Airports PFAS Liability Protection Act

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1433 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1433

     To 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.


_______________________________________________________________________


                   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 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.

    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 ``Airports PFAS Liability Protection 
Act''.

SEC. 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.
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