NYSAFC Addresses Concerns Regarding DEC Emergency Rule for Firefighting Foam
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By Jerry DeLuca
NYSAFC Executive Director
The New York State Department of Environmental Conservation issued a notice of Proposed Emergency Rule Making regarding the use of firefighting foam that may contain chemicals known as PFOAs. These rules are in part due to recent revelations regarding the presence of the potential cancer causing chemicals in drinking water in the Rensselaer County village of Hoosick Falls. As a result of these revelations, the state of New York issued the proposed regulations to reduce the potential for contamination of drinking water sources.
The impact of these proposed regulations is that fire departments must check their foam stocks for the presence of the chemicals listed by DEC. If the foam contains these chemicals, it cannot be used for training purposes, but may be used for firefighting until April of 2017. The regulations also require any fire department that uses this foam to notify DEC spill prevention if more than one pound of the chemical is used. The impact on the fire service is somewhat unclear, since most foam manufactured since 2004 does not contain PFOAs. Every fire department in the state has been notified by OFPC regarding the impact on the fire service.
Read more on this subject in last month’s NYSAFC Bugle.
NYSAFC Executive Director
The New York State Department of Environmental Conservation issued a notice of Proposed Emergency Rule Making regarding the use of firefighting foam that may contain chemicals known as PFOAs. These rules are in part due to recent revelations regarding the presence of the potential cancer causing chemicals in drinking water in the Rensselaer County village of Hoosick Falls. As a result of these revelations, the state of New York issued the proposed regulations to reduce the potential for contamination of drinking water sources.
The impact of these proposed regulations is that fire departments must check their foam stocks for the presence of the chemicals listed by DEC. If the foam contains these chemicals, it cannot be used for training purposes, but may be used for firefighting until April of 2017. The regulations also require any fire department that uses this foam to notify DEC spill prevention if more than one pound of the chemical is used. The impact on the fire service is somewhat unclear, since most foam manufactured since 2004 does not contain PFOAs. Every fire department in the state has been notified by OFPC regarding the impact on the fire service.
Read more on this subject in last month’s NYSAFC Bugle.
While it is unclear just how broad the impact of these regulations will be on the fire service, NYSAFC felt that it was important that DEC and the state of New York be made aware of the concerns of the fire service. NYSAFC submitted the following comments to DEC regarding the proposed rules.
On behalf of our nearly 11,000 members, the New York State Association of Fire Chiefs (NYSAFC) offers the following comments regarding proposed rule: 6 NYCRR Part 597.
The NYSAFC recognizes the significant potential impact of PFOAs on the environment and public health. We understand the desire of the state of New York to reduce these risks through the regulation and removal of products containing PFOAs and other potentially hazardous chemicals.
While acknowledging these facts and concerns, NYSAFC must raise objections to the proposed rule. NYSAFC has two significant concerns. They are the economic impacts and the reporting requirements.
NYSAFC is concerned about the potential economic and financial impact of this rule on fire departments, fire districts, and municipalities throughout the state. This rule will create a new unfunded mandate on the municipalities and fire districts that are already struggling to stay within the state mandated tax cap. This rule will require fire departments to inventory all existing stocks of firefighting foam to determine if any of their existing stock contains PFOAs or other named chemicals. The department will then have until April of 2017 to dispose of and replace any foam containing these chemicals. While the costs of disposing of and replacing this foam may not appear to be overwhelming, any new unanticipated costs will have an impact on the taxpayers and may force a fire department to not fund other priority needs.
If the state of New York is going to force fire districts, fire departments, and municipalities to dispose of existing stocks of firefighting foam, purchased in good faith for the purpose of public safety, the state should then reimburse these same entities for this mandated expense.
The second issue of concern to NYSAFC is the requirement to report the use of more than one pound of the noted chemicals. NYSAFC has several concerns with this reporting requirement.
First, it is unclear in reading the proposed rule if the requirement is to report the use of one pound of foam or one pound of the listed chemicals. If the requirement is to report the use of one pound of the chemicals in the foam, this may be nearly impossible. A fire chief is not likely to know the composition of the foam material being used to fight a fire. Unless you are aware of the percentage of each chemical, as well as its weight in the overall composition of the foam, it will be nearly impossible to know if you use one pound or less of the chemical.
Second, it is unclear from reading this proposed rule who will be responsible for the cost of the clean up of any foam used for fire extinguishment. It must be made explicitly clear that a fire department using foam to extinguish a fire and save lives and property must not be subject to the cost of any clean up. Should NYSAFC assume that these costs would be borne by property owners or their insurance providers? What if there is no insurance or the property is abandoned? A fire chief should not be placed in the position of having to worry if the department can afford the clean up costs of foam when he/she is making decisions about the best way to extinguish a fire.
New York State Association of Fire Chiefs Comments
Regarding Emergency Adoption and Proposed Rule: 6 NYCRR Part 597
Regarding Emergency Adoption and Proposed Rule: 6 NYCRR Part 597
Hazardous Substances Identification, Release Prohibition, and Release Reporting
On behalf of our nearly 11,000 members, the New York State Association of Fire Chiefs (NYSAFC) offers the following comments regarding proposed rule: 6 NYCRR Part 597.
The NYSAFC recognizes the significant potential impact of PFOAs on the environment and public health. We understand the desire of the state of New York to reduce these risks through the regulation and removal of products containing PFOAs and other potentially hazardous chemicals.
While acknowledging these facts and concerns, NYSAFC must raise objections to the proposed rule. NYSAFC has two significant concerns. They are the economic impacts and the reporting requirements.
NYSAFC is concerned about the potential economic and financial impact of this rule on fire departments, fire districts, and municipalities throughout the state. This rule will create a new unfunded mandate on the municipalities and fire districts that are already struggling to stay within the state mandated tax cap. This rule will require fire departments to inventory all existing stocks of firefighting foam to determine if any of their existing stock contains PFOAs or other named chemicals. The department will then have until April of 2017 to dispose of and replace any foam containing these chemicals. While the costs of disposing of and replacing this foam may not appear to be overwhelming, any new unanticipated costs will have an impact on the taxpayers and may force a fire department to not fund other priority needs.
If the state of New York is going to force fire districts, fire departments, and municipalities to dispose of existing stocks of firefighting foam, purchased in good faith for the purpose of public safety, the state should then reimburse these same entities for this mandated expense.
The second issue of concern to NYSAFC is the requirement to report the use of more than one pound of the noted chemicals. NYSAFC has several concerns with this reporting requirement.
First, it is unclear in reading the proposed rule if the requirement is to report the use of one pound of foam or one pound of the listed chemicals. If the requirement is to report the use of one pound of the chemicals in the foam, this may be nearly impossible. A fire chief is not likely to know the composition of the foam material being used to fight a fire. Unless you are aware of the percentage of each chemical, as well as its weight in the overall composition of the foam, it will be nearly impossible to know if you use one pound or less of the chemical.
Second, it is unclear from reading this proposed rule who will be responsible for the cost of the clean up of any foam used for fire extinguishment. It must be made explicitly clear that a fire department using foam to extinguish a fire and save lives and property must not be subject to the cost of any clean up. Should NYSAFC assume that these costs would be borne by property owners or their insurance providers? What if there is no insurance or the property is abandoned? A fire chief should not be placed in the position of having to worry if the department can afford the clean up costs of foam when he/she is making decisions about the best way to extinguish a fire.
NYSAFC understands the potential benefits of the proposed rule to public health and the environment; however, we believe that these issues must be addressed as part of the rule making process.
Respectfully submitted,
Jerry DeLuca
Executive Director and CEO
New York State Association of Fire Chiefs
