Missouri would regulate PFAS firefighting foam and report releases

The Department of Natural Resources would make rules for PFAS firefighting foam. The rules would cover firefighting or fire-suppressing foam to which PFAS have been intentionally added. The rules are to protect the environment and keep soil, water, and air safe and clean.

A person who releases, or causes the release of, PFAS firefighting foam in the listed places would have to report it to the department. The duty would apply when foam with intentionally added PFAS is released into or onto listed waters, a public or private water supply, or land adjacent to, on, or over those waters. A discharge includes intentional or accidental releases, such as spills, leaks, and spraying. The report would be due as soon as practicable, and no later than 24 hours after the release.

A person would be barred from making, selling, offering for sale, or distributing covered foam in Missouri. The restriction would cover foam with intentionally added PFAS made, sold, offered for sale, or distributed for sale or use in Missouri. The restriction would not cover foam made, sold, or distributed for airport use when federal law requires it for firefighting, or foam made, sold, or distributed for marine defense when the U.S. Department of Defense requires its use. If the department asks, a manufacturer making foam for sale or distribution in Missouri would have to provide a certificate showing that it has no intentionally added PFAS or meets an exception. The restriction would begin January 1, 2028.

Manufacturers would have to notify recipients in Missouri and recall covered foam, with a way to reimburse them. The duty would apply to manufacturers of foam with intentionally added PFAS that was sold, offered for sale, or distributed in Missouri before January 1, 2028. The recall would have to include a process to reimburse people in Missouri who received the foam for the recalled product. The notice and recall duties would apply before January 1, 2028.