[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3550-S3551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6429. Mr. RICKETTS submitted an amendment intended to be proposed
by him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 1___. EXEMPTIONS FROM CERCLA LIABILITY FOR RELEASES OF
PFAS.
(a) Definitions.--In this section:
(1) Agricultural producer.--The term ``agricultural
producer'' means a person engaged in the production or
harvesting of agricultural products (as defined in section
207 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1626)).
(2) 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).
(3) 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)).
(4) Fire suppression entity.--The term ``fire suppression
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.
(5) 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).
(6) 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.
(7) Resource management entity.--The term ``resource
management 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.
(8) Sponsor.--The term ``sponsor'' has the meaning given
the term in section 47102 of title 49, United States Code.
(9) Water or wastewater entity.--The term ``water or
wastewater entity'' means--
(A) a public water system (as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f));
(B) a publicly or privately owned or operated treatment
works (as defined in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292));
(C) a municipality to which a permit under section 402 of
the Federal Water Pollution Control Act (33 U.S.C. 1342) is
issued for stormwater discharges;
(D) a political subdivision of a State or a special
district of a State acting as a wholesale water agency; and
(E) a contractor performing the management or disposal
activities described in subsection (b)(2)(D) for an entity
described in any of subparagraphs (A) through (D).
(b) Exemption for Fire Suppression Entities, Resource
Management Entities, Sponsors, and Water or Wastewater
Entities.--
(1) In general.--Subject to paragraph (2), no person
(including the United States, any State, or an Indian Tribe)
may recover costs or damages from a fire suppression entity,
a resource management entity, 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)), or a water or wastewater entity, or compel a
resource management entity to conduct or participate in a
removal or response action, under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) for costs of responding to,
abating, removing, remediating, or other damages or costs
arising from a release or threatened release to the
environment of a covered perfluoroalkyl or polyfluoroalkyl
substance.
(2) Requirements.--Paragraph (1) shall only apply under the
following circumstances:
(A) Fire suppression entities.--In the case of a release or
threatened release of a covered perfluoroalkyl or
polyfluoroalkyl substance by a fire suppression entity, if
the release or threatened release resulted from the lawful
discharge of an aqueous film forming foam in connection with
a fire suppression system that--
(i) conforms to applicable Federal, State, and local fire
codes; and
(ii) is compliant with the most recently approved
engineering standards at the time of the discharge.
(B) Resource management entities.--In the case of a release
or threatened release of a covered perfluoroalkyl or
polyfluoroalkyl substance by a resource management entity, if
the release or threatened release resulted from--
(i) the disposal, management, transportation, processing,
treatment, generation, or arrangement for disposal of any
residuals or byproduct of municipal solid waste (including
landfill leachate) in accordance with a permit, registration,
license, regulation, or authorization 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;
[[Page S3551]]
(ii) the disposal or management of biosolids consistent
with section 405 of the Federal Water Pollution Control Act
(33 U.S.C. 1345); or
(iii) the application or processing of compost in
accordance with State law.
(C) Sponsors.--In the case of a release or threatened
release of a covered perfluoroalkyl or polyfluoroalkyl
substance by a sponsor--
(i) if the release or threatened release resulted from the
use of an aqueous film forming foam; and
(ii) if the use described in clause (i) was--
(I) required by the Federal Aviation Administration for
compliance with part 139 of title 14, Code of Federal
Regulations (or successor regulations); and
(II) carried out in accordance with Federal Aviation
Administration standards and guidance on the use of that
substance.
(D) Water or wastewater entities.--In the case of a release
or threatened release of a covered perfluoroalkyl or
polyfluoroalkyl substance by a water or wastewater entity, if
the water or wastewater entity transported, treated, disposed
of, or arranged for the transport, treatment, or disposal of
the covered perfluoroalkyl or polyfluoroalkyl substance--
(i) in a manner consistent with all applicable laws at the
time the activity was carried out; and
(ii) during and following the conveyance or treatment of
water under Federal or State law, including through--
(I) the management or disposal of biosolids consistent with
section 405 of the Federal Water Pollution Control Act (33
U.S.C. 1345);
(II) the discharge of effluent in accordance with a permit
issued under section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342);
(III) the release or disposal of water treatment residuals
or any other byproduct of drinking water or wastewater
treatment activities, such as granulated activated carbon,
filter media, and processed waste streams; or
(IV) the conveyance or storage of water for the purpose of
conserving or reclaiming the water for water supply.
(c) Exemption for Agricultural Producers.--No person
(including the United States, any State, or an Indian Tribe)
may recover costs or damages from an agricultural producer
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs
of responding to, abating, removing, remediating, or other
damages or costs arising from a release or threatened release
to the environment of a covered perfluoroalkyl or
polyfluoroalkyl substance.
(d) Savings Provision.--Nothing in this section precludes
liability for damages or costs associated with the release or
threatened release of a covered perfluoroalkyl or
polyfluoroalkyl substance by--
(1) an agricultural producer, a resource management entity,
or a water or wastewater entity if the agricultural producer,
resource management entity, or water or wastewater entity
acted with gross negligence or willful misconduct in the
discharge, disposal, management, conveyance, storage,
transportation, processing, treatment, generation, or
arrangement for disposal of the covered perfluoroalkyl or
polyfluoroalkyl substance;
(2) a fire suppression entity if the fire suppression
entity--
(A) acted with gross negligence or willful misconduct in
the discharge of the covered perfluoroalkyl or
polyfluoroalkyl substance; or
(B) continues to use an aqueous film forming foam agent in
the fire suppression system of the fire suppression 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; or
(3) a sponsor if the sponsor acted with gross negligence or
willful misconduct in the use of an aqueous film forming
foam.
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