[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2036 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
February 20 (legislative day, February 7), 1996.
Resolved, That the bill from the House of Representatives (H.R.
2036) entitled ``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.'', do pass with the following
AMENDMENTS:
(1)Page 2, line 3, strike out [1995] and insert: 1996
(2)Page 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 subject to this
subsection, 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 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 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
Administrator 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.
``(9) 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 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
environment 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
additional information or upon completion of such study and as
necessary to protect human health and the environment, the
Administrator may impose additional requirements under existing
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 subsection
(m)(1) under the previous sentence, the Administrator shall
take into account the extent to which treatment is occurring 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.''.
(3)Page 7, line 12, strike out [paragraph.''.] and insert: paragraph.
(4)Page 7, after line 12 insert:
``(5) Alaska native villages.--Upon certification by the
Governor of the State of Alaska that application of the
requirements 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
requirements. 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 enactment
of this provision promulgate revisions to the guidelines and
criteria promulgated under this subtitle to provide additional
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 financial assurance: Provided, That such
alternative requirements take into account climatic and
hydrogeologic conditions and are protective of human health and
environment.''.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 2036
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AMENDMENTS