The main concerns about PFAS are that they are highly persistent and resistant once they leak into the environment, especially in surface- and groundwater. Long-term exposure leads to various diseases, such as decreased fertility, weakened immune systems, thyroid disease, ulcerative colitis, or changes in liver enzymes. Alarmingly, PFOA and PFOS, the two most studied and widespread types of PFAS, are carcinogenic.
According to researchers at the Centers for Disease Control and Prevention, PFAS is present in the blood of more than 90% of Americans. People are exposed to these “forever chemicals” mainly through their drinking water and by using household and consumer products that contain PFAS. While most people are affected, firefighters are the most vulnerable to the dangers of PFAS, as the primary source of contamination is AFFF.
Firefighters are in direct contact with AFFF, work in PFAS-contaminated environments, and wear PFAS-containing protective gear regularly. Unsurprisingly, numerous medical studies demonstrated that the rates of cancer diagnosis are higher among firefighters compared to the general population, leading to cancer being the main cause of firefighter death.
In recent years, regulating AFFF use has become part of the nationwide efforts to eliminate PFAS from the environment. The Department of Defense (DOD), the biggest AFFF “consumer” on its military sites, said it would stop using it by October 2024. Several states, including Ohio, have taken proactive steps to restrict the use of AFFF. Even though many policymakers, scientists, and environmental protection groups agree that phasing AFFF out and switching to fluorine-free foam is the most viable solution for alleviating the PFAS problem, there is concern surrounding the fluorine-free foam alternatives available on the market.
Transitioning to PFAS-free firefighting foam has become even more urgent since, in March 2023, the Environmental Protection Agency (EPA) revised its recommendation for the safe exposure level of PFOA and PFOS, lowering the previous 70 parts per trillion (ppt) to 4 ppt. With this, the EPA confirms that basically no PFAS-contamination level is safe.
The most recent PFAS sampling in public water systems, completed in August 2021 by the Ohio Environmental Protection Agency, showed that several water systems serving hundreds of civilians had PFOS and PFOA exceeding the most recent four ppt MCL set by the EPA. The city of Dayton and Gentile Air Force Base (168 ppt PFAS detected), located near Dayton, are PFAS hot spots. Dayton has the most extensive local water system in the state, with PFAS detected over 4 ppt, serving over 140.400 citizens.
Besides the Wright-Patterson Air Force Base, the military has several installations across Ohio, with significant PFAS contamination resulting from AFFF use. Testing and cleanup activities are ongoing, but the issue is that the DOD still operates with the old 70 ppt maximum contamination level for PFOA and PFOS.
Legal provisions concerning AFFF in Ohio came into effect in June 2022. Bill 158 prohibits using AFFF for training and testing and recommends using fluorine-free foam for such activities. If another legal requirement overrides this prohibition, the facility must have appropriate disposal technology to prevent the release of AFFF into the environment. According to the law, AFFF can be used in emergency firefighting or fire prevention operations. However, there are no legal restrictions concerning the manufacturing, selling, or distributing of PFAS-containing firefighting foam or gear.
Besides regulations concerning AFFF use, in January 2023, the Ohio Environmental Protection Agency and the State Fire Marshal’s Office started a statewide AFFF Takeback program. The objective is to collect and destroy stockpiled AFFF and PFAS-contaminated wastewater at non-detectable levels at fire departments and government-owned airports using innovative PFAS Annihilating Technology. While tons of AFFF are safely disposed of thanks to the program, fire departments and military bases continue using AFFF.
Fluorine-free foams are also class-B foams, but they do not contain PFAS. While many fluorine-free foams are on the market, in terms of efficiency, most do not fulfill the military requirements for PFAS-free firefighting foams set by the DOD in January 2023. The new guidelines were widely welcomed, though, as they can help non-military fire departments choose a replacement foam.
Despite the urgency of the problem, the scientific community and environmental protection groups warn against quickly switching to a replacement foam, meanwhile the DOD and other institutions have been investing in research for a few years to find a non-toxic, biodegradable, and efficient substitute.
AFFF needs to be phased out as it endangers the life of thousands of firefighters and of citizens who consume toxic drinking water. Policies are slowly changing in this regard, and efforts are being made to eliminate the possibility of substituting one hazardous chemical with another. Still, awareness of the issue and lobbying for responsible policies are critical as manufacturers may influence policymaking in vicious ways, as we have seen in the case of PFAS.
Jonathan Sharp is a Chief Financial Officer at Environmental Litigation Group, P.C., a law firm headquartered in Birmingham, Alabama. The firm assists civilian and military firefighters exposed to toxic chemicals, especially PFAS. Sharp is responsible for case evaluation, financial analysis, and asset management at the firm.
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