Expedited action to address the migration of per- and polyfluoroalkyl substances from Department of Defense installations and National Guard facilities

(a)

In general

The Secretary of Defense shall expedite the implementation of early actions to mitigate the migration of groundwater contaminated by per- and polyfluoroalkyl substances (hereinafter in this section referred to as PFAS) from a source located on a military installation to protect or minimize the effects on groundwater, surface water, underground sources of drinking water, and sediment.(b)

Evaluation and assessment

Not later than 180 days after the date of the enactment of this Act, the Secretary shall complete an evaluation and assessment of all covered facilities where a release, or a threat of a release, of PFAS subject to a response action under the Defense Environmental Restoration Program under section 2701 of title 10, United States Code, to—(1)identify potential early actions that may be implemented at such facilities to prevent or remediate the release or threatened release of PFAS;(2)identify such facilities at which an underground source of drinking water is, or may be, contaminated by a release or a threat of a release of PFAS; and(3)prioritize facilities for the implementation of early actions or other actions to prevent or reduce risks to human health and the environment.(c)

Public participation

The Secretary shall make the results of an evaluation and assessment for a covered facility conducted under subsection (b) available to communities and individuals affected by a release, or the threat of a release, of PFAS at the covered facility.(d)

Report

For each covered facility for which an evaluation and assessment is required under subsection (b), not later than 270 days after the date of the enactment of this Act, the Secretary shall make publicly available on an appropriate website of the Department—(1)a description of early actions identified by the evaluation and assessment;(2)a description of interim remedies or other early actions that have been implemented;(3)a list of facilities at which the migration of contaminated ground water is not under control or for which data are insufficient to determine whether contaminated ground water migration is controlled; and(4)a schedule for the implementation of interim remedies or other early actions.(e)

Provision of alternative water to protect public health

(1)

Notice; provision of water

Not later than 60 days after the discovery of the release, or the threat of release, of PFAS from a covered facility into an underground source of drinking water, the Secretary shall—(A)provide notice pursuant to section 2705 of title 10, United States Code, to the regional offices of the Environmental Protection Agency and appropriate State, Tribal and local authorities;(B)identify private and public water wells with a concentration of a PFAS chemical that exceeds the maximum contaminant level established pursuant to the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and(C)provide alternative water to households and communities served by wells identified pursuant to paragraph (2)(B)(ii) as expeditiously as possible, but in no case more than 30 days after the notice is required under paragraph (1).(2)

Requirements of notice

A notice provided under this subsection shall—(A)be made available to the public and provided to communities and households served by private and public wells identified under paragraph (1)(B); and(B)include—(i)an identification of any private or public water well that is affected by a release, or the threat of a release, of PFAS from the covered facility;(ii)an identification of any private or public water well with a concentration of a PFAS chemical that exceeds the maximum contaminant level established pursuant to the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and(iii)a plan and schedule for the provision of safe alternative water for households and communities served by water wells identified under clause (ii).(f)

Emergency authority

The Secretary shall expedite the provision of alternative water to avoid, mitigate, or eliminate an imminent and substantial endangerment to the health of persons presented by a release or threatened release of a pollutant or contaminant from an on-base source, including the use of emergency authorities for approval of contracting services and the commitment of funds.(g)

Definitions

In this section:(1)The term covered facility means—(A)a military installation, as such term is defined in section 2801(c)(4) of title 10, United States Code;(B)a formerly used defense site; or(C)a National Guard facility, under the meaning of such term in section 2700(4) of title 10, United States Code.(2)The term formerly used defense site means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the Environmental Restoration Account, Formerly Used Defense Sites account established under section 2703(a)(5) of title 10, United States Code.(3)The term underground source of drinking water has the meaning given such term in section 144.3 of title 40, Code of Federal Regulations, or any successor regulation.