[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2036 Enrolled Bill (ENR)]
H.R.2036
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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 1996''.
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 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
``(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 financial assurance: Provided, That such
alternative requirements take into account climatic and
hydrogeologic conditions and are protective of human health and
environment.''.
(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)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.