II

104TH CONGRESS

1ST SESSION S. 1497

To amend the Solid Waste Disposal Act to make certain adjustments in

the land disposal program to provide needed flexibility, and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 21, 1995

Mr. NICKLES (for himself, Mr. SMITH, Mr. PRYOR, Mr. BOND, Mr. BUMPERS,

Mr. INHOFE, Mr. LOTT, Mr. BREAUX, Mr. JOHNSTON, Mr. ABRAHAM,

Mr. KEMPTHORNE, Mr. LIEBERMAN, Mr. FAIRCLOTH, Mr. GLENN, and

Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Land Disposal Pro5 gram Flexibility Act of 1995’’.

6 SEC. 2. LAND DISPOSAL RESTRICTIONS.

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

8 amended by adding the following after paragraph (6):
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1 ‘‘(7) Solid waste identified as hazardous based

2 solely on one or more characteristics shall not be

3 subject to this subsection, any prohibitions under

4 subsection (d), (e), or (f), or any requirement other

5 than any applicable specific methods of treatment

6 promulgated under subsection (m) if the waste—

7 ‘‘(A) is managed in a treatment system

8 that subsequently discharges to waters of the

9 United States pursuant to a permit issued

10 under section 402 of the Federal Water Pollu11 tion Control Act (commonly known as the

12 ‘‘Clean Water Act’’) (33 U.S.C. 1342), treated

13 for the purposes of the pretreatment require14 ments of section 307 of the Clean Water Act

15 (33 U.S.C. 1317), or managed in a zero dis16 charge system that, prior to any permanent

17 land disposal, engages in treatment that is

18 equivalent to treatment required under the Fed19 eral Water Pollution Control Act (33 U.S.C.

20 1251 et seq.), as determined by the Adminis21 trator;

22 ‘‘(B) no longer exhibits a hazardous char23 acteristic prior to management in any land24 based solid waste management unit;
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1 ‘‘(C) has met any applicable specific meth2 od of treatment promulgated by the Adminis3 trator under subsection (m); and

4 ‘‘(D) would not generate toxic gases, va5 pors, or fumes due to the presence of cyanide

6 at the point of generation when exposed to pH

7 conditions between 2 and 12.5.

8 ‘‘(8) The Administrator shall conduct a study

9 of hazardous waste managed pursuant to paragraph

10 (7) to characterize the risks to human health or the

11 environment associated with such management. In

12 conducting this study, the Administrator shall evalu13 ate the extent to which risks are adequately ad14 dressed under existing State or Federal programs

15 and whether unaddressed risks could be better ad16 dressed under such Federal laws or programs. Upon

17 completion of such study or upon receipt of addi18 tional information and as necessary to protect

19 human health and the environment, the Adminis20 trator may impose additional requirements under ex21 isting Federal laws, including subsection (m)(1), or

22 defer management of such risks to other State or

23 Federal programs or authorities. Compliance with

24 any treatment standards promulgated pursuant to

25 subsection (m)(1) may be determined either prior to
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1 management in, or after discharge from, a land2 based unit as part of a treatment system specified

3 in paragraph (7)(A).

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

5 on one or more characteristics alone shall not be

6 subject to this subsection, any prohibitions under

7 subsection (d), (e), or (f), or any requirement pro8 mulgated under subsection (m) if the waste no

9 longer exhibits a hazardous characteristic at the

10 point of injection in any Class I injection well regu11 lated under section 1422 of title XIV of the Public

12 Health Service Act (42 U.S.C. 300h–1).’’.

Æ