PUBLIC LAW 98-616—NOV. 8, 1984
98 STAT. 3233
as any applicable prohibition promulgated under subsection (d), (e), (f),or(g). "(n) AIR EMISSIONS.—Not later than thirty months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate such regulations for the monitoring and control of air emissions at hazardous waste treatment, storage, and disposal facilities, including but not limited to open tanks, surface impoundments, and landfills, as may be necessary to protect human health and the environment.".
Regulations.
MINIMUM TECHNOLOGICAL REQUIREMENTS
SEC. 202. (a) Section 3004 of the Solid Waste Disposal Act is Supra. amended by inserting the following new subsection after subsection 42 USC 6924. (n): "(o) MINIMUM TECHNOLOGICAL REQUIREMENTS.—(1) The
regula-
tions under subsection (a) of this section shall be revised from time to time to take into account improvements in the technology of control and measurement. At a minimum, such regulations shall require, and a permit issued pursuant to section 3005(c) after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 by the Administrator or a State shall require— "(A) for each new landfill or surface impoundment, each new landfill or surface impoundment unit at an existing facility, each replacement of an existing landfill or surface impoundment unit, and each lateral expansion of an existing landfill or surface impoundment unit, for which an application for a final determination regarding issuance of a permit under section 3005(c) is received after the date of enactment of the Hazardous and Solid Waste Amendments of 1984— "(i) the installation of two or more liners and a leachate collection system above (in the case of a landfill) and between such liners; and "(ii) ground water monitoring; and "(B) for each incinerator which receives a permit under section 3005(c) after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the attainment of the minimum destruction and removal efficiency required by regulations in effect on June 24, 1982. The requirements of this paragraph shall apply with respect to all waste received after the issuance of the permit. "(2) Paragraph (l)(A)(i) shall not apply if the owner or operator demonstrates to the Administrator, and the Administrator finds for such landfill or surface impoundment, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at least as effectively as such liners and leachate collection systems. "(3) The double-liner requirement set forth in paragraph dXAXi) may be waived by the Administrator for any monoflll, if— "(A) such monoflll contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, "(B) such wastes do not contain constituents which would render the wastes hazardous for reasons other than the Extraction Procedure ("EP") toxicity characteristics set forth in regulations under this subtitle, and
Post, pp. 3241, 3242.
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