Sharp: New PFAS act is map to safer firefighting
Jonathan Sharp is the chief financial officer of the Environmental Litigation Group, a law firm in Birmingham, Alabama, that assists victims and their families in pursuing environmental toxic exposure cases.
Firefighters serve as the first line of defense against emergencies. However, the very equipment they rely on to protect communities often poses a silent and insidious danger to their health. While braving the flames, first responders are unknowingly exposed to toxic perfluoroalkyl and polyfluoroalkyl substances found in firefighting foams and turnout gear. Sadly, these chemicals persist in the environment and the human body, and are associated with severe health risks.
The new Protecting Firefighters and Advancing State-of-the-Art Alternatives Act (PFAS Alternatives Act) presents a practical approach to protect firefighters and prevent further exposure to these harmful chemicals, a much-needed roadmap for safer firefighting.
PFAS and devastating implications
PFAS, or “forever chemicals,” are a family of synthetic chemicals prized for their water- and heat-resistant properties. Such attributes make the substances an essential component in firefighting equipment, such as in aqueous film-forming foams and turnout gear, which help firefighters control high-intensity blazes while staying protected. Unfortunately, PFAS do not degrade naturally and instead seep into the environment, contaminate soil and water supplies, and enter the bloodstream of those exposed.
The Environmental Protection Agency earlier declared that there is no safe level of exposure to PFAS. As such, the public is warned of the substances’ carcinogenic potential and long-term health consequences, such as decreased fertility, immune system dysfunction, increased cholesterol levels and many forms of cancer.
Adverse impact of PFAS on Delaware
The harmful effects of PFAS are now becoming widely recognized. Yet the crisis it has caused has already impacted numerous states, including Delaware. The state’s firefighting community — comprised of 59 registered fire departments — is an essential pillar of its emergency response system. First responders depend heavily on protective clothing and firefighting foams to manage high-risk situations, but these vital tools often contain PFAS that pose health threats.
A 2022 report conducted by the Centers for Disease Control and Prevention revealed that residents near the New Castle Air National Guard Base have alarmingly elevated PFAS levels in their blood, which far exceeded national averages. Accordingly, this stemmed from decades of using PFAS-laden firefighting foam during training exercises at the base. A similar incident also occurred in some wells near Dover Air Force Base.
Further, Delaware’s water supplies have appeared to be another casualty of PFAS contamination. Testing by the state’s Department of Natural Resources and Environmental Control has identified numerous sites with PFAS levels surpassing state and federal recommended thresholds. Efforts to remediate these areas are underway, but the process can take some time; thus, communities are left vulnerable in the interim.
As the problem deepens, efforts to hold those responsible have gained momentum. In fact, the cases regarding aqueous film-forming foams on a multidistrict litigation docket have surged to 10,934, as 1,000 new lawsuits were filed in July and August 2023, and seven more large ones were logged just in October 2024. Several municipalities have secured compensation from chemical manufacturers like 3M and DuPont, while many are still fighting their legal battles.
This issue underscores the disparity in how PFAS exposure affects different populations. While civilians are jeopardized through polluted water sources, firefighters using PFAS-containing foams and turnout gear frequently bear a disproportionate burden due to direct and repeated contact. Such challenges urgently call for intervention to safeguard the well-being of first responders in Delaware and the entire country.
PFAS Alternatives Act is a lifeline
A recently proposed measure provides a clear path toward addressing the dangers posed by PFAS to firefighters. On July 20, 2023, Congressman Brian Fitzpatrick, R-Pa., and some other representatives introduced the PFAS Alternatives Act to ensure the health of firefighters. With $25 million in annual funding, the bill seeks to phase out hazardous substances from protective gear through research and development of safer and nontoxic alternatives.
The act goes beyond just material research. It also apportions $2 million yearly to support training programs that ensure firefighters know how to handle their equipment safely to mitigate their exposure to harmful chemicals. Further, the administrator of the U.S. Fire Administration of the Federal Emergency Management Agency is mandated to disclose the progress made two years after the ratification of the law.
Essentially, the PFAS Alternatives Act offers more than just a legislative solution — it is a lifeline for firefighters and communities that have borne the brunt of PFAS contamination. As the consequences of exposure become more apparent, this legislation marks a turning point in the fight to protect those who risk their lives every day. The time for action is now — delaying further is no longer an option. The health of firefighters and the safety of our communities rely on it.
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
