[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Page S3557]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2147. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 320. LIMITED EXEMPTION FOR DISPOSAL OF CERTAIN MATERIALS 
                   CONTAINING PER- AND POLYFLUOROALKYL SUBSTANCES 
                   OTHER THAN UNDILUTED AQUEOUS FILM FORMING FOAM 
                   AT ALASKA THERMAL TREATMENT FACILITIES.

       Section 330 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``The Secretary of Defense'' and inserting 
     ``Except as provided in subsection (c), the Secretary of 
     Defense''; and
       (2) by adding at the end the following new subsection:
       ``(c) Limited Exemption for Disposal of Certain Materials 
     Containing PFAS at Alaska Thermal Treatment Facilities.--
       ``(1) In general.--Except as provided in paragraph (2), 
     materials containing PFAS or materials derived from the 
     treatment of materials containing PFAS may be stored and 
     thermally treated in a thermal treatment unit (to include 
     secondary combustion) without regard to the storage 
     requirements set forth in subsection (a)(3) or the permitting 
     requirements set forth in subsection (a)(4) at a facility in 
     Alaska that demonstrates to the Administrator of the 
     Environmental Protection Agency that the facility--
       ``(A) meets the requirements of subsections (a)(1) and 
     (a)(2);
       ``(B) meets Category D treatment facility requirements 
     under 18 AAC 75.365 and 18 AAC 78.273 of the Alaska 
     Administrative Code; and
       ``(C) demonstrates treatment effectiveness using a thermal 
     treatment method that achieves the destruction of PFAS 
     compounds in compliance with permits issued and regulations 
     established by the State of Alaska Department of 
     Environmental Conservation.
       ``(2) Exception.--Paragraph (1) does not apply to undiluted 
     aqueous film forming foam or to materials that meet the 
     definition of hazardous waste pursuant to part 261 of title 
     40, Code of Federal Regulations, or successor regulations.''.
                                 ______