S.567 National Defense Authorization Act for Fiscal Year 2008 (Introduced in Senate) May 2007 SEC. 314. RANGE MANAGEMENT. (a) Definition of Solid Waste- (1) The term `solid waste' as used in the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 et seq.), does not include-- (A) military munitions, including unexploded ordnance; or (B) the constituents thereof, that are or have come to be located, incident to their normal and expected use, on an operational range, and remain thereon. (2) Paragraph (1) shall not apply to-- (A) military munitions, including unexploded ordnance; or (B) the constituents thereof, that-- (i) are recovered, collected, and then disposed of by burial or landfilling; (ii) have migrated off an operational range; (iii) come to be located off of an operational range; or (iv) remain on the range once the range ceases to be an operational range. (3) Nothing in this section affects the authority of federal, state, interstate, or local regulatory authorities to determine when-- (A) military munitions, including unexploded ordnance; or (B) the constituents thereof, become hazardous waste for purposes of the Solid Waste Disposal Act, as amended, including, but not limited to, sections 7002 and 7003 (42 U.S.C. 6972 and 6973), except for military munitions, including unexploded ordnance, or the constituents thereof, that are excluded from the definition of solid waste by this subsection. (b) Definition of Release- (1) The term `release' as used in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq.), does not include the deposit or presence of any-- (A) military munitions, including unexploded ordnance; or (B) the constituents thereof, that are or have come to be located, incident to their normal and expected use, on an operational range, and remain thereon. (2) Paragraph (1) shall not apply to-- (A) military munitions, including unexploded ordnance; or (B) the constituents thereof, that-- (i) migrate off an operational range; (ii) come to be located off of an operational range; or (iii) remain on the range once the range ceases to be an operational range. (3) Notwithstanding the provisions of paragraph (1), the authority of the President under section 106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a)), to take action because there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance includes the authority to take action because of the deposit or presence of any-- (A) military munitions, including unexploded ordnance; or (B) the constituents thereof, that are or have come to be located, incident to their normal and expected use, on an operational range, and remain thereon. (c) Definitions- (1) For purposes of this section, the term `constituents' means any materials originating from military munitions, including-- (A) unexploded ordnance; (B) explosive and non-explosive materials; and (C) emission, degradation, or breakdown products of such munitions. (2) For purposes of this section, the terms `military munitions', `operational range', and `unexploded ordnance' have the meanings given such terms in section 101(e) of title 10, United States Code. (d) Change in Range Status- Nothing in this section affects the legal requirements applicable to-- (1) military munitions, including unexploded ordnance; or (2) the constituents thereof, that have come to be located on an operational range, once the range ceases to be an operational range. (e) Continuation of Authority- Nothing in this section affects the authority of the Department of Defense to protect the environment, safety, and health on operational ranges. SEC. 315. AIR QUALITY PLANS. (a) Conformity With Clean Air Act- In any case in which the requirements of section 176(c) of the Clean Air Act would have applied to proposed military readiness activities, the Department of Defense shall not be prohibited from engaging in such activities and it shall have up to three years, from the date such activities begin, to satisfy the requirements of that section, provided: (1) the Department of Defense has provided the State in which the proposed military readiness activities would occur an estimate of the annual emissions caused by the proposed military readiness activities for all criteria pollutants for which the area is designated `non-attainment' or `maintenance'; and (2) the State provides written concurrence with the extension of up to three years. (b) Environmental Protection Agency Approval- Notwithstanding any other provisions of law, an implementation plan or plan revision required under the Clean Air Act shall be approved by the Administrator of the Environmental Protection Agency if: (1) such plan or revision meets all the requirements applicable to it under the Clean Air Act other than a requirement that such plan or revision demonstrate attainment and maintenance of the relevant national ambient air quality standards by the attainment date specified under the applicable provision of the Act, or in a regulation promulgated under such provision; and (2) the submitting State established to the satisfaction of the Administrator that the implementation plan of such State would be adequate to attain and maintain the relevant national ambient air quality standards by the attainment date specified under the applicable provision of the Act, or in a regulation promulgated under such provision, but for emissions emanating from military readiness activities not otherwise meeting section 176(c) of the Act pursuant to subsection (a) of this section. (c) Effect on State Compliance With Ozone Standards- Notwithstanding any other provisions of law, any State that establishes to the satisfaction of the Administrator that, with respect to an ozone non-attainment area in such State, such State would have attained the national ambient air quality standard for ozone by the applicable attainment date, but for emissions emanating from military readiness activities not otherwise meeting section 176(c) of the Clean Air Act pursuant to subsection (a) of this section, shall not be subject to the provisions of section 181(b)(2) and (4) or section 185 of the Act. (d) Effect on State Compliance With Carbon Monoxide Standards- Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator, with respect to a carbon monoxide non-attainment area in such State, that such State has attained the national ambient air quality standard for carbon monoxide by the applicable attainment date, but for emissions emanating from military readiness activities not otherwise meeting section 176(c) of the Clean Air Act pursuant to subsection (a) of this section, shall not be subject to the provisions of section 186(b)(2) or 187(g) of the Act. (e) Effect on State Compliance With PM-10 Standards- Notwithstanding any other provisions of law, any State that establishes to the satisfaction of the Administrator that, with respect to a PM-10 non-attainment area in such State, such State would have attained the national ambient air quality standard for PM-10 by the applicable attainment date, but for emission emanating from military readiness activities not otherwise meeting section 176(c) of the Clean Air Act pursuant to subsection (a) of this section, shall not be subject to the provisions of section 188(b)(2) of the Act. (f) Military Readiness Activities- The term `military readiness activities' (1) includes-- (A) all training and operations of the Armed Forces that relate to combat; and (B) the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use; but (2) does not include-- (A) the routine operation of installation operating support functions, including but not limited to heat and electric production, administrative offices, military exchanges, commissaries, water treatment facilities, storage facilities, schools, housing, motor pools, laundries, morale, welfare, and recreation activities, shops, and mess halls; (B) the operation of industrial activities; or (C) the construction or demolition of facilities used for a purpose described in paragraph (1). Source: http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110SBlNO2::