Sec. 318. Cooperative agreements with States to address contamination by perfluoroalkyl and polyfluoroalkyl substances
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Upon request from the Governor or chief executive of a State, the Secretary of Defense shall work expeditiously, pursuant to section 2701(d) of title 10, United States Code, to finalize a cooperative agreement, or amend an existing cooperative agreement to address testing, monitoring, removal, and remedial actions relating to the contamination or suspected contamination of drinking, surface, or ground water from PFAS originating from activities of the Department of Defense by providing the mechanism and funding for the expedited review and approval of documents of the Department related to PFAS investigations and remedial actions from an active or decommissioned military installation, including a facility of the National Guard.
A cooperative agreement finalized or amended under paragraph
(1)shall meet or exceed the most stringent of the following standards for PFAS in any environmental media: An enforceable State standard, in effect in that State, for drinking, surface, or ground water, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621(d)(2)(A)(ii) ). An enforceable Federal standard for drinking, surface, or ground water, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621(d)(2)(A)(i) ). Beginning on February 1, 2020, if a cooperative agreement is not finalized or amended under subsection
(a)within one year after the request from the Governor or chief executive under that subsection, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees and Members of Congress a report— explaining why the agreement has not been finalized or amended, as the case may be; and setting forth a projected timeline for finalizing or amending the agreement. In this section: The term appropriate committees and Members of Congress means— the congressional defense committees; the Senators who represent a State impacted by PFAS contamination described in subsection (a)(1); and the Members of the House of Representatives who represent a district impacted by such contamination. The term fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine. The term PFAS means perfluoroalkyl and polyfluoroalkyl substances that are man-made chemicals with at least one fully fluorinated carbon atom. The term State has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ).
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Sec. 318
Cooperative agreements with States to address contamination by perfluoroalkyl and polyfluoroalkyl substances
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