[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5356 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5356
To require the Secretary of Transportation to establish a PFAS
replacement program at certain airports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2023
Mr. Carbajal (for himself, Mr. Lawler, and Mr. Van Orden) introduced
the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to establish a PFAS
replacement program at certain airports, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pollution-Free Aviation Sites Act''
or the ``PFAS Act''.
SEC. 2. PFAS-RELATED RESOURCES FOR AIRPORTS.
(a) PFAS Replacement Program for Airports.--Not later than 90 days
after the date on which the Department of Defense approves a fluorine-
free fire fighting agent to the Qualified Products' List for products
meeting Military Specification MIL-PRE-32725, dated January 12, 2023,
the Secretary of Transportation shall establish a PFAS replacement
program, in consultation with the Administrator of the Environmental
Protection Agency, and subject to terms, conditions, and assurances
acceptable to the Secretary, to reimburse eligible airports for the
reasonable and appropriate costs associated with any of the following:
(1) The one-time initial acquisition by an eligible airport
of fluorine-free firefighting alternatives for--
(A) the capacity of all required aircraft rescue
and firefighting (ARFF) equipment listed in the most
recent FAA-approved Airport Certification Manual,
regardless of how the equipment was initially acquired;
and
(B) twice the quantity carried onboard each
required truck available in the fire station for the
eligible airport.
(2) The disposal of per- or polyfluoroalkyl products,
including fluorinated aqueous film-forming agents, to the
extent such disposal is necessary to facilitate the transition
to an acceptable fluorine-free agent, including, but not
limited to, aqueous film forming agents currently in fire-
fighting equipment, vehicles, and wastewater generated during
the cleaning of fire-fighting equipment and vehicles.
(3) Cleaning or disposal of existing equipment or
components thereof, to the extent such cleaning or disposal is
necessary to facilitate the transition to an acceptable
fluorine-free agent.
(4) Any equipment or components thereof necessary to
facilitate the transition to an acceptable fluorine-free agent.
(5) Replacement of aircraft rescue and firefighting (ARFF)
equipment as determined by the Secretary as necessary to be
replaced.
(b) Distribution of Funds.--
(1) Grants to replace arff vehicles.--
(A) In general.--The Secretary shall reserve a
portion of the amounts appropriated to carry out the
PFAS replacement program to make grants to each
eligible airport that is designated under part 139 as
an Index A airport and does not have existing
capabilities to produce fluorine-free foam, to replace
aircraft rescue and firefighting (ARFF) vehicles.
(B) Amount.--No grant made to an eligible airport
under subparagraph (A) shall exceed $2,000,000.
(2) Remainder.--
(A) Determination of need.--With respect to the
amount of firefighting foam concentrate required for
foam production commensurate with applicable aircraft
rescue and firefighting (ARFF) equipment required in
accordance with the most recent FAA-approved Airport
Certification Manual, the Secretary shall determine--
(i) the total amount of such concentrate
required for all of the federally required
aircraft rescue and firefighting (ARFF)
vehicles that meet index requirements under
part 139 of each eligible airport, in gallons;
and
(ii) the total amount of nationwide
firefighting foam concentrate, in gallons.
(B) Determination of grant amounts.--From the
amounts appropriated to carry out the PFAS replacement
program that remain after the application of paragraph
(1), the Secretary shall make a grant to each eligible
airport of the amount equal to the product of--
(i) the amount of such remaining funds; and
(ii) the ratio of the amount determined
under subparagraph (A)(i) for such eligible
airport to the amount determined under
subparagraph (A)(ii).
(c) Program Requirements.--
(1) In general.--The Secretary shall determine the
eligibility of costs payable under the PFAS replacement program
by taking into account all engineering, technical, and
environmental protocols and generally accepted industry
standards that are developed or established for fluorine-free
foams.
(2) Compliance with applicable law.--All actions related to
the acquisition, disposal, and transition to fluorine-free
foams, including the cleaning and disposal of equipment, shall
be conducted in full compliance with all applicable Federal
laws in effect at the time of obligation in order to be
eligible for reimbursement under the PFAS replacement program.
(3) Government share.--The Government's share of allowable
costs under the PFAS replacement program shall be 100 percent.
(d) Authorization of Appropriations.--
(1) In general.--There is hereby authorized such sums as
may be necessary to carry out the PFAS replacement program.
(2) Requirements.--Amounts appropriated to carry out the
PFAS replacement program shall--
(A) remain available for expenditure for a period
of 5 fiscal years; and
(B) be available in addition to any other funding
available for similar purposes under any other Federal,
State, local, or Tribal program.
(e) Definitions.--In this section:
(1) Eligible airport.--The term ``eligible airport'' means
an airport holding an Airport Operating Certificate issued
under part 139.
(2) Part 139.--The term ``part 139'' means part 139 of
title 14, Code of Federal Regulations.
(3) PFAS replacement program.--The term ``PFAS replacement
program'' means the program established under subsection (a).
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