Chapter NR 159

Register December 2010 No. 660

Chapter NR 159

MANAGEMENT OF CLASS B FIREFIGHTING FOAM

NR 159.01   Purpose.

NR 159.02   Applicability.

NR 159.03   Definitions.

NR 159.04   Prohibition and exemptions.

NR 159.05   Notification and recordkeeping.

NR 159.06   Storage.

NR 159.07   Containment.

NR 159.08   Treatment and disposal.

NR 159.09   Lab analyses and samples for PFAS in foam.

NR 159.01 NR 159.01 Purpose. The purpose of this chapter is to establish the appropriate containment, treatment, and disposal and storage measures when testing Class B firefighting foam that contains intentionally added PFAS; to establish consistent, uniform standards and procedures to limit the discharge of Class B firefighting foams, unless the foam is used in emergency firefighting or fire prevention operations; and to clarify recordkeeping and notification requirements. This chapter is adopted under s. 299.48, Stats.

NR 159.01 History History: EmR2045: emerg. cr., eff. 12-4-20; CR 21-073: cr. Register July 2022 No. 799, eff. 8-1-22.

NR 159.02 NR 159.02 Applicability.

NR 159.02(1) (1) This chapter applies to any person conducting testing of foam that contains intentionally added PFAS, including calibration testing, conformance testing, or fixed-system testing, to evaluate its effectiveness or testing of a firefighting foam delivery system or equipment.

NR 159.02(2) (2) This chapter applies to any person that uses or discharges foam that contains intentionally added PFAS including use as part of an emergency firefighting or fire prevention operation.

NR 159.02(3) (3) This chapter applies to any person that contains, treats, disposes, or stores foam from a testing facility or generated as a result of testing.

NR 159.02(4) (4) The prohibitions and requirements in this chapter apply to foam that is in concentrate or that is mixed with water, liquids, or other substances. No person may discharge foam to a storm or sanitary sewer or to the environment unless the discharge meets the treatment requirements of this chapter and the discharge is in accordance with all other applicable environmental regulations.

NR 159.02(5) (5) This chapter may not be construed as prohibiting the manufacture, sale, or distribution of foam that contains intentionally added PFAS.

NR 159.02 History History: EmR2045: emerg. cr., eff. 12-4-20; CR 21-073: cr. Register July 2022 No. 799, eff. 8-1-22.

NR 159.03 NR 159.03 Definitions. In this chapter:

NR 159.03(1) (1) “Calibration testing” means the comparison of measurement values delivered by a device under testing with those of a calibration standard of known accuracy.

NR 159.03 Note Note: Calibration testing is typically associated with the installation, maintenance, and repair of emergency fire suppression and firefighting equipment.

NR 159.03(2) (2) “Class B firefighting foam” has the meaning specified in s. 299.48 (1) (a), Stats.

NR 159.03 Note Note: Under s. 299.48 (1) (a), Stats., “Class B firefighting foam” means a foam designed for use on a flammable liquid fire, which may include a dual action Class A and B foam.

NR 159.03(3) (3) “Conformance testing” means testing or other activities that determine whether a process, product, or service complies with the requirements of a specification, technical standard, contract, or regulation.

NR 159.03(4) (4) “Container” means any device in which a material is stored, transported, treated, disposed of, or otherwise handled.

NR 159.03(5) (5) “Containment” means use of a container or secondary containment structure or device to keep foam under control or within boundaries.

NR 159.03(6) (6) “Department” means the department of natural resources.

NR 159.03(7) (7) “Discharge” has the meaning specified in s. 292.01 (3), Stats.

NR 159.03 Note Note: Under s. 292.01 (3), Stats., “discharge” means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

NR 159.03(8) (8) “Dispose” or “disposal” means the discharge, deposit, injection, dumping, or placing of any solid waste into or on any land or water.

NR 159.03(9) (9) “Emergency firefighting” means the act of attempting to prevent the spread of or extinguishing unwanted fires.

NR 159.03(10) (10) “Environment” has the meaning specified in s. NR 700.03 (18).

NR 159.03 Note Note: Under s. NR 700.03 (18), “environment” means any plant, animal, natural resource, surface water (including underlying sediments and wetlands), groundwater, drinking water supply, land surface and subsurface strata, and ambient air within the state of Wisconsin or under the jurisdiction of the state of Wisconsin.

NR 159.03(11) (11) “Fire prevention operation” means measures and practices directed toward the prevention and suppression of unwanted fires.

NR 159.03(12) (12) “Fire suppression system” means a system used to extinguish or prevent the spread of fire through the application of a substance.

NR 159.03(13) (13) “Fixed system” means a permanently installed fire suppression system designed for use on the specific fire hazards the system is expected to control or extinguish.

NR 159.03(14) (14) “Foam” means class B firefighting foam as defined under s. 299.48 (1) (a), Stats.

NR 159.03(15) (15) “Foam that contains intentionally added PFAS” means foam in which PFAS is a constituent of the foam added during the manufacturing process.

NR 159.03(16) (16) “Method detection limit” means the minimum measured concentration of a substance that can be reported with 99 percent confidence that the measured concentration is distinguishable from method blank results. The method detection limit is generated as defined in s. NR 149.03 (46).

NR 159.03(17) (17) “Person” has the meaning specified in s. 299.01 (10), Stats.

NR 159.03 Note Note: Under s. 299.01 (10), Stats., “person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, or federal agency.

NR 159.03(18) (18) “PFAS” has the meaning specified in s. 299.48 (1) (b), Stats.

NR 159.03 Note Note: Under s. 299.48 (1) (b), Stats., “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

NR 159.03(19) (19) “Safety data sheet” means a document that contains safety and safe handling information in respect to the product, including protection information regarding human health, and may include information on protection of the environment.

NR 159.03(20) (20) “Storage” means storing on a temporary basis for future use or future treatment or disposal in such a manner as not to constitute ultimate disposal.

NR 159.03(21) (21) “Testing” has the meaning specified in s. 299.48 (1) (c), Stats.

NR 159.03 Note Note: Under s. 299.48 (1) (c), Stats., “testing” means the testing of a firefighting foam to evaluate its effectiveness and testing of a firefighting foam delivery system or equipment.

NR 159.03(22) (22) “Training” has the meaning specified in s. 299.48 (1) (d), Stats.

NR 159.03 Note Note: Under s. 299.48 (1) (d), Stats., “training” means providing first-hand field experience to a person who may use a firefighting foam as part of an emergency firefighting or fire prevention operation.

NR 159.03(23) (23) “Treatment” means any method, technique, or process, including thermal destruction, that changes the physical, chemical, or biological character or composition of a contaminant.

NR 159.03 History History: EmR2045: emerg. cr., eff. 12-4-20; CR 21-073: cr. Register July 2022 No. 799, eff. 8-1-22.

NR 159.04 NR 159.04 Prohibition and exemptions.

NR 159.04(1) (1) Except as provided under sub. (2), no person may use or otherwise discharge, including for training purposes, a class B firefighting foam that contains intentionally added PFAS.

NR 159.04(2) (2) All of the following actions are exempt from the prohibition under sub. (1):

NR 159.04(2)(a) (a) The use or discharge by any person of a class B firefighting foam that contains intentionally added PFAS as part of an emergency firefighting or fire prevention operation.