S.Amdt. 3363

This amendment, submitted by Mr. Ricketts for bill S. 2296, aims to add a new section (SEC. 1067) to provide specific exemptions from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for the release of "covered perfluoroalkyl or polyfluoroalkyl substances" (PFAS).

The purpose of this addition is to prevent the recovery of costs or damages from certain groups and entities, provided they meet specific requirements. The exempted groups include:

• Agricultural producers
• Fire suppression entities, if the release was a "lawful discharge" using a system that meets fire codes and engineering standards.
• Resource management entities, if the release happened during the disposal or management of municipal solid waste residuals, biosolids, or the processing of compost according to law.
• Sponsors (including those of certain airports), if the release resulted from using an aqueous film forming foam required by the Federal Aviation Administration and done according to its standards.
• Water or wastewater entities, if they handled the substances in a manner consistent with applicable laws during the treatment, transport, or disposal of water and byproducts.

The amendment also includes a "Savings Provision" to ensure that these exemptions do not apply if the entity acted with gross negligence or willful misconduct. Additionally, fire suppression entities lose their exemption if they continue using the foam five years after engineering standards no longer require it.