Sec. 321. Interim responses to address releases or threatened releases of perfluoroalkyl and polyfluoroalkyl substances
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The Secretary of Defense, consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), shall take actions specified in subsection
(b)to address any release or threatened release of PFAS at a covered facility. If a preliminary assessment or site investigation for PFAS has not been conducted at a covered facility, the Secretary shall conduct expeditiously such assessment or investigation, as the case may be, to determine whether there has been a release or there is a threatened release of PFAS at the facility. Each covered facility that has or has had a fire training pit or similar facility shall be presumed, for purposes of subparagraph (A), to have had a release of PFAS. A preliminary assessment or site investigation under paragraph (1)(A) shall include, along with any other matters required pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), a description and analysis of potential interim response actions that can be taken to reduce immediate public exposure to the release of PFAS, including preventing an imminent and substantial endangerment. Interim response actions to be considered under subparagraph
(A)shall include the following: Provision of bottled water. Connection to public water systems for members of the public using private wells. Provision of filtration systems for public water systems. Provision of filtration systems for private residences. The Secretary shall make the preliminary assessment or site investigation conducted under paragraph (1)(A) with respect to a covered facility available for review to the Administrator of the Environmental Protection Agency, the relevant State environmental regulatory agencies, any Indian tribal government whose tribal lands may be affected by the release or threatened release of PFAS, and members of the public. The period for review under subparagraph
(A)shall be not less than 60 days and shall be extended if the Administrator requests additional review time. The Secretary of Defense shall expedite the implementation of any interim response actions selected by the Secretary for implementation pursuant to the consideration conducted under paragraph
(2)and the review under paragraph (3). Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an identification of the following: Which covered facilities have had a preliminary assessment or site investigation completed pursuant to subsection (b)(1)(A). Which covered facilities have had a preliminary assessment or site investigation initiated pursuant to subsection (b)(1)(A) but not completed by the time the report is due to be submitted, and when such assessment or investigation is projected to be completed. Which covered facilities have not had a preliminary assessment or site investigation initiated pursuant to subsection (b)(1)(A) but are required to have one pursuant to such subsection. Which covered facilities are not required to have a preliminary assessment or site investigation conducted pursuant to subsection (b)(1)(A). Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on— which covered facilities have had interim response actions selected for implementation under subsection (b); what those interim response actions are; the projected initiation dates for those interim response actions; the projected completion dates for those interim response actions; and an explanation as to why any interim response action considered in the preliminary assessment or site investigation conducted pursuant to subsection (b)(1)(A) was not adopted. In this section: The term covered facility means a facility subject to section 2701(c) of title 10, United States Code. The term PFAS means perfluoroalkyl and polyfluoroalkyl substances. The terms release and response have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ).
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Sec. 321
Interim responses to address releases or threatened releases of perfluoroalkyl and polyfluoroalkyl substances
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