October 24, 2024
On October 22, the U.S. Environmental Protection Agency (EPA) announced its determination that the U.S. Air Force is in compliance with the Safe Drinking Water Act (SDWA) emergency order EPA issued on May 29, 2024 for per- and polyfluoroalkyl substances (PFAS) contamination in groundwater used to source drinking water for the City of Tucson.
On May 29, 2024, EPA issued a unilateral emergency order (Order) pursuant to SDWA section 1431 to the Air Force for PFAS emanating from Air Force Plant #44 and Morris Air National Guard (operated by the Arizona Air National Guard) and impacting Tucson’s drinking water supplies. The Order required Air Force to develop a PFAS Water Treatment Plan outlining a long-term PFAS treatment solution, and submit the plan to EPA for approval. The plan must include such content as plans for sampling and for addressing high PFAS concentrations.
EPA’s statement this week came after an October 21 letter from the Air Force outlining the actions it commits to take to address PFAS contamination at the site in question, the Tucson International Airport Area Superfund Site. The Air Force commits to: gather data to determine the scope of PFAS contamination; conduct pilot cleanup studies and take action, where appropriate; and cover past and future costs for PFAS treatment.
Leadership from all levels of government involved were quoted as praising the progress—EPA headquarters and Region 9, the Mayor of Tucson, and the Arizona Department of Environmental Quality. Air Force released its own statement highlighting the commitment.
The actions under this SDWA order are progressing concurrently with EPA oversight of similar investigations and potential cleanup action by the Tucson Airport Authority, which is another party likely responsible for PFAS contamination in the area. EPA and the Airport Authority entered into an agreement on September 20 to address the airport’s share of contamination.
Due to the PFAS detections in recent years, Tucson Water, the utility that serves drinking water to Tucson residents, has shut down impacted water supply wells. Water from impacted wells is not being served to the public, and no private well users have been identified as using PFAS-contaminated groundwater in south Tucson.
The SDWA order is one of many actions EPA has taken in recent years to address PFAS compounds. Under the Agency-wide PFAS Strategic Roadmap, released in 2021, and the enforcement office’s National Enforcement and Compliance Initiative, Addressing Exposure to PFAS, the Agency has prioritized taking action to better understand, prevent, mitigate, and clean up PFAS compounds and contamination, including by using available enforcement authorities. While the drinking water standards EPA established for certain PFAS in its April rulemaking are not enforceable for years to come, the Agency can presently avail itself of its emergency authority under SDWA to address contamination that poses an imminent and substantial endangerment to people’s health. With this authority, EPA took action to address the endangerment at Tucson and can continue to address such situations to protect public health.
EPA will continue to oversee Air Force’s compliance actions as much work remains to be done to ensure that PFAS contamination is properly addressed and suitable for consumption by the people of Tucson.