118 S1429 IS: Resource Management PFAS Liability Protection Act of 2023 U.S. Senate 2023-05-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 1429IN THE SENATE OF THE UNITED STATESMay 3, 2023Ms. 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 WorksA BILLTo 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.

1.

Short title

This Act may be cited as the Resource Management PFAS Liability Protection Act of 2023.

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.