The federal Department of Environmental Protection (EPA) sent a letter on September 26 directing the U.S. Navy to “take any and all actions necessary” to address the spill of toxic firefighting foam that occurred at the former Brunswick Naval Air Station in August.
On August 19, the fire suppression system in one of the hangars malfunctioned, releasing 1,450 gallons of aqueous film-forming foam (AFFF) mixed with 50,000 gallons of water.
This mixture filled the hangar and spilled out into an oil/water separator and one of the retention ponds, resulting in the largest accidental AFFF spill in Maine and the sixth largest in the U.S. over the past 30 years.
Samples taken from the site revealed that PFOS — a type of per- and polyfluoroalkyl substances [PFAS], or “forever chemical” — was contained in both the AFFF and AFFF mixture.
In September, Maine’s Congressional delegation reached out to Navy Secretary Carlos Del Toro urging cooperation on the clean-up effort in Brunswick.
“Our constituents are deeply concerned about the short and long-term health and environmental impacts of the this spill, as well as potential future incidents, since AFFF foam remains at the site,” wrote Sens. Susan Collins (R) and Angus (I), as well as Reps. Jared Golden (D) and Chellie Pingree (D).
At the close of the letter, the lawmakers ask for the Secretary’s “commitment to coordinating with federal, state, and local partners in providing assistance as the clean-up continues.”
The EPA explains in their recent letter that because “the Navy owns the land and improvements where Hangar 4 is located, the Navy retains the ultimate responsibility to address any past or current contamination within this property.”
In 1990, the Navy entered into a Federal Facilities Agreement (FFA) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to “address contamination and cleanup at the Brunswick Naval Air Station Superfund site in Brunswick.”
Although the Navy leased a “portion of the property” — including where Hangar 4 is located — to Midcoast Regional Redevelopment Authority (MRRA) in 2013, it is still their responsibility to address contamination issues.
“Therefore, EPA concludes that CERCLA, the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), and the NAS Brunswick FFA require the Navy to take any and all actions necessary to address the recent spill of AFFF at Hangar 4 and to ensure protection of human health and the environment,” the letter concludes.
Click Here to Read the Full Letter
According to the Portland Press Herald, Executive Director Kristine Logan said that she is still reviewing the contents of the letter and noted that the Navy had previously rejected her request to help pay for the clean using the funds it had previously set aside to remove the foam from Hangar 4.
The Navy reportedly had plans to remove the fire suppression system from this hangar — as well as from other facilities — just two weeks after the spill occurred.
The foam that spilled in August is typically used by firemen to combat high-intensity fuel fires at facilities like military bases, airports, and certain industrial plants. The substance works by forming a blanket-like film over the fire, preventing it from getting the oxygen it would need to continue burning.
While there are PFAS-free alternatives that have begun to be implemented, they are reportedly more expensive than AFFF due in part to the fact that a lot more of the substance is required to put out a fuel fire.
On April 16, Gov. Janet Mills (D) signed a bill into law that made a handful of changes to Maine’s first-of-their-kind regulations, requiring that PFAS be removed from the vast majority of products sold in the state by 2032.
For items such as cookware, cosmetics, and upholstered furniture, PFAS must be eliminated by 2026. By 2040, heating, cooling, and refrigeration equipment being offered for sale in Maine may no longer contain PFAS.
A number of products are explicitly exempted from these requirements, including federally-regulated medical products, motor vehicles, and firefighting foams.