The U.S. Department of Defense (DOD) has been tasked with phasing out the use of aqueous film-forming foam (AFFF). This firefighting product contains per- and polyfluoroalkyl substances (PFAS), which pose significant public health and environmental risks.
PFAS have been linked to a range of serious health conditions, including immune system damage, liver disease, thyroid problems, and cancer. Moreover, PFAS contamination has been found in drinking water and groundwater near military installations, prompting both federal and state agencies to take decisive action.
DOD's Ongoing Transition to PFAS-Free Foam
The National Defense Authorization Act for Fiscal Year 2020 required the DOD to phase out the use of AFFF by October 1, 2024. However, due to challenges in transitioning to alternatives, limited waivers have extended this deadline to 2026 for specific applications.
The DOD has made progress in replacing AFFF at installations worldwide, including developing specifications for PFAS-free foam that meets fire suppression standards.
However, the military faces significant challenges in fully discontinuing AFFF use:
- Lack of Compatible Alternatives: While fluorine-free foams are available, they cannot yet serve as direct replacements for AFFF in certain firefighting systems. These alternatives often have issues with temperature tolerance, or they require mixing with water just before use, unlike AFFF, which can be pre-mixed.
- High Transition Costs: The estimated cost of transitioning from AFFF to a fluorine-free product exceeds $2.1 billion. This includes upgrading firefighting systems, training personnel, and purchasing new foam products.
- Training Requirements: DOD firefighters, currently trained in AFFF use, will need additional training for fluorine-free foams. These new products may behave differently in fire suppression scenarios.
Given these hurdles, the DOD has indicated it will likely request extensions beyond the statutory deadline. In February 2024, it was reported that the department anticipates submitting two waiver requests, which would allow AFFF use to continue until 2026. These extensions are expected to be focused on ensuring that the transition does not compromise safety or operational effectiveness.
State-Level Programs for AFFF Disposal
As the DOD works through its transition, various states have also been taking proactive measures to mitigate the environmental impact of AFFF. Many states have established take-back programs, enabling fire departments to dispose of PFAS-containing foam safely.
A recent Fire & Safety Journal Americas report reveals that states have spent over $31 million to collect AFFF. Since 2018, more than 553, 000 gallons of AFFF have been collected.
The costs associated with foam collection and disposal vary widely by state.
North Carolina, for example, has spent $20 million to collect 120, 094 gallons of foam, making it the highest-cost state at $166 per gallon. Meanwhile, Massachusetts has been able to keep costs lower, spending just $6 per gallon for the collection of 17, 500 gallons.
Several states, including Colorado and Ohio, are offering financial incentives to fire departments to help offset the costs of switching to PFAS-free alternatives.
In Colorado, for instance, as of March 25, 2022, over 10, 000 gallons of PFAS-containing foam had been collected, Denver7 reports. To further assist, the Denver Department of Public Health and Environment is reimbursing departments $40 per gallon, enabling them to invest in PFAS-free foam.
This initiative underscores the commitment of state governments to help fire departments manage the costs and challenges of phasing out AFFF. It also ensures that both environmental and public health concerns are addressed.
Implications of EPA’s Proposed PFAS Regulations
The Environmental Protection Agency (EPA) has also taken significant steps toward regulating PFAS. The agency has proposed listing nine PFAS compounds as hazardous under the Resource Conservation and Recovery Act (RCRA).
This move could drastically alter how fire departments handle and dispose of AFFF, the firefighting foam containing these harmful substances.
With the potential for heightened regulations, states have proactively set up take-back programs. These programs help fire departments safely dispose of AFFF before the stricter EPA rules are finalized.
The Future of AFFF Lawsuits
As the transition away from AFFF continues, the legal landscape surrounding the use of PFAS is likely to evolve. Many lawsuits related to AFFF exposure are still ongoing, with plaintiffs seeking compensation for health issues linked to PFAS contamination.
These lawsuits allege that long-term exposure to AFFF, particularly among firefighters and military personnel, has caused serious health conditions including cancer. According to TorHoerman Law, plaintiffs argue that the manufacturers of AFFF failed to adequately warn about the risks of PFAS. They also claim that the long-term health impacts of using the foam were not properly communicated.
Legal experts predict that AFFF foam lawsuit settlement amounts for severe health issues could range from $200, 000 to $500, 000. Additionally, settlements for less severe cases are also expected to occur.
These lawsuits have intensified the urgency for the DOD and other agencies to take swift action in eliminating PFAS from firefighting products.
In the coming years, the number of AFFF-related lawsuits may increase, especially as more individuals affected by PFAS contamination come forward. The results of these legal battles are expected to shape future regulations and policies. This will impact the use of AFFF and PFAS chemicals in firefighting and other industries.
FAQS
What is AFFF?
Aqueous Film-Forming Foam (AFFF) is a firefighting agent used to suppress flammable liquid fires, such as those involving jet fuel. It creates a film that suppresses vapors and cools the fire, making it highly effective in emergency situations.
Why is AFFF a concern?
AFFF contains per- and polyfluoroalkyl substances (PFAS), a group of chemicals that have been linked to serious health risks. These include cancer, liver damage, immune system disruption, and developmental harm to fetuses. PFAS do not break down easily in the environment, leading to long-lasting contamination in soil and water sources.
What is being done to phase out AFFF?
The U.S. Department of Defense (DOD) has been tasked with transitioning away from AFFF by 2024, with limited waivers extending to 2026. Various states have also implemented take-back programs to help fire departments safely dispose of AFFF. Additionally, the Environmental Protection Agency (EPA) has proposed stricter regulations on PFAS chemicals to limit exposure.
Overall, the transition away from PFAS-containing firefighting foam presents significant challenges for both the DOD and state fire departments. States are playing a key role in managing AFFF disposal while the military works on suitable replacements. This collaboration highlights the urgent need to address the health and environmental risks of PFAS.
As states take proactive steps, their efforts may serve as a model for future environmental policies. Meanwhile, ongoing lawsuits will continue to emphasize the need for faster, more comprehensive action against PFAS contamination.