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Fire-fighting emulsifiers contain fluorinated surfactants commonly known as PFASs (per- and polyfluoroalkyl substances). They are classified as "eternal pollutants" or "persistent organic pollutants" because they are persistent in the environment and can accumulate in living organisms.
Which substances are concerned?
PFOS(perfluorooctane sulfonic acid and its derivatives - PFOS) and PFOA(perfluorooctanoic acid) were the first substances identified as being present in fire-fighting foams. PFOS have been banned since June 2011.
Several PFAS in your equipment are currently regulated, including :
Regulation (EU) 2019/1021 (POP), following on from already existing restrictions in REACH, bans since July 2020 the marketing and use of PFOAs and in particular those contained in fire-fighting foams present in fixed or mobile equipment, intended for suppressing liquid fuel vapors and fighting liquid fuel fires (Class B fires) when certain concentrations are exceeded (≥ to 0.025 mg/kg for PFOA and its salts ≥ to 1mg/kg for the sum of related compounds).
As of January 1, 2023, operators are still allowed to use these emulsifiers until July 4, 2025, for testing purposes (with the exception of training) or during fires, provided that all water polluted by these substances is contained. After this deadline, no tolerance on their use is allowed when concentration limits are exceeded.
Regulation (EC) 1907/2006 (REACH) prohibits since February 2023 the marketing and use of C9-C14 PFCAs, their salts and related substances present in fire-fighting foams when a certain concentration is exceeded (≥ 25 ppb for PFCA and its salts ≥ 260 ppb for related substances).
From January1, 2023 to July 4, 2025, operators are still allowed to use fire-fighting foams present in fixed or mobile systems to fight fires involving liquid fuels (Class B fires), during tests (with the exception of training courses) or during fires, provided that all water polluted by these substances is contained. After this deadline, no tolerance is allowed when concentration limits are exceeded.
Regulation (EC) 1907/2006 (REACH) and Regulation (EU) 2019/1021 (POP) prohibit since August 28, 2023 the use of fire-fighting foams containing or potentially containing PFHxS, their salts and related substances when it is not possible to contain all releases (e.g. in testing or in the event of fire) when a certain concentration is exceeded (≥ to 0.025 mg/kg for PFCA and its salts ≥ to 1mg/kg for the sum of related compounds, and ≥ to 0.1mg/kg when they are present in concentrated fire-fighting foam mixtures which are intended to be used or are used in the production of other fire-fighting foam mixtures).
The latest restriction introduced by Regulation (EC) 1907/2006 (REACH) concerns PFHxA. From April 10, 2026, it will no longer be possible to buy or use PFHxA, its salts and related substances when a certain concentration is exceeded (≥ 25 ppb for PFHxA and its salts or ≥ 1000 ppb for the sum of related substances). An exception is made for functional testing of fire-fighting systems, provided that all emissions are contained.
What should I do with my products/waste?
Stocks of fire-fighting foams which contain or may contain PFOA, PFCA, and PFHxS, its salts and/or related compounds, and wastes whose concentrations exceed the thresholds laid down in the POP Regulation (Annex I for products and Annex IV for wastes) must be disposed of in accordance with Article 7 of the Regulation. In particular, they must :
- be separated from other waste to avoid contamination,
- be disposed of or recovered in such a way that the POPs are destroyed or irreversibly transformed so that the remaining wastes and discharges no longer present the characteristics of POPs.
The following disposal and recovery operations are authorized:
- D9 Physico-chemical treatment,
- D10 Incineration on land,
- R1 Primary use as a fuel or other means of generating energy,
- R4 Recycling or recovery of metals and metal compounds under certain conditions.
Exemptions are possible under certain conditions.
Penalties provided for in the POP regulations
Penalties for POP regulations are defined, along with those for chemical products, in articles L. 521-17 to 24 of the French Environment Code.
The maximum penalties are as follows:
- Administrative penalties: formal notice and, in the event of non-compliance, a fine of up to €15,000 and a daily penalty of €1,500;
- Penalties: 2 years' imprisonment and €75,000 fine;
Additional impact for operators of ICPE installations subject to authorization
We won't go back over the obligation to identify PFAS and analyze releases introduced by the Order of June 20, 2023 for ICPEs subject to authorization (see article: Substances PFAS: zoom sur les obligations).
Coming into force on March1, 2025, a fee is now defined for water pollution when activities result in the discharge of perfluoroalkylated and polyfluoroalkylated substances (PFAS) into water, either directly or via a collection network. This fee is based on the mass of perfluoroalkylated and polyfluoroalkylated substances discharged per year.
The rate is set at 100 euros per 100 grams discharged (list of PFAS concerned pending decree). This tax will be paid to water agencies and local authorities responsible for producing and distributing drinking water, to help them meet the costs of depollution.
Are there other substances to watch out for in extinguishing agents besides PFAS?
Yes, like fluorinated greenhouse gases (GHGs)!
These gases are governed by EU regulation 2024/573 (F-GAZ III) and by the French Environment Code. They are found in certain fixed fire protection equipment. Equipment containing at least 5 tonnes CO2 equivalent of HFCs, PFCs and other (per)fluorinated compounds (SF6) and fluorinated nitriles, or more than 1 kg or more of unsaturated HFCs not contained in foams, are subject to periodic leak testing.
In addition, once equipment has been decommissioned, operators must ensure that fluorinated GHGs are recovered for recycling, regeneration or destruction. The latter must be declared on Trackdéchet as hazardous waste.
Last but not least, propylene glycol is widely deployed in outdoor sprinkler systems, and its properties prevent the network from freezing in low temperatures. It is strongly recommended not to discharge water polluted by propylene glycol into the sewer or the natural environment.