On April 19, the Environmental Protection Agency (EPA) released a final rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctane sulfonic Acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Commonly known as the Superfund, CERCLA is intended to hold known polluters accountable. After making this designation, the EPA can force responsible parties to either clean up contaminated sites themselves or fully reimburse the EPA for remediation.
The EPA is using its discretion on this matter and says that it will not pursue entities like local fire departments, where equitable factors do not support seeking response actions.
Both PFOA and PFOS are known as “forever chemicals.” These types of chemicals are commonly found in materials such as non-stick cookware and waterproof clothing. Firefighters and first responders most often encounter PFOA and PFAS inside their personal protective equipment and aqueous film forming foam (AFFF). In the past few years, numerous studies have noted and collected data on health risks from PFAS and PFOA. Ailments such as various cancers, reproductive and developmental issues, thyroid disease, reduced immune response, increased cholesterol levels, respiratory illness, and numerous other health-related concerns have been attributed to PFAS exposure.
In recent years, the public’s focus on forever chemicals has increased. This legislative response has therefore been long anticipated. It brings about new reporting requirements, steps up enforcement, and even addresses real estate concerns related to areas with high concentrations of PFAS and PFOA.
The EPA has flexibility as to how, where, and when they enforce these regulations, and they recognize the role local fire departments play in protecting their community.
“State or municipal airports and local fire departments provide a public service by preparing for and suppressing fire emergencies and protecting public safety. They do not manufacture PFAS nor use PFAS as part of an industrial process. Many airports and fire departments, however, store and use aqueous film forming foam (AFFF), [a] fire-fighting foam that may contain PFAS. Many airports have been required by Federal Aviation Administration regulations to maintain adequate amounts of AFFF to address fire emergencies. State or municipal airports and local fire departments have also used AFFF during fire emergencies and training exercises.”
“To the extent [that] publicly owned airports and local fire departments are legally required to continue to use AFFF, these parties must follow all applicable regulations governing the use, storage, handling, and disposal of AFFF that contains PFAS. [The] EPA also expects these parties to exercise a high standard of care.”
Local fire departments experience numerous issues which already hinder their ability to serve the public. The cost of equipment, the lack of staffing, and the need for further training are problems fire departments constantly deal with. They were never involved in the manufacturing of any of these “forever chemicals.” At the end of the day, local fire departments utilize these substances in order to save lives.
Thankfully, the EPA recognizes this and does not intend to seek any funds or other reimbursement due to suspected PFOA or PFAS contamination by local fire departments at this time. It is vital that this recognition remains present in current and future conversations about these “forever chemicals,” and that the nation’s fire service is given protected status whenever legislation is passed concerning their use or disposal.
The IAFC will continue to monitor these regulations to ensure that local fire departments are protected.
Steven Alonzo is a Government Relations Manager for the IAFC.