I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pollution-Free Avia5 tion Sites Act’’ or the ‘‘PFAS Act’’. 

6 SEC. 2. PFAS-RELATED RESOURCES FOR AIRPORTS. 

7 (a) PFAS REPLACEMENT PROGRAM FOR AIR8 PORTS.—Not later than 90 days after the date on which 

9 the Department of Defense approves a fluorine-free fire 


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1 fighting agent to the Qualified Products’ List for products 

2 meeting Military Specification MIL–PRE–32725, dated 

3 January 12, 2023, the Secretary of Transportation shall 

4 establish a PFAS replacement program, in consultation 

5 with the Administrator of the Environmental Protection 

6 Agency, and subject to terms, conditions, and assurances 

7 acceptable to the Secretary, to reimburse eligible airports 

8 for the reasonable and appropriate costs associated with 

9 any of the following: 

10 (1) The one-time initial acquisition by an eligi11 ble airport of fluorine-free firefighting alternatives 

12 for— 

13 (A) the capacity of all required aircraft 

14 rescue and firefighting (ARFF) equipment list15 ed in the most recent FAA-approved Airport 

16 Certification Manual, regardless of how the 

17 equipment was initially acquired; and 

18 (B) twice the quantity carried onboard 

19 each required truck available in the fire station 

20 for the eligible airport. 

21 (2) The disposal of per- or polyfluoroalkyl prod22 ucts, including fluorinated aqueous film-forming 

23 agents, to the extent such disposal is necessary to 

24 facilitate the transition to an acceptable fluorine-free 

25 agent, including, but not limited to, aqueous film 


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1 forming agents currently in fire-fighting equipment, 

2 vehicles, and wastewater generated during the clean3 ing of fire-fighting equipment and vehicles. 

4 (3) Cleaning or disposal of existing equipment 

5 or components thereof, to the extent such cleaning 

6 or disposal is necessary to facilitate the transition to 

7 an acceptable fluorine-free agent. 

8 (4) Any equipment or components thereof nec9 essary to facilitate the transition to an acceptable 

10 fluorine-free agent. 

11 (5) Replacement of aircraft rescue and fire12 fighting (ARFF) equipment as determined by the 

13 Secretary as necessary to be replaced. 

14 (b) DISTRIBUTION OF FUNDS.— 

15 (1) GRANTS TO REPLACE ARFF VEHICLES.— 

16 (A) IN GENERAL.—The Secretary shall re17 serve a portion of the amounts appropriated to 

18 carry out the PFAS replacement program to 

19 make grants to each eligible airport that is des20 ignated under part 139 as an Index A airport 

21 and does not have existing capabilities to 

22 produce fluorine-free foam, to replace aircraft 

23 rescue and firefighting (ARFF) vehicles. 


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1 (B) AMOUNT.—No grant made to an eligi2 ble airport under subparagraph (A) shall exceed 

3 $2,000,000. 

4 (2) REMAINDER.— 

5 (A) DETERMINATION OF NEED.—With re6 spect to the amount of firefighting foam con7 centrate required for foam production commen8 surate with applicable aircraft rescue and fire9 fighting (ARFF) equipment required in accord10 ance with the most recent FAA-approved Air11 port Certification Manual, the Secretary shall 

12 determine— 

13 (i) the total amount of such con14 centrate required for all of the federally re15 quired aircraft rescue and firefighting 

16 (ARFF) vehicles that meet index require17 ments under part 139 of each eligible air18 port, in gallons; and 

19 (ii) the total amount of nationwide 

20 firefighting foam concentrate, in gallons. 

21 (B) DETERMINATION OF GRANT

22 AMOUNTS.—From the amounts appropriated to 

23 carry out the PFAS replacement program that 

24 remain after the application of paragraph (1), 

25 the Secretary shall make a grant to each eligiVerDate Sep 11 2014 22:33 Sep 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5356.IH H5356

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1 ble airport of the amount equal to the product 

2 of— 

3 (i) the amount of such remaining 

4 funds; and 

5 (ii) the ratio of the amount deter6 mined under subparagraph (A)(i) for such 

7 eligible airport to the amount determined 

8 under subparagraph (A)(ii). 

9 (c) PROGRAM REQUIREMENTS.— 

10 (1) IN GENERAL.—The Secretary shall deter11 mine the eligibility of costs payable under the PFAS 

12 replacement program by taking into account all en13 gineering, technical, and environmental protocols 

14 and generally accepted industry standards that are 

15 developed or established for fluorine-free foams. 

16 (2) COMPLIANCE WITH APPLICABLE LAW.—All 

17 actions related to the acquisition, disposal, and tran18 sition to fluorine-free foams, including the cleaning 

19 and disposal of equipment, shall be conducted in full 

20 compliance with all applicable Federal laws in effect 

21 at the time of obligation in order to be eligible for 

22 reimbursement under the PFAS replacement pro23 gram. 


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1 (3) GOVERNMENT SHARE.—The Government’s 

2 share of allowable costs under the PFAS replace3 ment program shall be 100 percent. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There is hereby authorized 

6 such sums as may be necessary to carry out the 

7 PFAS replacement program. 

8 (2) REQUIREMENTS.—Amounts appropriated to 

9 carry out the PFAS replacement program shall— 

10 (A) remain available for expenditure for a 

11 period of 5 fiscal years; and 

12 (B) be available in addition to any other 

13 funding available for similar purposes under 

14 any other Federal, State, local, or Tribal pro15 gram. 

16 (e) DEFINITIONS.—In this section: 

17 (1) ELIGIBLE AIRPORT.—The term ‘‘eligible 

18 airport’’ means an airport holding an Airport Oper19 ating Certificate issued under part 139. 

20 (2) PART 139.—The term ‘‘part 139’’ means 

21 part 139 of title 14, Code of Federal Regulations. 

22 (3) PFAS REPLACEMENT PROGRAM.—The term 

23 ‘‘PFAS replacement program’’ means the program 

24 established under subsection (a). 

Æ 


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