Regulatory Alert: DOD and FAA Approve Third Fluorine-Free Firefighting Foam for Part 139 Airport Use
DOD and FAA Approve Third Fluorine-Free Firefighting Foam for Part 139 Airport Use
August 8, 2024
Today, the U.S. Department of Defense (DOD) identified National Foam’s Avio Green Mil 3% as the third fluorine-free firefighting foam (F3) agent that meets the department’s F3 performance standards. With DOD officially listing the product in its Qualified Product List (QPL) today, Avio Green becomes the third F3 agent to be approved by the Federal Aviation Administration (FAA) for use at Part 139 certificated airports. Since February, only two F3 products—the SOLBERG® 3% MIL-SPEC Synthetic Fluorine-Free Foam (SFFF) and the BIOEX ECOPOL A3+ MIL-SPEC—have been available to airports seeking to make the transition from AFFF to F3.
In terms of the broader industry transition effort, AAAE understands that a total of seven Part 139 airports have fully transitioned, and we are increasingly hearing from members about their ongoing development of F3 transition plans, signaling that more are on the horizon. As part of the recently passed FAA Reauthorization Act, AAAE and the airport community successfully convinced Congress to authorize $350 million for a PFAS Replacement Grant Program to help airports transition to F3. One priority for AAAE in the months ahead is to secure funding for the new program as part of the FY25 DOT/FAA spending bill.
A significant number of developments regarding the F3 transition have occurred in the past year. An overview of major updates of which airports should be aware is provided below.
Background. In early 2023, the U.S. Navy published a military specification for F3 agents (“F3 MIL-SPEC”), known as performance standards, that is being used by FAA for certifying F3 products for use at Part 139 airports. With the QPL update today, three F3 products have now been found to meet the F3 MIL-SPEC: (1) the SOLBERG® 3% MIL-SPEC SFFF, (2) the BIOEX ECOPOL A3+ MIL-SPEC, and (3) National Foam’s Avio Green Mil 3%. FAA permits Part 139 airports to substitute AFFF for any F3 agent that is listed in the DOD’s QPL.
With approved products on the market, airports have shifted their attention to understanding how to make the transition, including any modifications that need to be made to ARFF vehicles, protocols for cleaning these vehicles, and disposal of PFAS-containing products, among other things.
Key Points of Emphasis on F3 Transition. With three F3 products listed in the QPL, it is important to remember some key points of emphasis as your airport considers whether and how to make the transition to F3. Based on the documents and conversations with subject matter experts, we have put together the following key points of emphasis that airports should know, including references to resources that the federal government has published to date:
• F3 Transition Not Mandatory: Part 139 airports are not required by FAA to transition to F3 and may continue to use AFFF. However, some states have enacted legislation that prohibits the use of AFFF after a specific period of time. In addition, manufacturers are beginning to phase out the sale and production of AFFF, which may result in some airports having to make the transition sooner.
• Compatibility with Other F3 Agents: F3 agents lack compatibility with other F3 agents, which means they cannot be mixed together. Airports are expected to ensure that F3 from one manufacturer is not added or mixed with F3 from another manufacturer. FAA recommends that airports have sufficient quantities of the certified F3 product that the airport chooses to use to mitigate the risk of having to procure an alternative F3 product and potentially mixing F3 from different manufacturers.
• Understanding How F3 Performs: F3 and AFFF perform very differently from one another, and the appropriate tactics and techniques to successfully apply F3 are not the same. Airports need to ensure their firefighters are well trained on how to properly use F3. In November 2023, FAA hosted a “Fluorine Free Foam (F3) Transition Awareness Webinar” that significantly focused on the performance of F3 for training purposes. A recording is available here.
• Considerations for Transition Planning: In its transition plan, FAA noted that each ARFF vehicle would need to be taken out of service for five days or more to make the transition. This may require some airports to borrow or rent an ARFF vehicle to maintain index requirements. The agency also outlined a series of other factors that the agency believes airports should consider as they look to transition to F3, including the storage of new foam, unused AFFF products, and any cleaning rinsate; potential state “takeback” programs for AFFF that may be available; and state and local environmental requirements; among others.
• Rinsing and/or Cleaning ARFF Equipment: In March, DOD released guidance on the minimum requirements that the department must follow to ensure AFFF is rinsed from its ARFF vehicles and mobile systems. The policy, which requires at least a single water rinse of the entire system, is part of DOD’s broader department-wide effort to transition to F3 agents. The guidance is only mandatory for DOD and its components, not Part 139 airports. However, an airport interested in making the transition to F3 agents should consider the policy as it develops a transition plan.
• Disposal of AFFF and PFAS-Containing Materials: DOD and EPA have released resources that airports may find helpful when considering disposal options. In March, DOD outlined how the department plans to dispose of rinsate and other PFAS-containing materials that will be generated as part of the department’s transition to F3. In April, EPA released updated guidance on different methodologies to dispose and destroy AFFF, focusing on three large-scale technologies available to control and mitigate its environmental release (underground injection, landfilling, and thermal treatment). Airports may find DOD’s approach more practical than EPA’s guidance.
PFAS Replacement Grant Program. In the recently passed FAA Reauthorization Act, Congress authorized $350 million for a new PFAS Replacement Grant Program to reimburse Part 139 certificated airports for costs associated with the F3 transition. If program funding becomes available, each Part 139 airport would receive a grant based on the airport’s required AFFF concentrate level relative to the total required AFFF concentrate levels for all Part 139 airports. In a letter to the FAA Administrator in July, we urged FAA to provide guidance to airports as soon as possible on any conditions that airports need to be aware of to ensure any costs airport incur in the coming months are reimbursable. AAAE has prepared a one-page overview of the PFAS Replacement Grant Program, which is accessible here.
In terms of the prospect of funding, the House Appropriations Committee and the Senate Appropriations Committee have both approved their versions of the FY25 DOT/FAA spending bill. While the House bill does not contain any funding for the PFAS Replacement Grant Program, the Senate bill provides $70 million to help airports with the transition. One of our priorities in the months ahead is to ensure any final DOT/FAA spending bill for FY25 contains funding for this new program.
What’s Next? AAAE will keep our members apprised of any additional F3 agents that are approved and listed in the DOD’s QPL, additional resources that become available to help airports make the transition, and any updates on the new PFAS Replacement Grant Program. We will also continue to work with and press FAA, EPA, and lawmakers to ensure that airports have the resources and guidance they need to transition from AFFF to F3 agents.
Resources on F3 Transition
• DOD’s Qualified Products List for F3 Agents Certified Under MIL-PRF-32725
• AAAE’s Overview of the PFAS Replacement Grant Program
• FAA’s “F3 Transition for Aircraft Firefighting” Website
• FAA Part 139 Cert Alert, “Department of Defense’s (DoD’s) Memorandum on Rinsing Aircraft Rescue Firefighting (ARFF) Vehicles Transitioning from Aqueous Film Forming Foam (AFFF) to Fluorine-Free Foam (F3),” dated May 8, 2024
• EPA Interim Guidance, “Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances—Version 2,” dated April 8, 2024
• DOD Memorandum, “Guidance for the Change Out from Aqueous Film Forming Foam in Mobile Firefighting Systems,” dated March 5, 2024
• FAA’s “Fluorine Free Foam (F3) Transition Awareness Webinar,” held in November 2023
• FAA’s Advisory Circular, 150/5210-6E, “Aircraft Fire Extinguishing Agents,” dated November 27, 2023
• DOD’s Memorandum, “Guidance on Incineration of Materials Containing Per- and Polyfluoroalkyl Substances,” dated July 14, 2023
• DOD’s Memorandum, “Interim Guidance on Destruction or Disposal of Materials Containing Per- and Polyfluoroalkyl Substances in the United States,” dated July 11, 2023
• FAA’s “Aircraft Firefighting Foam Transition Plan,” dated May 8, 2023
• FAA Part 139 Cert Alert, “New Military Specification for Performance-Based Standards for Fluorine-Free Aircraft Fire Fighting Foam,” dated January 12, 2023
