Page:United States Statutes at Large Volume 124.djvu/4439

124 STAT. 4413 PUBLIC LAW 111–383—JAN. 7, 2011 munitions stockpile stored at a site until the following support measures are in place: ‘‘(1) Support measures that are required by Department of Defense and Army chemical surety and security program regulations. ‘‘(2) Support measures that are required by the general and site chemical munitions demilitarization plans specific to that installation. ‘‘(3) Support measures that are required by the permits required by the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for chemical munitions demilitarization operations at that installa- tion, as approved by the appropriate State regulatory agencies. ‘‘(d) ENVIRONMENTAL PROTECTION AND USE OF FACILITIES.— (1) In carrying out the requirement of subsection (a), the Secretary of Defense shall provide for— ‘‘(A) maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions referred to in subsection (a), including but not limited to the use of tech- nologies and procedures that will minimize risk to the public at each site; and ‘‘(B) adequate and safe facilities designed solely for the destruction of lethal chemical agents and munitions. ‘‘(2) Facilities constructed to carry out this section shall, when no longer needed for the purposes for which they were constructed, be disposed of in accordance with applicable laws and regulations and mutual agreements between the Secretary of the Army and the Governor of the State in which the facility is located. ‘‘(3)(A) Facilities constructed to carry out this section may not be used for a purpose other than the destruction of the stockpile of lethal chemical agents and munitions that exists on November 8, 1985. ‘‘(B) The prohibition in subparagraph (A) shall not apply with respect to items designated by the Secretary of Defense as lethal chemical agents, munitions, or related materials after November 8, 1985, if the State in which a destruction facility is located issues the appropriate permit or permits for the destruction of such items at the facility. ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS.—(1)(A) In order to carry out subsection (d)(1)(A), the Secretary of Defense may make grants to State and local governments and to tribal organiza- tions (either directly or through the Federal Emergency Manage- ment Agency) to assist those governments and tribal organizations in carrying out functions relating to emergency preparedness and response in connection with the disposal of the lethal chemical agents and munitions referred to in subsection (a). Funds available to the Department of Defense for the purpose of carrying out this section may be used for such grants. ‘‘(B) Additionally, the Secretary may provide funds through cooperative agreements with State and local governments, and with tribal organizations, for the purpose of assisting them in processing, approving, and overseeing permits and licenses necessary for the construction and operation of facilities to carry out this section. The Secretary shall ensure that funds provided through such a cooperative agreement are used only for the purpose set forth in the preceding sentence.