[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1497 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1497

 To amend the Solid Waste Disposal Act to make certain adjustments in 
the land disposal program to provide needed flexibility, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 21, 1995

Mr. Nickles (for himself, Mr. Smith, Mr. Pryor, Mr. Bond, Mr. Bumpers, 
   Mr. Inhofe, Mr. Lott, Mr. Breaux, Mr. Johnston, Mr. Abraham, Mr. 
 Kempthorne, Mr. Lieberman, Mr. Faircloth, Mr. Glenn, and Mr. Warner) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 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 RESTRICTIONS.

    Section 3004(g) of the Solid Waste Disposal Act is amended by 
adding the following after paragraph (6):
            ``(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 other than any applicable specific methods 
        of treatment promulgated under subsection (m) if the waste--
                    ``(A) is managed 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 
                managed in a zero discharge system that, prior to any 
                permanent land disposal, engages in treatment that is 
                equivalent to treatment required under the Federal 
                Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
                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 
                subsection (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) The Administrator shall conduct a study of hazardous 
        waste managed pursuant to paragraph (7) 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 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 impose 
        additional requirements under existing Federal laws, including 
        subsection (m)(1), or defer management of such risks to other 
        State or Federal programs or authorities. Compliance with any 
        treatment standards promulgated pursuant to subsection (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 paragraph (7)(A).
            ``(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 regulated 
        under section 1422 of title XIV of the Public Health Service 
        Act (42 U.S.C. 300h-1).''.
                                 <all>