Airport Alert: House Passes Preventing PFAS Runoff at Airports Act

September 29, 2022

The House passed S. 3662, the Preventing PFAS Runoff at Airports Act, by a vote of 381 to 42 on September 29. The House-passed bill included a minor change in the legislative text, meaning the new version must be passed again in the Senate before it goes to the president's desk to be signed into law. We expect this to happen before the end of the year.

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 increased federal cost share would sunset after five years.

During debate on the bill, Representative André Carson (D-IN) spoke in support of the legislation, saying, 'Airports have been required by law to use and discharge firefighting foam containing PFAS, not just during firefighting emergencies, but also to comply with mandatory FAA testing requirements for firefighting equipment. These discharges have tremendous health implications for the people that live and work arounds airports, as well as growing liability concerns for the airports themselves.' He continued, 'While airports are already allowed to procure this [input-based testing] equipment, the cost of the equipment, which can be tens of thousands of dollars, can often be prohibitive. Through this higher federal cost share, S. 3662 would incent the broad adoption of this new technology to ensure airports are able to limit or prevent the spread of PFAS contamination into local communities.'

When the legislation was introduced in February, AAAE, ACI-NA, several Michigan airports, and a number of other groups 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.'