Page:United States Statutes at Large Volume 100 Part 2.djvu/622

 100 STAT. 1724 Ante, p. 1636.

PUBLIC LAW 99-499—OCT. 17, 1986

"(e) CROSS REFERENCE.—Section 104(i) of CERCLA applies to facilities under the jurisdiction of the Secretary of Defense in the manner prescribed in that section. "(f) FUNCTIONS OF H H S TO B E CARRIED OUT THROUGH A T S D R. —

The functions of the Secretary of Health and Human Services under this section shall be carried out through the Administrator of the Agency of Toxic Substances and Disease Registry of the Department of Health and Human Services established under section 104(i) of CERCLA. 10 USC 2705. State and local governments.

"§ 2705. Notice of environmental restoration activities "(a) EXPEDITED NOTICE.—The Secretary of Defense shall take such actions as necessary to ensure that the regional offices of the Environmental Protection Agency and appropriate State and local authorities for the State in which a facility under the Secretary's jurisdiction is located receive prompt notice of each of the following: "(1) The discovery of releases or threatened releases of hazardous substances at the facility. "(2) The extent of the threat to public health and the environ' ' ment 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 release and the commencement of each . t J i >.i.\ 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 Environmental Protection Agency and appropriate State and local officials have an adequate opportunity to comment on notices under paragraphs (1) and (2) of subsection (a). "(2) PROPOSALS FOR RESPONSE ACTIONS.—The Secretary shall, ii require that an adequate opportunity for timely review and comment be afforded to the Administrator and to appropriate State and local officials after making a proposal referred to in ^*i subsection (a)(3) and before undertaking an activity or action r.> referred to in subsection (a)(4). The preceding sentence does not apply if the action is an emergency removal taken because of g^ imminent and substantial endangerment to human health or the environment and consultation would be impractical. "(c) TECHNICAL REVIEW COMMFTTEE.—Whenever possible and practical, the Secretary shall establish 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 involved. "§ 2706. Annual report to Congress "(a) REPORT ON PROGRESS IN IMPLEMENTATION.—The Secretary of

Defense shall submit to Congress a report each fiscal year describing the prepress made by the Secretary during the preceding fiscal year in implementing the requirements of this chapter. "(b) MATTERS TO B E INCLUDED.—Each such report shall include the following: ^ a-..rt*^«.., *>.t

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