Pentagon Granted Extended Use of PFAS Firefighting Foam in NDAA

The latest version of the National Defense Authorization Act (NDAA) has been negotiated to allow the Pentagon additional time to use firefighting foam containing per- and polyfluoroalkyl substances (PFAS), commonly referred to as "forever chemicals." This decision comes as lawmakers resolved differences between the House and Senate versions of the bill. The original 2020 NDAA mandated that the military cease purchasing PFAS-laden foam by 2023 and stop using it by 2024, with potential waivers extending usage through 2026. The newly negotiated NDAA permits the purchase of this foam until 2026 and, considering waivers, allows its use potentially until 2028.

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PFAS are notorious for their persistence in the environment, remaining intact for hundreds of years and posing significant cleanup challenges. Exposure to these chemicals has been linked to various health risks, including increased chances of prostate, kidney, and testicular cancers, as well as fertility and immune system issues. Military-grade firefighting foam has been a major source of PFAS contamination, particularly affecting communities near military bases.

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Jared Hayes, a senior policy analyst at the Environmental Working Group, expressed concern over the implications of the NDAA, stating, “It’s a pretty significant deal that the Department of Defense is now, once again, allowed to purchase a toxic product that they have been banned from buying for the past two years.” He highlighted the potential for expanded contamination in neighborhoods surrounding military installations.

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The NDAA also addresses the disposal of PFAS, a contentious issue. The Senate version aimed to repeal a moratorium on incinerating PFAS, a method that has sparked debate regarding its effectiveness and safety. The finalized bill allows the Defense Secretary to utilize cost-effective technologies for PFAS destruction, contingent upon approval from federal or state agencies.

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While the NDAA's provisions on PFAS have drawn criticism, there are aspects that some stakeholders view positively. Hayes noted that the bill includes measures to expedite cleanup efforts and prioritize them, as well as authorizing the deployment of advanced technologies for remediation. Additionally, it ensures that households affected by Department of Defense (DOD) and PFAS contamination receive access to clean water promptly.

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The Pentagon's extended use of PFAS firefighting foam has been met with mixed reactions from environmental advocates and lawmakers. Critics argue that the decision undermines previous commitments to phase out harmful chemicals, while proponents emphasize the need for a balanced approach that considers both military readiness and environmental health.

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• “It’s a pretty significant deal that the Department of Defense is now, once again, allowed to purchase a toxic product that they have been banned from buying for the past two years …” — Jared Hayes, Senior Policy Analyst, Environmental Working Group

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This legislation reflects ongoing tensions between military operational needs and environmental health considerations, highlighting the complexities involved in addressing PFAS contamination.

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