IIA

104TH CONGRESS

2D SESSION H. R. 2036

IN THE SENATE OF THE UNITED STATES

FEBRUARY 1, 1996

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To amend the Solid Waste Disposal Act to make certain

adjustments in the land disposal program to provide

needed flexibility, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Land Disposal Pro3 gram Flexibility Act of 1995’’.

4 SEC. 2. LAND DISPOSAL BAN.

5 Section 3004(g) of the Solid Waste Disposal Act (42

6 U.S.C. 6924(g)) is amended by adding the following after

7 paragraph (6):

8 ‘‘(7) Solid waste identified as hazardous based on one

9 or more characteristics alone shall not be subject to this

10 subsection, any prohibitions under subsection (d), (e), or

11 (f), or any requirement (other than any applicable specific

12 method of treatment) promulgated under subsection (m)

13 if such waste—

14 ‘‘(A)(i) is managed in a treatment system which

15 subsequently discharges to waters of the United

16 States pursuant to a permit issued under section

17 402 of the Clean Water Act (33 U.S.C. 1342); (ii)

18 treated for the purposes of the pretreatment require19 ments of section 307 of the Clean Water Act (33

20 U.S.C. 1317); (iii) or managed in a zero discharge

21 system that, prior to any permanent land disposal,

22 engages in Clean Water Act-equivalent treatment as

23 determined by the Administrator;

24 ‘‘(B) no longer exhibits a hazardous char25 acteristic prior to management in any land-based

26 solid waste management unit;
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1 ‘‘(C) has met any applicable specific method of

2 treatment promulgated by the Administrator under

3 section 3004(m) (42 U.S.C. 6924(m)); and

4 ‘‘(D) would not generate toxic gases, vapors, or

5 fumes due to the presence of cyanide at the point of

6 generation when exposed to pH conditions between

7 2 and 12.5.

8 ‘‘(8) Not later than 5 years after the date of enact9 ment of this paragraph, the Administrator shall complete

10 a study of hazardous wastes managed pursuant to para11 graph (7) to characterize the risks to human health or

12 the environment associated with such management. In

13 conducting the study, the Administrator shall evaluate the

14 extent to which the risks are adequately addressed under

15 existing State or Federal programs and whether

16 unaddressed risks could be better addressed under such

17 Federal laws or programs. Upon completion of such study

18 or upon receipt of additional information, and as necessary

19 to protect human health and the environment, the Admin20 istrator may, after notice and opportunity for comment,

21 impose additional requirements, including requirements

22 under section 3004(m)(1) or defer management of such

23 wastes to other State or Federal programs or authorities.

24 Compliance with any treatment standards promulgated

25 pursuant to section 3004(m)(1) may be determined either
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1 prior to management in, or after discharge from, a land2 based unit as part of a treatment system specified in sub3 paragraph (A) of paragraph (7). Nothing in this para4 graph shall be construed to modify, supplement, or other5 wise affect the application or authority of any other Fed6 eral law or the standards applicable under any other Fed7 eral law.

8 ‘‘(9) Solid waste identified as hazardous based on one

9 or more characteristics alone shall not be subject to this

10 subsection, any prohibition under subsection (d), (e), or

11 (f), or any requirement promulgated under subsection (m)

12 of this section if the waste no longer exhibits a hazardous

13 characteristic at the point of injection in any Class I in14 junction well regulated under section 1422 of title XIV

15 of the Public Health Service Act (42 U.S.C. 300h–1).’’.

16 SEC. 3. GROUND WATER MONITORING.

17 (a) AMENDMENT OF SOLID WASTE DISPOSAL ACT.—

18 Section 4010(c) of the Solid Waste Disposal Act (42

19 U.S.C. 6949a(c)) is amended as follows:

20 (1) By striking ‘‘CRITERIA.—Not later’’ and in21 serting the following: ‘‘CRITERIA.—

22 ‘‘(1) IN GENERAL.—Not later’’.

23 (2) By adding at the end the following new

24 paragraphs:
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1 ‘‘(2) ADDITIONAL REVISIONS.—Subject to para2 graph (3), the requirements of the criteria described

3 in paragraph (1) relating to ground water monitor4 ing shall not apply to an owner or operator of a new

5 municipal solid waste landfill unit, an existing mu6 nicipal solid waste landfill unit, or a lateral expan7 sion of a municipal solid waste landfill unit, that dis8 poses of less than 20 tons of municipal solid waste

9 daily, based on an annual average, if—

10 ‘‘(A) there is no evidence of ground water

11 contamination from the municipal solid waste

12 landfill unit or expansion; and

13 ‘‘(B) the municipal solid waste landfill unit

14 or expansion serves—

15 ‘‘(i) a community that experiences an

16 annual interruption of at least 3 consecu17 tive months of surface transportation that

18 prevents access to a regional waste man19 agement facility; or

20 ‘‘(ii) a community that has no prac21 ticable waste management alternative and

22 the landfill unit is located in an area that

23 annually receives less than or equal to 25

24 inches of precipitation.
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1 ‘‘(3) PROTECTION OF GROUND WATER RE2 SOURCES.—

3 ‘‘(A) MONITORING REQUIREMENT.—A

4 State may require ground water monitoring of

5 a solid waste landfill unit that would otherwise

6 be exempt under paragraph (2) if necessary to

7 protect ground water resources and ensure com8 pliance with a State ground water protection

9 plan, where applicable.

10 ‘‘(B) METHODS.—If a State requires

11 ground water monitoring of a solid waste land12 fill unit under subparagraph (A), the State may

13 allow the use of a method other than the use

14 of ground water monitoring wells to detect a re15 lease of contamination from the unit.

16 ‘‘(C) CORRECTIVE ACTION.—If a State

17 finds a release from a solid waste landfill unit,

18 the State shall require corrective action as ap19 propriate.

20 ‘‘(4) NO-MIGRATION EXEMPTION.—

21 ‘‘(A) IN GENERAL.—Ground water mon22 itoring requirements may be suspended by the

23 Director of an approved State for a landfill op24 erator if the operator demonstrates that there is

25 no potential for migration of hazardous con-
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1 stituents from the unit to the uppermost aqui2 fer during the active life of the unit and the

3 post-closure care period.

4 ‘‘(B) CERTIFICATION.—A demonstration

5 under subparagraph (A) shall be certified by a

6 qualified ground-water scientist and approved

7 by the Director of an approved State.

8 ‘‘(C) GUIDANCE.—Not later than 6 months

9 after the date of enactment of this paragraph,

10 the Administrator shall issue a guidance docu11 ment to facilitate small community use of the

12 no migration exemption under this paragraph.’’.

13 (b) REINSTATEMENT OF REGULATORY EXEMP14 TION.—It is the intent of section 4010(c)(2) of the Solid

15 Waste Disposal Act, as added by subsection (a), to imme16 diately reinstate subpart E of part 258 of title 40, Code

17 of Federal Regulations, as added by the final rule pub18 lished at 56 Federal Register 50798 on October 9, 1991.

19 SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DIS20 POSAL ACT.

21 The Solid Waste Disposal Act is amended as follows:

22 (1) In section 3001(d)(5) by striking ‘‘under

23 section 3001’’ and inserting ‘‘under this section’’.

24 (2) By inserting a semicolon at the end of sec25 tion 3004(q)(1)(C).
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1 (3) In section 3004(g), by striking ‘‘subpara2 graph (A) through (C)’’ in paragraph (5) and insert3 ing ‘‘subparagraphs (A) through (C)’’.

4 (4) In section 3004(r)(2)(C), by striking

5 ‘‘pertroleum-derived’’ and inserting ‘‘petroleum-de6 rived’’.

7 (5) In section 3004(r)(3) by inserting after

8 ‘‘Standard’’ the word ‘‘Industrial’’.

9 (6) In section 3005(a), by striking

10 ‘‘polycholorinated’’ and inserting ‘‘polychlorinated’’.

11 (7) In section 3005(e)(1), by inserting a comma

12 at the end of subparagraph (C).

13 (8) In section 4007(a), by striking ‘‘4003’’ in

14 paragraphs (1) and (2)(A) and inserting ‘‘4003(a)’’.

Passed the House of Representatives January 31,

1996.

Attest: ROBIN H. CARLE,

Clerk.