102d CONGRESS
2d Session
S. 2877
AN ACT
Entitled the `Interstate Transportation of Municipal Waste Act of 1992'.
S 2877 ES
102d CONGRESS
2d Session
S. 2877
AN ACT
Entitled the `Interstate Transportation of Municipal Waste Act of 1992'.
  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 `Interstate Transportation of Municipal Waste
  Act of 1992'.
SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.
  Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is
  amended by adding at the end thereof the following new section:
`INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE
  `SEC. 4011. (a) Authority to Restrict Out-of-State Municipal Waste-
  `(1)(A) Except as provided in subparagraph (C) of this paragraph and in
  subsection (b), if requested in writing by both an affected local government,
  and an affected local solid waste planning unit, if such local solid waste
  planning unit exists under State law, a Governor may--
  `(i) prohibit the disposal of out-of-State municipal waste in any landfill
  or incinerator that is subject to the jurisdiction of the Governor or the
  affected local government; or
  `(ii) with respect to landfills covered by the exception provided
  in subsection (b)(1), limit the amount of out-of-State municipal waste
  received for disposal at each such landfill in the State to an amount equal
  to the amount of out-of-State municipal waste received for disposal at the
  landfill during the calendar year 1991 or twice the volume of the first
  six months of 1992, whichever is less, as determined by the Administrator
  in accordance with paragraph (4) of this subsection.
  `(B) Prior to submitting a request under this section to prohibit or limit
  the disposal of out-of-State municipal waste, the affected local government
  and the affected local  solid waste planning unit, if any, shall--
  `(i) provide notice and opportunity for public comment concerning any such
  proposed request; and
  `(ii) following notice and comment, take formal action upon any such
  proposed request at a public meeting.
  `(C) A Governor may not exercise the authority granted under this section
  if such action would result in the violation of or failure to perform any
  provision of--
  `(i) a written, legally binding contract that was lawfully entered into
  by the affected local government and which authorizes a landfill or
  incinerator to receive municipal waste generated outside the jurisdiction
  of the affected local government;
  `(ii) a written, legally binding contract for disposal of municipal waste
  generated outside the jurisdiction of the affected local government that
  was in effect on (date of introduction) except to the extent that the
  actual amounts of municipal waste generated outside the jurisdiction of
  the affected local government received for disposal at the landfill or
  incinerator under such contracts exceed the amount imported under such
  contracts in 1991 or twice the volume of the first six months of 1992,
  whichever is less (this clause shall not apply after June 18, 1999, to
  the extent that such contract prevents a Governor from exercising the
  authority granted by paragraphs (2)(A)(ii) and (3)); or
  `(iii) a written, legally binding contract for disposal of municipal waste
  generated outside the jurisdiction of the affected local government that
  is consistent with, and was lawfully entered into after June 18, 1992,
  as the result of--
  `(I) a host agreement; or
  `(II) a written, legally binding, contract that was lawfully entered into by
  the affected local government and authorizes a landfill or incinerator to
  receive municipal waste generated outside the jurisdiction of the affected
  local government.
  `(D) A Governor may require that contracts covered by (i), (ii), or (iii)
  of subparagraph (C) of this paragraph be filed with the State.
  `(2) Except as provided in paragraph (1)(C), a Governor, of a State
  identified by the Administrator in accordance with paragraph (4) of this
  subsection, as having received for disposal more than one million tons of
  out-of-State municipal waste during calendar year 1991 may, with respect to
  landfills covered by the exceptions provided in subsection (b), beginning
  with calendar year 1993--
  `(A) notwithstanding the absence of a request in writing by the affected
  local government and the affected local solid waste planning unit, if any--
  `(i) limit the amount of out-of-State municipal waste received for disposal
  at each such landfill in the State to an annual amount equal to the amount
  of out-of-State municipal waste received for disposal at the landfill during
  the calendar year 1991 or twice the volume of the first six months of 1992,
  whichever is less; and
  `(ii) limit the disposal of out-of-State municipal waste at landfills that
  received, during calendar year 1991, documented shipments of more than one
  hundred thousand tons of out-of-State municipal waste representing more
  than 30 per centum of all municipal waste received at the landfill during
  the calendar year, by prohibiting at each such landfill the disposal of
  out-of-State municipal waste in annual volumes greater than 30 per centum of
  all municipal waste received at the landfill during calendar year 1991, and
  `(B) if requested in writing by the affected local government and the
  affected local solid waste planning unit, if any, prohibit the disposal
  of out-of-State municipal waste in landfill cells that do not meet the
  design and locational standards and leachate collection and ground water
  monitoring requirements of State law and regulations in effect on January 1,
  1992, for new landfills.
  `(3) Except as provided in paragraph (1)(C) and in addition to the
  authorities provided in paragraph (1)(A) beginning with calendar year
  1999, a Governor of any State which receives more than 1 million tons of
  out-of-State municipal waste, if requested in writing by the affected local
  government and the affected local solid waste planning unit, if any, may
  further limit the disposal of out-of-State municipal waste as provided in
  paragraph (2)(A)(ii) by reducing the 30 per centum annual volume limitation
  to 20 per centum in each of calendar years 1998 and 1999, and to 10 per
  centum in each succeeding calendar year.
  `(4)(A) Any limitation imposed by the Governor under subparagraph (A),
  of paragraph (2), shall be applicable throughout the State, shall not
  discriminate against any particular landfill within such State, and shall
  not discriminate against any shipments of out-of-State municipal waste on
  the basis of State of origin.
  `(B) In responding to requests by affected local governments under
  subparagraph (1)(A) of this subsection, and subparagraph (B) of paragraph
  (2), the Governor shall respond in a consistent manner that does not
  discriminate against any particular landfill within the State and does not
  discriminate against any shipments of out-of-State municipal waste on the
  basis of State of origin.
  `(5)(A) Any Governor who intends to exercise the authority provided in
  this paragraph shall, within sixty days after the date of enactment of this
  section, submit to the Administrator information documenting the amount of
  out-of-State municipal waste received for disposal in the Governor's State
  during calendar year 1991, and the first six months of calendar year 1992.
  `(B) Upon receipt of such information, the Administrator shall notify the
  Governor of each State and the public and shall provide a comment period
  of not less than thirty days.
  `(C) Not later than sixty days after receipt of information from a Governor
  who intends to exercise the authority provided in this paragraph, the
  Administrator shall determine--
  `(i) the amount of out-of-State municipal waste that was received at each
  landfill covered by the exceptions provided in subsection (b) for disposal
  in the State during calendar year 1991 and the first six months of calendar
  year 1992, and
  `(ii) whether the State received for disposal more than one million tons
  of out-of-State municipal waste during calendar year 1991.
The Governor of each State and the public shall receive notice of the
determinations of the Administrator.
  `(D) Not later than one hundred and twenty days after the date of enactment
  of this section, the Administrator shall publish a list of--
  `(i) the amount of out-of-State municipal waste that was received at each
  landfill covered by exceptions provided in subsection (b) for disposal in
  the State during calendar year 1991 and the first six months of calendar
  year 1992 as determined in accordance with subparagraph (C), and
  `(ii) the States identified by the Administrator under subparagraph (C)
  as having received for disposal more than one million tons of out-of-State
  municipal waste during calendar year 1991.
  `(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT OUT-OF-STATE MUNICIPAL WASTE-
  Except as provided in subsection (a)(2), the authority to prohibit the
  disposal of out-of-State municipal waste provided under subsection (a)
  shall not apply to--
  `(1) landfills in operation on the date of enactment of this section that--
  `(A) received, during calendar year 1991, documented shipments of
  out-of-State municipal waste; and
  `(B) on the date of enactment of this section, are in compliance with all
  applicable State laws (including any State rule or regulation) relating
  to design and locational standards, leachate collection, ground water
  monitoring, and financial assurance for closure and post-closure and
  corrective action;
  `(2) proposed landfills that, prior to April 29, 1992, received--
  `(A) an approval from the affected local government to receive at such
  landfill municipal waste generated outside the county or the State in
  which the landfill is located; and
  `(B) a notice of decision from the State to grant a construction permit; or
  `(3) incinerators in operation on the date of enactment of this section
  that--
  `(A) received, during calendar year 1991, documented shipments of
  out-of-State municipal waste;
  `(B) are in compliance with applicable performance standards under section
  129(a) of the Clean Air Act (42 U.S.C. 7429(a)) and applicable monitoring
  requirements under such section, and otherwise meet applicable requirements
  of section 129 of such Act; and
  `(C) are in compliance with all applicable State laws (including any State
  rule or regulation) relating to facility design and operations.
  `(c) LOSS OF AUTHORITY- Notwithstanding the authority provided in subsection
  (a), after January 1, 1997, a Governor may not prohibit or limit the
  disposal of out-of-State municipal waste unless all operating municipal
  waste landfill cells in the State--
  `(1) meet the design and locational standards that are applicable to
  landfill cells constructed on and after October 1993; or
  `(2) are on enforceable schedules--
  `(A) to stop receiving waste by January 1, 2000; and
  `(B) to implement a closure plan.
  `(d) DEFINITIONS- As used in this section:
  `(1) The term `affected local government' means the elected officials of
  either the city, town, borough, county, or parish in which the facility
  is located. Within 90 days of enactment of this Act, the Governor shall
  designate which entity listed above shall serve as the `affected local
  government' for actions taken under this Act after July 23, 1992. No
  such designation shall affect host agreements concluded prior to July 23,
  1992. If the Governor fails to make such designation, the affected local
  government shall be the city, town, borough, county, parish, of other
  public body created by or pursuant to State law with primary jurisdiction
  over the land or the use of the land on which the facility is located.
  `(2) The term `affected local solid waste planning unit' means a political
  subdivision of a State with authority relating to solid waste management
  planning in accordance with state law.
  `(3) With respect to a State, the term `out-of-State municipal waste'
  means municipal waste generated outside of the State. To the extent that it
  is consistent with the United States-Canada Free Trade Agreement and the
  General Agreement on Tariffs and Trade, the term shall include municipal
  waste generated outside of the United States.
  `(4) The term `municipal waste means refuse (and refuse derived fuel)
  generated by the general public and from residential, commercial,
  institutional, and industrial sources, consisting of paper, wood, yard
  wastes, plastics, leather, rubber, and other combustible materials and
  noncombustible materials such as metal and glass. Such term does not
  include--
  `(A) any solid waste identified or listed as a hazardous waste under
  section 3001 of this Act;
  `(B) any solid waste, including contaminated soil and debris, resulting
  from a response action taken under sections 104 or 106 of the Comprehensive
  Environmental Response, Compensation and Liability Act (42 U.S.C. 9604 or
  9606) or a corrective action taken under this Act;
  `(C) any metal, pipe, glass, plastic, paper, textile, or other material
  that has been separated or otherwise diverted from municipal waste and has
  been transported into the State for the purpose of recycling or reclamation;
  `(D) any solid waste that is--
  `(i) generated by an industrial facility; and
  `(ii) transported for the purpose of treatment, storage, or disposal
  to a facility that is owned or operated by the generator of the waste,
  or is located on property owned by the generator or a company with which
  the generator is affiliated;
  `(E) any solid waste generated incident to the proviso of service in
  interstate, intrastate, foreign, or overseas air transportation;
  `(F) any industrial waste that is not identical to municipal waste as to
  physical and chemical state, and composition, including construction and
  demolition debris;
  `(G) any medical waste that is segregated from or not mixed with municipal
  waste;
  `(H) any material or product returned from a dispenser or distributor to
  the manufacturer for credit, evaluation, or possible reuse.
  `(5) The term `host agreement' means a written, legally binding agreement,
  lawfully entered into between an owner or operator of a landfill or
  incinerator and an affected local government that (A) authorizes the landfill
  or incinerator to receive municipal waste generated outside the jurisdiction
  of the affected local government and (B) if executed after June 18, 1992,
  was available for public review and comment prior to execution.'.
SEC. 3. BORDER STUDY.
  (a) DEFINITIONS- As used in this section:
  (1) ADMINISTRATOR- The term `Administrator' means the Administrator of
  the Environmental Protection Agency.
  (2) MAQUILADORA- The term `maquiladora' means an industry located in Mexico
  along the border between the United States and Mexico.
  (3) SOLID WASTE- The term `solid waste' has the meaning provided the term
  under section 1004(27) of the Solid Waste Disposal Act (42 U.S.C. 6903(27)).
  (b) IN GENERAL- As soon as practicable after the date of enactment of this
  Act, the Administrator shall conduct a study of solid waste management
  issues associated with anticipated increased border use at such time as the
  North American Free Trade Agreement may become effective. The Administrator
  shall also conduct a similar study, as soon as practicable after enactment
  of this Act, in terms of the scope, procedures, and objectives, outlined
  in subsections (c), (d), (e), (f), and (h), focused on border traffic of
  solid waste resulting from the United States-Canada Free Trade Agreement
  and the border region between the United States and Canada.
  (c) CONTENTS OF STUDY- The study under this section shall provide for
  the following:
  (1) Planning for solid waste treatment, storage, and disposal capacity
  (including additional landfill capacity) that would be necessary to
  accommodate the generation of additional household, commercial, and
  industrial wastes by an increased population along the border.
  (2) A study of the relative impact on border communities of a regional
  siting of solid waste storage and disposal facilities.
  (3) Research concerning methods of tracking of the transportation of--
  (A) materials from the United States to maquiladoras; and
  (B) waste from maquiladoras to a final destination.
  (4) A determination of the need for solid waste materials safety training
  for workers in Mexico and the United States within the 100-mile zone
  specified in the First Stage Implementation Plan Report for 1992-1994 of
  the Integrated Environmental Plan for the Mexico-United States Border,
  issued by the Administrator in February 1992.
  (5) A review of the adequacy of existing emergency response networks in the
  border region, including the adequacy of training, equipment, and personnel.
  (6) An analysis of solid waste management practices in the border region,
  including an examination of methods for promoting source reduction,
  recycling, and other alternatives to landfills.
  (d) SOURCES OF INFORMATION- In carrying out the study under this section,
  the Administrator shall, to the extent allowable by law, solicit, collect,
  and use the following information:
  (1) A demographic profile of border lands based on census data prepared
  by the Bureau of the Census of the Department of Commerce and census data
  prepared by the Government of Mexico.
  (2) Information from the United States Customs Service of the Department
  of the Treasury concerning solid waste that crosses the border between
  the United States and Mexico, and the method of transportation of the waste.
  (3) Information concerning the type and volume of materials used in
  maquiladoras.
  (4) Immigration data prepared by--
  (A) the Immigration and Naturalization Service of the Department of
  Justice; and
  (B) the Government of Mexico.
  (5) Information relating to the infrastructure of border land, including
  an accounting of the number of landfills, wastewater treatment systems,
  and solid waste treatment, storage, and disposal facilities.
  (6) A listing of each site in the border region where solid waste is treated,
  stored, or disposed of.
  (7) A profile of the industries in the region of the border between the
  United States and Mexico.
  (e) CONSULTATION AND COOPERATION- In carrying out this section, the
  Administrator shall consult with the following entities in reviewing
  study activities:
  (1) States and political subdivisions of States in the region of the border
  between the United States and Mexico (including municipalities and counties).
  (2) The heads of other Federal agencies (including the Secretary of the
  Interior, the Secretary of Housing, the Secretary of Health and Human
  Services, the Secretary of Transportation, and the Secretary of Commerce)
  and equivalent officials of the Government of Mexico.
  (f) REPORT TO CONGRESS- Upon completion of the study under this section,
  the Administrator shall, no later than two years from the date of enactment
  of this Act, submit a report that summarizes the findings of the study
  to the appropriate committees of Congress and proposes a method by which
  solid waste border traffic may be tracked, from source to destination,
  on an annual basis.
  (g) BORDER STUDY DELAY- Preparation of the study related to the United
  States-Canada border region shall not delay or otherwise affect completion
  of the study related to the United States-Mexico border region.
  (h) AUTHORIZATION- There are authorized to be appropriated to the
  Environmental Protection Agency such sums as may be necessary to carry
  out this section.
SEC. 4. STUDY OF INTERSTATE TRANSPORTATION OF NON-HAZARDOUS INDUSTRIAL WASTES.
  (a) Not later than January 1, 1993, the United States General Accounting
  Office shall conduct a study of the interstate transportation of
  non-hazardous industrial manufacturing wastes, including waste generated
  from construction and demolition operations. Such study shall identify
  the volumes and general types of non-hazardous industrial manufacturing
  wastes generated in each State, the place of ultimate disposal of such
  wastes, and the hazards posed by the transportation of such wastes. The
  General Accounting Office shall also identify, to the extent possible,
  opportunities available to States to reduce the interstate transport of
  industrial non-hazardous manufacturing waste.
  (b) For purposes of this subsection, the term `industrial non-hazardous
  manufacturing waste' shall not include the following waste categories:
  (1) fly ash waste, bottom ash waste, slag waste, and flue gas emissions
  control waste generated primarily from the combustion of coal or other
  fossil fuels;
  (2) solid waste from the extraction, beneficiation, and processing of ores
  and minerals, including phosphate rock and overburden from the mining or
  uranium ore;
  (3) cement kiln dust waste;
  (4) drilling fluids, produced waters, and other wastes associated with
  the exploration, development, or production of crude oil or natural gas
  or geothermal energy; and
  (5) solid waste regulated under subtitle C of the Resource Conservation
  and Recovery Act.
Passed the Senate July 23, 1992.
Attest:
Secretary.
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