Sec. 626. PFAS-related resources for airports
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/bill/118/s/1939/is/section-626·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date on which the Department of Defense approves a fluorine-free firefighting agent to the Qualified Products’ List for products meeting Military Specification MIL-PRE-32725, dated January 12, 2023, the Secretary 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:
The one-time initial acquisition by an eligible airport of fluorine-free firefighting alternatives for— 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 twice the quantity carried onboard each required truck available in the fire station for the eligible airport 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. 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. Any equipment or components thereof necessary to facilitate the transition to an acceptable fluorine-free agent. Replacement of aircraft rescue and firefighting
(ARFF)equipment as determined by the Secretary as necessary to be replaced. The Secretary shall reserve up to $30,000,000 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. No grant made to an eligible airport under subparagraph
(A)shall exceed $2,000,000. 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— 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 the total amount of nationwide firefighting foam concentrate, in gallons. 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— the amount of such remaining funds; and the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii). 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. 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. The Government’s share of allowable costs under the PFAS replacement program shall be 100 percent. There is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program. Amounts appropriated to carry out the PFAS replacement program shall— remain available for expenditure for a period of 5 fiscal years; and be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program. In this section: The term eligible airport means an airport holding an Airport Operating Certificate issued under part 139. The term part 139 means part 139 of title 14, Code of Federal Regulations. The term PFAS replacement program means the program established under subsection (a).