Airports PFAS Liability Protection Act

Bill: 118-s-1433
Sponsor: full_name: Sen. Lummis, Cynthia M. [R-WY]
Introduced: 2023-05-03
Policy area: Environmental Protection
Latest action: action_date: 2023-05-03
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2023-05-03
action_desc: Introduced in Senate
text: <p><b>Airports PFAS Liability Protection Act</b></p> <p>This bill exempts airport sponsors 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. A sponsor is (1) a public agency that submits an application for financial assistance to the Department of Transportation (DOT) related to airport development and improvement, and (2) a private owner of a public-use airport that submits an application for financial assistance to DOT for the airport. Under the bill, a sponsor also includes a sponsor of the civilian portion of a joint-use airport or shared-use airport (i.e., airports owned by the government or military).</p> <p>Under the bill, the exemption only applies if the release of PFAS resulted from the use of an aqueous film forming foam and the use was (1) required by the Federal Aviation Administration (FAA), and (2) carried out in accordance with applicable FAA standards and guidance</p> <p>Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acts with gross negligence or willful misconduct in the use of an aqueous film forming foam.</p>

tv_txt: II 118th CONGRESS 1st Session S. 1433 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.

1. Short title This Act may be cited as the Airports 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 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.