PUBLIC LAW 104–119—MAR. 26, 1996

LAND DISPOSAL PROGRAM FLEXIBILITY ACT

OF 1996

110 STAT. 830 PUBLIC LAW 104–119—MAR. 26, 1996

Public Law 104–119

104th Congress

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.

42 USC 6924.

Environmental

protection.

42 USC 6901

note.

Land Disposal

Program

Flexibility

Act of 1996.

Mar. 26, 1996

[H.R. 2036]

PUBLIC LAW 104–119—MAR. 26, 1996 110 STAT. 831

‘‘(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

110 STAT. 832 PUBLIC LAW 104–119—MAR. 26, 1996

‘‘(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

PUBLIC LAW 104–119—MAR. 26, 1996 110 STAT. 833

LEGISLATIVE HISTORY—H.R. 2036:

HOUSE REPORTS: No. 104–454 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 142 (1996):

Jan. 30, 31, considered and passed House.

Feb. 20, considered and passed Senate, amended.

Mar. 7, House concurred in Senate amendments.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Mar. 26, Presidential statement.

Æ

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 ‘‘pertroleumderived’’ 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)’’.

Approved March 26, 1996.

42 USC 6947.

42 USC 6925.

42 USC 6924.

42 USC 6921.

42 USC 6949a

note.