The Week Ahead in Aviation: House to Consider PFAS Legislation to Start Busy 2020
January 3, 2020
Congress will hit the ground running next week to kick off what is shaping up to be a very eventful 2020 in Washington. The House will vote on legislation that would designate chemicals in firefighting foam as hazardous materials under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), continuing a focus on an issue that drew significant attention on Capitol Hill in 2019. The Senate, meanwhile, is gearing up for a high-profile impeachment trial that could last for much or all of January. And throughout the year, the 2020 presidential and congressional elections will loom large over policy debates on the Hill and at the White House.
H.R. 535, PFAS Action Act
The House is scheduled next week to consider the PFAS Action Act of 2019 (H.R. 535), which would require EPA to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous materials within one year. The bill would also call on the agency to consider designating other PFAS as hazardous materials within five years. The House Energy and Commerce Committee modified the measure before approving it in November 2019.
House Democrats vowed to bring the PFAS Action Act to a floor vote in early 2020 after a final defense authorization bill enacted late last year omitted a controversial provision to have PFAS declared a hazardous substance under CERCLA. That provision could have created liability issues for airports since they are required by federal regulation to use firefighting foam that contains PFAS and have no alternatives.
AAAE urged lawmakers to reject the House-passed CERCLA language in the defense bill. As part of our Capitol Hill outreach, AAAE President and CEO Todd Hauptli sent letters to conferees and other key lawmakers expressing our opposition to the proposal.
We are actively engaged now with key House committees to try and ensure that H.R. 535 acknowledges the unique situation airports are in with regard to the use of firefighting foam and addresses potential liability concerns and other issues. Stay tuned for further updates and potential calls to action.
Looking at the other side of the Capitol, the outlook for PFAS-related legislation is much different. The Republican-controlled Senate is highly unlikely to consider stand-alone PFAS legislation. Senate Environment and Public Works Committee Chairman John Barrasso (R-WY) and other key Senate GOP leaders remain strongly opposed to House Democratic efforts regarding PFAS.
AAAE will remain engaged on Capitol Hill to voice concerns with efforts to have PFAS declared a hazardous substance without providing a liability exemption for airports. We also will continue to urge the FAA to identify fluorine-free firefighting foam alternatives as quickly as possible.
Please contact Adam if you have any questions or need additional information. Happy new year!
Congress will hit the ground running next week to kick off what is shaping up to be a very eventful 2020 in Washington. The House will vote on legislation that would designate chemicals in firefighting foam as hazardous materials under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), continuing a focus on an issue that drew significant attention on Capitol Hill in 2019. The Senate, meanwhile, is gearing up for a high-profile impeachment trial that could last for much or all of January. And throughout the year, the 2020 presidential and congressional elections will loom large over policy debates on the Hill and at the White House.
H.R. 535, PFAS Action Act
The House is scheduled next week to consider the PFAS Action Act of 2019 (H.R. 535), which would require EPA to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous materials within one year. The bill would also call on the agency to consider designating other PFAS as hazardous materials within five years. The House Energy and Commerce Committee modified the measure before approving it in November 2019.
House Democrats vowed to bring the PFAS Action Act to a floor vote in early 2020 after a final defense authorization bill enacted late last year omitted a controversial provision to have PFAS declared a hazardous substance under CERCLA. That provision could have created liability issues for airports since they are required by federal regulation to use firefighting foam that contains PFAS and have no alternatives.
AAAE urged lawmakers to reject the House-passed CERCLA language in the defense bill. As part of our Capitol Hill outreach, AAAE President and CEO Todd Hauptli sent letters to conferees and other key lawmakers expressing our opposition to the proposal.
We are actively engaged now with key House committees to try and ensure that H.R. 535 acknowledges the unique situation airports are in with regard to the use of firefighting foam and addresses potential liability concerns and other issues. Stay tuned for further updates and potential calls to action.
Looking at the other side of the Capitol, the outlook for PFAS-related legislation is much different. The Republican-controlled Senate is highly unlikely to consider stand-alone PFAS legislation. Senate Environment and Public Works Committee Chairman John Barrasso (R-WY) and other key Senate GOP leaders remain strongly opposed to House Democratic efforts regarding PFAS.
AAAE will remain engaged on Capitol Hill to voice concerns with efforts to have PFAS declared a hazardous substance without providing a liability exemption for airports. We also will continue to urge the FAA to identify fluorine-free firefighting foam alternatives as quickly as possible.
Please contact Adam if you have any questions or need additional information. Happy new year!
