[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
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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\
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\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.
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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\
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\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.
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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.
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\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).
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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]