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Opinion

Waiting for rescue: Protecting Firefighters Through The PFAS Alternatives Act 2023

Photo courtesy of IFD

Amid growing concerns over PFAS contamination, a bipartisan legislation, PFAS Alternatives Act 2023, was introduced to address the widespread use of these toxic chemicals in firefighting operations.

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are now linked to a range of serious health issues, including cancers, liver damage, and endocrine disruptions, prompting significant global efforts to eliminate them from the environment.

Firefighters, who are frequently exposed to PFAS through their gear and Aqueous Film-Forming Foams (AFFFs) used to combat chemical fires, are particularly at risk. These firefighting materials, which rely on PFAS for their water and heat-resistant properties, have long been recognized for their effectiveness but also for their harmful long-term impact on both human health and the environment.

Health Risks for Firefighters

PFAS rely on one of the strongest chemical bonds between a carbon atom and a fluorine atom. Because of this, PFAS are highly persistent and cannot degrade naturally. In time, with repeated exposure, these substances accumulate in the body and in the environment. Hence, there is currently no realistic safety threshold for exposure. This presents a significant risk for individuals who are frequently exposed, such as firefighters.

Firefighters are particularly vulnerable to PFAS exposure due to the nature of their work and the materials they use. Studies have shown that firefighters have significantly elevated levels of PFAS in their blood, a troubling finding given that PFAS are associated with a range of chronic and acute health issues, including cancers, such as testicular, prostate, thyroid and kidney cancers, endocrine disorders, reproductive health problems, and developmental issues in children.

One of the primary ways firefighters are exposed to PFAS is through their protective gear and the Aqueous Film-Forming Foams (AFFFs) used to fight chemical fires. AFFFs, which rely on PFAS to suppress flammable liquids, are a common tool for extinguishing Class B fires fueled by substances like oil and gasoline.

Additionally, PFAS can leach from the firefighting gear itself. Research by the National Institute of Standards and Technology found alarmingly high levels of PFAS of up to 2,000 micrograms per kilogram in firefighting equipment. For context, the Environmental Protection Agency has set a safety limit for PFAS in drinking water at just 4 parts per trillion, far lower than the concentrations found in firefighter gear.

Additionally, firefighters are also at risk from exposure in fire stations, particularly in areas where PFAS-based equipment is stored. As these chemicals accumulate in the workplace, the risk of exposure becomes even greater.

Given these multiple sources of contamination, firefighters are one of the highest-risk populations for developing PFAS-related health conditions. The constant and unavoidable exposure to these hazardous chemicals through their gear, foam, and work environments makes them particularly susceptible to the long-term effects of PFAS accumulation.

Notably, as these PFAS-based materials are used in and around local communities, contamination of local water sources is a real threat. As a result, replacing PFAS-based equipment and AFFF is a solution that will not only protect firefighters but local communities as well.

PFAS Alternatives Act 2023

Under this legislation, the federal government will allocate $25 million from 2024 to 2028 for research, development, and testing of PFAS-free turnout gear. In addition, every year, $2 million will be granted for training programs that will allow firefighters to learn how to safely use any new equipment.

The implementation of this act will be overseen by two key agencies. The U.S. Fire Administration, which operates under FEMA, will be responsible for managing grants to eligible organizations, and EPA, which will provide scientific expertise.

Despite the laudable initiative behind this act, some shortcomings still remain. For example, the Act has no mention of funding to fire departments for purchasing new PFAS-free gear. Furthermore, the legislation lacks a clear timeline for phasing out the existing PFAS-containing equipment, leaving some uncertainties about the pace of change. Herein, current efforts to remove PFAS from the environment are quite costly, and the Act does not specify what fire stations are to do with PFAS-based equipment that will be replaced.

The Health of Firefighters in Irving

The Fire Department in Irving employs 385 firefighters, including civilian employees and has a budget of $55.7 million. All these individuals may be at risk of developing any number of conditions associated with PFAS exposure.

Although at present the city does not have a banning or replacement policy on PFAS, the latest PFAS measurements conducted by the city show that all drinking water in the town is free from PFAS.

On a state level, Texas relies on the EPA-imposed limits for water safety in terms of PFAS content. However, some developments have been achieved in controlling fertilizers containing PFAS following massive lawsuits against Synagro Technologies selling biosolids contaminated with PFAS, and class action against EPA for failing to regulate PFAS in these products.

Sellers and manufacturers of PEE for firefighters and AFFFs may also be liable for damages if they do not warn the public and respective institutions of the PFAS content in their products. Just recently, Carrier Global paid $730 million for settling allegations over PFAS-containing fire suppression foam for which mandatory warnings have not been issued.

As the Alternatives Act is not yet enacted, the legal action route and recent results for Carrier Global may serve as deterants for sellers and manufacturers of firefighting gear and foams, making these companies more susceptible to adopting alternative materials. 

About the Author

Jonathan Sharp is the CEO of the Environmental Litigation Group, P.C. (ELG Law). Specializing in client relations and financial operations, Jonathan plays a crucial role in people impacted by toxic exposures.

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