Sec. 314. Prohibition on use of open-air burn pits in contingency operations outside the United States
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Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section: Except as provided in subsection (b), beginning on January 1, 2023, the disposal of covered waste by the Department of Defense in an open-air burn pit located outside of the United States during a contingency operation is prohibited. The President may exempt a location from the prohibition under subsection
(a)if the President determines such an exemption is in the paramount interest of the United States. Not later than 30 days after granting an exemption under subsection
(b)with respect to the use of an open-air burn pit at a location, the President shall submit to Congress a written report that identifies— the location of the open-air burn pit; the number of personnel of the United States assigned to the location where the open-air burn pit is being used; the size and expected duration of use of the open-air burn pit; the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and the need for the open-air burn pit and rationale for granting the exemption. A report submitted under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. In this section, the term covered waste includes— hazardous waste, as defined by section 1004(5) of the Solid Waste Disposal Act ( 42 U.S.C. 6903(5) ); medical waste; tires; treated wood; batteries; plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream; munitions and explosives, except when disposed of in compliance with guidance on the destruction of munitions and explosives contained in the Department of Defense Ammunition and Explosives Safety Standards, DoD Manual 6055.09-M; compressed gas cylinders, unless empty with valves removed; fuel containers, unless completely evacuated of its contents; aerosol cans; polychlorinated biphenyls; petroleum, oils, and lubricants products (other than waste fuel for initial combustion); asbestos; mercury; foam tent material; any item containing any of the materials referred to in a preceding paragraph; and other waste as designated by the Secretary. . The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2714. Prohibition on use of open-air burn pits. . Effective January 1, 2023, section 317 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2701 note) is repealed.
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- Pub. L. 111-84
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Sec. 314
Prohibition on use of open-air burn pits in contingency operations outside the United States
Pub. L.Pub. L. 111-84
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