§44706 Airport operating certificates

of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. Deemed References to Chapters 509 and 511 of Title 51General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title. PFAS-Related Resources for Airports Pub. L. 118–63, title VII, § 767,

May 16, 2024, 138 Stat. 1291, provided that: “(a) PFAS Replacement Program for Airports.—Not later than 90 days after the date of enactment of this Act [

May 16, 2024], the Secretary [of Transportation], in consultation with the Administrator of the Environmental Protection Agency, shall establish a program to reimburse sponsors of eligible airports for the reasonable and appropriate costs incurred after

September 12, 2023, and associated with any of the following:“(1) The one-time initial acquisition by the sponsor of an eligible airport of an approved fluorine-free firefighting agent under Military Specification MIL–PRE–32725, dated

January 12, 2023, in a quantity of—“(A) the capacity of all required aircraft rescue and firefighting equipment listed in the most recent FAA [Federal Aviation Administration]-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and “(B) twice the quantity carried onboard each required truck available in the fire station for the eligible airport. “(2) The disposal of perfluoroalkyl or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent, including aqueous film-forming agents currently in firefighting equipment and vehicles and any wastewater generated during the cleaning of firefighting equipment and vehicles. “(3) The cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent. “(4) The acquisition of any equipment, or components thereof, necessary to facilitate the transition to such approved fluorine-free firefighting agent. “(5) The replacement of any aircraft rescue and firefighting equipment determined necessary to be replaced by the Secretary. “(b) Distribution of Funds.—“(1) Grants to replace aircraft rescue and firefighting vehicles.—“(A) In general.—Of the amounts made available to carry out the PFAS replacement program, the Secretary [of Transportation] shall reserve up to $30,000,000 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 firefighting foam for the replacement of aircraft rescue and firefighting vehicles. “(B) Amount.—The maximum amount of a grant made under subparagraph (A) may not exceed $2,000,000. “(2) Remaining amounts.—“(A) Determination of need.—With respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine—“(i) for each eligible airport, the total amount of such concentrate required for all of the federally required aircraft rescue and firefighting vehicles that meet index requirements under part 139, in gallons; and “(ii) for all eligible airports, the total amount of firefighting foam concentrate, in gallons. “(B) Determination of grant amounts.—The Secretary shall make a grant to the sponsor of each eligible airport in an amount equal to the product of—“(i) the amount of funds made available to carry out this section that remain available after the Secretary reserves the amount described in paragraph (1); and “(ii) the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii). “(c) Program Requirements.—“(1) In general.—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 approved fluorine-free firefighting foams. “(2) Compliance with applicable law.—To be eligible for reimbursement under the program established under subsection (a), the sponsor of an eligible airport shall carry out all actions related to the acquisition, disposal, and transition to approved fluorine-free firefighting foams, including the cleaning and disposal of equipment, in full compliance with all applicable Federal laws in effect at the time of obligation of a grant under this section. “(3) Federal share.—The Federal share of allowable costs under the PFAS replacement program shall be 100 percent. “(d) Authorization of Appropriations.—“(1) In general.—There is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program. “(2) Requirements.—Amounts made available to carry out the PFAS replacement program shall—“(A) remain available for expenditure for a period of 5 fiscal years; and “(B) be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program. “(e) Definitions.—In this section:“(1) Eligible airport.—The term ‘eligible airport’ means an airport holding an Airport Operating Certificate issued under part 139. “(2) Part 139.—The term ‘part 139’ means part 139 of title 14, Code of Federal