Wildland Firefighter Safety bill on fire retardant passes US House
Iain Hoey
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Washington bill on Wildland Firefighter Safety backs aerial fire retardant use
The Office of Congressman Doug LaMalfa said the Forest Protection and Wildland Firefighter Safety Act passed the US House as part of a wider permitting reform package, the PERMIT Act, in Washington, D.C.
The office said the bill was introduced by Congressman Doug LaMalfa (R-Richvale).
It said the bill is intended to keep aerial fire retardant available for wildfire response without Clean Water Act permitting delays.
Wildland Firefighter Safety and fire retardant use
The office said a 2023 federal court ruling imposed additional requirements linked to the use of aerial fire retardant by the U.S. Forest Service and other firefighting entities.
It said those restrictions risk slowing response times during wildfire incidents.
The office said the bill would clarify that a National Pollutant Discharge Elimination System (NPDES) permit is not required for the Forest Service to apply fire retardants from planes or helicopters to combat wildfires, if the retardants are on the current applicable Qualified Products List maintained by the Forest Service.
It said the provisions build on existing permitting exemptions for firefighting activities already in law.
Lawsuit background and permit timelines
The office said Forest Service Employees for Environmental Ethics sued the U.S. Forest Service in 2022 over the absence of an NPDES permit for aerially discharged fire retardant.
It said a federal court ruled in 2023 that the Forest Service must obtain an NPDES permit from the Environmental Protection Agency (EPA) for aerial application of fire retardants.
It said the court did not grant the request for an injunction to block the Forest Service’s use of these products.
The office said Forest Service testimony to the House Natural Resources Committee in 2023 stated the agency believes an NPDES permit is not needed based on EPA guidance issued in 2003.
It said the Forest Service’s 2011 Nationwide Aerial Application of Fire Retardant on National Forest System Land Record of Decision prohibits discharge into bodies of water and buffer areas around those waters.
It said the Forest Service stated that, over the past 10 years, less than 1% of retardant drops impacted American waterways.
It said the Forest Service stated the EPA could take up to three years to issue an NPDES permit, followed by state permitting across 47 states.
Comments from LaMalfa and the Forest Service
Rep. Doug LaMalfa said: “With wildfire season now practically year-round and more destructive than ever, preventing or limiting the use of any fire retardant because someone insists on a permit first is completely backwards.
“Aerial fire retardant has been used safely for decades and is already highly regulated.
“These lawsuits don’t protect the environment; they tie firefighters’ hands while fires race through forests and towards homes. I’m glad to see the PERMIT Act passed the House with my bill included. It ensures our crews can act quickly, without being tripped up by fringe litigation or years of paperwork.”
Tom Schultz, U.S. Forest Service Chief, said: “Aerially delivered long-term fire retardant is an essential tool the Forest Service and the interagency wildfire response community use in support of ground-based firefighting resources.
“We thank Chairman LaMalfa for leading legislation to ensure retardant remains a tool in the wildland firefighting toolbox to protect homes and communities from the devastating impacts of catastrophic wildland fire.”
What this could change for incident planning
Fire Chiefs and senior officers with responsibility for wildfire operations may track this measure because it focuses on continued access to aerial fire retardant as part of interagency response planning.
Government departments and emergency and disaster response managers may review how the bill’s approach aligns with existing Clean Water Act exemptions for firefighting runoff described in the source material.
Training officers and instructors involved in wildland tactics may also monitor the outcome because the Forest Service position in the material describes long-term retardant as supporting ground-based resources by altering how wildfire burns and slowing fire spread after water evaporates.
Fire engineering consultants and risk assessors working with public agencies may pay attention to the permitting timeline claims in the material, including the stated three-year federal process and additional state permits, when considering operational continuity and contingency planning.