S 1672119th CongressIn Committee

Forest Protection and Wildland Firefighter Safety Act of 2025

Introduced: May 8, 2025

Environment & Climate

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Forest Protection and Wildland Firefighter Safety Act of 2025 would amend the Federal Water Pollution Control Act (the Clean Water Act) to bar the requirement for an NPDES permit for a specific kind of discharge. Specifically, it would exempt from NPDES permitting any discharge that results from the aerial application (such as by aircraft) of a fire-control and suppression product that appears on the Forest Service’s most current Qualified Products List (or any successor list). The bill is aimed at facilitating rapid aerial fire-fighting operations while maintaining a pre-vetted list of approved products. The measure is introduced in the Senate by Senator Lummis (with several cosponsors) and referred to the Environment and Public Works Committee. In short, if an aerial fire-suppressant product is on the Forest Service’s approved list, its discharge would not require an NPDES permit under the act, reducing regulatory friction during firefighting operations. The text also makes several drafting changes to how the existing exemption is described and cross-referenced.

Key Points

1The bill amends Section 402(l)(3) of the Federal Water Pollution Control Act to add an exemption for aerially applied fire-control and suppression products on the Forest Service Qualified Products List.
2The exemption applies specifically to discharges resulting from the aerial application of such listed products (i.e., helicopters, planes dropping retardants or similar agents used in firefighting).
3The qualifying products must appear on the most current Forest Service Qualified Products List (or a successor list) to qualify for the exemption.
4The draft also reorganizes and clarifies cross-references related to the exemption (adjusting how the applicability and statutory references are stated).
5The bill’s short title is the Forest Protection and Wildland Firefighter Safety Act of 2025; it is introduced but not yet enacted, with sponsorship in the Senate by Ms. Lummis and several colleagues.

Impact Areas

Primary group/area affected- Federal wildfire management agencies (notably the Forest Service) and aerial firefighting operators; contractors and personnel involved in wildland fire suppression.Secondary group/area affected- State and local agencies that handle water pollution permits and permitting processes; downstream water users and stakeholders concerned with water quality may be affected by the regulatory change.Additional impacts- Administrative/regulatory: reduces regulatory burden for firefighting operations by removing the need for an NPDES permit for specific, already-vetted products used in aerial fire suppression.- Environmental/safety considerations: maintains environmental safeguards by tying the exemption to products on a Forest Service list; however, it could shift some oversight from the permit process to list-management and product vetting.- Compliance landscape: states and local authorities may need to align their own permitting requirements with the federal exemption; potential questions about how this interacts with state water quality rules and non-NPDE pollutants.

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