0
Fire Suppression PFAS Liability Protection Act
3/7/2024, 5:28 PM
Summary of Bill S 1432
PFAS are a group of man-made chemicals that have been linked to various health issues, including cancer and reproductive problems. These chemicals are commonly found in firefighting foam used to combat fires involving flammable liquids.
The Fire Suppression PFAS Liability Protection Act would shield fire departments from legal liability related to the use of PFAS-containing firefighting foam. This protection would apply to situations where the foam is used in response to emergencies involving flammable liquids, such as oil spills or chemical fires. Supporters of the bill argue that it is necessary to ensure that fire departments are able to effectively respond to emergencies without fear of facing costly lawsuits. They also point out that PFAS-containing firefighting foam is currently the most effective option for combating certain types of fires. Critics of the bill, however, raise concerns about the potential health and environmental risks associated with PFAS exposure. They argue that the use of these chemicals in firefighting foam could have long-term consequences for both firefighters and the communities they serve. Overall, the Fire Suppression PFAS Liability Protection Act is a complex piece of legislation that seeks to balance the need for effective fire suppression with concerns about the health and environmental impacts of PFAS. Its fate in Congress remains uncertain as lawmakers continue to debate the issue.
Congressional Summary of S 1432
Fire Suppression PFAS Liability Protection Act
This bill exempts entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for certain releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, the bill applies to entities with a fire suppression system installed (or otherwise in use) in accordance with applicable fire codes that uses an aqueous film forming foam that contains PFAS.
Under the bill, the exemption only applies if the release of PFAS resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that conforms to applicable fire codes and is compliant with the most recently approved engineering standards at the time of discharge.
Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity (1) acts with gross negligence or willful misconduct, or (2) continues to use an aqueous film forming foam agent in its fire suppression system five years after the date on which approved engineering standards were updated to no longer require the use of such foam.
