PFAS within Legislation, What’s To Come & Firehouse Checklist for 2026
(State bans, federal action, and purchasing implications)
PFAS (“forever chemicals”) are rapidly becoming a procurement, compliance, and health-risk issue for the fire service—not just an environmental headline. Between state bans on PFAS in PPE, tighter disclosure rules, and federal actions affecting water, foam, and cleanup liability, 2026 is shaping up to be a major inflection point for how departments buy, use, store, and retire gear and foam.
Why 2026 matters
By 2026 and the following few years, many departments will be navigating three overlapping forces:
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State-level bans and deadlines on intentionally added PFAS in turnout gear and related equipment (often with phased implementation dates).
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NFPA standards changes that accelerate “restricted substances” requirements and enable clearer PFAS-related product claims—changing what manufacturers can sell and what you should spec.
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Federal regulatory and liability pressure that affects foam transition, water testing, and potential cleanup/reporting exposure—even if your department isn’t “manufacturing” anything.
1) State bans are moving from “proposal” to “purchasing reality”
More states and cities are adopting rules that target “intentionally added PFAS” in firefighter PPE—especially turnout gear. Massachusetts passed legislation banning PFAS in firefighter protective gear. Illinois enacted a law banning intentionally added PFAS in firefighter protective gear, with additional disclosure requirements beginning in 2026 (per state communications). Connecticut has also advanced PFAS restrictions (including safety products), with phased timelines reflected in state summaries.
What to expect next (2026+):
- More jurisdictions will adopt ban + phase-in approaches (e.g., “no new purchases after X date,” “full replacement by Y date”).
- You’ll see hybrid requirements: bans + mandatory disclosures + record retention.
- Regional purchasing cooperatives and city procurement offices may add PFAS clauses even before a statewide deadline (San Francisco is a good example of a department accelerating ahead of a local deadline).
2) NFPA changes will reshape what “compliant” gear looks like in bids
NFPA issued the consolidated NFPA 1970 standard and shortened the compliance timeline (from 18 months to 12 months) for turnout gear and work apparel—meaning product lines and bid specs can change fast. NFPA Journal has also highlighted the impact of restricted chemicals (including PFAS) on what PPE can be sold in the U.S.
Purchasing implication:
Even if your state hasn’t banned PFAS, vendors may discontinue older materials, and “like-for-like” replacements might disappear. Expect more questions in the bid process about:
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Restricted substances thresholds
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Disclosure documentation
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Third-party testing/verification
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How “non-PFAS” or “PFAS-free” claims are substantiated
3) Federal action that departments will feel—without being “federal”
A) Foam transition pressure continues (with some delays)
The Department of Defense has been required to transition away from PFAS-containing firefighting foam, and GAO notes challenges and the availability of waivers up to October 1, 2026. Separately, the FAA has published a transition plan toward fluorine-free foam (F3) for aircraft firefighting.
Purchasing implication:
If you support an airport, industrial facilities, mutual aid with ARFF, or train on Class B scenarios, you should expect:
● Increased availability and normalization of fluorine-free foam options
● Scrutiny on foam storage, disposal, and training discharges
● Contract language restricting PFAS-containing foam
B) Cleanup/reporting liability got sharper with CERCLA
EPA finalized designation of PFOA and PFOS as hazardous substances under CERCLA, effective July 8, 2024—which triggers reporting requirements for certain releases and changes the liability landscape around contamination response.
Operational implication:
This doesn’t mean typical fireground operations automatically equal a CERCLA violation—but it does mean departments should be more disciplined about:
● Foam spill prevention and documentation
● Disposal pathways (avoid drains/storm systems)
● Vendor contracts that clarify responsibility for removal/disposal
C) “PFAS reporting” timelines are converging on 2026–2027
EPA’s TSCA Section 8(a)(7) PFAS reporting rule deadlines were extended: submissions are due October 13, 2026 for most manufacturers, and April 13, 2027 for certain small businesses importing PFAS in articles.
Why you care:
You may be asked by vendors for data, certifications, or confirmation about what you purchased, how it was used, or how it was disposed—especially as supply chains try to document PFAS content and reduce risk.
4) Drinking water rules and firehouse exposure questions won’t go away
EPA set enforceable PFAS drinking water standards in 2024 and gave water systems years to comply; EPA communications have discussed compliance timelines and subsequent policy adjustments. For departments, this shows up as:
● Growing interest in firehouse water testing
● Questions about ice machines, bottle fillers, and kitchen taps
● Union/municipal discussions about blood testing and health monitoring (in some jurisdictions)
What fire departments should do now (a 2026-ready checklist)
Procurement & specs
● Update bid language to require documentation: material disclosures, third-party testing, and certification alignment to current NFPA standards.
● Add a requirement that vendors disclose intentionally added PFAS and define how they support any “non-PFAS” claims (don’t rely on marketing language alone).
Inventory & lifecycle
● Build a simple register for: turnout ensembles, hoods, gloves, boots, station wear, foam inventory, and decon products (purchase date, lot/serial, expected retirement, disposal method).
● Plan budget cycles around phase-in deadlines rather than emergency replacement.
Foam & training
● If you still stock AFFF, confirm state restrictions and disposal rules; begin transition planning with your AHJ and mutual aid partners.
● For ARFF/industrial partners, align to FAA/DoD direction toward fluorine-free foam where required/feasible.
Risk & documentation
● Add PFAS to your annual risk assessment: exposure pathways (gear, station wear, foam, water), controls (decon SOPs), and records retention.
● Tighten spill response SOPs for foam concentrates and contaminated wash water (documentation matters more under the current federal liability environment).
Bottom line
By 2026, PFAS will be treated less like an emerging topic and more like a standard purchasing constraint—similar to how departments already manage SCBA standards, carcinogen exposure reduction, and hazardous materials documentation. The safest path is to get ahead of it: modernize specs, demand disclosures, plan phased replacement, and document your foam and PPE lifecycle.
