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Code · BILL · 117th Congress · H.R. 4350 (Reported in House) — To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense and for militar... · Sec. 318

Sec. 318. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam

341 words·~2 min read·/bill/117/hr/4350/rh/section-318

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Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following: The date on which the Secretary submits to Committees on Armed Services of the House of Representatives and the Senate a certification that the Secretary is implementing the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 ( 15 U.S.C. 8961 ).
The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register a final rule regarding the destruction and disposal of such materials pursuant to such section. Upon publication of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the interim guidance specified in subsection (a)(1). Not later than one year after the date on which the Administrator of the Environmental Protection Agency publishes the final rule specified in subsection (a)(2), and annually thereafter for three years, the Secretary shall submit to the Administrator a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including— the total amount of covered materials incinerated; the temperature range at which the covered materials were incinerated; and the locations and facilities where the covered materials were incinerated.
In this section: The term AFFF means aqueous film forming foam. The term covered material means any legacy AFFF formulation containing PFAS, material contaminated by AFFF release, or spent filter or other PFAS-contaminated material resulting from site remediation or water filtration that— has been used by the Department of Defense or a military department; is being discarded for disposal by the Department of Defense or a military department; or is being removed from sites or facilities owned or operated by the Department of Defense.
The term PFAS means per- or polyfluoroalkyl substances.
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Sec. 318
Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam
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