SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Land Disposal Program
Flexibility Act of 1995’’.
SEC. 2. LAND DISPOSAL BAN.
Section 3004(g) of the Solid Waste Disposal Act (42
U.S.C. 6924(g)) is amended by adding the following after
paragraph (6):
‘‘(7) Solid waste identified as hazardous based on one
or more characteristics alone shall not be subject to this sub-
section, any prohibitions under subsection (d), (e), or (f),
or any requirement (other than any applicable specific
method of treatment) promulgated under subsection (m) if
such waste—
‘‘(A)(i) is managed in a treatment system which
subsequently discharges to waters of the United States
pursuant to a permit issued under section 402 of the
Clean Water Act (33 U.S.C. 1342); (ii) treated for the
purposes of the pretreatment requirements of section
307 of the Clean Water Act (33 U.S.C. 1317); (iii) or
managed in a zero discharge system that, prior to
any permanent land disposal, engages in Clean Water
Act-equivalent treatment as determined by the Ad-
ministrator;
‘‘(B) no longer exhibits a hazardous characteris-
tic prior to management in any land-based solid
waste management unit;
‘‘(C) has met any applicable specific method of
treatment promulgated by the Administrator under
section 3004(m) (42 U.S.C. 6924(m)); and
‘‘(D) would not generate toxic gases, vapors, or
fumes due to the presence of cyanide at the point of
generation when exposed to pH conditions between 2
and 12.5.
‘‘(8) Not later than 5 years after the date of enactment
of this paragraph, the Administrator shall complete a study
of hazardous wastes managed pursuant to paragraph (7)
to characterize the risks to human health or the environ-
ment associated with such management. In conducting the
study, the Administrator shall evaluate the extent to which
the risks are adequately addressed under existing State or
Federal programs and whether unaddressed risks could be
better addressed under such Federal laws or programs.
Upon completion of such study or upon receipt of addi-
tional information, and as necessary to protect human
health and the environment, the Administrator may, after
notice and opportunity for comment, impose additional re-
quirements, 
including 
requirements 
under 
section
3004(m)(1) or defer management of such wastes to other
State or Federal programs or authorities. Compliance with
any treatment standards promulgated pursuant to section
3004(m)(1) may be determined either prior to management
in, or after discharge from, a land-based unit as part of
a treatment system specified in subparagraph (A) of para-
graph (7). Nothing in this paragraph shall be construed to
modify, supplement, or otherwise affect the application or
authority of any other Federal law or the standards appli-
cable under any other Federal law.
‘‘(9) Solid waste identified as hazardous based on one
or more characteristics alone shall not be subject to this sub-
section, any prohibition under subsection (d), (e), or (f),
or any requirement promulgated under subsection (m) of
this section if the waste no longer exhibits a hazardous char-
acteristic at the point of injection in any Class I injunction
well regulated under section 1422 of title XIV of the Public
Health Service Act (42 U.S.C. 300h–1).’’.
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 in-
serting the following: ‘‘CRITERIA.—
‘‘(1) IN GENERAL.—Not later’’.
(2) By adding at the end the following new
paragraphs:
‘‘(2) ADDITIONAL REVISIONS.—Subject to para-
graph (3), the requirements of the criteria described
in paragraph (1) relating to ground water monitor-
ing shall not apply to an owner or operator of a new
municipal solid waste landfill unit, an existing mu-
nicipal solid waste landfill unit, or a lateral expan-
sion of a municipal solid waste landfill unit, that dis-
poses 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 consecu-
tive months of surface transportation that
prevents access to a regional waste manage-
ment facility; or
‘‘(ii) a community that has no prac-
ticable 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
RE-
SOURCES.—
‘‘(A) MONITORING REQUIREMENT.—A State
may require ground water monitoring of a solid
waste landfill unit that would otherwise be ex-
empt 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 land-
fill 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 appro-
priate.
‘‘(4) NO-MIGRATION EXEMPTION.—
‘‘(A) IN GENERAL.—Ground water monitor-
ing requirements may be suspended by the Direc-
tor of an approved State for a landfill operator
if the operator demonstrates that there is no po-
tential 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 mi-
gration exemption under this paragraph.’’.
(b) REINSTATEMENT OF REGULATORY EXEMPTION.—
It is the intent of section 4010(c)(2) of the Solid Waste Dis-
posal Act, as added by subsection (a), to immediately rein-
state subpart E of part 258 of title 40, Code of Federal
Regulations, as added by the final rule published at 56 Fed-
eral Register 50798 on October 9, 1991.
SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DIS-
POSAL ACT.
The Solid Waste Disposal Act is amended as follows:
(1) In section 3001(d)(5) by striking ‘‘under sec-
tion 3001’’ and inserting ‘‘under this section’’.
(2) By inserting a semicolon at the end of sec-
tion 3004(q)(1)(C).
(3) In section 3004(g), by striking ‘‘subpara-
graph (A) through (C)’’ in paragraph (5) and insert-
ing ‘‘subparagraphs (A) through (C)’’.
(4) 
In 
section 
3004(r)(2)(C), 
by 
striking
‘‘pertroleum-derived’’ and inserting ‘‘petroleum-de-
rived’’.
(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)’’.