Resource Management PFAS Liability Protection Act of 2023

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1429 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1429

   To 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.


_______________________________________________________________________


                   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 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.

    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 ``Resource Management PFAS Liability 
Protection Act of 2023''.

SEC. 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.
                                 &lt;all&gt;
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