In the Senate of the United States,

February 20 (legislative day, February 7), 1996.

Resolved, That the bill from the House of Representatives (H.R. 2036) entitled ‘‘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.’’, do pass with the following

AMENDMENTS:

1 Ω1æPage 2, line 3, strike out ø1995¿ and insert: 1996

2 Ω2æPage 2, strike out all after line 3 over to and including

3 line 15 on page 4 and insert:

4 SEC. 2. LAND DISPOSAL RESTRICTIONS.

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

6 amended by adding after paragraph (6) the following:

7 ‘‘(7) Solid waste identified as hazardous based

8 solely on one or more characteristics shall not be sub9 ject to this subsection, any prohibitions under sub10 section (d), (e), or (f), or any requirement promul11 gated under subsection (m) (other than any applica-
2

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1 ble specific methods of treatment, as provided in

2 paragraph (8)) if the waste—

3 ‘‘(A) is treated in a treatment system that

4 subsequently discharges to waters of the United

5 States pursuant to a permit issued under section

6 402 of the Federal Water Pollution Control Act

7 (commonly known as the ‘‘Clean Water Act’’) (33

8 U.S.C. 1342), treated for the purposes of the

9 pretreatment requirements of section 307 of the

10 Clean Water Act (33 U.S.C. 1317), or treated in

11 a zero discharge system that, prior to any per12 manent land disposal, engages in treatment that

13 is equivalent to treatment required under section

14 402 of the Clean Water Act (33 U.S.C. 1342) for

15 discharges to waters of the United States, as de16 termined by the Administrator; and

17 ‘‘(B) no longer exhibits a hazardous char18 acteristic prior to management in any land19 based solid waste management unit.

20 ‘‘(8) Solid waste that otherwise qualifies under

21 paragraph (7) shall nevertheless be required to meet

22 any applicable specific methods of treatment specified

23 for such waste by the Administrator under subsection

24 (m), including those specified in the rule promulgated

25 by the Administrator June 1, 1990, prior to manage-
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1 ment in a land-based unit as part of a treatment sys2 tem specified in paragraph (7)(A). No solid waste

3 may qualify under paragraph (7) that would generate

4 toxic gases, vapors, or fumes due to the presence of cy5 anide when exposed to pH conditions between 2.0 and

6 12.5.

7 ‘‘(9) Solid waste identified as hazardous based

8 on one or more characteristics alone shall not be sub9 ject to this subsection, any prohibitions under sub10 section (d), (e), or (f), or any requirement promul11 gated under subsection (m) if the waste no longer ex12 hibits a hazardous characteristic at the point of injec13 tion in any Class I injection well permitted under

14 section 1422 of title XIV of the Public Health Service

15 Act (42 U.S.C. 300h–1).

16 ‘‘(10) Not later than five years after the date of

17 enactment of this paragraph, the Administrator shall

18 complete a study of hazardous waste managed pursu19 ant to paragraph (7) or (9) to characterize the risks

20 to human health or the environment associated with

21 such management. In conducting this study, the Ad22 ministrator shall evaluate the extent to which risks

23 are adequately addressed under existing State or Fed24 eral programs and whether unaddressed risks could be

25 better addressed under such laws or programs. Upon
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1 receipt of additional information or upon completion

2 of such study and as necessary to protect human

3 health and the environment, the Administrator may

4 impose additional requirements under existing Fed5 eral laws, including subsection (m)(1), or rely on

6 other State or Federal programs or authorities to ad7 dress such risks. In promulgating any treatment

8 standards pursuant to subsection (m)(1) under the

9 previous sentence, the Administrator shall take into

10 account the extent to which treatment is occurring in

11 land-based units as part of a treatment system speci12 fied in paragraph (7)(A).

13 ‘‘(11) Nothing in paragraph (7) or (9) shall be

14 interpreted or applied to restrict any inspection or

15 enforcement authority under the provisions of this

16 Act.’’.

17 Ω3æPage 7, line 12, strike out øparagraph.’’.¿ and insert:

18 paragraph.

19 Ω4æPage 7, after line 12 insert:

20 ‘‘(5) ALASKA NATIVE VILLAGES.—Upon certifi21 cation by the Governor of the State of Alaska that ap22 plication of the requirements described in paragraph

23 (1) to a solid waste landfill unit of a Native village

24 (as defined in section 3 of the Alaska Native Claims

25 Settlement Act (16 U.S.C. 1602)) or unit that is lo-
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1 cated in or near a small, remote Alaska village would

2 be infeasible, or would not be cost-effective, or is other3 wise inappropriate because of the remote location of

4 the unit, the State may exempt the unit from some

5 or all of those requirements. This paragraph shall

6 apply only to solid waste landfill units that dispose

7 of less than 20 tons of municipal solid waste daily,

8 based on an annual average.

9 ‘‘(6) FURTHER REVISIONS OF GUIDELINES AND

10 CRITERIA.—Recognizing the unique circumstances of

11 small communities, the Administrator shall, not later

12 than two years after enactment of this provision pro13 mulgate revisions to the guidelines and criteria pro14 mulgated under this subtitle to provide additional

15 flexibility to approved States to allow landfills that

16 receive 20 tons or less of municipal solid waste per

17 day, based on an annual average, to use alternative

18 frequencies of daily cover application, frequencies of

19 methane gas monitoring, infiltration layers for final

20 cover, and means for demonstrating financial assur21 ance: Provided, That such alternative requirements

22 take into account climatic and hydrogeologic condi-
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1 tions and are protective of human health and envi2 ronment.’’.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 2036

AMENDMENTS