Airport Alert: Senate Committee Advances the Preventing PFAS Runoff at Airports Act
March 22, 2022
The Senate Commerce Committee met March 22 to mark up several pieces of legislation, including S. 3662, the Preventing PFAS Runoff at Airports Act, sponsored by Senator Gary Peters (D-MI) and a bipartisan group of senators. The bill was favorably reported out of committee by voice vote. It will now advance to the full Senate for consideration at some point in the future.
The Preventing PFAS Runoff at Airports Act would temporarily increase the AIP federal cost share to 100 percent for in-line proportioner (input-based) testing systems, which eliminate the need for AFFF to be discharged onto the ground or into a collection and containment vessel. It would also direct the FAA to identify options for reimbursing airports that already acquired these devices without federal funding. The bill was modified by an amendment introduced by Senator Mike Lee (R-UT), which would sunset the increased federal cost share after five years.
In 2019, FAA allowed for the use of input-based testing equipment during FAA safety inspections in response to requests from airport operators for an alternative to output-based testing. Since this time, FAA has made this equipment AIP-eligible and has recommended that airports use an input-based testing system to satisfy Part 139 testing requirements while minimizing possible environmental impacts.
AAAE, ACI-NA, several Michigan airports, and a number of other groups have expressed support for the legislation. 'Environmental stewardship is a top priority for airport executives, and AAAE appreciates this bipartisan effort to enhance the federal government's support for airports to safely test aqueous film forming foam (AFFF),' AAAE President and CEO Todd Hauptli said. 'While airports eagerly await federal approval of PFAS-free foam and significant long-term federal support to transition from FAA-mandated AFFF, this legislation is a positive step forward that merits support. We are grateful to Senator Peters and his colleagues for continued leadership on this important issue.'
AAAE continues to impress on lawmakers the need for the federal government to fully address and remediate any impacts stemming from FAA's decades-long mandate to use AFFF at airports. This past summer, AAAE established a PFAS Coalition, consisting of airport and industry experts, which is actively working to assess and estimate the financial impacts on the airport industry. AAAE recently sent airport directors an anonymous and confidential survey developed by the Coalition that will be integral to this initiative and evaluating industry impacts. We received strong participation and are in the process of evaluating the data to develop accurate cost estimates, which we will use to help policymakers at both EPA and FAA, as well as on Capitol Hill, understand the needs and concerns of airports.
To watch the full proceedings, here is a link to the Senate Commerce Committee's markup.