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 sub-
section, 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 dis-
posal, 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 Adminis-
trator 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.
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‘‘(9) 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 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 environ-
ment 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 addi-
tional information or upon completion of such study and as
necessary to protect human health and the environment, the
Administrator may impose additional requirements under exist-
ing 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 sub-
section (m)(1) under the previous sentence, the Administrator
shall take into account the extent to which treatment is occur-
ring 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 expan-
sion 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
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‘‘(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 mon-
itoring 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 require-
ments 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 subpara-
graph (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 commu-
nity use of the no migration exemption under this para-
graph.
‘‘(5) ALASKA NATIVE VILLAGES.—Upon certification by the
Governor of the State of Alaska that application of the require-
ments 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 require-
ments. 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 enact-
ment of this provision promulgate revisions to the guidelines
and criteria promulgated under this subtitle to provide addi-
tional 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
H. R. 2036—4
financial assurance: Provided, That such alternative require-
ments 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.