[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2036 Referred in Senate (RFS)]

  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 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:

                                                ROBIN H. CARLE,

                                                                 Clerk.