[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2036 Engrossed in House (EH)]
2d Session
H. R. 2036
_______________________________________________________________________
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.
104th CONGRESS
2d Session
H. R. 2036
_______________________________________________________________________
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 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
requirements 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 characteristic prior
to management in any land-based solid waste management unit;
``(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 enactment of this
paragraph, the Administrator shall complete a study of hazardous wastes
managed pursuant to paragraph (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 Administrator 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 prior to management in, or after
discharge from, a land-based unit as part of a treatment system
specified in subparagraph (A) of paragraph (7). Nothing in this
paragraph shall be construed to modify, supplement, or otherwise affect
the application or authority of any other Federal law or the standards
applicable under any other Federal 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 injunction 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 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
expansion 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
``(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
monitoring 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
requirements 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
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 document to facilitate small
community use of the no migration exemption under this
paragraph.''.
(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)''.
Passed the House of Representatives January 31, 1996.
Attest:
Clerk.