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Code · BILL · 116th Congress · H.R. 6395 (Enrolled) — To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military c... · Sec. 335

Sec. 335. Notification to agricultural operations located in areas exposed to Department of Defense PFAS use

457 words·~2 min read·/bill/116/hr/6395/enr/section-335·

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Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Agriculture, shall provide a notification described in subsection
(b)to any agricultural operation located within one mile down gradient of a military installation or National Guard facility where covered PFAS— has been detected in groundwater; has been hydrologically linked to a local agricultural or drinking water source, including a water well; and is suspected to be, or known to be, the result of the use of PFAS at an installation of the Department of Defense located in the United States or State-owned facility of the National Guard. The notification required under subsection
(a)shall include the following information: The name of the Department of Defense installation or National Guard facility from which the covered PFAS in groundwater originated. The specific covered PFAS detected in groundwater. The levels of the covered PFAS detected. Relevant governmental information regarding the health and safety of the covered PFAS detected, including relevant Federal or State standards for PFAS in groundwater, livestock, food commodities and drinking water, and any known restrictions for sale of agricultural products that have been irrigated or watered with water containing PFAS. The Secretary of Defense shall provide to an agricultural operation that receives a notice under subsection
(a)any pertinent updated information, including any results of new elevated testing, by not later than 15 days after receiving validated test results. Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of providing notice under subsection (a). Such report shall include, for the period covered by the report— the approximate locations of such operations relative to installations of the Department of Defense located in the United States and State-owned facilities of the National Guard; the covered PFAS detected in groundwater; and the levels of covered PFAS detected. In this section: The term covered PFAS means each of the following: Perfluorooctanoic acid (commonly referred to as PFOA ) (Chemical Abstracts Service No. 335–67–1) detected in groundwater above 70 parts per trillion, individually or in combination with PFOS. Perfluorooctane sulfonic acid (commonly referred to as PFOS ) (Chemical Abstracts Service No. 1763–23–1) detected in groundwater above 70 parts per trillion, individually or in combination with PFOA. Perfluorobutanesulfonic acid (commonly referred to as PFBS ) (Chemical Abstracts Service No. 375–73–5) detected in groundwater above 40 parts per billion. The term PFAS means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom, including the chemical GenX.
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