Regulatory Alert: DOD and FAA Approve First Fluorine-Free Firefighting Foam for Part 139 Airport Use

September 12, 2023

The U.S. Department of Defense (DOD) identified SOLBERG® 3% MIL-SPEC Synthetic Fluorine-Free Foam (SFFF) as the first fluorine-free firefighting foam (F3) agent that meets the department's F3 performance standards. With DOD officially listing the product in its Qualified Product List (QPL), SOLBERG® 3% MIL-SPEC SFFF becomes the first F3 agent to be approved by the Federal Aviation Administration (FAA) for use at Part 139 certificated airports. We expect that additional F3 products will be listed in the QPL in the coming weeks.

DOD and FAA's approval marks a significant positive development in the effort to transition to F3 agents and away from aqueous film forming foam (AFFF). However, we expect the approval will now lead to heightened focus and scrutiny over the lack of clear guidance from FAA and the U.S. Environmental Protection Agency (EPA) on how to transition to and use F3, including acceptable methods for decontaminating ARFF vehicles and disposing of AFFF concentrate and rinsate. AAAE will continue to press FAA, EPA, and the Hill for clarity on these important transition-related questions.

AAAE and its Environmental Services Committee will be hosting a virtual meeting with members on Monday, September 18, at 1-2 p.m. ET, to discuss the F3 approval and transition effort. You can sign up to receive a calendar invite for the meeting using the form here. The purpose of the discussion will be to provide members with an update on DOD and FAA's approval of the first F3 agent, the upcoming transition effort, and related issues. This will be an opportunity for members to ask questions and hear from other airports.

Background. Over the past several years, DOD, in coordination with FAA, has been actively evaluating F3 agents and 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 January, the U.S. Navy published a military specification for F3 agents ('F3 MIL-SPEC'). These new performance standards allowed F3 manufacturers to submit their products for DOD testing and certification. Demonstrating that a F3 product meets the F3 MIL-SPEC means the agent will be added DOD's QPL.

FAA's Approval of F3 at Part 139 Airports. At the same time the F3 MIL-SPEC was released in January, FAA published a Part 139 Cert Alert that expressly permitted Part 139 airports to substitute AFFF for any F3 agent that meets the F3 MIL-SPEC and is listed in the DOD's QPL. Since then, airports have been anxiously awaiting DOD to test and certify one or more F3 products. Today, the SOLBERG® 3% MIL-SPEC SFFF became the first agent approved and listed. We understand that additional F3 agents will be identified and listed in the QPL in the coming weeks and months. We also expect FAA to distribute a formal announcement to Part 139 airports sometime tomorrow.

Key Points of Emphasis on F3 Transition. With the first F3 product listed in the QPL, attention will now shift towards how airports make the transition to F3. This year, FAA has published three documents relating to this question: (1) Part 139 Cert Alert No. 23-01, dated January 12; (2) 'Aircraft Firefighting Foam Transition Plan,' dated May 8; and (3) draft Advisory Circular, 150/5210-6E, 'Aircraft Fire Extinguishing Agents,' dated August 3.

Based on our review of the three FAA guidance documents and our discussions with the administration and the Hill, we have put together the following key points of emphasis that airports should know as they consider making the transition:

F3 Transition Not Mandatory: Part 139 airports will not be required by the agency to transition to F3 and may continue to use AFFF. However, there are two other driving factors that may require airports to transition in the near term. First, some states have already enacted legislation that prohibits the use of AFFF. While many of those laws have exceptions for Part 139 airports because of the federal mandate, those exceptions may no longer apply because airports are not required to use AFFF anymore. Second, manufacturers are beginning to phase out the sale and production of AFFF, which may result in some airports having to make the transition sooner. For example, one manufacturer announced it will no longer sell the product after mid-2024.

Part 139 Airports Limited to Certified F3 Agents: Part 139 airports may only use F3 products that have been found to meet the F3 MIL-SPEC; such agents will be listed in DOD's QPL, which can be found here.

Compatibility with Other F3 Agents: 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. FAA recommends that airports have sufficient quantities of the certified F3 product that the airport chooses to use to mitigate the risk of having to procure an alternative F3 product and potentially mixing F3 from different manufacturers. DOD and FAA are conducting testing and analysis to determine whether and how F3 products may be compatible in the future; however, we do not expect this in the near future.

Understanding How F3 Performs: F3 and AFFF perform very differently from one another, and the appropriate tactics and techniques to successfully apply F3 are not the same. FAA emphasized that because F3 does not contain fluorinated surfactants, firefighters' techniques, application, and foam blanket management will be critically important to ensure the fire is contained and to prevent re-ignition. This means airports need to ensure their firefighters are well trained on how to properly use F3.

Methods for F3 Firefighter Training: FAA and other organizations plan to distribute F3 training materials to industry through journals, conferences, webinars, and other mechanisms. FAA has advised that firefighters may benefit from hands-on training with F3, although there are outstanding questions on how many training facilities could support F3 discharges during training and whether propane facilities could instead be used to teach F3 techniques. FAA also indicated that the agency plans to release a video for F3 training and post it online for firefighters to review.

Use of Input-Based Testing Systems for F3: In its draft guidance, FAA recommends that Part 139 airports continue to use input-based testing equipment to ensure that the foam proportioning system on their ARFF vehicles is working properly, regardless of the foam being used. Testing of the ARFF vehicle is a requirement that airports must perform under Part 139.

Considerations for Transition Planning: In its transition plan, FAA noted that each ARFF vehicle would need to be taken out of service for five days or more to make the transition. This may require some airports to borrow or rent an ARFF vehicle to maintain index requirements. The agency also outlined a series of other factors that the agency believes airports should consider as they look to transition to F3, including the availability and storage of new foam, storage for unused AFFF product and any cleaning rinsate, potential state 'takeback' programs for AFFF that may be available, and state and local environmental requirements, among many others.

Decontaminating ARFF Equipment: Pursuant to a congressional directive that AAAE secured, FAA was required to outline best practices for the decontamination of ARFF equipment in its May 8 transition plan. Unfortunately, the plan did not provide any meaningful recommendations to airports on how to effectively decontaminate such equipment. FAA noted that it is hard to determine the level of residual PFAS in ARFF equipment and a method of testing for PFAS has not been identified. In its transition plan, FAA outlined all the research projects that have been conducted by DOD to find suitable methods for cleaning firefighting delivery systems.

Disposal of AFFF and PFAS-Containing Materials: Sometime before the end of this calendar year, EPA is expected to update its interim guidance on the destruction and disposal of PFAS and PFAS-containing materials, such as AFFF. The agency's guidance was originally released for public comment in December 2020. In comments filed in early 2021, AAAE emphasized the lack of clarity for airports in navigating this area and the need for reasonable destruction and disposal options. While we are not expecting the agency to address all our questions, we are hopeful that the updated guidance will provide some meaningful guidance for airports on how to dispose of AFFF and rinsate that may result from ARFF vehicle cleaning.

What's Next? AAAE will keep our members apprised of any additional F3 agents that become certified and listed in the DOD's QPL in the coming weeks and months. We will also continue to work with and press FAA, EPA, and lawmakers to ensure that airports have the resources, time, and guidance they need to transition from AFFF to F3 agents, especially with many of the important environmental questions that remain unaddressed by the federal government.

Resources on F3 Transition

AAAE's Overview of F3 Transition Timeline (September 2023)
DOD's Qualified Products List for F3 Agents Certified Under MIL-PRF-32725
FAA's 'F3 Transition for Aircraft Firefighting' Website
FAA's Draft Advisory Circular, 150/5210-6E, 'Aircraft Fire Extinguishing Agents,' dated August 3, 2023
FAA's 'Aircraft Firefighting Foam Transition Plan,' dated May 8, 2023
FAA Part 139 Cert Alert, 'New Military Specification for Performance-Based Standards for Fluorine-Free Aircraft Fire Fighting Foam,' dated January 12, 2023
MIL-PRF-32725, 'Fire Extinguishing Agent, Fluorine-Free Foam (F3) Liquid Concentrate, For Land-Based, Fresh Water Applications'