10 U.S.C. § 2704 — Commonly found unregulated hazardous

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 Page 2171 TITLE 10—ARMED FORCES § 2705 complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The Clean Water Act, referred to in subsec. (a)(2), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is clas- sified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. AMENDMENTS 2004—Subsecs. (c), (e), (f). Pub. L. 108–375 inserted ‘‘(42 U.S.C. 9604(i))’’ after ‘‘CERCLA’’. 1991—Subsec. (f). Pub. L. 102–25 substituted ‘‘Agency for Toxic Substances’’ for ‘‘Agency of Toxic Sub- stances’’. § 2705. Notice of environmental restoration ac- tivities (a) EXPEDITED NOTICE.—The Secretary of De- fense shall take such actions as necessary to en- sure that the regional offices of the Environ- mental Protection Agency and appropriate State and local authorities for the State in which a facility under the Secretary’s jurisdic- tion is located receive prompt notice of each of the following: (1) The discovery of releases or threatened releases of hazardous substances at the facil- ity. (2) The extent of the threat to public health and the environment which may be associated with any such release or threatened release. (3) Proposals made by the Secretary to carry out response actions with respect to any such release or threatened release. (4) The initiation of any response action with respect to such release or threatened re- lease and the commencement of each distinct phase of such activities. (b) COMMENT BY EPA AND STATE AND LOCAL AUTHORITIES.— (1) RELEASE NOTICES.—The Secretary shall ensure that the Administrator of the Environ- mental Protection Agency and appropriate State and local officials have an adequate op- portunity to comment on notices under para- graphs (1) and (2) of subsection (a). (2) PROPOSALS FOR RESPONSE ACTIONS.—The Secretary shall require that an adequate op- portunity for timely review and comment be afforded to the Administrator and to appro- priate State and local officials after making a proposal referred to in subsection (a)(3) and before undertaking an activity or action re- ferred to in subsection (a)(4). The preceding sentence does not apply if the action is an emergency removal taken because of immi- nent and substantial endangerment to human health or the environment and consultation would be impractical. (c) TECHNICAL REVIEW COMMITTEE.—Whenever possible and practical, the Secretary shall estab- lish a technical review committee to review and comment on Department of Defense actions and proposed actions with respect to releases or threatened releases of hazardous substances at installations. Members of any such committee shall include at least one representative of the Secretary, the Administrator, and appropriate State and local authorities and shall include a public representative of the community in- volved. (d) RESTORATION ADVISORY BOARD.—(1) In lieu of establishing a technical review committee under subsection (c), the Secretary may permit the establishment of a restoration advisory board in connection with any installation (or group of nearby installations) where the Sec- retary is planning or implementing environ- mental restoration activities. (2)(A) The Secretary shall prescribe regula- tions regarding the establishment, characteris- tics, composition, and funding of restoration ad- visory boards pursuant to this subsection. (B) The issuance of regulations under subpara- graph (A) shall not be a precondition to the es- tablishment of restoration advisory boards under this subsection. (C) Chapter 10 of title 5 shall not apply to a restoration advisory board established under this subsection. (3) The Secretary may authorize the com- mander of an installation (or, if there is no such commander, an appropriate official of the De- partment of Defense designated by the Sec- retary) to pay routine administrative expenses of a restoration advisory board established for that installation. Such payments shall be made from funds available under subsection (g). (e) TECHNICAL ASSISTANCE.—(1) The Secretary may, upon the request of the technical review committee for an installation, restoration advi- sory board for an installation, community con- cerned with respect to an installation, or indi- vidual member of such community, authorize the commander of the installation (or, if there is no such commander, an appropriate official of the Department of Defense designated by the Secretary) to obtain from covered sources tech- nical assistance for the committee, advisory board, community, or individual (as the case may be) to interpret scientific and engineering issues with regard to the nature of environ- mental hazards at the installation and the res- toration activities conducted, or proposed to be conducted, at the installation. The commander of an installation (or, if there is no such com- mander, an appropriate official of the Depart- ment of Defense designated by the Secretary) shall use funds made available under subsection (g) for obtaining assistance under this para- graph. (2) The commander of an installation (or, if there is no such commander, an appropriate offi- cial of the Department of Defense designated by the Secretary) may obtain technical assistance under paragraph (1) for a technical review com- mittee, restoration advisory board, community, or individual only if the technical assistance— (A) is likely to contribute to the efficiency, effectiveness, or timeliness of environmental restoration activities at the installation; or (B) is a service described in paragraph (3). (3) A service described in this paragraph is a service to improve public participation in, or as- sist in the navigation of, environmental restora- tion activities at an installation by the commu- nity concerned or an individual member of such community, including with respect to the fol- lowing: