NEW ACTIONS
DEC to further restrict incineration of firefighting foam at Norlite facility
COHOES, N.Y. » New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos announced new actions to further restrict the incineration of firefighting foam that contains PFAS compounds at the Norlite facility in Cohoes.
In a letter to Norlite, LLC, and its affiliate Tradebe Treatment and Recycling, LLC., DEC informed Norlite that it intends to consider the company’s forthcoming permit renewals as new permits requiring expanded review and that the company will be required to conduct expanded environmental justice outreach to provide the community with the opportunity to comment on the overall facility operations and potential environmental impacts.
DEC has also confirmed that Defense Logistics Agency’s Disposition Services has terminated the aqueous film-forming foam (AFFF) incineration contract with Tradebe.
“New York State is unwavering in our commitment to protect communities like the city of Cohoes from potential exposure to emerging contaminants and the actions announced today will ensure this community has the information and the tools necessary to assist DEC’s efforts to ensure
Norlite is a good neighbor,” Seggos said.
“While DEC and local leaders have stopped the incineration of PFAS materials at Norlite, and even with the recent termination of the federal contract, DEC is not letting up and is partnering with this community to refocus our attention on overall operations at this facility. By regarding Norlite’s permit renewals as new applications, and requiring this facility to expand and improve community engagement, DEC is ensuring a transparent process that prioritizes community participation to protect area residents and the environment,” Seggos added.
In a statement, Cohoes Mayor Bill Keeler applauded DEC’s actions to further restrict Norlite incineration of AFFF.
“Clearly contracts with the U. S. Department of Defense and others to incinerate AFFF firefighting foam containing PFAS chemicals at Norlite got out ahead of the science determining whether it was safe for our residents and the environment,” Keeler stated.
“Since first learning in February about the incineration of AFFF at Norlite, we have been asking for help to determine whether burning these PFAS socalled ‘ forever chemicals’ for two years in an urban area may have affected people’s health and the environment. Today’s announcement by the DEC gets us closer to finding those answers. We appreciate the DEC’s ongoing conversations with us, and their commitment to the scientific testing and stronger regulatory oversight announced [ Thursday],” Keeler continued.
“We also have made clear that Norlite must not be allowed to incinerate AFFF firefighting foam containing PFAS chemicals unless and until the science says it is safe. For that reason, we continue to urge Governor [Andrew] Cuomo to sign the [ Neil] Breslin/[John] McDonald bill,” Keeler added.
McDonald also commented on the actions taken by DEC.
“I am glad to see that the Department of Environmental Conservation has issued new guidance to further restrict the Norlite Facility in Cohoes from burning firefighting foam that contains PFAS. Additionally, it is comforting to know that the multiyear contract with the Department of Defense has been canceled,” McDonald stated.
“Norlite will now have to suspend all processing of AFFF materials until additional testing is conducted. Until a safe and effective method of AFFF disposal is found, we cannot continue this practice in our communities. It is critical that we have answers before activity is permitted. I will continue to fight for the constituents I represent to ensure their health and safety are protected,” McDonald continued.
“Even with these new measures in place, I continue to encourage the signing of legislation Senator Breslin and I championed to prohibit the incineration of firefighting foam in Cohoes that was passed by the legislature. This law would provide additional comfort and confidence to the public. I look forward to continuing to work DEC on this issue,” McDonald added.
DEC directed Norlite to cease thermal treatment and disposal of AFFF containing PFAS compounds after the facility temporarily suspended its operations at the end of 2019. Since that time, DEC has worked with local and state elected officials, including Keeler, to assess the potential impacts of Norlite’s past incineration of firefighting foam.
DEC secured an agreement with Norlite to suspend all processing of AFFF materials until additional testing is conducted to demonstrate that high temperature incineration is a safe and effective method of AFFF disposal.
The recent letter reiterates this directive and in addition, DEC has informed Norlite that the f uture incineration of any substances, including emerging contaminants, not previously addressed in their permits will trigger a requirement to seek a permit modification prior to processing in the facility.
New York State is also developing a sampling program in Cohoes to determine if surface soil and surface water contamination resulting from the incineration of PFAScontaining materials at Norlite is present. Earlier this spring, DEC and the state Department of Health ( DOH) conducted sampling of the Cohoes and Green Island municipal water supplies to determine if PFAS concentrations in water have changed over time.
This sampling confirmed that there have been no changes to these water supplies. DEC is now evaluating the next steps on additional soil and water sampling to further the state’s investigation out of an abundance of caution.
DEC has also confirmed that the Defense Logistics Agency terminated its disposal contract with Tradebe Treatment and Recycling, LLC, Norlite’s corporate affiliate. The U. S. Navy had previously advised it is not sending new shipments of AFFF to Norlite following DEC’s announcement that incineration of these compounds will not occur at the facility without further scientific review.
To advance the needed science to improve understanding of the potential for thermal destruction of PFAS compounds DEC continues to work with the U. S. Environmental Protection Agency’s Office of Research and Development and DOH to develop performance testing protocols and advance a detailed analysis of ongoing and proposed thermal treatment research in other parts of the country. No testing will take place at the Norlite facility.
For the past several years, DEC and its partners in federal, state, and municipal government have been working to address concerns and mitigate risks regarding the potential environmental and public health impacts of PFAS, including but not limited to perf luorooctane sulfonate ( PFOS) and perfluorooctanoic acid ( PFOA).
Among these efforts, DEC has prioritized the removal and appropriate treatment and disposal of Class B firefighting foam such as AFFF containing PFAS compounds in order to avoid potential impacts to groundwater, surface waters, and drinking water supplies.
New York has recently enacted a ban against the use of AFFF that contains PFOA or PFOS and has spent tens of millions of dollars to date on remediation projects across the state involving the improper disposal of legacy AFFF in order to ensure the protection of public health and the environment from the actual and potential threats posed by PFOA or PFOS.