New Zealand’s EPA Proposal

Recently, the New Zealand’s Environmental Protection Authority (“EPA”) has proposed consulting plans to phase out the use of perfluoroalkyl and polyfluoroalkyl substances (PFASs) in Firefighting Chemicals while amending the Fire Fighting Chemicals Group Standard of 2017.

PFAS’s are toxic or hazardous chemicals, materials, substances in the global product supply chains. PFAS’s are man-made chemicals that have been used for a long time in products as ingredients in industry and consumer products such as non-stick cookware, water-repellent clothing, stain-resistant fabrics, carpets, some cosmetics, some firefighting foams, and products that resist grease, water, and oil.These chemicals have potential risks to public health and the environment from these available products containing PFAS’s.

The proposed amendments will phase out firefighting foams containing PFAS; provide plans for the disposal of PFAS firefighting foams and PFAS waste products and set restrictions on the use of PFAS firefighting foams during the 5-year phase-out period.

Proposed changes to the firefighting chemical group standard 2017 are as under:

Prohibit the use of firefighting foam products that contain PFAS compounds for training purposes from the date the revised Group Standard is enacted.
Prohibit the use of firefighting foam products that contain PFAS compounds for testing unless all releases of foam can be fully contained on site.
Allow the use of firefighting foam products that contain PFAS compounds that are already installed in systems and where the use cannot be fully contained (i.e. fire trucks) for a period of two years.
Allow the firefighting foam products that contain PFAS compounds to be used where they are already installed in fixed systems and where their use can be fully contained on-site and cannot be released into the environment for a period of five years.
Require thorough cleaning of all firefighting systems so as to remove, as far as reasonably, practicable, any residual PFAS compounds when transitioning to a non-fluorinated firefighting foam product.
Require that all firefighting foam products containing PFAS compounds and all PFAS containing wastes (e.g. firewater, wastewater, run-off, foam, and other wastes contaminated with PFAS compounds) be safely disposed of by an approved method.
Suppliers of any firefighting foam product must ensure that the producer’s certification of its fluorine content (or absence of) is displayed on a label or document provided with the product.
All foam wastes, including fluorine-free foam, must be contained where possible (there are exceptions for essential uses and emergency incidents provided that all reasonable and practicable measures are taken to minimize environmental harm).
Require all importers and/or manufacturers to notify the EPA of the composition of any firefighting foam product upon their first import/manufacture.
Two types of PFAS, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) were excluded from the scope of the Group Standard. This specific exclusion is no longer necessary because they are listed as persistent organic pollutants (POPs) under schedule 2A of the HSNO Act (or have been shown to have met the criteria to be listed as a POP). However, firefighting foam products containing PFOA-related compounds will remain within the scope of the group standard for the duration of the transitional period specified.

For details on the proposed amendment, interested readers may visit the web page at: https://www.epa.govt.nz/assets/Uploads/Documents-/Documents/Hazardous-Substances/Fire-Fighting-Chemicals-Group-Standard-consultation/Proposal-to-amend-the-Fire-Fighting-Chemicals-Group-Standard-2017.pdf.

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