An Environmental Protection Authority (EPA) investigation has found stores of firefighting foams containing a banned chemical, PFOS (perfluorooctane sulfonate), across New Zealand.

At all sites where the banned foam was identified, including those which are not yet fully compliant, the foam has been secured within equipment, and secured against use. The foam is not accessible to the public and there is no public risk. It is appropriately labelled to warn workers of the hazards.

PFOS foams were excluded from the Firefighting Chemicals Group Standard in 2006, meaning they could no longer be imported into New Zealand. In 2011, all PFOS products were completely banned and strict controls were set to manage their storage and disposal.

The aim of our investigation was to discover whether PFOS-containing foams had been imported, manufactured, used, stored, or disposed of in New Zealand in contravention of Hazardous Substances and New Organisms Act 1996 (HSNO) requirements, and the extent of these activities. The EPA sought to ensure any non-compliant foam was removed and disposed of safely; that any places or equipment in contact with the foam were decontaminated, and that clean-up materials were appropriately disposed of.

Chief Executive Dr Allan Freeth says: “Our investigation covered 166 sites across the country. We were very surprised to find the banned foams at six airports; in equipment owned by two companies that service airports; at three sites controlled by a major oil company; in two tug boats; and at a tyre company.

“Firefighting foam with lower levels of PFOS was also found at some other sites. These lower levels likely resulted from contamination arising from previous use of PFOS foams.

“In all cases, operators have taken the EPA’s direction and complied with storage and labelling laws. Any ongoing risks to the environment have been mitigated.

“In all instances, our aim was to secure the best outcome by working with parties, either on a voluntary basis or via a compliance order, to ensure they took the necessary steps to decontaminate or dispose of the foam in line with technical standards.

“I want to stress that we found no intentional non-compliance. We concluded it was highly likely that all the banned foam we identified had been imported before 2006, when it was legal. There is, however, no excuse when businesses that are part of the professional firefighting sector do not keep up to date with law changes in their industry.

“Three compliance orders were issued early in the investigation to reflect the seriousness of the public and environmental issues arising from use of these foams. A later compliance order was served on an operator in response to its reluctance to take action.

“We consider that we have met the objectives of our investigation. While no prosecutions were undertaken, enforcement and compliance action has been successful. We remain vigilant and will take very seriously any circumstances where we might find banned foam being used or stored illegally in the future.

“This investigation was a first for the EPA. Changes to HSNO Act, which came into force on 1 December 2017, gave us new enforcement powers which allowed us to take action on non-compliance. We initiated this independent investigation 19 days later.

“Because of the protracted nature around safe disposal of the banned foam, we cannot yet verify that full compliance with legal requirements has been achieved in all cases. However, substantial progress has been achieved, and EPA investigators will continue to work towards ensuring that all PFOS foams are safely removed and disposed of, eliminating the threat of any future contamination of the New Zealand environment.”

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