SLO County sues manufacturers of flame-retardent foam used at SLO Airport Thursday

SAN LUIS OBISPO COUNTY, Calif. – The County of San Luis Obispo filed a lawsuit Thursday seeking damages and injunctive relief against manufacturers of a fire-retardant foam used at the San Luis Obispo County Regional Airport after elevated levels of PFAS were detected at or near county-operated facilities.

While elevated levels of per- and poly-fluoroalkyl substances (PFAS) have been detected, the County of San Luis Obispo details that "supplied water continues to meet both federal and state water quality standards and is safe for customers to consume".

The lawsuit was filed in the United States District Court for the District of South Carolina after that venue was designated by the Judicial Panel on Multidistrict Litigation to handle Aqueous Film Forming Foam (AFFF) cases from across the country.

AFFF is a fire-retardant foam uniquely used for highly flammable fuel-based fires and is required for use at the San Luis Obispo County Regional Airport by the Federal Aviation Administration detail the County of San Luis Obispo in a press release about the lawsuit.

In response to your News Channel's inquiries the Federal Aviation Administration issued the following statement after explaining the federal agency does not comment on ongoing litigation:

The FAA notified airports on Sept. 13, 2023, that PFAS-free firefighting foams are now available. In May, 2023, the FAA published a transition plan for airports to use if they decide to change over to the new foam when it became available. Airports can use both types of foam until they can fully transition to the PFAS-free product. The FAA continues to recommend that they use foam with PFAS only during an actual emergency. We encourage airport operators to follow state and local requirements for containing and cleaning up discharged firefighting foam.

In 2023, the County of San Luis Obispo, the California Department of Forestry and Fire Protection (CAL Fire), and the Central Coast Regional Water Quality Control Board entered into a Voluntary Cleanup and Abatement Agreement in response to the detection of PFAS in soil and groundwater both at the San Luis Obispo Regional Airport and at adjacent properties.

According to the Central Coast Regional Water Quality Control Board, the agreement stipulated that the County of San Luis Obispo and CAL Fire would be required to do the following:

• Immediately provide point-of-use treatment systems to locations where primary drinking water exceeds a PFAS Standard for Airport-related PFAS
• Evaluate the effectiveness of, plan for, and implement point-of-entry treatment for those locations within 12 months
• Evaluate and plan for long-term water supply solutions
• Develop a Public Participation Plan
• Continue to investigate and develop remediation feasibility studies and remedial action plans, and implement those remediation plans where feasible
• Submit a human health risk assessment for groundwater, supply wells, and post-treatment system monitoring

Except for delays in getting water filtration systems installed at a few industrial locations, both the County of San Luis Obispo and CAL Fire have met their obligations under the agreement on schedule report the Central Coast Regional Water Quality Control Board.

San Luis Obispo County filed suit against manufacturers of both AFFF and the PFAS, a necessary component in the flame-retardent foam alleging that the manufacturers knew or should have known that PFAS are stable in the environment, resistant to degradation, persistent in soil, known to leach into groundwater, and pose a persistent threat to human health.

The complaint alleges that those manufacturers defectively designed their respective products, marketed them knowing the risk they pose to people and the environment, as well as failed to inform the County of San Luis Obispo about those dangers.

Defendants named in the lawsuit are listed below:

• 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING CO.)
• AGC CHEMICALS AMERICAS, INC.
• AMEREX CORPORATION
• ARCHROMA U.S., INC.
• ARKEMA INC.
• BASF CORPORATION
• BUCKEYE FIRE EQUIPMENT COMPANY
• CARRIER GLOBAL CORPORATION
• CHEMDESIGN PRODUCTS INC.
• CHEMGUARD, INC.
• CLARIANT CORPORATION.
• DAIKIN AMERICA, INC.
• DEEPWATER CHEMICALS, INC.
• DYNAX CORPORATION.
• E.I. DU PONT DE NEMOURS AND COMPANY.
• NATIONAL FOAM, INC.
• RAYTHEON TECHNOLOGIES CORPORATION n/k/a
• RTX CORP (f/k/a United Technologies Corporation)
• THE CHEMOURS COMPANY
• THE CHEMOURS COMPANY FC, LLC
• TYCO FIRE PRODUCTS L.P. Successor-In-Interest to the ANSUL COMPANY.
• UTC FIRE & SECURITY AMERICAS CORP. INC. n/k/a
• CARRIER FIRE & SECURITY AMERICAS CORP.

The San Luis Obispo County Regional Airport is not the only area airport that entered into negotiations with the Central Coast Regional Water Quality Control Board concerning the use of AFFF.

The Santa Maria Public Airport District and the City of Santa Barbara Airport Department both entered into separate responses over detected PFAS tied to the use of AFFF.

The Santa Maria Public Airport complied with an initial order to submit a technical report on the presence of PFAS in June of 2020.

Positive results for PFAS were detected in soil, surface water, and groundwater samples and the next report on the current phase of their investigation is due for submission on Feb. 29, 2024 detail the Central Coast Regional Water Quality Control Board.

An initial technical report on the presence of PFAS was submitted by the City of Santa Barbara Airport Department in March of 2020 and the latest update was submitted in July of 2023.

An acute use of AFFF was used during an emergency response for a crash-landing by a C-130 aircraft at the Santa Barbara Municipal Airport on Aug. 25, 2019.

Soil with PFAS impact was excavated and disposed of and groundwater monitoring is still conducted concerning that incident explain the Central Coast Regional Water Quality Control Board.