Bill mandating end to use of PFAS-containing firefighting foams becomes law in Alaska

Waters of Anchorage’s Lake Hood and, beyond it, Lake Spenard are seen connected Wednesday down a parked seaplane. The connected lakes, located astatine nan Ted Stevens Anchorage International Airport, comprise a engaged seaplane center. A study by Alaska Community Action connected Toxics published past twelvemonth recovered that nan 2 lakes had, by far, nan highest levels of PFAS contamination of respective Anchorage- and Fairbanks-area waterways nan statement tested. Under a measure that became rule this week, PFAS-containing firefighting foams that utilized to beryllium communal astatine airports will nary longer beryllium allowed successful Alaska. (Yereth Rosen/Alaska Beacon)

Alaska firefighting departments will person to extremity utilizing fire-suppression foams containing contaminants known arsenic “forever chemicals,” nether a rule that went into effect connected Monday.

The caller rule is nan merchandise of a bill, Senate Bill 67, that legislators passed nearly unanimously. It went into effect without Gov. Mike Dunleavy’s signature.

The caller rule targets Per- and Polyfluoroalkyl Substances, known arsenic PFAS. They person qualities making them resistant to fire, h2o and oil. They are linked to galore mediocre wellness effects, including developmental delays, compromised immune systems, reproductive problems and definite cancers according to nan Environmental Protection Agency and U.S. Centers for Disease Control and Prevention.

The compounds number successful nan thousands and person been wide utilized since nan mid-20th century successful a wide assortment of user and business products, including cookware, textiles, building materials, assemblage attraction products for illustration shampoo and dental floss and packing material. They person seeped into nan situation – successful h2o bodies, ungraded and nan aerial – and are recovered successful nan humor of group and animals astir nan world, according to nan EPA.

The number of PFAS compounds now exceeds 12,000, according to Alaska Community Action connected Toxics.

For Alaska and for overmuch of nan nation, nan biggest root of PFAS contamination successful nan situation is from business firefighting foams, mostly utilized astatine airports and subject bases. In nan past, nan Federal Aviation Administration required PFAS-containing foams to beryllium utilized astatine nan airports it certifies. That request was dropped successful 2021 at the direction of Congress. The FAA and U.S. Department of Defense have been moving connected transitions to firefighting foams without PFAS chemicals, immoderate of them still successful development.

In summation to mandating that Alaska occurrence departments move to non-PFAS foams, nan caller rule creates a strategy for mini agrarian villages to get free of nan PFAS-containing foams stored there. The villages are to be reimbursed by nan Department of Environmental Conservation for that work, nether nan law.

The caller PFAS rule is nan merchandise of years of activity by biology and wellness organizations, notably Alaska Community Action connected Toxics, which has conducted elaborate investigation connected contamination successful Alaska. The bill’s premier sponsor was Sen. Jesse Kiehl, D-Juneau, whose territory includes Gustavus, a mini organization wherever PFAS compounds created significant contamination of drinking h2o sources.

“We person worked for much than six years to walk this authorities pinch beardown support from affected communities passim Alaska, firefighters, and wellness professionals,” Pamela Miller, nan organization’s executive director, said successful a connection released by nan Senate’s bipartisan mostly caucus. 

“We commend Senator Kiehl, co-sponsors, and nan overwhelming bi-partisan support successful nan Legislature for nan bill. It is an important measurement toward protecting nan wellness of Alaskans from nan harm caused by these vulnerable chemicals.”

Although it had wide support, nan PFAS measure took an different way to becoming law.

The constituent of nan measure was approved by nan legislature past year, by a near-unanimous vote. At nan time, nan PFAS provisions were bundled successful a separate  House measure, House Bill 51, aimed astatine phasing retired nan usage of different type of chemical, hydrofluorocarbons, known arsenic HFCs. HFCs are utilized arsenic refrigerants, but they are potent greenhouse gases.

 Houses on nan Salmon River successful Gustavus are seen connected July 1, 2016. Gustavus, nan mini municipality that serves arsenic a gateway for visitors to Glacier Bay National Park and Preserve, is 1 of nan Alaska communities that contended pinch important PFAS contamination successful drinking-water sources. (Photo by K. Boomer/National Park Service)

Dunleavy past year vetoed the mixed PFAS-HFC bill.

During this year’s session, nan measure that yet passed was nan stand-alone type that Kiehl introduced successful 2023. That bill, which passed unanimously past twelvemonth successful nan Senate, was modified erstwhile it reached nan House Finance Committee this year. That modified type was what passed.

There was 1 important alteration made successful nan House Finance Committee, Kiehl said: a move from a instruction that nan authorities safely dispose of PFAS foams accumulated successful mini villages to nan caller process successful which nan villages will beryllium reimbursed for safe disposal. Money for that reimbursement was appropriated successful nan just-approved superior fund for nan existent fiscal year, he noted.

Another insignificant alteration tweaked a word, he said. Instead of mandating nan extremity to usage of PFAS-containing firefighting substances, nan caller rule uses nan connection “foam,” which addresses immoderate technological uncertainty astir really definite gases should beryllium classified, he said. However they are defined, those gases do not contaminate water, he said.

Jeff Turner, Dunleavy’s communications director, said he did not person immoderate accusation arsenic to why nan politician declined to motion nan bill. Kiehl said he had nary accusation connected that, either.

“That’s not thing he shared pinch me,” Kiehl said. “Ultimately, nan activity gets done, truthful I’ve sewage nary objection.”

To suffice for disposal reimbursement from nan state, villages seeking to get free of their accumulated PFAS-containing foams must person less than 2,000 residents and beryllium disconnected nan roadworthy system, according to nan law.

The Department of Environmental Conservation is preparing a website that will person accusation for villages connected some really to get free of their PFAS substances and really to taxable requests to to beryllium reimbursed for their costs, said Stephanie Buss, nan department’s contaminated sites programme manager.

“We should beryllium capable to commencement receiving reimbursement requests by Jan. 1,” she said.

There are successful galore options for safe collection, curen and disposal of PFAS materials, immoderate of them wrong Alaska and immoderate requiring shipment retired of state, she said.

There are immoderate exceptions to nan Jan. 1, 2025, prohibition connected PFAS foams. Fire crews astatine lipid facilities, wherever fires tin beryllium peculiarly explosive, will person much clip to shape successful replacement foams. Those sites will beryllium required to move to non-PFAS foams erstwhile they go disposable and are certified arsenic safe and effective by nan authorities occurrence marshal, nether a proviso successful nan caller law.