In the Senate of the United States,
February 20 (legislative day, February 7), 1996.
Resolved, That the bill from the House of Representa-
tives (H.R. 2036) entitled ‘‘An Act to amend the Solid Waste
Disposal Act to make certain adjustments in the land dis-
posal program to provide needed flexibility, and for other pur-
poses.’’, do pass with the following
AMENDMENTS:
Ω1æPage 2, line 3, strike out ø1995¿ and insert: 1996
Ω2æPage 2, strike out all after line 3 over to and including
line 15 on page 4 and insert:
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 sub-
ject to this subsection, any prohibitions under sub-
section (d), (e), or (f), or any requirement promul-
gated under subsection (m) (other than any applica-
HR 2036 EAS
ble 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 per-
manent 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 de-
termined by the Administrator; and
‘‘(B) no longer exhibits a hazardous char-
acteristic 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 manage-
HR 2036 EAS
ment in a land-based unit as part of a treatment sys-
tem 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 cy-
anide when exposed to pH conditions between 2.0 and
12.5.
‘‘(9) Solid waste identified as hazardous based
on one or more characteristics alone shall not be sub-
ject to this subsection, any prohibitions under sub-
section (d), (e), or (f), or any requirement promul-
gated under subsection (m) if the waste no longer ex-
hibits a hazardous characteristic at the point of injec-
tion 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 pursu-
ant to paragraph (7) or (9) to characterize the risks
to human health or the environment associated with
such management. In conducting this study, the Ad-
ministrator shall evaluate the extent to which risks
are adequately addressed under existing State or Fed-
eral programs and whether unaddressed risks could be
better addressed under such laws or programs. Upon