US Air Force Backpedals Claim it is Not Responsible for PFAS Cleanup in Arizona

By: The Guardian

Nov 11, 2024

The U.S. Air Force has reversed its earlier position that the Supreme Court’s recent decision to overturn the Chevron doctrine shielded it from complying with an Environmental Protection Agency (EPA) order to address PFAS contamination in Tucson, Arizona. Initially, the Air Force argued in a July letter that the EPA’s directives were invalid under the new legal interpretation, refusing to act on pollution cleanup at military sites affecting water supplies for over 500,000 residents. However, in an October letter, the Air Force shifted course, agreeing to fund part of the construction and operation of treatment plants to address high PFAS levels in Tucson’s water.

This reversal comes amidst growing concern over the EPA's authority following the Supreme Court’s Chevron decision, which limits regulatory agencies' power by granting judges the final say on ambiguous legal interpretations. Legal experts doubted the Air Force’s Chevron-based defense would hold up in court, noting the ruling does not impact enforcement actions like those involving the Tucson site. The new agreement among the EPA, the Air Force, and Tucson officials ensures funding for filtration systems while continuing to investigate the extent of the Air Force’s responsibility for pollution. The agreement requires the Air Force to pay 50% of past and future cleanup costs, with adjustments based on the final assessment of liability.

The area near Tucson International Airport, designated as a Superfund site in the 1980s, has long struggled with contamination from volatile organic compounds and PFAS, partly due to military and municipal use of firefighting foam. While existing filtration systems have mitigated some pollution, they were not designed to handle PFAS, posing risks to Tucson’s water supply. The Air Force’s renewed commitment is seen as a positive step, though the case highlights the potential for polluters to exploit regulatory rollbacks, underscoring the stakes for environmental protection and public health.

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