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Title 10 — Armed ForcesRelease 119-73

§2704 Commonly found unregulated hazardous substances

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 160— - ENVIRONMENTAL RESTORATION › § 2704

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must tell the Secretary of Health and Human Services which hazardous substances are most often found and not covered by federal rules at Defense facilities. That report must list at least 25 substances. An "unregulated hazardous substance" here means a chemical with no rule under the Toxic Substances Control Act, Safe Drinking Water Act, Clean Air Act, or Clean Water Act, and with no Clean Water Act water quality criteria. Health and Human Services must quickly make toxicology profiles for each listed substance. The profiles must review available studies to find exposure levels linked to short- and long-term health effects, say if more information is needed, and, when useful, support testing to find safe exposure limits. The Department of Defense must give HHS the data, money, and staff needed and make a written agreement on how to do this. If the Secretary of Defense asks, the EPA Administrator must make health advisories for substances that threaten drinking water from Defense sites and have no advisory yet. Those advisories must say contaminant levels not expected to cause harm, include a margin of safety for the most vulnerable people, and give one-day, 10-day, and longer-term guidance when data exist. The Agency for Toxic Substances and Disease Registry will carry out HHS’s duties, and CERCLA section 104(i) applies to Defense facilities.

Full Legal Text

Title 10, §2704

Armed Forces — Source: USLM XML via OLRC

(a)(1)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 hazardous substances at facilities under the Secretary’s jurisdiction. The notification shall be of not less than the 25 most widely used such substances.
(2)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)The Secretary of Health and Human Services shall take such steps as necessary to ensure the timely preparation of toxicological profiles of each of the substances 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 interpretation 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 chronic health effects.
(2)A determination of whether adequate information on the health effects of each substance is available or in the process of development 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 exposure level of a hazardous substance that is safe for humans.
(c)The Secretary of Defense shall transfer to the Secretary of Health and Human Services such toxicological data, such sums from amounts appropriated to the Department of Defense, and such personnel of the Department of Defense as may be necessary (1) for the preparation of toxicological profiles under subsection (b) or (2) for other health related activities 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 regarding the manner in which this section shall be carried out, including the manner for transferring funds and personnel and for coordination of activities under this section.
(d)(1)At the request of the Secretary 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)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)The Secretary of Defense shall transfer to the Administrator such toxicological data, such sums from amounts appropriated to the Department 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 coordination of activities under this subsection.
(e)section 104(i) of CERCLA (42 U.S.C. 9604(i)) applies to facilities under the jurisdiction of the Secretary of Defense in the manner prescribed in that section.
(f)The functions of the Secretary of Health and Human Services under this section shall be carried out through the Administrator 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)).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Toxic Substances Control Act, referred to in subsec. (a)(2)(A), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is classified generally to chapter 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 reclassified to chapter 85 (§ 7401 et seq.) of Title 42. For 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 classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification 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 Substances”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2704

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73