Resource Management PFAS Liability Protection Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1429 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 ‘‘Resource Management 4 PFAS Liability Protection Act of 2023’’. 5 VerDate Sep 11 2014 22:20 May 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1429.IS S1429 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1429 IS SEC. 2. EXEMPTION FOR OWNERS AND OPERATORS OF 1 CERTAIN RESOURCE MANAGEMENT FACILI- 2 TIES FROM CERCLA LIABILITY FOR RE- 3 LEASES OF PFAS. 4 (a) DEFINITIONS.—In this section: 5 (1) COMPOST.—The term ‘‘compost’’ has the 6 meaning given the term in section 205.2 of title 7, 7 Code of Federal Regulations (or a successor regula- 8 tion). 9 (2) COVERED PERFLUOROALKYL OR 10 POLYFLUOROALKYL SUBSTANCE.—The term ‘‘cov- 11 ered perfluoroalkyl or polyfluoroalkyl substance’’ 12 means a non-polymeric perfluoroalkyl or 13 polyfluoroalkyl substance that contains at least 2 se- 14 quential fully fluorinated carbon atoms, excluding 15 gases and volatile liquids, that is a hazardous sub- 16 stance (as defined in section 101 of the Comprehen- 17 sive Environmental Response, Compensation, and 18 Liability Act of 1980 (42 U.S.C. 9601)). 19 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 20 has the meaning given the term in section 4 of the 21 Indian Self-Determination and Education Assistance 22 Act (25 U.S.C. 5304). 23 (4) PROTECTED ENTITY.—The term ‘‘protected 24 entity’’ means an owner or operator (as defined in 25 section 101 of the Comprehensive Environmental 26 VerDate Sep 11 2014 22:20 May 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1429.IS S1429 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1429 IS Response, Compensation, and Liability Act of 1980 1 (42 U.S.C. 9601)) of— 2 (A) a solid waste management facility (as 3 defined in section 1004 of the Solid Waste Dis- 4 posal Act (42 U.S.C. 6903)); or 5 (B) a facility that processes compost for 6 sale or distribution to the public. 7 (b) EXEMPTION.—Subject to subsection (c), no per- 8 son (including the United States, any State, or an Indian 9 Tribe) may recover costs or damages from a protected en- 10 tity under the Comprehensive Environmental Response, 11 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 12 et seq.) for costs arising from a release to the environment 13 of a covered perfluoroalkyl or polyfluoroalkyl substance. 14 (c) REQUIREMENTS.—Subsection (b) shall only apply 15 if the release of a covered perfluoroalkyl or polyfluoroalkyl 16 substance by a protected entity resulted from— 17 (1) the disposal or management of any residu- 18 als or byproduct of municipal solid waste in accord- 19 ance with a permit issued under the Federal Water 20 Pollution Control Act (33 U.S.C. 1251 et seq.), the 21 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 22 or similar State or local authority; 23 VerDate Sep 11 2014 22:20 May 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1429.IS S1429 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1429 IS (2) the disposal or management of biosolids 1 consistent with section 405 of the Federal Water 2 Pollution Control Act (33 U.S.C. 1345); or 3 (3) the application or processing of compost in 4 accordance with State law. 5 (d) SAVINGS PROVISION.—Nothing in this section 6 precludes liability for damages or costs associated with the 7 release of a covered perfluoroalkyl or polyfluoroalkyl sub- 8 stance by a protected entity if that protected entity acted 9 with gross negligence or willful misconduct in the dis- 10 charge, disposal, management, processing, conveyance, or 11 storage of the covered perfluoroalkyl or polyfluoroalkyl 12 substance. 13 Æ VerDate Sep 11 2014 22:20 May 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1429.IS S1429 kjohnson on DSK79L0C42PROD with BILLS