Fire Suppression PFAS Liability Protection Act

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1432 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1432

   To 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.


_______________________________________________________________________


                   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 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 ``Fire Suppression 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) 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.
                                 &lt;all&gt;
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