40

1 thick layer of recompacted clay or other natural material 2 with a hydraulic conductivity of no more than 1 x 10 -7 3 centimeter per second. The provisions of this paragraph 4 apply prior to and after the promulgation of regulations 5 under paragraph (1).

6

"(3)(A) Notwithstanding the requirement of para7 graph (1)(A), regulations promulgated under subsection 8 (a) shall authorize the placement of ash from municipal 9 waste combustion units in a monofill (containing only ash 10 from such units) with a composite liner designed, oper11 ated, and constructed of materials to prevent the migra12 tion of any constituent into and through such liner during 13 the period the monofill remains in operation (including 14 any post-closure monitoring period), ground water mon15 itoring, and a leachate collection system.

16

"(B) If fly ash is to be disposed of in a monofill con17 taining solely or substantially fly ash, such ash shall be 18 treated pursuant to treatment standards established under 19 this section before disposal or such monofill shall be con20 structed with an additional liner and a leak detection sys21 tem and a leachate collection system between the liners. 22 "(C) Requirements under this paragraph are mini23 mum requirements and the Administrator shall promul24 gate more stringent requirements applicable where nec25 essary to assure that releases from a monofill will not con

41

1 taminate ground water or surface water or otherwise pose

2 a threat of adverse effects on human health or the environ

3 ment.

4

"(4)(A) The design requirements of paragraphs (1)

5 and (3) shall not apply if the owner or operator of a solid 6 waste management unit utilizing an alternative design 7 demonstrates to the State, and the State determines, that 8 the alternative design will prevent the migration of any 9 hazardous constituent into the ground water or surface 10 water at least as effectively as the design requirements 11 of paragraph (1) or (3). The State shall not solely or sub12 stantially rely upon location characteristics to make any 13 determination under this paragraph. States may authorize 14 such alternative design requirements only under a permit 15 program under section 4206. The Administrator may re16 view, on appeal by any person or on the Administrator's 17 own motion, and reverse any determination made by a 18 State under this subsection. The Administrator shall make 19 a decision on any appeal within 180 days.

20

"(B) For the purpose of subparagraph (A), a monofill 21 (containing only ash from municipal waste combustion 22 units) with two or more flexible membrane liners, a leach23 ate collection system above and between such liners, and 24 ground water monitoring is determined to be an alter25 native design which will prevent the migration of any haz

42

1 ardous constituent into ground water or surface water at

2 least as effectively as the design requirements of para

3 graph (3)(A).

4

"(5) Liner requirements imposed under paragraph

5 (1) or (3) of this subsection or subsection (c) shall include 6 provisions for quality control and quality assurance with 7 respect to the design and installation of the liners.

8

"(6) Nothing in this section shall be interpreted, con

9 strued, or applied to require the routine testing of ash 10 which is disposed of in a landfill or monofill meeting the 11 requirements of this subsection.

12

"(c) ALTERNATIVE DISPOSAL REQUIREMENT FOR 13 TESTED AND TREATED ASH.-Subject to subsection 14 (d)(3), regulations promulgated under subsection (a) may 15 allow disposal of ash from municipal waste combustion 16 units in sanitary landfills that have, at a minimum, 1 17 liner, a leachate collection system, and ground water mon18 itoring and otherwise meet the requirements of revised cri19 teria promulgated under section 4010(c), if (1) such ash 20 is routinely tested and does not fail any criteria under sub21 section (f); and (2) any fly ash so disposed of (including 22 any fly ash combined with bottom ash) has undergone 23 treatment (as defined in subsection (a)) in accordance 24 with regulations for treatment promulgated under this 25 section and such treated fly ash is separately tested and

43

1 does not fail any criteria established under subsection (f). 2 For purposes of this section, the mixing of fly ash and 3 bottom ash, or the mixing of such ash with other solid 4 waste, without the introduction of chemical stabilization 5 agents, does not constitute treatment.

6

"(d) DISPOSAL PROHIBITIONS.-(1) Ash may not be

7 disposed of in units that are created as a result of vertical 8 expansion of an existing waste disposal facility unless the 9 owner or operator of such facility demonstrates, and the 10 State finds, that there will be no settling (that would im11 pair the integrity of any required liner, leachate collection 12 or leak detection system, final cover, or any other struc13 tural component of the landfill containment system) of the 14 waste upon which the proposed unit is to be built.

15

"(2) In no event may ash be disposed of in a landfill 16 from which the Administrator or the State has determined 17 there is a release into ground water or surface water, un18 less such release would not require corrective action pursu19 ant to Federal or State law or regulation, or in a landfill 20 that is in violation of Federal or State regulations or other 21 requirements.

22

"(3) If, in the regulations required under this section,

23 the Administrator

24

25

"(A) determines that the leachate from disposal

of ash in sanitary landfills as described in sub

44

human health and the environment than leachate

1

sections (b)(1) and (c) presents no greater threat to

2

3

4

5

from monofills; or

"(B) makes no determination under subparagraph (A);

6 then the disposal of ash in sanitary landfills as described 7 in subsections (b)(1) and (c) is prohibited after the expira8 tion of the 5-year period beginning on the date of the en9 actment of the National Waste Reduction, Recycling, and 10 Management Act, and the disposal of ash may take place 11 only in a monofill in accordance with subsection (b)(3). 12 "(e) REUSE AND RECYCLING.-(1) The regulations 13 under this section shall include such requirements applica14 ble to the reuse and recycling of the ash from municipal 15 waste combustion units, including criteria and routine 16 testing procedures, as may be necessary to protect human 17 health and the environment. The Administrator shall de18 velop such regulations for the specific end uses of such 19 reused or recycled ash. In developing such regulations, the 20 Administrator shall consider, to the extent appropriate, all 21 potential pathways of human and environmental exposure, 22 including both short-term and long-term, to hazardous 23 constituents of such ash from such recycling and reuse. 24 The pathways to be considered shall include, but not be 25 limited to, inhalation, ingestion as a consequence of incor