§2704 Commonly Found Unregulated Hazardous Substances

Summary

The Secretary of Defense must tell the Secretary of Health and Human Services which hazardous chemicals are most often found at Defense facilities. The list must include at least the 25 most widely used “unregulated hazardous substances.” Unregulated hazardous substance — a hazardous chemical that has no rule or water-quality limit under major laws (the Toxic Substances Control Act, the Safe Drinking Water Act, the Clean Air Act, or the Clean Water Act). The Secretary of Health and Human Services must quickly make toxicology profiles for each named substance. These profiles must review existing health and exposure data to find levels that cause short- and long-term health effects, say whether enough information exists or is being developed to judge risky exposure levels, and, when needed, direct testing to find safe exposure limits. The Department of Defense must give HHS the data, money, and staff needed and the two agencies must agree in writing how to work together. If the Secretary of Defense asks, the EPA Administrator must promptly make drinking-water health advisories for substances that have no advisory, that threaten drinking water, and that come from a Defense facility. Advisories must state contaminant levels not expected to cause harm, include a margin of safety for sensitive people, and give one-day, 10-day, and longer-term guidance when data allow. The Defense Department must also provide EPA with data, funds, and personnel and the agencies must agree on how to coordinate. Section 104(i) of CERCLA (42 U.S.C. 9604(i)) applies to Defense facilities, and HHS’s work will be done through the Administrator of the Agency for Toxic Substances and Disease Registry.