[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:
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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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