IIA
104TH CONGRESS
2D SESSION
H. R. 2036
IN THE SENATE OF THE UNITED STATES
FEBRUARY 1, 1996
Received; read twice and referred to the Committee on Environment and
Public Works
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 Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Land Disposal Pro-
gram 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
subsection, 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 require-
ments 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 Administrator;
‘‘(B) no longer exhibits a hazardous char-
acteristic prior to management in any land-based
solid waste management unit;
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‘‘(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 enact-
ment of this paragraph, the Administrator shall complete
a study of hazardous wastes managed pursuant to para-
graph (7) to characterize the risks to human health or
the environment 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 additional information, and as necessary
to protect human health and the environment, the Admin-
istrator may, after notice and opportunity for comment,
impose additional requirements, 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
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prior to management in, or after discharge from, a land-
based unit as part of a treatment system specified in sub-
paragraph (A) of paragraph (7). Nothing in this para-
graph shall be construed to modify, supplement, or other-
wise affect the application or authority of any other Fed-
eral law or the standards applicable under any other Fed-
eral law.
‘‘(9) Solid waste identified as hazardous based on one
or more characteristics alone shall not be subject to this
subsection, 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
characteristic at the point of injection in any Class I in-
junction 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:
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‘‘(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 exempt under paragraph (2) if necessary to
protect ground water resources and ensure com-
pliance 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 re-
lease 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 ap-
propriate.
‘‘(4) NO-MIGRATION EXEMPTION.—
‘‘(A) IN
GENERAL.—Ground water mon-
itoring requirements may be suspended by the
Director of an approved State for a landfill op-
erator if the operator demonstrates that there is
no potential for migration of hazardous con-
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stituents from the unit to the uppermost aqui-
fer 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 docu-
ment to facilitate small community use of the
no migration exemption under this paragraph.’’.
(b) REINSTATEMENT
OF
REGULATORY
EXEMP-
TION.—It is the intent of section 4010(c)(2) of the Solid
Waste Disposal Act, as added by subsection (a), to imme-
diately reinstate subpart E of part 258 of title 40, Code
of Federal Regulations, as added by the final rule pub-
lished at 56 Federal 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
section 3001’’ and inserting ‘‘under this section’’.
(2) By inserting a semicolon at the end of sec-
tion 3004(q)(1)(C).
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(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)’’.
Passed the House of Representatives January 31,
1996.
Attest:
ROBIN H. CARLE,
Clerk.