10 U.S.C. § 2703 — Environmental restoration accounts

Page 2167 TITLE 10—ARMED FORCES § 2703 scribing the findings and conclusions of the Secretary resulting from the study not later than Mar. 1, 1991. USE OF DEPARTMENT OF DEFENSE APPROPRIATIONS FOR REMOVAL OF UNSAFE BUILDINGS OR DEBRIS Pub. L. 101–165, title IX, § 9038, Nov. 21, 1989, 103 Stat. 1137, which authorized appropriations available to the Department of Defense to be used at sites formerly used by the Department for removal of unsafe buildings or debris of the Department and required that removal be completed before the property is released from Fed- eral Government control, was repealed and restated in subsecs. (f) and (g) of this section by Pub. L. 101–510, div. A, title XIV, § 1481(i), Nov. 5, 1990, 104 Stat. 1708. § 2702. Research, development, and demonstra- tion program (a) PROGRAM.—As part of the Defense Environ- mental Restoration Program, the Secretary of Defense shall carry out a program of research, development, and demonstration with respect to hazardous wastes. The program shall be carried out in consultation and cooperation with the Administrator and the advisory council estab- lished under section 311(a)(5) of CERCLA (42 U.S.C. 9660(a)(5)). The program shall include re- search, development, and demonstration with respect to each of the following: (1) Means of reducing the quantities of haz- ardous waste generated by activities and fa- cilities under the jurisdiction of the Sec- retary. (2) Methods of treatment, disposal, and man- agement (including recycling and detoxifying) of hazardous waste of the types and quantities generated by current and former activities of the Secretary and facilities currently and for- merly under the jurisdiction of the Secretary. (3) Identifying more cost-effective tech- nologies for cleanup of hazardous substances. (4) Toxicological data collection and meth- odology on risk of exposure to hazardous waste generated by the Department of De- fense. (5) The testing, evaluation, and field dem- onstration of any innovative technology, proc- esses, equipment, or related training devices which may contribute to establishment of new methods to control, contain, and treat haz- ardous substances, to be carried out in con- sultation and cooperation with, and to the ex- tent possible in the same manner and stand- ards as, testing, evaluation, and field dem- onstration carried out by the Administrator, acting through the office of technology dem- onstration of the Environmental Protection Agency. (b) SPECIAL PERMIT.—The Administrator may use the authorities of section 3005(g) of the Solid Waste Disposal Act (42 U.S.C. 6925(g)) to issue a permit for testing and evaluation which receives support under this section. (c) CONTRACTS AND GRANTS.—The Secretary may enter into contracts and cooperative agree- ments with, and make grants to, universities, public and private profit and nonprofit entities, and other persons to carry out the research, de- velopment, and demonstration authorized under this section. Such contracts may be entered into only to the extent that appropriated funds are available for that purpose. (d) INFORMATION COLLECTION AND DISSEMINA- TION.— (1) IN GENERAL.—The Secretary shall de- velop, collect, evaluate, and disseminate infor- mation related to the use (or potential use) of the treatment, disposal, and management technologies that are researched, developed, and demonstrated under this section. (2) ROLE OF EPA.—The functions of the Sec- retary under paragraph (1) shall be carried out in cooperation and consultation with the Ad- ministrator. To the extent appropriate and agreed upon by the Administrator and the Sec- retary, the Administrator shall evaluate and disseminate such information through the of- fice of technology demonstration of the Envi- ronmental Protection Agency. (Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1721; amended Pub. L. 108–375, div. A, title X, § 1084(d)(25), Oct. 28, 2004, 118 Stat. 2063.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–375 inserted ‘‘(42 U.S.C. 9660(a)(5))’’ after ‘‘311(a)(5) of CERCLA’’. Statutory Notes and Related Subsidiaries PARTNERSHIPS FOR INVESTMENT IN INNOVATIVE ENVIRONMENTAL TECHNOLOGIES Pub. L. 105–85, div. A, title III, § 349, Nov. 18, 1997, 111 Stat. 1690, as amended by Pub. L. 106–65, div. A, title X, § 1067(4), Oct. 5, 1999, 113 Stat. 774; Pub. L. 112–81, div. A, title X, § 1062(k)(1), Dec. 31, 2011, 125 Stat. 1586, author- ized the Secretary of Defense, until three years after Nov. 18, 1997, to enter into a partnership with one or more private entities to demonstrate and validate in- novative environmental technologies, and to provide funds to the partner or partners from appropriations available to the Department of Defense for environ- mental activities for a period of up to five years. AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN SUPPORT OF ENVIRONMENTAL TECHNOLOGY CERTIFI- CATION Pub. L. 105–85, div. A, title III, § 342(d), Nov. 18, 1997, 111 Stat. 1686, provided that not later than 90 days after Nov. 18, 1997, the Secretary of Defense was to submit to Congress a report setting forth the guidelines estab- lished by the Secretary for reimbursement of State and local governments, and for cost-sharing between the Department of Defense, such governments, and ven- dors, under cooperative agreements entered into under section 327 of Pub. L. 104–201, formerly set out below. Pub. L. 104–201, div. A, title III, § 327, Sept. 23, 1996, 110 Stat. 2483, as amended by Pub. L. 105–85, div. A, title III, § 342(a)–(c), Nov. 18, 1997, 111 Stat. 1686, authorized the Secretary of Defense, until five years after Sept. 23, 1996, to enter into a cooperative agreement with an agency of a State or local government, or with an In- dian tribe, to obtain assistance in certifying environ- mental technologies. § 2703. Environmental restoration accounts (a) ESTABLISHMENT OF ACCOUNTS.—There are hereby established in the Department of Defense the following accounts: (1) An account to be known as the ‘‘Environ- mental Restoration Account, Defense’’. (2) An account to be known as the ‘‘Environ- mental Restoration Account, Army’’. (3) An account to be known as the ‘‘Environ- mental Restoration Account, Navy’’. (4) An account to be known as the ‘‘Environ- mental Restoration Account, Air Force’’. Page 2168 TITLE 10—ARMED FORCES § 2703 (5) An account to be known as the ‘‘Environ- mental Restoration Account, Formerly Used Defense Sites’’. (b) PROGRAM ELEMENTS FOR ORDNANCE REMEDI- ATION.—The Secretary of Defense shall establish a program element for remediation of unexploded ordnance, discarded military muni- tions, and munitions constituents within each environmental restoration account established under subsection (a). In this subsection, the terms ‘‘discarded military munitions’’ and ‘‘mu- nitions constituents’’ have the meanings given such terms in section 2710 of this title. (c) OBLIGATION OF AUTHORIZED AMOUNTS.—(1) Funds authorized for deposit in an account under subsection (a) may be obligated or ex- pended from the account only to carry out the environmental restoration functions of the Sec- retary of Defense and the Secretaries of the military departments under this chapter and under any other provision of law. (2) Funds authorized for deposit in an account under subsection (a) shall remain available until expended. (d) BUDGET REPORTS.—In proposing the budget for any fiscal year pursuant to section 1105 of title 31, the President shall set forth separately the amounts requested for environmental res- toration programs of the Department of Defense and of each of the military departments under this chapter and under any other Act. (e) CREDIT OF AMOUNTS RECOVERED.—The fol- lowing amounts shall be credited to the appro- priate environmental restoration account: (1) Amounts recovered under CERCLA for re- sponse actions. (2) Any other amounts recovered from a con- tractor, insurer, surety, or other person to re- imburse the Department of Defense or a mili- tary department for any expenditure for envi- ronmental response activities. (f) PAYMENTS OF FINES AND PENALTIES.—None of the funds appropriated to the Environmental Restoration Account, Defense, or to any envi- ronmental restoration account of a military de- partment, may be used for the payment of a fine or penalty (including any supplemental environ- mental project carried out as part of such pen- alty) imposed against the Department of De- fense or a military department unless the act or omission for which the fine or penalty is im- posed arises out of an activity funded by the en- vironmental restoration account concerned and the payment of the fine or penalty has been spe- cifically authorized by law. (g) SOLE SOURCE OF FUNDS FOR OPERATION AND MONITORING OF ENVIRONMENTAL REMEDIES.—(1) Except as provided in subsection (h), the sole source of funds for all phases of an environ- mental remedy at a site under the jurisdiction of the Department of Defense, a National Guard facility, or a formerly used defense site shall be the applicable environmental restoration ac- count established under subsection (a). (2) In this subsection, the term ‘‘environ- mental remedy’’ has the meaning given the term ‘‘remedy’’ in section 101 of CERCLA (42 U.S.C. 9601). (h) SOLE SOURCE OF FUNDS FOR ENVIRON- MENTAL REMEDIATION AT CERTAIN BASE REALIGN- MENT AND CLOSURE SITES.—In the case of prop- erty disposed of pursuant to a base closure law and subject to a covenant that was required to be provided by paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), the sole source of funds for services procured under sec- tion 2701(d)(1) of this title shall be the Depart- ment of Defense Base Closure Account estab- lished under section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). The limitation in this subsection shall ex- pire upon the closure of such base closure ac- count. (Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1722; amended Pub. L. 103–337, div. A, title III, § 321, Oct. 5, 1994, 108 Stat. 2710; Pub. L. 104–106, div. A, title III, § 322, Feb. 10, 1996, 110 Stat. 252; Pub. L. 104–201, div. A, title III, § 322(a)(1), Sept. 23, 1996, 110 Stat. 2477; Pub. L. 106–65, div. A, title III, § 321, title X, § 1066(a)(27), Oct. 5, 1999, 113 Stat. 560, 772; Pub. L. 106–398, § 1 [[div. A], title III, §§ 311, 312], Oct. 30, 2000, 114 Stat. 1654, 1654A–53, 1654A–54; Pub. L. 107–107, div. A, title III, § 312, Dec. 28, 2001, 115 Stat. 1051; Pub. L. 108–136, div. A, title III, § 313(a), Nov. 24, 2003, 117 Stat. 1430; Pub. L. 108–375, div. A, title X, § 1084(d)(26), Oct. 28, 2004, 118 Stat. 2063; Pub. L. 109–163, div. A, title III, § 312(b), title X, § 1056(c)(7), Jan. 6, 2006, 119 Stat. 3191, 3439; Pub. L. 109–364, div. A, title X, § 1071(a)(23), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 112–239, div. B, title XXVII, § 2711(c)(4)(B), Jan. 2, 2013, 126 Stat. 2144; Pub. L. 113–291, div. A, title III, § 311, Dec. 19, 2014, 128 Stat. 3336; Pub. L. 118–31, div. A, title III, § 312(e), Dec. 22, 2023, 137 Stat. 215.) Editorial Notes AMENDMENTS 2023—Subsec. (g)(1). Pub. L. 118–31 inserted ‘‘, a Na- tional Guard facility,’’ after ‘‘Department of Defense’’. 2014—Subsec. (f). Pub. L. 113–291 struck out ‘‘for fiscal years 1995 through 2010,’’ before ‘‘or to any environ- mental’’ and ‘‘for fiscal years 1997 through 2010’’ before ‘‘, may be used’’. 2013—Subsec. (h). Pub. L. 112–239 substituted ‘‘the De- partment of Defense Base Closure Account established under section 2906 of the Defense Base Closure and Re- alignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)’’ for ‘‘the applicable Department of Defense base closure account’’ and ‘‘such base closure account’’ for ‘‘the applicable base closure account’’. 2006—Subsec. (b). Pub. L. 109–163, § 1056(c)(7), sub- stituted ‘‘In this subsection, the terms ‘discarded mili- tary munitions’ and’’ for ‘‘For purposes of the pre- ceding sentence, the terms ‘unexploded ordnance’, ‘dis- carded military munitions’, and’’. Subsec. (g)(1). Pub. L. 109–163, § 312(b)(1), substituted ‘‘Except as provided in subsection (h), the sole source’’ for ‘‘The sole source’’. Subsec. (h). Pub. L. 109–364 substituted ‘‘section 2701(d)(1)’’ for ‘‘subsection 2701(d)(1)’’. Pub. L. 109–163, § 312(b)(2), added subsec. (h). 2004—Subsec. (b). Pub. L. 108–375 substituted ‘‘For purposes of the preceding sentence, the terms’’ for ‘‘The terms’’. 2003—Subsec. (c)(1). Pub. L. 108–136, § 313(a)(1), sub- stituted ‘‘only to carry out the environmental restora- tion functions of the Secretary of Defense and the Sec- retaries of the military departments under this chapter and under any other provision of law.’’ for ‘‘only— Page 2169 TITLE 10—ARMED FORCES § 2703 ‘‘(A) to carry out the environmental restoration functions of the Secretary of Defense and the Secre- taries of the military departments under this chapter and under any other provision of law; and ‘‘(B) to pay for the costs of permanently relocating a facility because of a release or threatened release of hazardous substances, pollutants, or contaminants from— ‘‘(i) real property on which the facility is located and that is currently under the jurisdiction of the Secretary of Defense or the Secretary of a military department; or ‘‘(ii) real property on which the facility is located and that was under the jurisdiction of the Sec- retary of Defense or the Secretary of a military de- partment at the time of the actions leading to the release or threatened release.’’ Subsec. (c)(2). Pub. L. 108–136, § 313(a)(3), redesignated par. (4) as (2) and struck out second sentence which read as follows: ‘‘Not more than 5 percent of the funds deposited in an account under subsection (a) for a fiscal year may be used to pay relocation costs under para- graph (1)(B).’’ Pub. L. 108–136, § 313(a)(2), struck out par. (2) which read as follows: ‘‘The authority provided by paragraph (1)(B) expires September 30, 2003. The Secretary of De- fense or the Secretary of a military department may not pay the costs of permanently relocating a facility under such paragraph unless the Secretary— ‘‘(A) determines that permanent relocation— ‘‘(i) is the most cost effective method of respond- ing to the release or threatened release of haz- ardous substances, pollutants, or contaminants from the real property on which the facility is lo- cated; ‘‘(ii) has the approval of relevant regulatory agen- cies; and ‘‘(iii) is supported by the affected community; and ‘‘(B) submits to Congress written notice of the de- termination before undertaking the permanent relo- cation of the facility, including a description of the response action taken or to be taken in connection with the permanent relocation and a statement of the costs incurred or to be incurred in connection with the permanent relocation.’’ Subsec. (c)(3). Pub. L. 108–136, § 313(a)(2), struck out par. (3) which read as follows: ‘‘If relocation costs are to be paid under paragraph (1)(B) with respect to a fa- cility located on real property described in clause (ii) of such paragraph, the Secretary of Defense or the Sec- retary of the military department concerned may use only fund transfer mechanisms otherwise available to the Secretary.’’ Subsec. (c)(4). Pub. L. 108–136, § 313(a)(3), redesignated par. (4) as (2). 2001—Subsecs. (b) to (g). Pub. L. 107–107 added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively. 2000—Subsec. (a)(5). Pub. L. 106–398, § 1 [[div. A], title III, § 311(a)], added par. (5). Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title III, § 312], amended heading and text of subsec. (b) gen- erally. Prior to amendment, text read as follows: ‘‘Funds authorized for deposit in an account under sub- section (a) may be obligated or expended from the ac- count only in order to carry out the environmental res- toration functions of the Secretary of Defense and the Secretaries of the military departments under this chapter and under any other provision of law. Funds so authorized shall remain available until expended.’’ Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title III, § 311(b)], added subsec. (f). 1999—Subsec. (c). Pub. L. 106–65, § 1066(a)(27), struck out ‘‘United States Code,’’ after ‘‘title 31,’’. Subsec. (e). Pub. L. 106–65, § 321, substituted ‘‘through 2010,’’ for ‘‘through 1999,’’ in two places. 1996—Pub. L. 104–201 substituted ‘‘accounts’’ for ‘‘transfer account’’ in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (f) establishing the Defense Environ- mental Restoration Account and providing for deposits into and withdrawals from the Account. Subsec. (e). Pub. L. 104–106 amended subsec. (e) gen- erally, substituting ‘‘(e) AMOUNTS RECOVERED.—The following amounts shall be credited to the transfer account: ‘‘(1) Amounts recovered under CERCLA for response actions of the Secretary. ‘‘(2) Any other amounts recovered by the Secretary or the Secretary of the military department con- cerned from a contractor, insurer, surety, or other person to reimburse the Department of Defense for any expenditure for environmental response activi- ties.’’ for ‘‘(e) AMOUNTS RECOVERED UNDER CERCLA.—Amounts recovered under section 107 of CERCLA for response ac- tions of the Secretary shall be credited to the transfer account.’’ 1994—Subsec. (f). Pub. L. 103–337 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–239 effective on the later of Oct. 1, 2013, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2014 (div. J of Pub. L. 113–76, approved Jan. 17, 2014), see section 2711(d) of Pub. L. 112–239, set out as a note under section 2701 of this title. EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–136, div. A, title III, § 313(a), Nov. 24, 2003, 117 Stat. 1430, provided that the amendment made by that section is effective Oct. 1, 2003. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title III, § 322(e), Sept. 23, 1996, 110 Stat. 2479, provided that: ‘‘The amendments made by this section [amending this section and section 2705 of this title] shall take effect on the later of— ‘‘(1) October 1, 1996; or ‘‘(2) the date of the enactment of this Act [Sept. 23, 1996].’’ EFFECTIVE DATE Pub. L. 99–499, title II, § 211(c), Oct. 17, 1986, 100 Stat. 1726, provided that: ‘‘Section 2703(a)(2) of title 10, United States Code, as added by subsection (a), shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1986.’’ EFFECT OF AMENDMENT BY PUB. L. 108–136 ON EXISTING AGREEMENTS Pub. L. 108–136, div. A, title III, § 313(b), Nov. 24, 2003, 117 Stat. 1430, provided that: ‘‘An agreement in effect on September 30, 2003, under section 2703(c)(1)(B) of title 10, United States Code, as in effect on that date, to pay for the costs of permanently relocating a facil- ity because of a release or threatened release of haz- ardous substances, pollutants, or contaminants shall remain in effect after that date, subject to the terms of the agreement, and costs may be paid in accordance with the terms of the agreement, notwithstanding the amendments made by subsection (a) [amending this section].’’ REFERENCES TO DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT Pub. L. 104–201, div. A, title III, § 322(b), Sept. 23, 1996, 110 Stat. 2478, provided that: ‘‘Any reference to the De- fense Environmental Restoration Account in any Fed- eral law, Executive Order, regulation, delegation of au- thority, or document shall be deemed to refer to the ap- propriate environmental restoration account estab- lished under section 2703(a)(1) of title 10, United States Code (as amended by subsection (a)(1)).’’ UNOBLIGATED BALANCES IN DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT Pub. L. 104–201, div. A, title III, § 322(d), Sept. 23, 1996, 110 Stat. 2479, provided that unobligated balances re- Page 2170 TITLE 10—ARMED FORCES § 2704 maining in the Defense Environmental Restoration Ac- count under this section as of Oct. 1, 1996, would be transferred on such date to the Environmental Restora- tion Account, Defense, established under this section. § 2704. Commonly found unregulated hazardous substances (a) NOTICE TO HHS.— (1) IN GENERAL.—The Secretary of Defense shall notify the Secretary of Health and Human Services of the hazardous substances which the Secretary of Defense determines to be the most commonly found unregulated haz- ardous substances at facilities under the Sec- retary’s jurisdiction. The notification shall be of not less than the 25 most widely used such substances. (2) DEFINITION.—In this subsection, the term ‘‘unregulated hazardous substance’’ means a hazardous substance— (A) for which no standard, requirement, criteria, or limitation is in effect under the Toxic Substances Control Act, the Safe Drinking Water Act, the Clean Air Act, or the Clean Water Act; and (B) for which no water quality criteria are in effect under any provision of the Clean Water Act. (b) TOXICOLOGICAL PROFILES.—The Secretary of Health and Human Services shall take such steps as necessary to ensure the timely prepara- tion of toxicological profiles of each of the sub- stances of which the Secretary is notified under subsection (a). The profiles of such substances shall include each of the following: (1) The examination, summary, and interpre- tation of available toxicological information and epidemiologic evaluations on a hazardous substance in order to ascertain the levels of significant human exposure for the substance and the associated acute, subacute, and chron- ic health effects. (2) A determination of whether adequate in- formation on the health effects of each sub- stance is available or in the process of devel- opment to determine levels of exposure which present a significant risk to human health of acute, subacute, and chronic health effects. (3) Where appropriate, toxicological testing directed toward determining the maximum ex- posure level of a hazardous substance that is safe for humans. (c) DOD SUPPORT.—The Secretary of Defense shall transfer to the Secretary of Health and Human Services such toxicological data, such sums from amounts appropriated to the Depart- ment of Defense, and such personnel of the De- partment of Defense as may be necessary (1) for the preparation of toxicological profiles under subsection (b) or (2) for other health related ac- tivities under section 104(i) of CERCLA (42 U.S.C. 9604(i)). The Secretary of Defense and the Secretary of Health and Human Services shall enter into a memorandum of understanding re- garding the manner in which this section shall be carried out, including the manner for trans- ferring funds and personnel and for coordination of activities under this section. (d) EPA HEALTH ADVISORIES.— (1) PREPARATION.—At the request of the Sec- retary of Defense, the Administrator shall, in a timely manner, prepare health advisories on hazardous substances. Such an advisory shall be prepared on each hazardous substance— (A) for which no advisory exists; (B) which is found to threaten drinking water; and (C) which is emanating from a facility under the jurisdiction of the Secretary. (2) CONTENT OF HEALTH ADVISORIES.—Such health advisories shall provide specific advice on the levels of contaminants in drinking water at which adverse health effects would not be anticipated and which include a margin of safety so as to protect the most sensitive members of the population at risk. The advisories shall provide data on one-day, 10- day, and longer-term exposure periods where available toxicological data exist. (3) DOD SUPPORT FOR HEALTH ADVISORIES.— The Secretary of Defense shall transfer to the Administrator such toxicological data, such sums from amounts appropriated to the De- partment of Defense, and such personnel of the Department of Defense as may be necessary for the preparation of such health advisories. The Secretary and the Administrator shall enter into a memorandum of understanding regarding the manner in which this subsection shall be carried out, including the manner for transferring funds and personnel and for co- ordination of activities under this subsection. (e) CROSS REFERENCE.—Section 104(i) of CERCLA (42 U.S.C. 9604(i)) applies to facilities under the jurisdiction of the Secretary of De- fense in the manner prescribed in that section. (f) FUNCTIONS OF HHS TO BE CARRIED OUT THROUGH ATSDR.—The functions of the Sec- retary of Health and Human Services under this section shall be carried out through the Admin- istrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services established under section 104(i) of CERCLA (42 U.S.C. 9604(i)). (Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1722; amended Pub. L. 102–25, title VII, § 701(j)(10), Apr. 6, 1991, 105 Stat. 116; Pub. L. 108–375, div. A, title X, § 1084(d)(27), Oct. 28, 2004, 118 Stat. 2063.) Editorial Notes REFERENCES IN TEXT The Toxic Substances Control Act, referred to in sub- sec. (a)(2)(A), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is classified generally to chap- ter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. The Safe Drinking Water Act, referred to in subsec. (a)(2)(A), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. The Clean Air Act, referred to in subsec. (a)(2)(A), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 15B (§ 1857 et seq.) of Title 42. On enactment of Pub. L. 95–95, the Act was re- classified to chapter 85 (§ 7401 et seq.) of Title 42. For