Airport Alert: House Passes Modified PFAS Bill That Includes Airport Liability Exemption

 

The House today passed an updated version of a bill to regulate PFAS that includes a liability exemption for airports that are required by federal regulation to use firefighting foam that contains so-called "forever chemicals." Lawmakers passed the bill on a vote of 247 to 159 after considering nearly two dozen amendments over the past two days. Despite House passage of the bill today, the measure is highly unlikely to progress further due to strong opposition in the Senate and at the White House.

 

The PFAS Action Act (H.R. 535) would require EPA to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous materials under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) within one year. The bill would also call on the agency to consider designating other PFAS as hazardous materials within five years.

 

The House Rules Committee, during consideration of the measure earlier this week, adopted a manager's amendment from House Energy and Commerce Committee Chairman Frank Pallone (D-NJ) to add CERCLA liability protection for airports. AAAE worked closely with committee leaders to include an airport liability exemption in the bill. With PFAS-related issues remaining in the spotlight in Washington, we will remain engaged on Capitol Hill and with policymakers to make the point that airports should not be held liable since they are required by federal regulation to use firefighting foam that contains PFAS and have no approved alternatives.

 

 

During debate last night, Rep. Debbie Dingell (D-MI), who introduced H.R. 535 and sponsored the CERCLA provision in the House-passed defense authorization bill last year, pointed to the airport liability exemption as a key aspect of the PFAS Action Act.

 

Dingell urged her colleagues to defeat an amendment offered by Rep. Michael Burgess (R-TX) that would have removed the section of the bill that directs the EPA to designate PFAS as hazardous substances under CERCLA. That section also includes the airport liability exemption, which Dingell said should stay in the bill.

 

"The only change this bill makes in how Superfund operates is a limited exemption for federally required use of PFAS at airports," Dingell said. She continued, "If this amendment were adopted, airports would lose that exemption. And if EPA eventually moves forward with listing PFOA and PFAS, as they have committed to do, EPA is not authorized to exempt airports. Only Congress can do that. So the airports need this amendment defeated, and they need this bill enacted." Lawmakers defeated the amendment on a vote of 161 to 247.

 

 

During consideration of the PFAS Action Act on Thursday evening and Friday, the House approved the following amendments, all of which were adopted on a voice vote:

 

Building Code Inspectors/Fire Marshalls: Lawmakers approved a bipartisan amendment from Reps. Rob Woodall (R-GA) and Mark DeSaulnier (D-CA) to ensure that FAA, state and local building code inspectors and fire marshals are at the guidance-making table. "This will result in a broader collaborative dialogue that includes the risks posed by the use of foam suppression systems in aviation hangars," according to a summary of the amendment.

 

Firefighting Foam Alternatives: The House adopted an amendment from Rep. Elissa Slotkin (D-MI) to require EPA, in consultation with other relevant government agencies, to report to Congress on efforts to identify viable alternatives to firefighting foam and other related equipment containing PFAS.

 

Clean Air Act Designation: Lawmakers approved a bipartisan amendment to require the EPA, within 180 days, to issue a final rule listing PFOS and PFOA as hazardous air pollutants under the Clean Air Act. The proposal would also ensure that EPA has access to the needed science before making regulatory decisions on other PFAS chemicals to harmonize with other CERCLA provisions in the legislation, according to an amendment summary.

 

EPA Communications: House members adopted an amendment offered by Rep. Anthony Brown (D-MD) to require the EPA to develop a national risk-communication strategy to inform the public about the hazards of PFAS.

EPA Study: The House approved an amendment from Rep. Andy Levin (D-MI) to require, within five years, a study of EPA actions under CERCLA to clean up PFAS contamination sites.

 

Infrastructure Grant Program: Lawmakers approved an amendment from Rep. Cindy Axne (D-IA) to authorize the PFAS Infrastructure Grant Program for an additional three years.