[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1429 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1429
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 with
respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2023
Ms. Lummis (for herself, Mr. Boozman, Mr. Cramer, Mr. Graham, Mr.
Mullin, Mr. Ricketts, Mr. Sullivan, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To exempt certain entities from liability under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 with
respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resource Management PFAS Liability
Protection Act of 2023''.
SEC. 2. EXEMPTION FOR OWNERS AND OPERATORS OF CERTAIN RESOURCE
MANAGEMENT FACILITIES FROM CERCLA LIABILITY FOR RELEASES
OF PFAS.
(a) Definitions.--In this section:
(1) Compost.--The term ``compost'' has the meaning given
the term in section 205.2 of title 7, Code of Federal
Regulations (or a successor regulation).
(2) Covered perfluoroalkyl or polyfluoroalkyl substance.--
The term ``covered perfluoroalkyl or polyfluoroalkyl
substance'' means a non-polymeric perfluoroalkyl or
polyfluoroalkyl substance that contains at least 2 sequential
fully fluorinated carbon atoms, excluding gases and volatile
liquids, that is a hazardous substance (as defined in section
101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601)).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Protected entity.--The term ``protected entity'' means
an owner or operator (as defined in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601)) of--
(A) a solid waste management facility (as defined
in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903)); or
(B) a facility that processes compost for sale or
distribution to the public.
(b) Exemption.--Subject to subsection (c), no person (including the
United States, any State, or an Indian Tribe) may recover costs or
damages from a protected entity under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) for costs arising from a release to the environment of a covered
perfluoroalkyl or polyfluoroalkyl substance.
(c) Requirements.--Subsection (b) shall only apply if the release
of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected
entity resulted from--
(1) the disposal or management of any residuals or
byproduct of municipal solid waste in accordance with a permit
issued under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), or similar State or local authority;
(2) the disposal or management of biosolids consistent with
section 405 of the Federal Water Pollution Control Act (33
U.S.C. 1345); or
(3) the application or processing of compost in accordance
with State law.
(d) Savings Provision.--Nothing in this section precludes liability
for damages or costs associated with the release of a covered
perfluoroalkyl or polyfluoroalkyl substance by a protected entity if
that protected entity acted with gross negligence or willful misconduct
in the discharge, disposal, management, processing, conveyance, or
storage of the covered perfluoroalkyl or polyfluoroalkyl substance.
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