PFAS-Free Firefighting Foam Transition Reporting Act

II 118TH CONGRESS 1ST SESSION S. 1929 To direct the Administrator of the Federal Aviation Administration to provide progress reports on the development and implementation of the national transition plan related to a fluorine-free firefighting foam, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 12, 2023 Mr. PETERS (for himself, Mr. MORAN, Ms. DUCKWORTH, Mr. WARNOCK, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Administrator of the Federal Aviation Adminis- tration to provide progress reports on the development and implementation of the national transition plan re- lated to a fluorine-free firefighting foam, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘PFAS-Free Fire- 4 fighting Foam Transition Reporting Act’’. 5 VerDate Sep 11 2014 23:47 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1929.IS S1929 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1929 IS SEC. 2. PROGRESS REPORTS ON THE NATIONAL TRANSI- 1 TION PLAN RELATED TO A FLUORINE-FREE 2 FIREFIGHTING FOAM. 3 (a) IN GENERAL.—Not later than 180 days after the 4 date of enactment of this section, and every 180 days 5 thereafter until the progress report termination date de- 6 scribed in subsection (c), the Administrator of the FAA, 7 in consultation with the Administrator of the Environ- 8 mental Protection Agency and the Secretary of Defense, 9 shall submit to the appropriate committees of Congress 10 a progress report on the development and implementation 11 of a national transition plan related to a fluorine-free fire- 12 fighting foam that— 13 (1) meets the performance standards referenced 14 in chapter 6 of AC No: 150/5210–6D and is accept- 15 able under section 139.319(l) of title 14, Code of 16 Federal Regulations, for use at part 139 airports; 17 and 18 (2) includes the issuance of guidance related to 19 the use of fluorine-free firefighting foam at airports 20 that are not part 139 airports, consistent with sub- 21 section (b)(3). 22 (b) REQUIRED INFORMATION.—Each progress report 23 required by subsection (a) shall include the following: 24 VerDate Sep 11 2014 23:47 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1929.IS S1929 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1929 IS (1) An assessment of the progress made by the 1 FAA with respect to providing part 139 airports 2 with— 3 (A) guidance from the Environmental Pro- 4 tection Agency on acceptable environmental lim- 5 its relating to such fluorine-free firefighting 6 foam; 7 (B) guidance from the Department of De- 8 fense on that department’s transition to a fluo- 9 rine-free firefighting foam; 10 (C) best practices for the decontamination 11 of existing aircraft rescue and firefighting vehi- 12 cles, systems, and other equipment used to de- 13 ploy firefighting foam at part 139 airports; and 14 (D) timelines for the release of policy and 15 guidance relating to part 139 airport implemen- 16 tation plans for obtaining approved military 17 specification products and firefighting personnel 18 training. 19 (2) A comprehensive list of the amount of roll- 20 ing stock of firefighting foam at each part 139 air- 21 port as of the date of the submission of the progress 22 report and the number of gallons regularly kept in 23 reserve at each such airport. 24 VerDate Sep 11 2014 23:47 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1929.IS S1929 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1929 IS (3) An assessment of the progress made by the 1 FAA with respect to providing airports that are not 2 part 139 airports, and local authorities with respon- 3 sibility for inspection and oversight at such airports, 4 with guidance relating to the use of fluorine-free 5 firefighting foam at such airports that includes the 6 guidance, best practices, and timelines required by 7 paragraph (1) for part 139 airports, but modified to 8 the extent appropriate for application to airports 9 that are not part 139 airports. 10 (4) Such other information as the Adminis- 11 trator of the FAA determines appropriate. 12 (c) PROGRESS REPORT TERMINATION DATE.—For 13 purposes of subsection (a), the progress report termi- 14 nation date described in this subsection is the date on 15 which the Administrator of the FAA notifies the appro- 16 priate committees of Congress that development and im- 17 plementation of the national transition plan described in 18 subsection (a) is complete. 19 (d) DEFINITIONS.—In this section: 20 (1) APPROPRIATE COMMITTEES OF CON- 21 GRESS.—The term ‘‘appropriate committees of Con- 22 gress’’ means the Committee on Transportation and 23 Infrastructure of the House of Representatives and 24 VerDate Sep 11 2014 23:47 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1929.IS S1929 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1929 IS the Committee on Commerce, Science, and Trans- 1 portation of the Senate. 2 (2) FAA.—The term ‘‘FAA’’ means the Fed- 3 eral Aviation Administration. 4 (3) PART 139 AIRPORT.—The term ‘‘part 139 5 airport’’ means an airport certified under part 139 6 of title 14, Code of Federal Regulations. 7 Æ VerDate Sep 11 2014 23:47 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1929.IS S1929 kjohnson on DSK79L0C42PROD with BILLS