; and (2) is compliant with the most recently approved engineering standards at the time of the discharge. (d) Savings provision Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if the protected entity— (1) acts with gross negligence or willful misconduct in the discharge of the covered perfluoroalkyl or polyfluoroalkyl substance; or (2) continues to use an aqueous film forming foam agent in the fire suppression system of the protected entity on or after the date that is 5 years after the date on which approved engineering standards were updated to no longer require the use of an aqueous film forming foam.