Sec. 2. Designation as hazardous substances
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Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall designate perfluorooctanoic acid and its salts, and perfluoroactanesulfonic acid and its salts, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9602(a) ). Not later than 5 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall determine whether to designate all perfluoroalkyl and polyfluoroalkyl substances, other than those perfluoroalkyl and polyfluoroalkyl substances designated pursuant to subsection (a), as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9602(a) ) individually or in groups.
No sponsor, including a sponsor of the civilian portion of a joint-use airport or a shared-use airport (as such terms are defined in section 139.5 of title 14, Code of Federal Regulations (or a successor regulation)), shall be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.) for the costs of responding to, or damages resulting from, a release to the environment of a perfluoroalkyl or polyfluoroalkyl substance designated as a hazardous substance under section 102(a) of such Act that resulted from the use of aqueous film forming foam agent, if such use was— required by the Federal Aviation Administration for compliance with part 139 of title 14, Code of Federal Regulations; and carried out in accordance with Federal Aviation Administration standards and guidance on the use of such substance.
In this subsection, the term sponsor has the meaning given such term in section 47102 of title 49, United States Code. Not later than 60 days after making a determination under subsection (b), the Administrator of the Environmental Protection Agency shall make the results of such determination publicly available on the website of the Environmental Protection Agency. Not later than 5 years after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to the appropriate congressional committees a report containing a review of actions by the Environmental Protection Agency to clean up contamination of the substances designated pursuant to subsection (a).
The report under paragraph
(1)shall include an assessment of cleanup progress and effectiveness, including the following: The number of sites where the Environmental Protection Agency has acted to remediate contamination of the substances designated pursuant to subsection (a). Which types of chemicals relating to such substances were present at each site and the extent to which each site was contaminated. An analysis of discrepancies in cleanup between Federal and non-Federal contamination sites. Any other elements the Administrator may determine necessary. In this subsection, the term appropriate congressional committees means the following: The Committee on Energy and Commerce of the House of Representatives. The Committee on the Environment and Public Works of the Senate.
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