Sec. 318. Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent
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Not later than January 31, 2023, the Secretary of the Navy shall publish a military specification for a fluorine-free fire-fighting agent for use at all military installations to ensure such agent is available for use by not later than December 31, 2024. Fluorinated aqueous film-forming foam may not be used at any military installation on or after September 30, 2025, or before such date, if possible. Subject to paragraph (2), the Secretary of Defense may grant a waiver to the prohibition under subsection
(b)with respect to the use of fluorinated aqueous film-forming foam at a specific military installation if the Secretary submits to the congressional defense committees, by not later than 30 days prior to issuing the waiver— notice of the waiver; and certification, in writing, that the waiver is necessary for the protection of life and safety. Any certification submitted under paragraph (1)(B) shall document the basis for the waiver and, at a minimum, shall include the following: A detailed description of the threat justifying the waiver and a description of the imminence, urgency, and severity of such threat. An analysis of potential populations impacted by continued use of fluorinated aqueous film forming foam and why the waiver outweighs the impact to such populations. An analysis of potential economic effects, including with respect to agriculture, livestock, and water systems of continued use of fluorinated aqueous film forming foam and why the waiver outweighs such effects. A waiver under this subsection shall apply for a period that does not exceed one year. The Secretary may extend any such waiver once for an additional period that does not exceed one year.