wv-wv-18570: 87-14 — Use of Aqueous Film-Forming Foam (AFFF) for Fire Training Program Purposes

6/29/2026 3:32:50 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Fire Commission TITLE-SERIES: 87-14 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: Use of Aqueous Film-Forming Foam (AFFF) for Fire Training Program Purposes CITE STATUTORY AUTHORITY: W. Va. Code §29-3-5g. COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/29/2026 12:00 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Brandolyn N. Felton-Ernest ADDRESS: 1900 Kanawha Blvd., E. Building 1, Room W-400 EMAIL: brandolyn.feltonernest@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: RELEVANT FEDERAL STATUTES OR REGULATIONS: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: This rule establishes the rules and regulations deemed necessary by the State Fire Commission for establishing criteria for use of Aqueous Film-Forming Foam (herein after AFFF) during qualified training programs in fire- fighting and hazardous substance emergency response activities and procedures for such qualified training programs to be certified by the state fire marshal. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: The proposed amended rule updates the filing date, effective date and sunset provision of the rule. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: 0 B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: 0 C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: 0 D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost Personal Services Current Expenses Repairs and Alterations Assets Other 2. Estimated Total Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): 0 BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Brandolyn N Felton-Ernest-By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 87CSR14 TITLE 87 LEGISLATIVERULE STATE FIRE COMMISSION SERIES 14 USE OF AQUEOUS FILM-FORMING FOAM (AFFF) FOR FIRE TRAINING PROGRAM PURPOSES §87-14-1. General. 1.1 Scope. -- These regulations establish the rules and regulations deemed necessary by the StateFire Commission for establishing criteria for use of Aqueous Film-Forming Foam (herein after “AFFF”) during qualified training programs in fire-fighting and hazardous substance emergency response activities and procedures for such qualified training programs to be certified by the state fire marshal. 1.2 Authority. -- WV W. Va. Code §29-3-5g. 1.3. Filing Date. -- May 5, 2022. 1.4. Effective Date. -- August 1, 2022. 1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027 2032. §87-14-2. Procedures for Certification of Training Programs. 2.1 Any person, firm, corporation, or governmental entity may request certification of their hazardous material response training program by submitting a copy of the program to the State FireMarshal. 2.2 The desired program level of certification such as fire department personnel or industrial responder must bedesignated. 2.3 The State Fire Marshal shall approve the program contingent upon compliance with Section 4 of these rules and regulations. 2.4 A copy of all training/certifications records and approved training programs shall be provided to the State Fire Marshal Office for record keeping purposes. §87-14-3. Record of Participation. 3.1. Theindividualorganization,agency,departmentorenterpriseisresponsibleformaintaininga record of those individuals receiving the appropriate training. §87-14-4. Use of AFFF During Training. 4.1. Fire Department fire-fighting and hazardous material training programs where use of AFFF exist. 4.1.1. Active and specialized support members of a volunteer fire department, combination fire department or county fire prevention unit(s), and paid fire departments that respond but do not operate at hazardous material incidents must have completed and achieved certification for training at or above the level of Hazardous Material Awareness, and have passed any and all testing required for this certification. Active and specialized support members that operate at hazardous materials incidents must have completed 1 87CSR14 and achieved, at the minimum, certification for training at the Hazardous Materials Operations Level, as set forth by NFPA 1001, Standard for Fire Fighter Professional Qualifications or equivalent, and have passed any and all testing required for this certification. Additionally, all active members and firefighters shall have the training available to them to allow them to become compliant with the NIMS Training Guidelines for West Virginia as established by the West Virginia Division of Homeland Security and Emergency Management. 4.1.2. Standard safe practices for the discharge or otherwise use class B fire-fighting foam that contains intentionally added polyfluoroalkyl substances (PFAS). 4.1.2.a. For purposes of this section: 4.1.2.a.1. “Class B fire-fighting foam” means any foam designed to extinguish flammable liquid fires. 4.1.2.a.2. “PFAS chemicals” means nonpolymeric perfluoroalkyl and polyfluoroalkyl substances that are a group of man-made chemicals that contain at least two (2) fully fluorinated carbon atoms, excluding gases, and volatile liquids. 4.1.2.a.3. “Testing” means calibration testing, conformance testing, or fixed system testing. 4.1.2.a.4. “Testing Facility” allows the discharge of foam in a non-emergency situation for the evaluation and calibration offirefighting equipment and foam. This facility may also have the capability to provide some level of needed training for firefighters. 4.1.2.a.5. “Fixed Foam System” means a complete installation piped from a central foam station, discharging through fixed discharge devices on the flammable liquid hazard being protected. Foam proportioning components are permanently installed. The system has been engineered for the hazard and often contains multiple (UL or FM) listed components and foam. 4.1.2.a.6. “Foam Training Facility” shall mean to allow the discharge of foam in a non- emergency situation for the training of firefighters and readiness of equipment. This facility may also have the capability to provide some level of needed evaluation and calibration of equipment and foam. 4.1.3. On or after July 1, 2021, no person,fire department, state department, agency, board, bureau, office, commission, public corporation, or authority; county, municipal corporation, school district, or other political subdivision of this state may discharge or otherwise use class B fire-fighting foam that contains intentionally added PFAS chemicals unless: 4.1.3.a. The discharge or other use occurs in fire prevention or in response to an emergency fire-fighting operation; or 4.1.3.b. The discharge or other use is for training or testing purposes which occurs at a facility that has implemented containment, storage, treatment, and disposal measures to prevent uncontrolled releases of such class B fire-fighting foam into the environment. 4.1.4. Nothing in this code section may be construed to: 4.1.4.a. Restrict the manufacture, sale, or distribution of class B fire-fighting foam that contains intentionally added PFAS chemicals or restrict the discharge or other use of class B fire-fighting foam in response to an emergency fire-fighting operation; or 2 87CSR14 4.1.4.b. Prevent the use of nonfluorinated foams, including other class B fire-fighting foams, for purposes of training for fire-fighting operations. 4.1.5. Training certification records shall be maintained and retained by the fire department and/or their governing authority having jurisdiction when use of allowable AFFFs for training purposes are used. 3