[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