Colorado Politics

Bill outlawing firefighting foam with ‘forever chemicals’ passes Colorado Senate

A bill banning the use of certain kinds of firefighting foam containing “forever chemicals” that contaminated drinking water in southern El Paso County passed the Colorado Senate Tuesday night on a 34-1 vote.

House Bill 1279, which would outlaw the foam’s use for training and in firefighting equipment, was sponsored in the Senate by Democrat Pete Lee of Colorado Springs and Republican Dennis Hisey of Fountain.

The science on the issue is “out of our league” and the Legislature shouldn’t get involved, said Republican Sen. Owen Hill of Colorado Springs, the only senator to vote against the measure.

The amended bill now heads back to the House. One amendment includes an exemption for fuel storage and refinery facilities, but not at federal facilities. Another amendment allows for its use at the Johnson-Eisenhower Tunnel on I-70.

The bill would ban Class B firefighting foams that contain “intentionally added” per- and polyfluoroalkyl substances, also known as PFAS. Such chemicals were used for decades at Peterson Air Force Base in El Paso County and have been found in the Widefield aquifer, which serves Security, Widefield and Fountain, communities near the base.

The foam was sprayed on the ground and used for years in a firefighting training area that was flushed into the Colorado Springs Utilities treatment system, which was ill-equipped to remove the chemicals. The effluent ended up in Fountain Creek, which feeds the Widefield aquifer.

The Air Force has since replaced that foam with a new version that the military says is less toxic and more environmentally friendly, though it still contains perfluorinated chemicals.

Under the bill, fire departments would be banned from using such foam for training exercises beginning Aug. 2. A first offense would result in a $5,000 fine, with the fine rising to $10,000 for subsequent offenses. Firefighters’ protective gear would be barred from containing the chemicals.

The Colorado Professional Firefighters, in a statement issued Wednesday, said that for more than four decades, PFAS has been used in firefighting foam.

“PFAS are referred to as ‘forever chemicals,’ as they take nearly a century to disappear from the soil and groundwater where they accumulate,” according to association president. “The Colorado Professional Firefighters supports the complete eradication of these dangerous chemicals.”

Liz Rosenbaum, a founder of the Fountain Valley Clean Water Coalition, said, “Community members from the Fountain Valley area are feeling encouraged with the passing of HB 1279 because it will end the sale of PFAS in firefighting foams.”

“This is the critical first step in protecting Colorado drinking water supplies from pollution by these toxic ‘forever chemicals,'” she added.

The dome shaped tank in the center of this photo held water that contained an elevated level of perfluorinated compounds, a residual component of a firefighting foam historically used at the base for emergency response.
(Gazette file photo)
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