118 S1432 IS: Fire Suppression PFAS Liability Protection Act 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. 1432IN 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 for the release of certain perfluoroalkyl or polyfluoroalkyl substances, and for other purposes.

1.

Short title

This Act may be cited as the Fire Suppression PFAS Liability Protection Act.

2.

Exemption under cercla

(a)

Definitions

In this section:(1)

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)).(2)

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). (3)

Lawful discharge

The term lawful discharge, with respect to an aqueous film forming foam agent, means a release of the aqueous film forming foam agent through equipment calibration, firefighter training, a timed-response drill, a scheduled release, an emergency response activity, or the use of a fire suppression system.(4)

Protected entity

The term protected entity means an entity with a fire suppression system installed, or otherwise in use, in accordance with applicable Federal, State, and local fire codes that uses an aqueous film forming foam that contains a covered perfluoroalkyl or polyfluoroalkyl substance.(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)

Requirement

Subsection (b) shall only apply if the release of the covered perfluoroalkyl or polyfluoroalkyl substance resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that—(1)conforms to applicable Federal, State, and local fire codes; and(2)is compliant with the most recently approved engineering standards at the time of the discharge.(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 the protected entity—(1)acts with gross negligence or willful misconduct in the discharge of the covered perfluoroalkyl or polyfluoroalkyl substance; or(2)continues to use an aqueous film forming foam agent in the fire suppression system of the protected entity on or after the date that is 5 years after the date on which approved engineering standards were updated to no longer require the use of an aqueous film forming foam.