Resource Management PFAS Liability Protection Act of 2023

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. 1. Short title This Act may be cited as the Resource Management PFAS Liability Protection Act of 2023 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 (2) Covered perfluoroalkyl or polyfluoroalkyl substance The term covered perfluoroalkyl or polyfluoroalkyl substance 42 U.S.C. 9601 (3) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (4) Protected entity The term protected entity 42 U.S.C. 9601 (A) a solid waste management facility (as defined in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 (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. (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. 42 U.S.C. 6901 et seq. (2) the disposal or management of biosolids consistent with section 405 of the Federal Water Pollution Control Act ( 33 U.S.C. 1345 (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.

Summary: Resource Management PFAS Liability Protection Act of 2023 This bill exempts the owner or operator of a solid waste management facility or a facility that processes compost for sale or distribution to the public from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, such exemption only applies if the release of a PFAS resulted from (1) the disposal or management of any residuals or byproduct of municipal solid waste in accordance with a permit, (2) the disposal or management of biosolids consistent with the Federal Water Pollution Control Act, or (3) the application or processing of compost in accordance with state law. Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acted with gross negligence or willful misconduct.