PFAS AMENDMENT TO THE NATIONAL DEFENSE AUTHORIZATION ACT
August 21, 2019
On July 12, 2019, the U.S. House of Representatives passed its version of the National Defense Authorization Act, which came shortly after the U.S. Senate passed its own version in June. Both bills contain provisions that would allow the Environmental Protection Agency (EPA) to take action against per- and polyfluoroalkyl substances (PFAS). However, the House version contains a PFAS-related amendment that would negatively impact airports, as the amendment would designate all PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
The ACI-NA has pushed back strongly against the amendment’s inclusion in any final legislation, as the FAA requires airports to use aqueous film forming foam (AFFF), the firefighting foam used to suppress fires at airports which contains PFAS, and the FAA has not approved any alternative, non-fluorinated firefighting foam. The ACI-NA has argued that if this amendment were to be enacted, airports would be stuck between an FAA requirement mandating the use of firefighting foams containing PFAS and a new EPA requirement that could classify those compounds as a hazardous substance.
The next step for the legislation is for negotiators from the House and Senate to meet and agree on a final version that would then be brought before the House and Senate for a final vote before it ultimately goes to the President’s desk.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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