118 S1433 IS: Airports 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. 1433IN 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 aviation 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 Airports 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)

Sponsor

The term sponsor has the meaning given the term in section 47102 of title 49, United States Code. (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 sponsor, including a sponsor of the civilian portion of a joint-use airport or a shared-use airport (as those terms are defined in section 139.5 of title 14, Code of Federal Regulations (or a successor regulation)), 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—(1)if the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a sponsor resulted from the use of an aqueous film forming foam; and(2)if the use described in paragraph (1) was—(A)required by the Federal Aviation Administration for compliance with part 139 of title 14, Code of Federal Regulations (or successor regulations); and (B)carried out in accordance with Federal Aviation Administration standards and guidance on the use of that substance.(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 sponsor if that sponsor acted with gross negligence or willful misconduct in the use of an aqueous film forming foam.