by Elizabeth Ahearn, Atlantic Chapter Conservation Staff
PFAS chemicals, including those found in aqueous film-forming foam (AFFF), have been widely used in firefighting applications because they are highly resistant to thermal destruction. Recently, in response to the overwhelming body of scientific research highlighting the toxicity of PFAS chemicals and their associated adverse health impacts, including cancer, liver disease and infertility, states have begun banning their use in firefighting foams. This is a major environmental and public health victory, but it also brings a new dilemma to light — what to do with the already existing large stockpiles of these toxic chemicals and, more importantly, how to mitigate what’s already seeped into the ground?
One suggested disposal method for PFAS waste is through incineration. Only a handful of hazardous waste incinerators nationwide burn AFFF, and there is no conclusive proof that incinerators can completely destroy all of the foam’s harmful, persistent chemical components. As documented in a July 2019 Environmental Protection Agency (EPA) technical brief,
Incomplete destruction of PFAS compounds can result in the formation of smaller PFAS products, or products of incomplete combustion, which may not have been researched and thus could be a potential chemical of concern. The effectiveness of incineration to destroy PFAS compounds . . . is not well understood. [1]
The Department of Defense (DOD), the nation’s largest user of firefighting foam containing PFAS, facilitated contracts to burn millions of gallons of its unused AFFF chemicals in incinerators across the country. However, DOD failed to conduct any environmental review before approving the incineration of its toxic “forever chemicals.” This decision ultimately placed the burden of pollution and harm to public health on incinerator communities, including one in New York’s Capital Region.
DOD contracted to incinerate firefighting foam containing PFAS at the Norlite lightweight aggregate facility in Cohoes, New York, approximately 8 miles from Albany. The activity began in 2018 and 2019 without clear guidance regarding safety from the EPA. Norlite, which is not considered a hazardous waste facility, has a poor history of complying with operating permits.[2] As this action was taken by DOD without proper review, people living in the community have been left vulnerable to a myriad of potential consequences.
In February 2020, a federal lawsuit, in which Sierra Club is a plaintiff, was brought against the DOD due to concerns regarding the safety and potential impact of incinerating PFAS chemicals.[3] The lawsuit, which is ongoing, alleges that DOD’s decision to authorize large-scale PFAS incineration without considering the health impacts is shortsighted and unlawful, in violation of the National Environmental Policy Act (NEPA) and the National Defense Authorization Act (NDAA).[4]
Now that most non-urgent legislative priorities have been set aside, New Yorkers are focused on emergency pandemic response, and racial and criminal justice reform. This issue has been identified as one that cannot and should not be sidelined. Earlier this year, the legislature unanimously passed S.7880B (Breslin)/A.9952B (McDonald), a bill that would prohibit the incineration of AFFF and associated perfluorocarbon components in certain cities. The bill now awaits the governor’s signature. The City of Cohoes also imposed a one-year moratorium on the incineration of AFFF.
On July 24, 2020, in response to overwhelming public concern regarding Norlite, DEC announced a new, comprehensive sampling initiative for communities surrounding the facility.[5] This soil and water sampling is to determine if contaminants are present in the communities surrounding the Norlite facility as a result of PFAS incineration and past practices of the facility. In addition to the sampling initiative, DEC recently announced that it will treat Norlite's pending Air Title V and Part 373 Hazardous Waste permit renewals as new permits, meaning they will require expanded review.[6]
DEC’s announcement that the agency will become more directly involved in supervising operations at the facility is a proactive step in the right direction. But regulatory action by DEC is not enough to protect Cohoes residents from the burning of toxic firefighting foam. Based on its actions and past involvement in dealing with Norlite, the DEC has failed to handle this situation adequately on numerous levels — for years. Norlite burned 2.4 million pounds of AFFF before conducting any stack tests or environmental monitoring to ensure that incineration was actually destroying these toxic chemicals. This occurred under the watchful eye of a full-time DEC monitor on site at the facility.
For two years, the clandestine arrangement between DOD and Norlite continued without public knowledge. The inner workings of this deal only became apparent in February 2020, as the result of a Freedom of Information request filed by environmental activists. Had this request not been filed, citizens would likely still have no knowledge of this insidious operation, even with the presence of a DEC employee on site. It is only through the Freedom of Information request that the lawsuit became possible.
DEC says there is a “national knowledge gap regarding the potential for thermal destruction of PFAS compounds” and it will collaborate with the Trump EPA to try to figure out how to do a test burn of toxic firefighting foam at incinerators.[7] DEC said the test burn would not be conducted at Norlite, but has not explicitly ruled out that future burning of AFFF could be allowed at Norlite if found to be safe by Trump’s anti-environment EPA.
New York needs to protect its residents now, rather than wait years for a verdict from the EPA that is potentially questionable. If signed by Governor Cuomo, S.7880B/A.9952B would provide such protection, permanently, and rule out the risk of DEC allowing future burning of this toxic material in Cohoes.
Harmful perfluorinated compounds, like PFOA and PFOS, the same chemicals that poisoned Hoosick Falls and Newburgh, are key ingredients in AFFF. New Yorkers living, working and recreating in close proximity to the Norlite facility, located in a state-designated environmental justice area, should not have to worry about their city being added to the list of New York’s poisoned locales. New York State must take every measure to avoid further tragic public health crises that have occurred as the result of these chemicals. Now is the time to prohibit the burning of these toxic “forever chemicals.” Forever.