This week I joined Senators Mike Crapo and Jim Risch, and Representative Russ Fulcher in cosponsoring the Forest Protection and Wildland Firefighter Safety Act of 2023. The legislation was introduced in both chambers of Congress and would create a Clean Water Act exemption for federal, state, local, and tribal firefighting agencies to use fire retardant to fight wildfires.
Currently, the Forest Service and other agencies are operating under the assumption that a National Pollutant Discharge Elimination System (NPDES) permit is not required for the use of fire retardant due to existing regulations and prior communications from the EPA that indicated a permit is not required.
Unfortunately, despite fire retardant’s long use as a safe, legal, and critical tool for suppressing wildfires, its use is under threat for the current and future fire seasons due to pending litigation. This bill would ensure it is available for protecting firefighters, families, and infrastructure in forested communities.