S.Amdt. 2147

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.''.
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