Understanding the US DoD's prohibition of AFFF incineration and your disposal responsibilities

There is currently a lot of uncertainty surrounding appropriate disposal options for Aqueous Film Forming Foam (AFFF)—a fire suppressant commonly used in automated fire suppression systems and used by firefighters and military personnel to fight fires. Not so long ago, disposal of AFFF waste via incineration was thought to be a best management practice, with many AFFF waste generators prohibiting disposal of AFFF waste by any other means. However, industry standards are changing, and keeping up with and staying ahead of alternative disposal options can save you money and from future liabilities. 

AFFF is a decades-long, relied-upon approach to extinguish fires. It also contains Per- and Polyfluoroalkyl Substances (PFAS) – a group of chemicals negatively harming the environment and are linked to cancers, weakened immune systems and a wide range of health problems in people. Companies and governments have a responsibility to properly dispose of AFFF that contains PFAS.

In a recent memo, the United States Department of Defense (DoD) announced that the National Defense Authorization Act (NDAA) now prohibits the incineration of DoD PFAS materials. This memo from the DoD not only eliminates incineration as an effective disposal method, but the directive also sets a new standard and expectation for others around the country.

Incineration of AFFF waste was a common method used to dispose of AFFF due to concerns for future liability of landfill disposal. However, the DoD does not believe sufficient information is available to demonstrate the PFAS are fully destroyed through incineration. Additionally, there has been some evidence that PFAS compounds have the potential to be emitted into the air during the incineration process.  The potential future liability associated with aerial deposition of PFAS on the ground surface from incineration could be similar to the cleanup associated with smelter stack discharges.    

PFAS waste management liabilities can be reduced by considering the DoD incineration ban.

Hazardous waste incinerators have become a convenient, though costly, option for many who manage AFFF waste. Because hazardous waste incinerators are regulated and permitted, they were an obvious choice for many. The DoD memo challenges this notion and suggests incineration does not meet the standard of care necessary for managing PFAS wastes. Additionally, there is much less incineration capacity in the US and Canada versus hazardous waste landfill.

The DoD has been managing AFFF and wastes containing PFAS using a variety of methods. Most recently moving towards disposal at hazardous waste landfills. GHD recently completed an AFFF removal project for the Army National Guard (ARNG), removing AFFF from 13, 30-gallon portable AFFF fire extinguishers. The ARNG was required to maintain control of the AFFF.  By understanding waste management regulations and options we were able to sufficiently rinse AFFF from the fire extinguishers and transport the empty fire extinguishers to a reliable metal recycling facility without the need for Department of Transportation (DOT) placards, preventing landfill disposal and saving our client significant money.

As Federal and state regulations are promulgated the requirements for wastes containing PFAS constituents will become clear. Knowledge of PFAS and health concerns are widely known, and waste disposal and materials risk management decisions will need to achieve the standard of care associated with similar wastes. Being creative and considering long-term cost savings through waste reduction strategies and recycling options can reduce liabilities.  

Although PFAS wastes are not currently regulated as hazardous waste under the Resource Conservation and Recovery Act (RCRA), managing and disposing of PFAS waste at a permitted hazardous waste disposal facility significantly reduces the long-term waste management liability of AFFF and other wastes containing PFAS.