[Senate Report 117-138]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 462
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      117-138
_______________________________________________________________________

                                     


                 PREVENTING PFAS RUNOFF AT AIRPORTS ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3662















         [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
















                 August 2, 2022.--Ordered to be printed 
                 
                             _________
                              
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
29-010                   WASHINGTON : 2022
                 
                 
                 
                 











  
                 
                 
                 
                 
                 
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred seventeenth congress
                             second session

                   MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota             ROGER WICKER, Mississippi
RICHARD BLUMENTHAL, Connecticut      JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii                 ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts         TED CRUZ, Texas
GARY PETERS, Michigan                DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin             JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois            DAN SULLIVAN, Alaska
JON TESTER, Montana                  MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona              TODD YOUNG, Indiana
JACKY ROSEN, Nevada                  MIKE LEE, Utah
BEN RAY LUJAN, New Mexico            RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado          SHELLEY MOORE CAPITO, West Virginia

RAPHAEL WARNOCK, Georgia             RICK SCOTT, Florida
                                     CYNTHIA LUMMIS, Wyoming
                       Lila Helms, Staff Director
                  John Keast, Minority Staff Director























                                                      Calendar No. 462
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      117-138

======================================================================



 
                 PREVENTING PFAS RUNOFF AT AIRPORTS ACT

                                _______
                                

                 August 2, 2022.--Ordered to be printed

                                _______
                                

      Ms. Cantwell, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 3662]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3662) to temporarily increase 
the cost share authority for aqueous film forming foam input-
based testing equipment, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of the Preventing PFAS Runoff at Airports Act, 
S. 3662, is to increase temporarily the Federal cost share 
under the Federal Aviation Administration's (FAA) Airport 
Improvement Program (AIP) for the acquisition of equipment that 
enables commercial airports to avoid the non-emergency 
discharge of firefighting foam containing toxic per- and 
polyfluoroalkyl substances (PFAS) into the environment.

                          Background and Needs

    Airports with qualifying commercial operations (commercial 
airports) are subject to FAA requirements under part 139 of 
title 14 of the Code of Federal Regulations (part 139).\1\ Part 
139 requires commercial airports to obtain various equipment, 
including aircraft rescue and firefighting (ARFF) equipment.\2\ 
More specifically, part 139 requires commercial airport ARFF 
systems to use aqueous film forming foam (AFFF)--a type of 
firefighting foam suitable for fuel fires--that satisfies 
performance standards established by the Department of 
Defense.\3\ To date, the only AFFF that meet these standards 
contain PFAS.\4\
---------------------------------------------------------------------------
    \1\14 CFR 139.1.
    \2\Federal Aviation Administration, CertAlert on Aqueous Film 
Forming Foam (AFFF) Testing at Certificated Part 139 Airports, January 
17, 2019 (https://www.faa.gov/airports/airport_safety/certalerts/media/
part-139-cert-alert-19-01-AFFF.pdf).
    \3\Ibid.
    \4\Ibid.
---------------------------------------------------------------------------
    Furthermore, the FAA requires commercial airports to 
regularly test their firefighting equipment. Previously, this 
involved discharging PFAS-containing AFFF into the 
environment.\5\ As of January 17, 2019, however, the FAA began 
allowing airports to conduct these tests using input-based 
testing equipment which avoids discharging AFFF into the 
environment.\6\ Subsequently, on June 10, 2019, the FAA made 
the acquisition and installation of input-based testing 
equipment eligible for AIP funding until November 1, 2021,\7\ 
which was later extended until November 1, 2023.\8\ Therefore, 
the FAA will cover 70-95 percent of the cost of acquiring and 
installing this equipment, in accordance with Federal law.\9\
---------------------------------------------------------------------------
    \5\Ibid.
    \6\Ibid.
    \7\Federal Aviation Administration, Memorandum on PGL 19-01: 
Aqueous Film Forming Foam (AFFF) Input-Based Testing Equipment, June 
10, 2019 (https://www.faa.gov/airports/aip/guidance_letters/media/aip-
pgl-19-01-AFFF-Testing-Equipment.pdf).
    \8\Federal Aviation Administration, Memorandum on PGL 21-01: 
Extension of Eligibility for Stand-alone Acquisition of Input-based 
Testing Equipment and Truck Modification, October 5, 2021 (https://
www.faa.gov/airports/aip/guidance_letters/media/aip-PGL-21-01-AFFF-
Input-Based-Testing-Equipment.pdf).
    \9\See 49 U.S.C. 47109.
---------------------------------------------------------------------------
    As a result of these policies, under current law, 
commercial airports may use Federal funding to acquire 
equipment that eliminates unnecessary toxic AFFF discharges, 
except in the rare event of fuel fires. However, not all 
commercial airports have acquired the equipment. This means 
that some commercial airports across the country are 
discharging toxic PFAS-containing firefighting foam into the 
environment unnecessarily. S. 3662 would increase the Federal 
cost share under AIP from 70-95 percent to 100 percent of the 
cost of acquiring and installing the input-based testing 
equipment.

                         Summary of Provisions

    If enacted, S. 3662 would do the following:
           Increase the Federal cost share under AIP to 
        100 percent, on a temporary basis, for the acquisition 
        and installation of input-based testing equipment that 
        enables commercial airports to test their ARFF vehicles 
        without discharging PFAS-containing AFFF into the 
        environment.
           Require the Administrator of the FAA to 
        conduct outreach to commercial airports to inform them 
        about the temporary increase in the Federal cost share.
           Require the Administrator of the FAA to 
        brief the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives about the possibility of reimbursing 
        commercial airports that acquired eligible equipment 
        before the enactment of the temporary increase in the 
        Federal cost share, among other issues.

                          Legislative History

    S. 3662 was introduced on February 16, 2022, by Senator 
Peters (for himself and Senators Moran, Duckworth, Capito, 
Klobuchar, and Lummis) and was referred to the Committee on 
Commerce, Science, and Transportation of the Senate. On March 
22, 2022, the Committee met in open Executive Session and, by 
voice vote, ordered S. 3662 reported favorably with an 
amendment (in the nature of a substitute with amendments).

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 24, 2022.
Hon. Maria Cantwell,
Chair, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Madam Chair: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3662, the Preventing 
PFAS Runoff at Airports Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aaron 
Krupkin.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 3662 would have the Federal Aviation Administration 
(FAA) pay 100 percent of the cost for airports to acquire 
stand-alone, input-based equipment to test certain fire 
suppression systems. Under current law, the FAA's Airport 
Improvement Program and Airport Infrastructure Grants program 
provide grants for capital improvements at airports and, 
depending on the type of airport, generally cover 75 percent to 
90 percent of the costs for eligible projects. Under current 
agency guidance, airports' acquisitions of those systems can be 
reimbursed through November 1, 2023.
    S. 3662 would not provide additional budget authority for 
airport grants or increase existing obligation limitations. 
However, the bill could affect direct spending from the 
expenditure of previously appropriated amounts that CBO does 
not expect to be spent over the 2022-2032 period under current 
law. Using information from the FAA about previous grants for 
similar equipment, CBO expects that the FAA would spend a small 
amount of those balances. Thus, we estimate that enacting the 
bill would increase direct spending by less than $500,000 over 
the 2022-2032 period.
    S. 3662 would require the FAA to notify airports of the 
cost-sharing increase and to report to the Congress on those 
efforts. Based on the cost of similar activities, CBO estimates 
that the cost to implement those provisions would not be 
significant over the 2022-2032 period; such spending would be 
subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Aaron Krupkin. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 3662, as reported, would not impose any new significant 
regulatory requirements, and, therefore, would not subject any 
individuals or businesses to new significant regulations.

                            economic impact

    S. 3662, as reported, is not expected to have any 
significant adverse impacts on the Nation's economy.

                                privacy

    S. 3662, as reported, will not have any adverse impact on 
the privacy of individuals.

                               paperwork

    S. 3662, as reported, would not impose a substantial 
paperwork burden on individuals or businesses.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section. 1. Short title

    This section would provide that the legislation may be 
cited as the ``Preventing PFAS Runoff at Airports Act''.

Section 2. Temporary increased cost share authority for aqueous film 
        forming input-based testing equipment

    Subsection (a) would temporarily increase the Federal cost 
share under AIP to 100 percent for the acquisition and 
installation of covered equipment; under current law, the 
Federal cost share generally ranges from 70-95 percent.\10\ 
Subsection (a) defines covered equipment to mean equipment that 
is eligible for AIP funding pursuant to the FAA's program 
guidance letter (PGL) dated October 5, 2021, ``Extension of 
Eligibility for Stand-alone Acquisition of Input-based Testing 
Equipment and Truck Modification'' (PGL 21-01)\11\--or 
successor guidance. PGL 21-01 extended an earlier PGL (PGL 19-
01) through November 1, 2023. PGL 19-01 made certain equipment 
temporarily eligible for AIP funding;\12\ the equipment enables 
commercial airports to test their ARFF vehicles without 
discharging PFAS-containing AFFF into the environment. 
Subsection (a) would sunset the 100 percent Federal cost share 
authority on the earlier of: (1) 180 days after the FAA 
rescinds the eligibility of covered equipment for AIP funding, 
or (2) 5 years after the date of enactment of the legislation.
---------------------------------------------------------------------------
    \10\Ibid.
    \11\Federal Aviation Administration, Memorandum on PGL 21-01: 
Extension of Eligibility for Stand-alone Acquisition of Input-based 
Testing Equipment and Truck Modification, October 5, 2021 (https://
www.faa.gov/airports/aip/guidance_letters/media/aip-PGL-21-01-AFFF-
Input-Based-Testing-Equipment.pdf).
    \12\Federal Aviation Administration, Memorandum on PGL 19-01: 
Aqueous Film Forming Foam (AFFF) Input-Based Testing Equipment, June 
10, 2019 (https://www.faa.gov/airports/aip/guidance_letters/media/aip-
pgl-19-01-AFFF-Testing-Equipment.pdf).
---------------------------------------------------------------------------
    Subsection (b) would direct the Administrator of the FAA, 
within 90 days after enactment, to conduct outreach to 
commercial airports in order to make them aware of the 100 
percent Federal cost share authority for covered equipment.
    Subsection (c) would direct the Administrator of the FAA, 
within 18 months after enactment, to conduct a briefing for the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives. The briefing would inform the 
Committees about options for reimbursing commercial airports 
that already acquired covered equipment, with or without 
Federal funding, as well as information relevant to estimating 
the cost of such reimbursement, the status of the 
Administrator's outreach efforts under subsection (b), and any 
other information the Administrator considers appropriate.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 49--TRANSPORTATION

           *       *       *       *       *       *       *


Subtitle VII--Aviation Programs

           *       *       *       *       *       *       *


PART B--AIRPORT DEVELOPMENT AND NOISE

           *       *       *       *       *       *       *


CHAPTER 471--AIRPORT DEVELOPMENT

           *       *       *       *       *       *       *



Subchapter I--Airport Improvement

           *       *       *       *       *       *       *



Sec. 47109. United States Government's share of project costs

    (a) * * *
  (g) Special Rule for Covered Equipment.--
          (1) In general.--The Government's share of allowable 
        project costs for covered equipment and its 
        installation shall be 100 percent.
          (2) Definition of covered equipment.--For purposes of 
        this subsection, the term ``covered equipment'' means 
        aqueous film forming foam input-based testing equipment 
        that is eligible for Airport Improvement Program 
        funding based on Federal Aviation Administration PGL 
        21-01, titled ``Extension of Eligibility for stand-
        alone acquisition of input-based testing equipment and 
        truck modification'', dated October 5, 2021 (or any 
        other successor program guidance letter).
          (3) Sunset.--The higher cost share authority 
        established in this subsection shall terminate on the 
        earlier of--
                  (A) 180 days after the date on which the 
                eligibility of covered equipment for Airport 
                Improvement Program funding under the authority 
                described in paragraph (2) terminates or is 
                discontinued by the Administrator; or
                  (B) 5 years after the date of enactment of 
                this subsection.

           *       *       *       *       *       *       *


                                  [all]