Regulatory Alert: DOD Releases New Fluorine-Free Firefighting Foam Performance Standards

The Department of Defense (DOD) and U.S. Navy have released new performance standards for fluorine-free foam (F3) fire-extinguishing agents, a significant milestone that is expected to ultimately allow Part 139 airports to transition to F3 agents and away from aqueous film forming foam (AFFF) agents later this year. In conjunction with the new standards released today, the Federal Aviation Administration (FAA) issued a Part 139 CertAlert that provides some basic guidance for airports on the use of F3 agents.

In terms of the transition timeline, the new standards will now allow F3 manufacturers to submit their products for testing and certification, a process that typically takes about 90 to 120 days. If the product is found to meet the standards, it will be added to the DOD's Qualified Products' Database (QPD). Inclusion of an F3 agent in the QPD means that certified product may be used at airports to meet Part 139 requirements. AAAE reasonably expects this to occur by July 2023. Notably, FAA specifically indicated that Part 139 airports will not be required by the FAA to transition to the new foam.

AAAE has prepared a single-page overview of the expected transition timeline this year, which should be helpful to airports for planning purposes. We highly encourage you to review.

Background on F3 Military Specification. Over the past several years, DOD, in coordination with FAA, has been actively developing a new military specification-known as minimum performance standards-to facilitate the transition to F3 agents after significant concerns have been raised about PFAS-containing AFFF, which FAA has required airports to use for decades. In the FY20 National Defense Authorization Act, Congress required the U.S. Navy to publish a new military specification for F3 agents no later than January 31, 2023, and DOD to begin phasing out the use of AFFF beginning in October 2023. AAAE submitted feedback on the draft standards in June after the U.S. Navy released a draft for industry comment.

You can view the performance specification, MIL-PRF-32725, 'Fire Extinguishing Agent, Fluorine-Free Foam (F3) Liquid Concentrate, For Land-Based, Fresh Water Applications,' dated January 6, 2023, here. The document was released publicly on January 12.

FAA's Part 139 CertAlert on Use of F3 Agents. In the Part 139 CertAlert, FAA provides some basic guidance for airports on the use of F3 agents. While the document does not address the major questions being raised in the industry-such as how to decontaminate ARFF vehicles and equipment or dispose of existing AFFF concentrate-FAA provides an overview of the transition process and how to determine which F3 agents may be used to meet Part 139 requirements. Key takeaways from the document, along with our discussions with FAA, include:

F3 Transition Process: The new performance standards allow F3 agent manufacturers to submit their products for testing and certification, a process that typically takes about 90 to 120 days. If the product is found to meet the standards, it will be added to the QPD. Inclusion of an F3 agent in the QPD means that certified product may be used at airports to meet Part 139 requirements.

Products in the QPD: Part 139 airports cannot use an F3 agent unless it is listed in the QPD. Airports can access the DOD's 'Qualified Products Database." Approved or certified F3 products can be found by searching for QPL number QPL-32725, although we do not expect any products to be listed until the middle part of this year.

F3 Transition Not Mandatory: FAA emphasized in the CertAlert that Part 139 airports will not be 'currently' required by the agency to transition to the new F3 agents and may continue to use AFFF. However, FAA advised that airports should check with their state or local municipalities for any specific local requirements regarding the use of firefighting foam.

Compatibility with Other F3 Agents: FAA advised that F3 agents lack compatibility with other F3 agents, which means they cannot be mixed together. Airports will be expected to ensure that F3 from one manufacturer is not added or mixed with F3 from another manufacturer.

Additional Questions Surrounding F3 Transition. While release of the new F3 agent performance standards is a major milestone, there are still unanswered questions regarding the transition process. AAAE is working with lawmakers and the agencies to ensure that airports have the resources they need to smoothly transition away from AFFF, including sufficient time to complete the transition; federal financial assistance to pay for transition costs; and adequate guidance on critical issues such as how to decontaminate ARFF trucks and properly dispose of AFFF. AAAE is regularly meeting with FAA to support the development of the agency's transition plan and guidance to help airports navigate the process.

AAAE's Overview of Expected Transition Timeline. AAAE has prepared a single-page overview of the expected transition timeline this year, which should be helpful to airports for planning purposes. The document provides an overview of key deadlines and the expected timeframe for major developments in the F3 transition effort throughout 2023.

What's Next? AAAE will keep our members apprised of any specific F3 agents that become certified and are listed in the DOD's QPD, which we reasonably expect to occur by July 2023. In addition, we will continue to work with and press FAA, DOD, and lawmakers to ensure that airports have the resources, time, and guidance they need to transition from AFFF to F3 agents when an appropriate foam has been properly certified and listed in the QPD.