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H.R. 2036Became Law

Land Disposal Program Flexibility Act of 1996

Land Disposal Program Flexibility Act of 1996 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based solely on one or more characteristics if such waste: (1) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is treated in a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator, including those specified in the rule promulgated by the Administrator on June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in clause (1) above; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range.

Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on one or more characteristics alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act.

Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or rely upon other State or Federal programs or authorities to address such risks.

(Sec. 3) Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less.

Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan.

Allows the suspension of groundwater monitoring requirements if a landfill 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. Allows the State of Alaska to exempt units of Alaska Native villages or located in or near small, remote Alaska villages from some or all of such requirements if such requirements would be infeasible, would not be cost-effective, or would be inappropriate because of the unit's remote location. Applies this exemption only to landfills that dispose of less than 20 tons of municipal solid waste daily.

Directs the Administrator to promulgate revisions to provide additional flexibility to approved States to allow landfills that receive no more than 20 tons of municipal solid waste daily to use alternative frequencies of daily cover application and methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance, provided such alternative requirements take into account climatic and hydrogeologic conditions and protect human health and the environment.

Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.

Became Public Law No: 104-119.

Rep. Oxley, Michael G. [R-OH-4](R-OH)Sponsor
5 cosponsors3 D2 R
5cosponsors2committees39actions1amendments43subjects
  1. PresidentE40000

    Became Public Law No: 104-119.

  2. BecameLaw36000

    Became Public Law No: 104-119.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Presented to President.

  6. President28000

    Presented to President.

  7. ResolvingDifferencesH41931

    Motion to reconsider laid on the table Agreed to without objection.

  8. ResolvingDifferencesH41610

    On motion that the House agree to the Senate amendments Agreed to without objection. (consideration: CR H1965-1966)

  9. NotUsed19500

    Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to without objection.(consideration: CR H1965-1966)

  10. ResolvingDifferencesH40110

    Mr. Oxley asked unanimous consent that the House agree to the Senate amendments.

  11. Floor

    Message on Senate action sent to the House.

  12. Floor

    Passed Senate with an amendment by Voice Vote.

  13. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

  14. Floor

    Amendment SP 3464 agreed to in Senate by Voice Vote.

  15. Floor

    Amendment SP 3464 proposed by Senator Lott for Senator Chafee.

  16. Floor

    Measure laid before Senate. (consideration: CR S1280-1282)

  17. Discharge

    Senate Committee on Environment and Public Works discharged by Unanimous Consent.

    Environment and Public Works Committee
  18. Committee14500

    Senate Committee on Environment and Public Works discharged by Unanimous Consent.

    Environment and Public Works Committee
  19. IntroReferral

    Received in the Senate and read twice and referred to the Committee on Environment and Public Works.

    Environment and Public Works Committee
  20. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  21. FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 402 - 19 (Roll No. 21).

  22. Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 402 - 19 (Roll No. 21).

  23. FloorH30000

    Considered as unfinished business. (consideration: CR H1063)

  24. FloorH37210

    At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Markey objected to the Yea - Nay vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed until Jan. 31. The point of no quorum was withdrawn.

  25. FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate.

  26. FloorH30000

    Considered under suspension of the rules. (consideration: CR H943-947)

  27. FloorH30300

    Mr. Bliley moved to suspend the rules and pass the bill, as amended.

  28. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 221.

  29. CommitteeH12200

    Reported (Amended) by the Committee on Commerce. H. Rept. 104-454.

    Energy and Commerce Committee
  30. Committee5000

    Reported (Amended) by the Committee on Commerce. H. Rept. 104-454.

    Energy and Commerce Committee
  31. CommitteeH19000

    Ordered to be Reported (Amended) by Voice Vote.

    Energy and Commerce Committee
  32. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Energy and Commerce Committee
  33. CommitteeH23000

    Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

    Commerce, Trade, and Hazardous Materials Subcommittee
  34. CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Commerce, Trade, and Hazardous Materials Subcommittee
  35. CommitteeH21000

    Subcommittee Hearings Held.

    Commerce, Trade, and Hazardous Materials Subcommittee
  36. CommitteeH11000

    Referred to the Subcommittee on Commerce, Trade, and Hazardous Materials.

    Commerce, Trade, and Hazardous Materials Subcommittee
  37. IntroReferralH11100

    Referred to the House Committee on Commerce.

    Energy and Commerce Committee
  38. IntroReferralIntro-H

    Introduced in House

  39. IntroReferral1000

    Introduced in House

Feb 20, 199635

Land Disposal Program Flexibility Act of 1996 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based solely on one or more characteristics if such waste: (1) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is treated in a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator, including those specified in the rule promulgated by the Administrator on June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in clause (1) above; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range.

Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on one or more characteristics alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act.

Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or rely upon other State or Federal programs or authorities to address such risks.

(Sec. 3) Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less.

Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan.

Allows the suspension of groundwater monitoring requirements if a landfill 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. Allows the State of Alaska to exempt units of Alaska Native villages or located in or near small, remote Alaska villages from some or all of such requirements if such requirements would be infeasible, would not be cost-effective, or would be inappropriate because of the unit's remote location. Applies this exemption only to landfills that dispose of less than 20 tons of municipal solid waste daily.

Directs the Administrator to promulgate revisions to provide additional flexibility to approved States to allow landfills that receive no more than 20 tons of municipal solid waste daily to use alternative frequencies of daily cover application and methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance, provided such alternative requirements take into account climatic and hydrogeologic conditions and protect human health and the environment.

Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.

Jan 31, 199636

Land Disposal Program Flexibility Act of 1995 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based on characteristic alone if such waste: (1) is managed in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is managed under a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range.

Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or defer management of such risks to other State or Federal programs or authorities.

Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on characteristic alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act.

Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less.

Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan.

Allows the suspension of groundwater monitoring requirements if a landfill 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.

Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.

Jan 30, 199617

Land Disposal Program Flexibility Act of 1995 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based on characteristic alone if such waste: (1) is managed in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is managed under a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range.

Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or defer management of such risks to other State or Federal programs or authorities.

Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on characteristic alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act.

Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less.

Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan.

Allows the suspension of groundwater monitoring requirements if a landfill 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.

Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.

Jul 13, 199500

Land Disposal Program Flexibility Act of 1995 - Amends the Solid Waste Disposal Act to exempt from land disposal restrictions solid waste identified as hazardous based on characteristic alone, but which no longer exhibits such characteristic prior to land disposal, and which was so characterized: (1) as part of a treatment or disposal system prior to its discharge through a point source regulated under the Clean Water Act; (2) prior to and including injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act; or (3) under a zero-discharge system that the Administrator of the Environmental Protection Agency (EPA) determines to be engaging in Clean Water Act-equivalent treatment.

Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less.

Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan.

Allows the suspension of groundwater monitoring requirements if a landfill 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.

Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.

Revises provisions regarding responsibility for underground storage tanks over which the Federal Government has jurisdiction to state that requirements applicable to the Government include (but are not limited to) requirements regarding permits, reporting, injunctive relief, sanctions, all administrative orders, and all civil and administrative penalties and fines. Waives expressly any otherwise applicable immunity of the United States with respect to any such requirement. Makes employees or agents of the United States immune from personal liability for any civil penalty with respect to an act or omission regarding an underground storage tank but subjects such persons to criminal sanctions. Makes criminal sanctions inapplicable to Government agencies. Authorizes the EPA Administrator to commence administrative enforcement actions against Government agencies in the same manner and under the same circumstances as an action would be initiated against any other person.

Requires States to use funds collected from the Federal Government as penalties and fines resulting from underground storage tank violations only for environmental protection projects or to defray the costs of environmental protection or enforcement.