Regulatory Alert: DOD Releases Draft Fluorine-Free Firefighting Foam Performance Standards for Industry Comment
May 31, 2022
On May 31, the Department of Defense (DOD) and U.S. Navy released draft performance standards for fluorine-free foam (F3) fire-extinguishing agents and requested industry comment within the next 30 days. Over the past several years, DOD, in coordination with the Federal Aviation Administration (FAA), has been actively developing this updated military specification to facilitate the transition to F3 agents and away from PFAS-containing foam. Once finalized, FAA is widely expected to adopt and use the updated standard to determine which F3 agents may be used at Part 139 commercial service airports. Based on the testing FAA has conducted on available fluorine-free foams, AAAE has been cautiously optimistic that the industry could see an approved F3 agent in early 2023. Release of the draft standards today is yet another sign that DOD and FAA are actively preparing to meet this timeline. 
However, there are still unanswered questions regarding the transition process. AAAE is working with Capitol Hill and the agencies to ensure that airports have the federal resources and guidance to successfully transition away from existing aqueous film forming foam (AFFF) agents.
In addition to federal funding, we believe transition planning should achieve the following goals: provide airports with acceptable standards and practices for the decontamination of existing ARFF vehicles, systems, and other equipment previously used to deploy AFFF; ensure that Part 139 airports have sufficient time to procure fluorine-free firefighting foam when available and approved in light of anticipated supply chain constraints; provide airports with cost-effective options for the disposal of their existing AFFF; and provide guidance on how airports can properly train firefighters on the appropriate use of fluorine-free firefighting foam in the airport environment.
Background on Military Specification. For decades, Part 139 airports have been mandated by FAA to provide ARFF services using PFAS-containing AFFF that meets existing military specifications. 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. DOD and the U.S. Navy have been working on this updated standard for several years in coordination with FAA. While the draft document specifies that the standards will be used for qualifying F3 agents for use at military installations, FAA is widely expected to also adopt the updated standard as the basis for determining which F3 agents may be used at Part 139 airports. 
You can view the draft performance specification, MIL-PRF-XX727, “Fire Extinguishing Agent, Fluorine-Free Foam (F3) Liquid Concentrate, For Land-Based, Fresh Water Applications,“ dated May 26, 2022, here. 
Progress on FAA's F3 Agent Research. For over two years, FAA has tested at least 34 fluorine-free foams, including conducting over 450 fires with these foams, at its research facility in Atlantic City. DOD has been performing its own research and testing as well. Results from these tests have been used to develop the updated draft standards released today. Based on conversations with FAA and the testing conducted so far, AAAE believes DOD and FAA could approve at least one F3 agent in early 2023. You can read additional background and details regarding FAA's testing here. 
How to Comment on Draft Standards. The draft standards released today are obviously very technical in nature. However, we would encourage appropriate airport staff members to review the standards and share any comments or concerns with AAAE by sending an email to Justin Barkowski at justin.barkowski@aaae.org on or before Monday, June 27. The comment period closes on Thursday, June 30. AAAE encourages airports to use this spreadsheet when developing its comments. The U.S. Navy emphasized to AAAE that each comment must have a technically acceptable rationale and a recommended change to support the rationale. 
What's Next? After the comment window closes on June 30, the U.S. Navy will review and consider the feedback before finalizing the military specification by January 2023. Once released, FAA is widely expected to adopt the standards as the basis for determining which F3 agents may be used at Part 139 airports. AAAE 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 is finally approved and made available. 
 
On May 31, the Department of Defense (DOD) and U.S. Navy released draft performance standards for fluorine-free foam (F3) fire-extinguishing agents and requested industry comment within the next 30 days. Over the past several years, DOD, in coordination with the Federal Aviation Administration (FAA), has been actively developing this updated military specification to facilitate the transition to F3 agents and away from PFAS-containing foam. Once finalized, FAA is widely expected to adopt and use the updated standard to determine which F3 agents may be used at Part 139 commercial service airports. Based on the testing FAA has conducted on available fluorine-free foams, AAAE has been cautiously optimistic that the industry could see an approved F3 agent in early 2023. Release of the draft standards today is yet another sign that DOD and FAA are actively preparing to meet this timeline. 
However, there are still unanswered questions regarding the transition process. AAAE is working with Capitol Hill and the agencies to ensure that airports have the federal resources and guidance to successfully transition away from existing aqueous film forming foam (AFFF) agents.
In addition to federal funding, we believe transition planning should achieve the following goals: provide airports with acceptable standards and practices for the decontamination of existing ARFF vehicles, systems, and other equipment previously used to deploy AFFF; ensure that Part 139 airports have sufficient time to procure fluorine-free firefighting foam when available and approved in light of anticipated supply chain constraints; provide airports with cost-effective options for the disposal of their existing AFFF; and provide guidance on how airports can properly train firefighters on the appropriate use of fluorine-free firefighting foam in the airport environment.
Background on Military Specification. For decades, Part 139 airports have been mandated by FAA to provide ARFF services using PFAS-containing AFFF that meets existing military specifications. 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. DOD and the U.S. Navy have been working on this updated standard for several years in coordination with FAA. While the draft document specifies that the standards will be used for qualifying F3 agents for use at military installations, FAA is widely expected to also adopt the updated standard as the basis for determining which F3 agents may be used at Part 139 airports. 
You can view the draft performance specification, MIL-PRF-XX727, “Fire Extinguishing Agent, Fluorine-Free Foam (F3) Liquid Concentrate, For Land-Based, Fresh Water Applications,“ dated May 26, 2022, here. 
Progress on FAA's F3 Agent Research. For over two years, FAA has tested at least 34 fluorine-free foams, including conducting over 450 fires with these foams, at its research facility in Atlantic City. DOD has been performing its own research and testing as well. Results from these tests have been used to develop the updated draft standards released today. Based on conversations with FAA and the testing conducted so far, AAAE believes DOD and FAA could approve at least one F3 agent in early 2023. You can read additional background and details regarding FAA's testing here. 
How to Comment on Draft Standards. The draft standards released today are obviously very technical in nature. However, we would encourage appropriate airport staff members to review the standards and share any comments or concerns with AAAE by sending an email to Justin Barkowski at justin.barkowski@aaae.org on or before Monday, June 27. The comment period closes on Thursday, June 30. AAAE encourages airports to use this spreadsheet when developing its comments. The U.S. Navy emphasized to AAAE that each comment must have a technically acceptable rationale and a recommended change to support the rationale. 
What's Next? After the comment window closes on June 30, the U.S. Navy will review and consider the feedback before finalizing the military specification by January 2023. Once released, FAA is widely expected to adopt the standards as the basis for determining which F3 agents may be used at Part 139 airports. AAAE 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 is finally approved and made available. 
 
