The BAFE Fire Safety Register recognise the importance of complying with appropriate environmental regulations and publish information on behalf of the Environment Agency for the interest of relevant BAFE registered organisations and the wider fire safety industry who work with Class B foams. This information is important and may affect business practice, so please take the time to review thoroughly.

BAFE must note this information is applicable to England only, however all constituent countries of the UK must observe the appropriate environmental regulations regarding this matter (the Environmental Agency of your country will be able to advise further).

Following COP26, and considering environmental factors prior to this, BAFE schemes will be reviewed where relevant to consider environmental issues.

Chris Auger, Director of Schemes

Information below provided by the Environmental Agency (November 2021):

Who we are

We are the Environment Agency. We monitor and enforce controls on certain chemicals - to protect the environment and human health through exposure to the environment.

We are one of the enforcing authorities for the UK POPs Regulation, relating to controls on chemicals known as Persistent Organic Pollutants (POPs).

Why we are contacting you

We are writing to tell you about important information that may affect your business.

The UK POPs Regulation bans the production, placing on the market and use of substances, mixtures and articles containing Perfluorooctanoic acid (PFOA), its salts and PFOA related compounds.

PFOA, its salts and PFOA related compounds remain in the environment for very long periods of time. They are toxic and gradually build up to harmful levels in living organisms.

PFOA, its salts and PFOA related compounds have previously been used as active ingredients in Class B firefighting foams, particularly aqueous film forming foams, due to their surfactant properties. They may also be present in foams as a contaminant.

There is currently an exemption in place for the use of PFOA, its salts and PFOA-related compounds in fire-fighting foam for Class B fires already installed in systems, including both mobile and fixed systems. This exemption is in place until 4 July 2025, subject to certain conditions being met.

What you need to do

You need to have confidence that you are compliant with the law.

To find out if the foam you hold contains PFOA, its salts and/or PFOA-related compounds, you can:

• Check the safety data sheet for the foam.
• Contact the supplier or manufacturer of the foam.
• Get the foam analysed by a suitable lab.

If you intend to use or have a stockpile of Class B foam already installed in systems which contains or may contain PFOA, its salts and/or PFOA-related compounds, you have a legal obligation to meet the following conditions:

• Holders of stockpiles greater than 50kg must notify the environment agency by completing a stockpile notification form (webpage below) and sending to chemicalrestrictions@environment-agency.gov.uk. You must notify us as soon as possible if you hold a POPs stockpile.
• The fire-fighting foam shall not be used for training.
• The fire-fighting foam shall not be used for testing unless all releases are contained.
• As from 1 January 2023, the use of the fire-fighting foam shall only be allowed in sites where all releases can be contained.

Further help

Further information on the use, storage, and disposal of POPs, including PFOA, can be found online at www.gov.uk by searching “persistent organic pollutants”.

The POPs stockpile notification form can be found online at www.gov.uk/government/publications/persistent-organic-pollutants-notifying-pops-stockpiles

We have provided supporting information from the UK POPs Regulation on the definition of substances referred to as “PFOA, its salts and PFOA related compounds” and the concentration limits for unintentional trace contamination with this communication (see below).

We work with businesses to help them comply with environmental regulations. If you have any questions, please do not hesitate to contact us at chemicalrestrictions@environment-agency.gov.uk.

Definition of substances referred to as Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds as set out by the UK POPs Regulation

“Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds” means the following:

(i) perfluorooctanoic acid, including any of its branched isomers;

(ii) its salts;

(iii) PFOA-related compounds which, for the purposes of the Convention, are any substances that degrade to PFOA, including any substances (including salts and polymers) having a linear or branched perfluoroheptyl group with the moiety (C₇F₁₅)C as one of the structural elements.

The following compounds are not included as PFOA-related compounds:

(i) C₈F₁₇-X, where X = F, Cl, Br;

(ii) fluoropolymers that are covered by CF₃[CF₂]n-R’, where R’=any group, n> 16;

(iii) perfluoroalkyl carboxylic acids (including their salts, esters, halides and anhydrides) with ≥ 8 perfluorinated carbons;

(iv) perfluoroalkane sulfonic acids and perfluoro phosphonic acids (including their salts, esters, halides and anhydrides) with ≥ 9 perfluorinated carbons;

(v) perfluorooctane sulfonic acid and its derivatives (PFOS), as listed in this Annex.

Unintentional trace contamination limits as set out by the UK POPs Regulation

1. For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOA or any of its salts equal to or below 0,025 mg/kg (0,0000025 % by weight) where they are present in substances, mixtures or articles.
2. For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of any individual PFOA-related compound or a combination of PFOA-related compounds equal to or below 1 mg/kg (0,0001 % by weight) where they are present in substances, mixtures or articles.

PDFs of the above information can be downloaded using the links provided:

Environment Agency comms to BAFE organisations on PFOA foams 15/11/2021

Environment Agency comms to BAFE organisations on PFOA foams SUPPORTING INFO 15/11/2021