S.Amdt. 6429

This amendment, submitted by Mr. Ricketts, aims to add a section to the bill that provides exemptions from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for the release of certain perfluoroalkyl or polyfluoroalkyl substances (PFAS).

Purpose of the Amendment

The amendment is designed to protect specific groups from being forced to pay for the removal, remediation, or damages resulting from PFAS releases, provided they meet certain conditions.

Who is Exempt

The amendment provides exemptions for the following:

• Agricultural producers.
• Fire suppression entities, if the release came from a lawful discharge of foam using a system that meets fire codes and engineering standards.
• Resource management entities, if the release resulted from managing municipal solid waste residuals, biosolids, or compost according to law and permits.
• Sponsors (including airport sponsors), if the foam use was required by the Federal Aviation Administration and followed their guidance.
• Water or wastewater entities, if they handled the substances in a way consistent with laws and during the treatment or conveyance of water.

Exceptions to the Exemptions

These protections do not apply if the following occur:

• The entity acted with gross negligence or willful misconduct.
• A fire suppression entity continues to use the foam agent 5 years after approved engineering standards no longer require it.