Water Systems PFAS Liability Protection Act

II 118TH CONGRESS 1ST SESSION S. 1430 To exempt certain entities from liability under the Comprehensive Environ- mental 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 Com- prehensive 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Water Systems PFAS 4 Liability Protection Act’’. 5 VerDate Sep 11 2014 22:21 May 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1430.IS S1430 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1430 IS SEC. 2. EXEMPTION OF WATER AND WASTEWATER TREAT- 1 MENT FACILITIES FROM CERCLA LIABILITY 2 FOR RELEASES OF PFAS. 3 (a) DEFINITIONS.—In this section: 4 (1) COVERED PERFLUOROALKYL OR 5 POLYFLUOROALKYL SUBSTANCE.—The term ‘‘cov- 6 ered perfluoroalkyl or polyfluoroalkyl substance’’ 7 means a non-polymeric perfluoroalkyl or 8 polyfluoroalkyl substance that contains at least 2 se- 9 quential fully fluorinated carbon atoms, excluding 10 gases and volatile liquids, that is a hazardous sub- 11 stance (as defined in section 101 of the Comprehen- 12 sive Environmental Response, Compensation, and 13 Liability Act of 1980 (42 U.S.C. 9601)). 14 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 15 has the meaning given the term in section 4 of the 16 Indian Self-Determination and Education Assistance 17 Act (25 U.S.C. 5304). 18 (3) PROTECTED ENTITY.—The term ‘‘protected 19 entity’’ means— 20 (A) a public water system (as defined in 21 section 1401 of the Safe Drinking Water Act 22 (42 U.S.C. 300f)); 23 (B) a publicly or privately owned or oper- 24 ated treatment works (as defined in section 212 25 VerDate Sep 11 2014 22:21 May 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1430.IS S1430 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1430 IS of the Federal Water Pollution Control Act (33 1 U.S.C. 1292)); 2 (C) a municipality to which a permit under 3 section 402 of the Federal Water Pollution 4 Control Act (33 U.S.C. 1342) is issued for 5 stormwater discharges; 6 (D) a political subdivision of a State or a 7 special district of a State acting as a wholesale 8 water agency; and 9 (E) a contractor performing the manage- 10 ment or disposal activities described in sub- 11 section (c) for an entity described in any of sub- 12 paragraphs (A) through (D). 13 (b) EXEMPTION.—Subject to subsection (c), no per- 14 son (including the United States, any State, or an Indian 15 Tribe) may recover costs or damages from a protected en- 16 tity under the Comprehensive Environmental Response, 17 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 18 et seq.) for costs arising from a release to the environment 19 of a covered perfluoroalkyl or polyfluoroalkyl substance. 20 (c) REQUIREMENTS.—Subsection (b) shall only apply 21 if a protected entity transports, treats, disposes of, or ar- 22 ranges for the transport, treatment, or disposal of a cov- 23 ered perfluoroalkyl or polyfluoroalkyl substance— 24 VerDate Sep 11 2014 22:21 May 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1430.IS S1430 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1430 IS (1) in a manner consistent with all applicable 1 laws at the time the activity is carried out; and 2 (2) during and following the conveyance or 3 treatment of water under Federal or State law, in- 4 cluding through— 5 (A) the management or disposal of bio- 6 solids consistent with section 405 of the Fed- 7 eral Water Pollution Control Act (33 U.S.C. 8 1345); 9 (B) the discharge of effluent in accordance 10 with a permit issued under section 402 of the 11 Federal Water Pollution Control Act (33 U.S.C. 12 1342); 13 (C) the release or disposal of water treat- 14 ment residuals or any other byproduct of drink- 15 ing water or wastewater treatment activities, 16 such as granulated activated carbon, filter 17 media, and processed waste streams; or 18 (D) the conveyance or storage of water for 19 the purpose of conserving or reclaiming the 20 water for water supply. 21 (d) SAVINGS PROVISION.—Nothing in this section 22 precludes liability for damages or costs associated with the 23 release of a covered perfluoroalkyl or polyfluoroalkyl sub- 24 stance by a protected entity if that protected entity acted 25 VerDate Sep 11 2014 22:21 May 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1430.IS S1430 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1430 IS with gross negligence or willful misconduct in the dis- 1 charge, disposal, management, conveyance, or storage of 2 the covered perfluoroalkyl or polyfluoroalkyl substance. 3 Æ VerDate Sep 11 2014 22:21 May 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1430.IS S1430 kjohnson on DSK79L0C42PROD with BILLS