Register July 2022 No. 799
Chapter NR 159
MANAGEMENT OF CLASS B FIREFIGHTING FOAM
NR 159.04 Prohibition and exemptions.
NR 159.05 Notification and recordkeeping.
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(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 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 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 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(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 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 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 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 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.
NR 159.04(2)(b)
(b) The use by any person of class B firefighting foam that contains intentionally added PFAS for testing purposes, including calibration testing, conformance testing, or fixed system testing, if the testing facility has implemented appropriate containment, treatment, and disposal or storage measures, as specified in ss.
NR 159.06 to
159.08, to prevent discharges of the foam to the environment.
NR 159.04 Note
Note: Under s.
299.48 (3) (b), Stats., appropriate containment, treatment, and disposal or storage measures may not include flushing, draining, or otherwise discharging foam into a storm or sanitary sewer.
NR 159.04 Note
Note: A person responsible under s.
292.11 (3), Stats., for discharges of PFAS to the environment shall follow the applicable requirements in chs.
NR 700 to
754 for response action sites.
NR 159.04 History
History: EmR2045: emerg. cr., eff. 12-4-20; CR 21-073: cr. Register July 2022 No. 799, eff. 8-1-22. NR 159.05
NR 159.05 Notification and recordkeeping.
NR 159.05(1)(1)
Notification. A person that uses or discharges foam shall do all of the following:
NR 159.05(1)(a)
(a) Notify the department of the use or discharge of foam as part of an emergency firefighting or fire prevention operation immediately or as soon as practicable without hindering emergency firefighting or fire prevention operations.
NR 159.05(1)(b)
(b) Notify the department immediately of any discharge of foam to the environment resulting from testing purposes.
NR 159.05(2)
(2)
Recordkeeping. Any person in possession of foam shall retain foam safety data sheets and make them available to the department for examination upon request.
NR 159.05 History
History: EmR2045: emerg. cr., eff. 12-4-20; CR 21-073: cr. Register July 2022 No. 799, eff. 8-1-22. NR 159.06
NR 159.06 Storage. A person that uses foam for testing purposes shall store foam in accordance with manufacturer instructions
and safety data sheets, and in a manner that shall prevent discharge of foam to the environment. A person that stores foam for testing purposes shall do all of the following:
NR 159.06(1)
(1) Establish and maintain a quarterly inspection program for detecting leaks in storage containers and a plan to undertake response measures to halt, contain, remove, treat, or dispose of foam discharges.
NR 159.06(2)
(2) Post safety data sheets in a visible location in the storage area.
NR 159.06(3)
(3) Clearly label all containers to indicate the contents of the container and keep containers in a manner that allows easy detection of signs of leakage.
