Alaska Enacts Phase-Out of PFAS-Containing Firefighting Foams

On July 22, 2024, Alaska enacted Senate Bill (SB) 67, which phases out the use of firefighting foams containing per- and polyfluoroalkyl substances (PFAS). The bill automatically became law after the Governor neither signed nor vetoed it within the designated 22-day period.

Introduction:

Aqueous Film Forming Foam (AFFF), a firefighting foam used primarily on military bases and airports to fight fuel and chemical fires, contains per- and polyfluoroalkyl substances (PFAS). PFAS are a group of over 12,000 chemicals widely used in consumer products, industrial applications, and industrial firefighting foams. Even minimal exposure to PFAS has been associated with severe health issues, including liver and kidney damage, reproductive and developmental harm, immune system impairment, and certain cancers.

Proposed Bill:

The majority of PFAS contamination in Alaskans' drinking water is linked to the dispersive use of PFAS-based industrial firefighting foams at airports and military bases. Starting January 1, 2025, a ban on AFFF and a disposal program will be implemented. The new legislation mandates a transition to PFAS-free foams and authorizes the removal of PFAS firefighting foams from villages with populations of less than 2,000.

Rather than having the state directly handle the collection and disposal of PFAS in rural villages, the state will reimburse these communities for the associated costs. This includes expenses related to replacing equipment potentially contaminated by PFAS foams. However, these foams may still be used if required by federal law, according to the bill.

Exemptions:

Oil and gas facilities, which are at risk of especially intense fires will be permitted to use existing foams until the state fire marshal officially identifies an alternative firefighting foam that is both PFAS-free and proven to be safe and effective. Once that determination is made, the state fire marshal is expected to enact a regulation mandating these facilities to switch to PFAS-free foams, as required by the bill.