The VET PFAS Act, a safety net for veterans and their families in Alaska

Per- and poly-fluoroalkyl substances (PFAS) are life-saving chemicals that invisibly jeopardized the health of U.S. military firefighters for decades when the Department of National Defense endorsed them in the 1970s. They are the mere aqueous film-forming foam (AFFF) components that effectively extinguish fuel fires. In goodwill, the VET PFAS ACT was created to support U.S. veterans afflicted by these chemicals.

PFAS became increasingly popular during the 1950s and is still utilized in everyday products, from non-stick cookware to stain-resistant textiles and firefighting foams. They eventually expanded into firefighters’ turnout gear to protect them from fire incidents.

Its water-solubility increases human exposure through ingesting contaminated food and water, breathing soil and dust, and direct skin contact. Their widespread use in training and fire responses at military bases has released them into the environment, contaminating groundwater and drinking water and affecting thousands of communities. Forever chemicals are persistent because they do not naturally break down, accumulating in organisms and the environment.

The number of pending cases in the AFFF multidistrict litigation (MDL) is 9,576, and due to emerging PFAS health-related conditions, the number of filed cases is expected to increase. Unfortunately, settlements have not yet been reached for personal injury claims against PFAS manufacturers.

A case-control study compares the PFAS serum levels of 530 U.S. Air Force Servicemen with firefighting roles and 530 controls without PFAS potential exposure. PFAS serum levels were increased in those with historical firefighting involvement. Alarmingly, servicemen with increased PFOS concentrations are at risk for testicular germ cell tumors. Supporting this finding, The International Agency for Research on Cancer classifies PFAS subtypes, PFOA and PFOS, found in AFFF as carcinogenic to humans.

What is the Situation in Alaska?

The U.S. Environmental Protection Agency (EPA) manages PFAS initiatives in the country’s public drinking water system. The agency acknowledges that PFAS is potentially carcinogenic. It also determined that there are no acceptable safe levels of exposure to PFAS and reinforced stringent health advisory levels for PFOA and PFOS at 0.004 and 0.02 parts per trillion (ppt), respectively.

The Alaska Department of Environmental Conservation implements state-wide PFAS programs based on the EPA’s directives. The state’s contamination is due to AFFF use in fire departments and military bases. The Environmental Working Group developed a thematic map showing military bases with known or suspected PFAS discharges. It revealed heavy contamination at three military bases in Alaska.

The Galena Air Force Base (AFB) was established during World War II to intercept Soviet aircraft during the Cold War. The 152-acre base stopped operating in September 2008, but the PFOA and PFOS groundwater on-base levels are alarmingly high: 253,000 and 14,800 ppt, 63,250,000 and 740,000 times above the EPA’s new health advisory.

Eareckson AFB was created in 1943 to support against Japanese forces. It has been inactive since July 1994. Its PFOA and PFOS groundwater on-base levels exceeded the EPA’s new health advisory with 320 and 10,000 ppt, which is 80,000 and 500,000 times higher.

Fort Wainwright was established in 1949 and remains operational today. It tests aircraft under extreme arctic conditions. It houses 6,700 soldiers, 10,200 families, and 7,800 retirees. The PFOA and PFOS groundwater on-base levels are 1,200 and 3,300 ppt, 300,000 and 165,000 times over the EPA’s new health advisory.

In 2022, Alaska had 18,500 active-duty military personnel, 46.71% of whom were from the Air Force service. For fiscal year 2020, the state had 71,454 veterans. Another source says that there is over 29,406 military dependents. These numbers show that thousands of military families are potentially exposed to PFAS, and this number will increase to millions if the whole country is accounted for.

The VET PFAS ACT

U.S. veteran families can opt for health and disability claims through the Department of Veterans Affairs. Still, they must establish an in-service connection between PFAS exposure and their health conditions. The VET PFAS ACT presumes that PFAS-related health conditions are considered a service-connected disability. Eligibility for hospital care and medical services has extended to their families, including those in utero, who lived with them at military bases with known PFAS contamination. The presumption clause improves the claim process.

An astonishing $158,759 is needed to cover all cancer treatment phases alone. Veterans can have other aggravating health conditions that could increase their financial burdens, and the act provides a safety net that allows for reimbursement if qualifying individuals have exhausted all claim options for such care. 

The act is undeniably helpful for veterans, but the same priority should be given to addressing the root causes of PFAS environmental contamination. Funding of programs for clean-up and compensation claims can be redirected towards preventive public health initiatives, protecting those who aspire to become in the U.S. military, creating a healthier and sustainable community, and reducing PFAS future health support needs.

Jonathan Sharp is the Chief Financial Officer at Environmental Litigation Group, P.C. The law firm, headquartered in Birmingham, Alabama, assists military personnel injured due to toxic exposure during active duty.

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Rick G
17 days ago

Eareckson on Shemya Island is definitely not inactive. It is not an Air Force Base anymore but now an Air Station. There are other things going on out there too.