--- kind: "section" citation: "10 U.S.C. § 2704" title: "10" title_heading: "Armed Forces" number: "2704" heading: "Commonly found unregulated hazardous substances" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/2704" units: - "Subtitle A — General Military Law" - "Part IV — Service, Supply, and Property" - "Chapter 160 — Environmental Restoration" --- # §2704. Commonly found unregulated hazardous substances - (a) **Notice to HHS.—** - (1) **In general.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall notify the [Secretary](/usc/10/4951.md?p=3) of Health and Human Services of the [hazardous substances](/usc/10/2700.md?p=2) which the [Secretary](/usc/10/4951.md?p=3) of Defense determines to be the most commonly found unregulated [hazardous substances](/usc/10/2700.md?p=2) at [facilities](/usc/10/2700.md?p=2) under the [Secretary](/usc/10/4951.md?p=3)’s jurisdiction. The notification shall be of not less than the 25 most widely used such substances. - (2) **Definition.—** In this subsection, the term “unregulated [hazardous substance](/usc/10/2700.md?p=2)” means a [hazardous substance](/usc/10/2700.md?p=2)— - (A) for which no standard, requirement, criteria, or limitation is in effect under the Toxic Substances Control Act, the Safe Drinking Water Act, the Clean Air Act, or the Clean Water Act; and - (B) for which no water quality criteria are in effect under any provision of the Clean Water Act. - (b) **Toxicological Profiles.—** The [Secretary](/usc/10/4951.md?p=3) of Health and Human Services shall take such steps as necessary to ensure the timely preparation of toxicological profiles of each of the substances of which the [Secretary](/usc/10/4951.md?p=3) is notified under [subsection (a)](#a). The profiles of such substances shall include each of the following: - (1) The examination, summary, and interpretation of available toxicological information and epidemiologic evaluations on a [hazardous substance](/usc/10/2700.md?p=2) in order to ascertain the levels of significant human exposure for the substance and the associated acute, subacute, and chronic health effects. - (2) A determination of whether adequate information on the health effects of each substance is available or in the process of development to determine levels of exposure which present a significant risk to human health of acute, subacute, and chronic health effects. - (3) Where appropriate, toxicological testing directed toward determining the maximum exposure level of a [hazardous substance](/usc/10/2700.md?p=2) that is safe for humans. - (c) **DOD Support.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall transfer to the [Secretary](/usc/10/4951.md?p=3) of Health and Human Services such toxicological data, such sums from amounts appropriated to the [Department](/usc/10/101.md?p=a-6) of Defense, and such personnel of the [Department](/usc/10/101.md?p=a-6) of Defense as may be necessary (1) for the preparation of toxicological profiles under subsection [(b)](#b) or (2) for other health related activities under section 104(i) of [CERCLA](/usc/10/2700.md?p=1) ([42 U.S.C. 9604(i)](/usc/42/9604.md?p=i)). The [Secretary](/usc/10/4951.md?p=3) of Defense and the [Secretary](/usc/10/4951.md?p=3) of Health and Human Services shall enter into a memorandum of understanding regarding the manner in which this section shall be carried out, including the manner for transferring funds and personnel and for coordination of activities under this section. - (d) **EPA Health Advisories.—** - (1) **Preparation.—** At the request of the [Secretary](/usc/10/4951.md?p=3) of Defense, the [Administrator](/usc/10/2700.md?p=3) shall, in a timely manner, prepare health advisories on [hazardous substances](/usc/10/2700.md?p=2). Such an advisory shall be prepared on each [hazardous substance](/usc/10/2700.md?p=2)— - (A) for which no advisory exists; - (B) which is found to threaten drinking water; and - (C) which is emanating from a [facility](/usc/10/2700.md?p=2) under the jurisdiction of the [Secretary](/usc/10/4951.md?p=3). - (2) **Content of health advisories.—** Such health advisories shall provide specific advice on the levels of contaminants in drinking water at which adverse health effects would not be anticipated and which include a margin of safety so as to protect the most sensitive members of the population at risk. The advisories shall provide data on one-day, 10-day, and longer-term exposure periods where available toxicological data exist. - (3) **DOD support for health advisories.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall transfer to the [Administrator](/usc/10/2700.md?p=3) such toxicological data, such sums from amounts appropriated to the [Department](/usc/10/101.md?p=a-6) of Defense, and such personnel of the [Department](/usc/10/101.md?p=a-6) of Defense as may be necessary for the preparation of such health advisories. The [Secretary](/usc/10/4951.md?p=3) and the [Administrator](/usc/10/2700.md?p=3) shall enter into a memorandum of understanding regarding the manner in which this subsection shall be carried out, including the manner for transferring funds and personnel and for coordination of activities under this subsection. - (e) **Cross Reference.—** Section 104(i) of [CERCLA](/usc/10/2700.md?p=1) ([42 U.S.C. 9604(i)](/usc/42/9604.md?p=i)) applies to [facilities](/usc/10/2700.md?p=2) under the jurisdiction of the [Secretary](/usc/10/4951.md?p=3) of Defense in the manner prescribed in that section. - (f) **Functions of HHS To Be Carried Out Through ATSDR.—** The [functions](/usc/10/467.md?p=1) of the [Secretary](/usc/10/4951.md?p=3) of Health and Human Services under this section shall be carried out through the [Administrator](/usc/10/2700.md?p=3) of the [Agency](/usc/10/3451.md?p=3) for Toxic Substances and Disease Registry of the [Department](/usc/10/101.md?p=a-6) of Health and Human Services established under section 104(i) of [CERCLA](/usc/10/2700.md?p=1) ([42 U.S.C. 9604(i)](/usc/42/9604.md?p=i)). ## Source credit (Added Pub. L. 99–499, title II, § 211(a)(1)(B), Oct. 17, 1986, 100 Stat. 1722; amended Pub. L. 102–25, title VII, § 701(j)(10), Apr. 6, 1991, 105 Stat. 116; Pub. L. 108–375, div. A, title X, § 1084(d)(27), Oct. 28, 2004, 118 Stat. 2063.) ## Notes ### Editorial Notes ### References in Text The Toxic Substances Control Act, referred to in subsec. (a)(2)(A), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. The Safe Drinking Water Act, referred to in subsec. (a)(2)(A), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. The Clean Air Act, referred to in subsec. (a)(2)(A), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 15B (§ 1857 et seq.) of Title 42. On enactment of Pub. L. 95–95, the Act was reclassified to chapter 85 (§ 7401 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The Clean Water Act, referred to in subsec. (a)(2), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. ### Amendments 2004—Subsecs. (c), (e), (f). Pub. L. 108–375 inserted “(42 U.S.C. 9604(i))” after “CERCLA”. 1991—Subsec. (f). Pub. L. 102–25 substituted “Agency for Toxic Substances” for “Agency of Toxic Substances”.