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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2036 Enrolled Bill (ENR)]

        H.R.2036

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Land Disposal Program Flexibility 
Act of 1996''.

SEC. 2. LAND DISPOSAL RESTRICTIONS.

    Section 3004(g) of the Solid Waste Disposal Act is amended by 
adding after paragraph (6) the following:
        ``(7) Solid waste identified as hazardous based solely on one 
    or more characteristics shall not be subject to this subsection, 
    any prohibitions under subsection (d), (e), or (f), or any 
    requirement promulgated under subsection (m) (other than any 
    applicable specific methods of treatment, as provided in paragraph 
    (8)) if the waste--
            ``(A) is treated in a treatment system that subsequently 
        discharges to waters of the United States pursuant to a permit 
        issued under section 402 of the Federal Water Pollution Control 
        Act (commonly known as the ``Clean Water Act'') (33 U.S.C. 
        1342), treated for the purposes of the pretreatment 
        requirements of section 307 of the Clean Water Act (33 U.S.C. 
        1317), or treated in a zero discharge system that, prior to any 
        permanent land disposal, engages in treatment that is 
        equivalent to treatment required under section 402 of the Clean 
        Water Act (33 U.S.C. 1342) for discharges to waters of the 
        United States, as determined by the Administrator; and
            ``(B) no longer exhibits a hazardous characteristic prior 
        to management in any land-based solid waste management unit.
        ``(8) Solid waste that otherwise qualifies under paragraph (7) 
    shall nevertheless be required to meet any applicable specific 
    methods of treatment specified for such waste by the Administrator 
    under subsection (m), including those specified in the rule 
    promulgated by the Administrator June 1, 1990, prior to management 
    in a land-based unit as part of a treatment system specified in 
    paragraph (7)(A). No solid waste may qualify under paragraph (7) 
    that would generate toxic gases, vapors, or fumes due to the 
    presence of cyanide when exposed to pH conditions between 2.0 and 
    12.5.
        ``(9) Solid waste identified as hazardous based on one or more 
    characteristics alone shall not be subject to this subsection, any 
    prohibitions under subsection (d), (e), or (f), or any requirement 
    promulgated under subsection (m) if the waste no longer exhibits a 
    hazardous characteristic at the point of injection in any Class I 
    injection well permitted under section 1422 of title XIV of the 
    Public Health Service Act (42 U.S.C. 300h-1).
        ``(10) Not later than five years after the date of enactment of 
    this paragraph, the Administrator shall complete a study of 
    hazardous waste managed pursuant to paragraph (7) or (9) to 
    characterize the risks to human health or the environment 
    associated with such management. In conducting this study, the 
    Administrator shall evaluate the extent to which risks are 
    adequately addressed under existing State or Federal programs and 
    whether unaddressed risks could be better addressed under such laws 
    or programs. Upon receipt of additional information or upon 
    completion of such study and as necessary to protect human health 
    and the environment, the Administrator may impose additional 
    requirements under existing Federal laws, including subsection 
    (m)(1), or rely on other State or Federal programs or authorities 
    to address such risks. In promulgating any treatment standards 
    pursuant to subsection (m)(1) under the previous sentence, the 
    Administrator shall take into account the extent to which treatment 
    is occurring in land-based units as part of a treatment system 
    specified in paragraph (7)(A).
        ``(11) Nothing in paragraph (7) or (9) shall be interpreted or 
    applied to restrict any inspection or enforcement authority under 
    the provisions of this Act.''.

SEC. 3. GROUND WATER MONITORING.

    (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the 
Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended as follows:
        (1) By striking ``Criteria.--Not later'' and inserting the 
    following: ``Criteria.--
        ``(1) In general.--Not later''.
        (2) By adding at the end the following new paragraphs:
        ``(2) Additional revisions.--Subject to paragraph (3), the 
    requirements of the criteria described in paragraph (1) relating to 
    ground water monitoring shall not apply to an owner or operator of 
    a new municipal solid waste landfill unit, an existing municipal 
    solid waste landfill unit, or a lateral expansion of a municipal 
    solid waste landfill unit, that disposes of less than 20 tons of 
    municipal solid waste daily, based on an annual average, if--
            ``(A) there is no evidence of ground water contamination 
        from the municipal solid waste landfill unit or expansion; and
            ``(B) the municipal solid waste landfill unit or expansion 
        serves--
                ``(i) a community that experiences an annual 
            interruption of at least 3 consecutive months of surface 
            transportation that prevents access to a regional waste 
            management facility; or
                ``(ii) a community that has no practicable waste 
            management alternative and the landfill unit is located in 
            an area that annually receives less than or equal to 25 
            inches of precipitation.
        ``(3) Protection of ground water resources.--
            ``(A) Monitoring requirement.--A State may require ground 
        water monitoring of a solid waste landfill unit that would 
        otherwise be exempt under paragraph (2) if necessary to protect 
        ground water resources and ensure compliance with a State 
        ground water protection plan, where applicable.
            ``(B) Methods.--If a State requires ground water monitoring 
        of a solid waste landfill unit under subparagraph (A), the 
        State may allow the use of a method other than the use of 
        ground water monitoring wells to detect a release of 
        contamination from the unit.
            ``(C) Corrective action.--If a State finds a release from a 
        solid waste landfill unit, the State shall require corrective 
        action as appropriate.
        ``(4) No-migration exemption.--
            ``(A) In general.--Ground water monitoring requirements may 
        be suspended by the Director of an approved State for a 
        landfill operator if the operator demonstrates that there is no 
        potential for migration of hazardous constituents from the unit 
        to the uppermost aquifer during the active life of the unit and 
        the post-closure care period.
            ``(B) Certification.--A demonstration under subparagraph 
        (A) shall be certified by a qualified ground-water scientist 
        and approved by the Director of an approved State.
            ``(C) Guidance.--Not later than 6 months after the date of 
        enactment of this paragraph, the Administrator shall issue a 
        guidance document to facilitate small community use of the no 
        migration exemption under this paragraph.
        ``(5) Alaska native villages.--Upon certification by the 
    Governor of the State of Alaska that application of the 
    requirements described in paragraph (1) to a solid waste landfill 
    unit of a Native village (as defined in section 3 of the Alaska 
    Native Claims Settlement Act (16 U.S.C. 1602)) or unit that is 
    located in or near a small, remote Alaska village would be 
    infeasible, or would not be cost-effective, or is otherwise 
    inappropriate because of the remote location of the unit, the State 
    may exempt the unit from some or all of those requirements. This 
    paragraph shall apply only to solid waste landfill units that 
    dispose of less than 20 tons of municipal solid waste daily, based 
    on an annual average.
        ``(6) Further revisions of guidelines and criteria.--
    Recognizing the unique circumstances of small communities, the 
    Administrator shall, not later than two years after enactment of 
    this provision promulgate revisions to the guidelines and criteria 
    promulgated under this subtitle to provide additional flexibility 
    to approved States to allow landfills that receive 20 tons or less 
    of municipal solid waste per day, based on an annual average, to 
    use alternative frequencies of daily cover application, frequencies 
    of methane gas monitoring, infiltration layers for final cover, and 
    means for demonstrating financial assurance: Provided, That such 
    alternative requirements take into account climatic and 
    hydrogeologic conditions and are protective of human health and 
    environment.''.
    (b) Reinstatement of Regulatory Exemption.--It is the intent of 
section 4010(c)(2) of the Solid Waste Disposal Act, as added by 
subsection (a), to immediately reinstate subpart E of part 258 of title 
40, Code of Federal Regulations, as added by the final rule published 
at 56 Federal Register 50798 on October 9, 1991.

SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT.

    The Solid Waste Disposal Act is amended as follows:
        (1) In section 3001(d)(5) by striking ``under section 3001'' 
    and inserting ``under this section''.
        (2) By inserting a semicolon at the end of section 
    3004(q)(1)(C).
        (3) In section 3004(g), by striking ``subparagraph (A) through 
    (C)'' in paragraph (5) and inserting ``subparagraphs (A) through 
    (C)''.
        (4) In section 3004(r)(2)(C), by striking ``pertroleum-
    derived'' and inserting ``petroleum-derived''.
        (5) In section 3004(r)(3) by inserting after ``Standard'' the 
    word ``Industrial''.
        (6) In section 3005(a), by striking ``polycholorinated'' and 
    inserting ``polychlorinated''.
        (7) In section 3005(e)(1), by inserting a comma at the end of 
    subparagraph (C).
        (8) In section 4007(a), by striking ``4003'' in paragraphs (1) 
    and (2)(A) and inserting ``4003(a)''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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