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Airports PFAS Liability Protection Act
3/7/2024, 5:28 PM
Summary of Bill S 1433
PFAS are a group of man-made chemicals that have been used in a variety of products, including firefighting foam, non-stick cookware, and water-repellent fabrics. These chemicals have been linked to a number of health problems, including cancer and immune system disorders.
The Airports PFAS Liability Protection Act aims to shield airports from legal liability for the presence of PFAS on their property. This would help airports avoid costly lawsuits and cleanup efforts related to PFAS contamination. Supporters of the bill argue that airports should not be held responsible for the presence of PFAS, as they often have limited control over the use of these chemicals on their property. They also argue that the cost of cleaning up PFAS contamination can be prohibitively expensive for airports. Opponents of the bill, however, argue that it is important to hold airports accountable for the presence of PFAS on their property, as these chemicals can pose a serious risk to public health. They also argue that the bill could set a dangerous precedent by shielding other industries from liability for environmental contamination. Overall, the Airports PFAS Liability Protection Act is a controversial piece of legislation that raises important questions about environmental responsibility and public health. It remains to be seen whether the bill will ultimately be passed into law.
Congressional Summary of S 1433
Airports PFAS Liability Protection Act
This bill exempts airport sponsors from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. A sponsor is (1) a public agency that submits an application for financial assistance to the Department of Transportation (DOT) related to airport development and improvement, and (2) a private owner of a public-use airport that submits an application for financial assistance to DOT for the airport. Under the bill, a sponsor also includes a sponsor of the civilian portion of a joint-use airport or shared-use airport (i.e., airports owned by the government or military).
Under the bill, the exemption only applies if the release of PFAS resulted from the use of an aqueous film forming foam and the use was (1) required by the Federal Aviation Administration (FAA), and (2) carried out in accordance with applicable FAA standards and guidance
Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acts with gross negligence or willful misconduct in the use of an aqueous film forming foam.
