[Congressional Record Volume 142, Number 21 (Tuesday, February 20, 1996)]
[Senate]
[Page S1278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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           THE LAND DISPOSAL PROGRAM FLEXIBILITY ACT OF 1995

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                 CHAFEE (AND OTHERS) AMENDMENT NO. 3464

  Mr. LOTT (for Mr. Chafee, for himself, Mr. Smith, Mr. Dole, Mr. 
Lieberman, Mr. Nickles, and Mr. Kempthorne) proposed an amendment to 
the bill (H.R. 2036) to amend the Solid Waste Disposal Act to make 
certain adjustments in the land disposal program to provide needed 
flexibility, and for other purposes, supra; as follows:

       On page 2, beginning line 4, strike all through page 4, 
     line 15, and insert in lieu thereof the following:

     ``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 paragraphs (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 paragraphs (7) or (9) shall be 
     interpreted or applied to restrict any inspection or 
     enforcement authority under the provisions of this Act.''.
       On page 7, after line 12, insert the following:
       ``(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.''.
       On page 2, line 3 strike ``1995'' and insert in lieu 
     thereof ``1996''.

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