Fire Suppression PFAS Liability Protection Act

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. 1. Short title This Act may be cited as the Fire Suppression 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 42 U.S.C. 9601 (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Lawful discharge The term lawful discharge (4) Protected entity The term protected entity (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. (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.

Summary: Fire Suppression PFAS Liability Protection Act This bill exempts entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for certain releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, the bill applies to entities with a fire suppression system installed (or otherwise in use) in accordance with applicable fire codes that uses an aqueous film forming foam that contains PFAS. Under the bill, the exemption only applies if the release of PFAS resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that conforms to applicable fire codes and is compliant with the most recently approved engineering standards at the time of discharge. Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity (1) acts with gross negligence or willful misconduct, or (2) continues to use an aqueous film forming foam agent in its fire suppression system five years after the date on which approved engineering standards were updated to no longer require the use of such foam.