For almost a century now, perfluoroalkyl and poly-fluoroalkyl (PFAS) substances have extensively polluted the environment, causing dire health and economic consequences.
Notably, these chemicals are extremely hard to replace despite remediation efforts and legislation. Developed in the 1940s, P
FAS are now an essential part of firefighting materials. These include firefighting gear and aqueous film-forming foams (AFFFs), used to put out chemical fires with a rapid-spread potential. Many consumer products, including furniture, stain-resistant carpets, and nonstick cookware, also contain PFAS because of their properties, which make them highly durable, water-repellent, and resistant to grease and stains.
For the past two decades, substantial evidence indicates that PFAS are linked with serious health problems, including cancers and autoimmune disorders. As firefighters are exposed to these chemicals daily, the rates of these health conditions among these groups far exceed those in the general population. Research efforts into the development of alternative materials did result in some progress. Still, significant challenges remain in finding suitable replacements that offer the same performance benefits without the associated health and environmental risks.
To speed research efforts, the PFAS Alternatives Act 2023 proposes creating a $25 million fund for research and testing of PFAS-free turnout gear and another $2 million yearly for firefighter training programs focused on PFAS exposure risks and alternative technologies. These measures are intended to protect firefighters who face prolonged exposure to PFAS through their gear, increasing their risk of cancer and other severe health conditions.
However, despite growing awareness of these dangers, the bill has yet to be enacted, leaving many first responders without immediate access to safer equipment. Furthermore, with only two U.S. states having entirely banned PFAS-based firefighting gear, regulatory progress remains slow, reinforcing the urgent need for both legislative action and industry-led innovation in developing effective, non-toxic alternatives.
Combating PFAS in Connecticut
Almost 700 sites in Connecticut are contaminated with PFAS. These regions are directly affected either by corporate negligence polluting water sources with PFAS or by military activities using AFFF for fire drill exercises. Given the extent of the contamination in this state, legislative action against PFAS is a focal point.
In 2019, the PFAS Action Plan was developed as a blueprint for future action to minimize exposure to PFAS, limit future contamination, and identify and clean up contaminated areas. In this plan, PFAS limits in drinking water were established, yet these limits are generally higher than those accepted by the Environmental Protection Agency (EPA). However, by 2027, EPA’s PFAS limits in drinking water will become enforceable across all states.
In Connecticut, Public Act No. 24-59 (Substitute Senate Bill No. 292), enacted in June 2024, represents a significant step forward in banning PFAS. This single Act introduces several PFAS regulations aimed at minimizing exposure and contamination. Firstly, Connecticut banned the sale of biosolids, i.e., wastewater sludge, to be used as fertilizers since October 1, 2024. Across America, the commercialization of these fertilizers resulted in widespread PFAS contamination of farmland, as wastewater contains PFAS.
However, the situation may be more difficult in Connecticut, as an incident taking place in 2019 caused the release of 50,000 gallons of AFFF into the municipal sewer system and subsequently discharged into the Farmington River. Any commercialization of wastewater sludge as fertilizers would thus result in contamination of farmland.
Concomitantly, starting with January 1, 2026, manufacturers or retailers must notify consumers if firefighting turnout gear contains intentionally added PFAS, explaining the purpose of these chemicals. As it can be observed here, this is not a right-out ban on firefighting gear containing PFAS but instead forces companies manufacturing these products to notify consumers of PFAS content. The same principle applies to consumer products, including outdoor apparel, cosmetics, etc. Finally, by January 1, 2028, the manufacture, sale, or distribution of consumer and safety items containing intentionally added PFAS will be prohibited in Connecticut.
As it can be observed from enacted and future legislation in this state, some PFAS are replaceable, while for others more maneuver space is allowed in the absence of alternatives. To date, it is unclear whether the funds proposed by the PFAS Alternatives Act are sufficient to create firefighting gear and foams free from PFAS.
In the meantime, it must be considered that while deadlines for the use of PFAS are closing in, this act has not yet been made into enforceable legislation. In this context, alternatives may be more likely to be developed through private enterprise efforts, as more and more firefighting institutions will opt for gear and foams with PFAS alternatives.
Jonathan Sharp is the CFO of Environmental Litigation Group, P.C., based in Birmingham, Alabama.
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