[104th Congress Public Law 119]
[From the U.S. Government Printing Office]


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[DOCID: f:publ119.104]


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              LAND DISPOSAL PROGRAM FLEXIBILITY ACT OF 1996

[[Page 110 STAT. 830]]

Public Law 104-119
104th Congress

                                 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. <<NOTE: Mar. 26, 1996 -  [H.R. 2036]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Land 
Disposal Program Flexibility Act of 1996.>> 

SECTION 1. <<NOTE: Environmental protection. 42 USC 6901 note.>>  SHORT 
            TITLE.

    This Act may be cited as the ``Land Disposal Program Flexibility Act 
of 1996''.

SEC. 2. LAND DISPOSAL RESTRICTIONS.

    Section 3004(g) of the Solid Waste Disposal Act <<NOTE: 42 USC 
6924.>>  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.

[[Page 110 STAT. 831]]

            ``(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.''.

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

[[Page 110 STAT. 832]]

                          ``(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.
            ``(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

[[Page 110 STAT. 833]]

        financial assurance: Provided, That such alternative 
        requirements take into account climatic and hydrogeologic 
        conditions and are protective of human health and 
        environment.''.

    (b) <<NOTE: 42 USC 6949a note.>>  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) <<NOTE: 42 USC 6921.>>  by 
        striking ``under section 3001'' and inserting ``under this 
        section''.
            (2) By inserting a semicolon at the end of section 
        3004(q)(1)(C). <<NOTE: 42 USC 6924.>> 
            (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), <<NOTE: 42 USC 6925.>>  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), <<NOTE: 42 USC 6947.>>  by striking 
        ``4003'' in paragraphs (1) and (2)(A) and inserting ``4003(a)''.

    Approved March 26, 1996.

LEGISLATIVE HISTORY--H.R. 2036:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-454 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            Jan. 30, 31, considered and passed House.
            Feb. 20, considered and passed Senate, amended.
            Mar. 7, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
            Mar. 26, Presidential statement.

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