[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3965 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3965

To amend the Solid Waste Disposal Act to implement the Basel Convention 
on the Control of Transboundary Movements of Hazardous Wastes and Their 
                   Disposal, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 1994

   Mr. Swift (for himself, Mr. Synar, and Mr. Porter) introduced the 
following bill; which was referred jointly to the Committees on Energy 
                    and Commerce and Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Solid Waste Disposal Act to implement the Basel Convention 
on the Control of Transboundary Movements of Hazardous Wastes and Their 
                   Disposal, and for other purposes.

    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 ``Waste Export and Import Control Act 
of 1994''.

SEC. 2. INTERNATIONAL SHIPMENTS OF HAZARDOUS AND ADDITIONAL WASTES.

    (a) New Subtitle Concerning Exports and Imports of Hazardous and 
Additional Waste.--The Solid Waste Disposal Act is amended by adding 
the following new subtitle at the end thereof:

  ``Subtitle K--Exports and Imports of Hazardous and Additional Wastes

``SEC. 12001. DEFINITIONS.

    ``For purposes of this subtitle:
            ``(1) The term `additional waste' means any waste 
        identified as additional waste in regulations promulgated by 
        the Administrator in order to implement the Basel Convention 
        and any amendments thereto.
            ``(2) The term `Basel Convention' means the Basel 
        Convention on the Control of Transboundary Movements of 
        Hazardous Wastes and Their Disposal, executed at Basel, 
        Switzerland, on March 22, 1989.
            ``(3) The term `export' means the transboundary movement of 
        hazardous or additional waste from the United States to another 
        country, or an attempt to achieve such transboundary movement, 
        subject to the restrictions set out in paragraph (10) of this 
        section.
            ``(4) The term `exporter' means any individual or entity 
        achieving or attempting to achieve the export of hazardous or 
        additional waste.
            ``(5) The term `import' means the transboundary movement of 
        hazardous or additional waste from another country to the 
        United States, or an attempt to achieve such transboundary 
        movement, subject to the restrictions set out in paragraph (10) 
        of this section.
            ``(6) The term `importer' means any individual or entity 
        achieving or attempting to achieve the import of hazardous or 
        additional waste.
            ``(7) The term `regional agreement' means an agreement 
        between the United States and a political or economic 
        integration organization.
            ``(8) The term `political or economic integration 
        organization' means an organization constituted by sovereign 
        countries to which its member countries have transferred 
        competence with respect to matters governed by the Basel 
        Convention and which has been duly authorized, in accordance 
        with its internal procedures, to sign, ratify, accept, approve 
        formally, confirm or accede to such convention.
            ``(9) The term `transit country' means any country through 
        which hazardous or additional waste is transported during the 
        process of importing or exporting such waste.
            ``(10) The terms `export' and `import' do not include--
                    ``(A) any transport for the purpose of disposal or 
                disposal of hazardous or additional waste pursuant to 
                or in compliance with a permit issued under the Marine 
                Protection, Research, and Sanctuaries Act;
                    ``(B) any discharge of hazardous or additional 
                waste subject to regulation or standard under the Act 
                to Prevent Pollution from Ships; and
                    ``(C) any transboundary movement of hazardous or 
                additional waste generated exclusively--
                            ``(i) by United States Government 
                        activities or facilities located abroad, or
                            ``(ii) on board United States sovereign 
                        immune vessels or State aircraft,
                into an area under the national jurisdiction of the 
                United States for further use, recycling, or disposal.

``SEC. 12002. PROHIBITION OF EXPORTS AND IMPORTS OF HAZARDOUS AND 
              ADDITIONAL WASTE.

    ``(a) Prohibition.--Except as provided in section 12003, it shall 
be unlawful for any person to export or import any hazardous or 
additional waste.
    ``(b) Exempt Waste.--(1) The import of used tire casings for 
retreading shall not be subject to the requirements of this subtitle. 
The following wastes, when exported or imported for the purpose of 
incorporation into new products with recycled content shall not be 
subject to the requirements of this subtitle, except for the 
requirements set out in sections 12008, 12009, and 120010:
            ``(A) Scrap metal (not including insulated wire), waste 
        paper, scrap textiles, waste glass, and waste plastic, when 
        separate from other solid waste; and
            ``(B) Any other category of additional waste, when separate 
        from other solid waste, if the Administrator, after notice and 
        comment, determines that there is no evidence that exempting 
        such category of additional waste would have significant 
        adverse effects on human health and the environment.
    ``(2) Any person may petition the Administrator for a determination 
under paragraph (1)(B). Within 12 months of receipt of such a petition, 
the Administrator shall publish in the Federal Register a decision to 
grant or deny the petition.
    ``(3) No hazardous waste listed or identified under section 3001 
shall be exempt under this subsection.
    ``(c) Other Exempt Materials.--The following materials shall not be 
subject to the requirements of this subtitle, except for the 
requirements set out in section 12008:
            ``(1) Source, special nuclear, or byproduct material as 
        defined by the Atomic Energy Act of 1954; and
            ``(2) Spent nuclear fuel, as defined in the Nuclear Waste 
        Policy Act of 1982.

``SEC. 12003. EXCEPTIONS TO PROHIBITION.

    ``(a) Existing Agreements.--Section 12002(a) shall not apply to 
exports or imports of hazardous or additional waste made to or from any 
country with which the United States has entered into a bilateral, 
multilateral, or regional agreement regarding waste export and import 
between the United States and the government of one or more exporting 
or importing countries that is in effect on the date of enactment of 
this subtitle, provided that, within 6 months after the date of the 
promulgation of the regulations provided for under section 12007(a) or 
24 months after the date of enactment of this subtitle, whichever is 
earlier, any such agreement is amended--
            ``(1) to be made consistent with the provisions of 
        subsection (b); and
            ``(2) in the case of hazardous wastes, to comply with the 
        provisions of section 3017 and any regulations promulgated 
        pursuant thereto.
    ``(b) New Agreements.--Section 12002(a) shall not apply to exports 
or imports of hazardous or additional waste made pursuant to and in 
compliance with--
            ``(1) a bilateral, multilateral, or regional agreement 
        regarding waste export or import that--
                    ``(A) the United States has entered into with the 
                government of one or more exporting or importing 
                countries or with a competent regional economic 
                integration organization after the date of enactment of 
                this subtitle;
                    ``(B) requires environmentally sound management of 
                the hazardous or additional waste and compliance with 
                any laws applicable in the jurisdiction in which the 
                waste is managed; and
                    ``(C) provides for the importing country and the 
                United States to jointly conduct reciprocal inspections 
                of waste treatment, storage and disposal facilities for 
                purposes of assessing the capability of such facilities 
                to manage hazardous or additional waste in an 
                environmentally sound manner upon a reasonable belief 
                by either party that the receiving facility is not 
                handling exported waste in an environmentally sound 
                manner; and
            ``(2) the provisions of section 12004 (for exports), 
        section 12005 (for imports), and any regulations promulgated to 
        implement any agreements described in this subtitle.
    ``(c) Requirement To Handle Exported Waste in an Environmentally 
Sound Manner.--In order to comply with the requirement that exported 
waste be managed in an environmentally sound manner, before any 
bilateral, multilateral, or regional agreement made or amended pursuant 
to this section shall become effective, the Administrator shall make a 
finding that the party or parties to the agreement or the political 
subdivision thereof that is to receive a hazardous or additional waste 
exported from the United States has enacted and enforced, and can 
reasonably be expected to maintain and enforce, a regulatory program 
which, at a minimum--
            ``(1) regulates the hazardous or additional waste to be 
        exported from the United States;
            ``(2) requires the treatment, storage, or disposal facility 
        to be designed, constructed and operated to limit the migration 
        of hazardous constituents from the waste to environmental media 
        potentially impacted by the facility under normal operating 
        conditions.
            ``(3) establishes categories of waste prohibited from 
        disposal or requiring treatment prior to disposal so as to 
        reduce toxicity or mobility of hazardous constituents in the 
        waste and to limit the migration of hazardous constituents from 
        the waste to environmental media potentially impacted by the 
        facility under normal operating conditions;
            ``(4) requires the treatment or disposal facility receiving 
        the waste to conduct monitoring to detect releases of hazardous 
        constituents from the waste into environmental media 
        potentially impacted by the facility under normal operating 
        conditions;
            ``(5) imposes financial responsibility requirements for the 
        closure and post-closure care of the treatment or disposal 
        facility receiving the waste;
            ``(6) requires the treatment or disposal facility receiving 
        the waste, or officials or agents of the importing country, to 
        respond to substantial unauthorized releases of hazardous 
        constituents in the waste that may pose a serious threat to 
        human health or the environment; and
            ``(7) provides resources for reviewing and updating the 
        regulatory program, inspecting regulated facilities, and 
        enforcing applicable requirements of the regulatory program.
In determining whether a regulatory program satisfies the criteria in 
this subsection, the Administrator shall not give extra territorial 
application to the laws of the United States but shall consider the 
statutes, regulations, permits, certificates of approval and other 
regulatory authorizations of the party to the agreement, or political 
subdivision thereof, as well as the operating procedures of the 
treatment and disposal facilities within that jurisdiction receiving a 
hazardous or additional waste exported from the United States.
    ``(d) Prohibitions.--Notwithstanding the provisions of subsections 
(a), (b), and (c), it shall be unlawful to--
            ``(1) export hazardous or additional waste pursuant to 
        subsection (a) if the exporter knows or has reason to know that 
        such waste will not be managed in an environmentally sound 
        manner within the meaning of subsection (c) and in accordance 
        with the laws of the importing and transit countries and 
        political subdivisions thereof;
            ``(2) import hazardous or additional waste pursuant to 
        subsection (a) if the importer knows or has reason to know that 
        such waste will not be managed in accordance with applicable 
        Federal, State, and tribal law;
            ``(3) export hazardous or additional waste pursuant to 
        subsection (b) if the exporter knows or has reason to know that 
        such waste will not be managed according to the technical 
        conditions respecting waste management contained in the 
        contract and the notification and consent required by 
        subsection 12004(b); or
            ``(4) import hazardous or additional waste pursuant to 
        subsection (b) if the importer knows or has reason to know that 
        such waste will not be managed as specified in the contract and 
        the notification and consent required by subsection 12005(b).

``SEC. 12004. REQUIREMENTS FOR EXPORT OF HAZARDOUS AND ADDITIONAL 
              WASTE.

    ``(a) In General.--After 6 months after the date of promulgation of 
the regulations provided for under section 12007(a) or 24 months after 
the enactment of this subtitle, whichever is earlier, exports of any 
hazardous or additional waste made pursuant to subsection 12003 shall 
be subject to the requirements of this section and any regulations 
promulgated to implement this subtitle.
    ``(b) Pre-Export Requirements.--Prior to exporting hazardous or 
additional waste from the United States--
            ``(1) the exporter shall provide written notice of the 
        proposed export to the Administrator, which shall contain--
                    ``(A) copy of the technical provisions relating to 
                waste management contained in an executed written 
                contract between the importer and exporter that 
                specifies: (i) the method by which the hazardous or 
                additional waste will be managed, (ii) a summary 
                description of the design and operation of the 
                facilities at which such waste will be treated, stored, 
                and disposed of, and (iii) that such waste will be 
                managed in an environmentally sound manner within the 
                meaning of section 12003(c); and
                    ``(B) sufficient information for the government of 
                the importing country and all transit countries to make 
                an informed decision as to whether to accept the 
                proposed export;
            ``(2) the Administrator shall forward such notice, through 
        the Secretary of State, to the government of the importing 
        country and all transit countries; and
            ``(3) the Administrator shall obtain the written consent of 
        the government of the importing country and all transit 
        countries.
    ``(c) Waste Tracking.--The exporter of any hazardous or additional 
waste shall be subject to regulations promulgated by the Administrator 
to assure that the exporter receives documentation from the facility 
specified in the contract as authorized to receive such waste in the 
importing country for ultimate treatment or disposal and that the 
exporter provides a copy of such documentation to the Administrator 
within 30 calendar days after the date of delivery to such facility. 
The Administrator shall promulgate regulations under this subsection 
within 90 days after the enactment of this section.
    ``(d) Failure of Delivery.--Unless the Administrator receives 
notice under subsection (c) within 30 calendar days after the date 
specified in the contract or shipment manifest for delivery of the 
waste to the facility specified in the contract as authorized to 
receive such waste in the importing country for ultimate treatment or 
disposal or if the Administrator receives evidence from any source 
establishing that a shipment of hazardous or additional waste has not 
been delivered to the facility designated or managed as specified in 
the notice, consent and contract, the exporters and generators of such 
waste shall, within 10 days after the exporter receives notice of such 
evidence from the Administrator, or 10 days after the expiration of 
such 30-day period, whichever is sooner, provide evidence to the 
Administrator that the shipment has been delivered to the facility 
designated or managed as so specified. Unless such evidence is provided 
within such 10-day period, the exporters and generators shall, within 
15 days after such 10-day period, accept legal and financial 
responsibility for--
            ``(1) arranging for the acceptance of the hazardous or 
        additional waste by an alternative facility and delivering the 
        hazardous or additional waste to that facility in compliance 
        with all requirements of this subtitle, or
            ``(2) returning the hazardous or additional waste to the 
        United States in compliance with all requirements of this 
        subtitle and any applicable State, tribal and Federal laws.
    ``(e) Documents.--The exporter shall ensure that all required 
documents have been properly executed and that such documents accompany 
the hazardous or additional waste to the importing facility.
    ``(f) Financial Responsibility.--The exporter shall comply with any 
financial responsibility requirements promulgated by the President. The 
exporter shall also comply with any bonding, insurance, guarantee, and 
other financial responsibility requirements of the importing and 
transit countries.
    ``(g) Regular Shipments.--The President may, subject to the written 
consent of the importing and transit countries, allow the exporter to 
use a general notification and consent procedure where hazardous or 
additional wastes having the same physical and chemical characteristics 
are shipped regularly to the same disposer via--
            ``(1) the same customs office of exit in the United States;
            ``(2) the same customs office of entry in the importing 
        country; and
            ``(3) the same customs offices of entry and exit in any 
        transit countries.
Such general notification and consent may cover multiple shipments of 
hazardous or additional wastes during a period of no more than 12 
months.
    ``(h) Waste Minimization.--To the extent required by section 3002 
of this title and the Pollution Prevention Act of 1990, generators of 
hazardous or additional waste exporting such waste shall minimize the 
generation of such waste and document such efforts.

``SEC. 12005. REQUIREMENTS FOR IMPORT OF HAZARDOUS AND ADDITIONAL 
              WASTE.

    ``(a) Other Applicable Laws.--Imports of any hazardous or 
additional waste into the United States made pursuant to subsection 
12003(b) shall be subject to the requirements of this section, all 
other applicable State, tribal and Federal laws, and any regulations 
promulgated to implement the requirements of this subtitle unless such 
wastes are imported into the United States for transit through the 
United States to another country in accordance with section 12006.
    ``(b) Pre-Import Requirements.--Prior to importing hazardous or 
additional wastes into the United States--
            ``(1) the importer shall provide to the Administrator a 
        written notice of the proposed export from the government of 
        the exporting country obtained through the Secretary of State, 
        which shall contain--
                    ``(A) a copy of the technical provisions regarding 
                waste management contained in an executed written 
                contract between the importer and exporter that 
                specifies (i) the method by which the hazardous or 
                additional waste will be managed; and (ii) that such 
                waste will be managed in accordance with applicable 
                State, tribal and Federal laws; and
                    ``(B) sufficient information for the President to 
                make an informed decision as to whether to accept the 
                proposed import; and
            ``(2) the importer must obtain the written consent of the 
        President to the import of such waste.
    ``(c) Waste Tracking.--The importer of any hazardous or additional 
waste shall be subject to regulations promulgated by the Administrator 
to assure that the exporter receives documentation from the facility 
specified in the contract as authorized to receive such waste in the 
United States for ultimate treatment or disposal and that the importer 
provides a copy of such documentation to the Administrator within 30 
calendar days after the date of delivery to such facility. The 
Administrator shall promulgate regulations under this subsection within 
90 days after the enactment of this section.
    ``(d) Failure To Deliver.--If the importer fails to deliver the 
hazardous or additional waste to the facility designated in the 
notification, consent and contract, the importer shall be legally and 
financially responsible for--
            ``(1) delivering such waste to an alternative facility in 
        compliance with all requirements of this subtitle and with 
        applicable State, tribal, and Federal laws; or
            ``(2) returning such waste to the exporting country in 
        compliance with all requirements of this subtitle.
    ``(e) Documents.--The importer shall ensure that all required 
documents have been properly executed and that the documents accompany 
the hazardous or additional wastes to the importing facility.
    ``(f) Financial Responsibility.--The importer shall comply with any 
financial responsibility requirements promulgated by the President. The 
importer shall also comply with any bonding, insurance, guarantee, and 
other financial responsibility requirements of the exporting and 
transit countries.
    ``(g) Regular Shipments.--The President may, subject to the written 
consent of the exporting and transit countries, allow the importer to 
use a general notification and consent procedure where hazardous or 
additional wastes having the same physical and chemical characteristics 
are shipped regularly to the same disposer via--
            ``(1) the same customs office of exit in the exporting 
        country;
            ``(2) the same customs office of entry in the United 
        States; and
            ``(3) the same customs offices of entry and exit in any 
        transit countries.
Such general notification and consent may cover multiple shipments of 
hazardous or additional wastes during a period of no more than 12 
months.

``SEC. 12006. REQUIREMENTS OF TRANSIT THROUGH THE UNITED STATES.

    ``(a) Coverage.--All imports of hazardous or additional wastes into 
the United States solely for purposes of transit through the United 
States to another country, shall be subject to the requirements of this 
section and the requirements of section 12005 shall not apply to any 
such imports.
    ``(b) Prohibition.--No person may import hazardous or additional 
wastes into the United States for transit through the United States to 
another country without the prior written consent of the President.
    ``(c) Pre-Import Requirements.--Prior to importing hazardous or 
additional wastes into the United States for transit, the person 
responsible for such transit shall provide to the President--
            ``(1) a written notice from the government of the exporting 
        country obtained through the Secretary of State, notifying the 
        United States of the proposed export and requesting consent to 
        the transit of the specified wastes through the United States;
            ``(2) copies of the consent to transit of any other transit 
        countries for the specified wastes; and
            ``(3) a copy of the consent to import granted by the 
        country in which final disposal of the specified wastes will 
        occur.
    ``(d) Consent to Transit.--The President may consent to the import 
of hazardous or additional waste into the United States solely for 
purposes of transit only upon a finding that, during transit, such 
waste will be managed in an environmentally sound manner.
    ``(e) Waste Tracking.--The United States importer and United States 
exporter of any hazardous or additional waste subject to this section 
shall be subject to regulations promulgated by the Administrator to 
assure that such importer and exporter both receive documentation from 
the importer in the next country to which such waste is transferred and 
that both the United States importer and the United States exporter 
provide a copy of such documentation to the Administrator within 30 
calendar days after the date of delivery to such next importer. The 
Administrator shall promulgate regulations under this subsection within 
90 days after the enactment of this section. Upon completion of transit 
through the United States, the person responsible for such transit 
shall provide a notice of completion to the Administrator.

``SEC. 12007. AUTHORITIES OF THE PRESIDENT AND THE ADMINISTRATOR.

    ``(a) Authority To Promulgate Regulations.--(1) Not later than 12 
months after the date of enactment of this subtitle, the President 
shall promulgate any regulations necessary to implement the 
requirements of this subtitle, including the requirements applicable to 
bilateral, multilateral, or regional agreements referred to in this 
subtitle. Such regulations shall include, at a minimum, provisions for: 
notification, tracking, manifesting, packaging, labelling, reporting, 
recordkeeping, financial responsibility, transportation, enforcement 
and information required to be included in contracts.
    ``(2) Such regulations shall be effective 60 days after the date of 
promulgation.
    ``(3) No exports shall take place pursuant to negotiated new 
bilateral, multilateral, or regional agreements entered into under 
section 12003(b) unless the Administrator has promulgated such 
regulations.
    ``(b) Authority To Prohibit Exports and Imports.--As required to 
fulfill the obligations of the United States under the Basel 
Convention, the President shall issue an order prohibiting by 
particular source, shipment, or class--
            ``(1) exports of hazardous or additional waste from the 
        United States where the President has reason to believe the 
        waste to be exported would not be managed in an environmentally 
        sound manner, notwithstanding the consent of the importing 
        country or other entity or the existence of a bilateral or 
        regional agreement between the United States and the importing 
        country;
            ``(2) imports of hazardous or additional waste into the 
        United States where the President has reason to believe such 
        imports or the subsequent management of such wastes would be in 
        violation of applicable State, tribal or Federal laws;
            ``(3) exports from or imports into the United States of 
        hazardous or additional wastes where the President has reason 
        to believe that the shipment(s) involved may not proceed in 
        accordance with--
                    ``(A) the contract specified in subsection 12004(b) 
                or subsection 12005(b), or
                    ``(B) any requirements of the bilateral or regional 
                agreements between the countries; or
            ``(4) exports from or imports into the United States of 
        hazardous or additional waste where such exports or imports 
        would otherwise be inconsistent with the international 
        obligations of the United States.
Such orders shall be immediately effective. However, the President 
shall conduct a hearing if, within 30 days of issuance of the order, 
any person or persons named therein or affected by the order submits 
written notification requesting a hearing. Following the hearing, the 
President, upon a determination that the order was not warranted, may 
modify or reissue the order. The proscribed exports or imports may not 
proceed during the pendency of any administrative hearing or judicial 
proceeding challenging an order by the President pursuant to this 
subsection. Judicial review of such orders shall be limited to the 
administrative record.
    ``(c) Inspections.--If, after a review of the notice of intent to 
export and other information concerning the management of hazardous or 
additional waste in the importing country, the President determines 
that there is substantial evidence that the hazardous or additional 
waste would not be managed in an environmentally sound manner, within 
the meaning of section 12003(c), the President may, before issuing an 
order prohibiting the export, request the exporter or the owner or 
operator of the treatment or disposal facility receiving the waste to--
            ``(1) arrange for the President to inspect the receiving 
        facility for the purpose of assessing the capability of the 
        facility to manage hazardous or additional waste in an 
        environmentally sound manner, within the meaning of 12003(c); 
        and
            ``(2) demonstrate that the receiving facility has operated 
        in substantial compliance with the regulatory program described 
        in section 12003(c) and in a manner which indicates that the 
        waste to be exported will be managed in accordance with the 
        applicable requirements of the program.
    ``(d) Emergency Orders.--Notwithstanding any other authorities 
provided by this subtitle, the President may issue an emergency order 
to prohibit the export or import of hazardous or additional wastes by 
particular source, shipment, or class from or to a specific country for 
a period not to exceed 60 days--
            ``(1) if the President has reason to believe that the 
        export or import may present an imminent and substantial 
        endangerment to health or the environment within or outside the 
        United States, or
            ``(2) if the government of an importing or exporting 
        country submits a request to the President for emergency action 
        in support of that country's enforcement efforts related to the 
        export or import of hazardous or additional waste.
There shall be no judicial review of such emergency order except in the 
context of an action brought by the Attorney General to enforce such 
order. The President shall have the authority to extend the emergency 
order after notice and opportunity for a hearing for a period not to 
exceed an additional 90 calendar days, except that in the case of an 
imminent and substantial endangerment, the order shall be effective 
until the President determines that the endangerment is no longer 
imminent. Any extension of the initial emergency order shall be subject 
to judicial review, and such review shall be limited to the 
administrative record.
    ``(e) Authority To Control Hazardous and Additional Waste Exports 
That Are Not Delivered.--Whenever any exporter or generator of 
hazardous or additional waste fails or refuses to commence taking 
actions specified in section 12004(d) within the period specified in 
section 12004(d), or whenever the Administrator receives notice that a 
shipment has not been delivered to the facility designated, or managed 
as specified in the notice, consent or contract, the Administrator 
shall perform the actions required by subsection 12004(d). The 
Administrator shall provide notice to the appropriate exporters or 
generators. The exporters or generators shall be liable for all costs 
incurred by the Administrator in arranging for or conducting such 
disposition, including but not limited to--
            ``(1) any liability resulting from the treatment, storage, 
        or disposal of the wastes;
            ``(2) costs of arranging for or conducting transportation, 
        storage, and disposal of the waste; and
            ``(3) attorney's fees incurred by the United States in 
        seeking recovery of its costs.
The United States may recover all such costs and fees from the 
exporters or generators in the United States District Court for the 
district in which the cost was incurred, or in which any of the 
exporters or generators reside or have their principal place of 
business, or in the District of Columbia.
    ``(f) Authority To Designate Ports.--The Administrator may by 
regulation limit or restrict to specifically designated ports in the 
United States shipments of--
            ``(1) particular hazardous or additional wastes for export 
        or import, or
            ``(2) all hazardous or additional waste for export or 
        import.

``SEC. 12008. ANTARCTIC TREATY AREA AND NATIONS WITH IMPORT BAN.

    ``(a) Prohibitions.--
            ``(1) Anarctic treaty area.--It shall be unlawful for any 
        person to export hazardous or additional waste for treatment, 
        incineration, storage, disposal or recycling to any location 
        south of 60 degrees south latitude.
            ``(2) Nations with import prohibitions.--It shall be 
        unlawful for any person to export hazardous or additional waste 
        from the United States to any other country in violation of any 
        provision of law in effect in that country prohibiting the 
        entry of such waste into that country.
    ``(b) Savings Provision.--Nothing in this section shall be 
construed as contravening or superseding--
            ``(1) any obligations under any international treaty, 
        convention, or agreement if such treaty, convention, or 
        agreement is in force with respect to the United States on the 
        date of enactment of this subtitle, and if it is compatible 
        with the environmentally sound management of hazardous or 
        additional waste, or
            ``(2) the provisions of any statute which implements any 
        such treaty, convention, or agreement.

``SEC. 12009. REPORTING.

    ``Effective in the calendar year following the effective date of 
regulations promulgated pursuant to this subtitle, all persons who 
export or import hazardous or additional waste under this subtitle 
shall report no later than March 1 of each calendar year to the 
Administrator summarizing the types, quantities, frequency, routes, 
ultimate destination, and any known disposition of all such hazardous 
and additional wastes that were exported or imported or for which 
notice to export or import was given during the preceding calendar 
year, and any such information that the Administrator may require 
pursuant to such regulations.

``SEC. 12010. FEES.

    ``The President shall promulgate and revise regulations 
establishing fees to be paid by persons who export or import any 
hazardous or additional wastes. Such fees shall be established at such 
level as the President estimates to be necessary to recover all 
reasonable costs incurred by all departments, agencies, and 
instrumentalities of the United States in carrying out the new 
requirements of this subtitle. Fees collected under this section shall 
be deposited as miscellaneous receipts in the United States Treasury 
and shall be available, subject to annual appropriation to the 
departments, agencies, and instrumentalities of the United States 
carrying out the requirements of this subtitle.

``SEC. 12011. FEDERAL ENFORCEMENT.

    ``The provisions of this subtitle shall be enforced in accordance 
with section 3008 of this Act.

``SEC. 12012. EFFECTIVE DATE.

    ``Except as otherwise provided, the provisions of this subtitle 
shall take effect on the date of enactment of the Waste Export and 
Import Control Act of 1994.''.
    (b) Objectives and National Policy.--Section 1003(a) of the Solid 
Waste Disposal Act is amended--
            (1) by striking out ``and'' at the end of paragraph (10);
            (2) by striking out the period at the end of paragraph (11) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(12) assuring that the export from and import into the 
        United States of hazardous and additional wastes is undertaken 
        in compliance with the provisions of the Basel Convention on 
        the Control of Transboundary Movements of Hazardous Wastes and 
        Their Disposal.''.
    (c) Retention of Existing Authority.--Section 3017 of the Solid 
Waste Disposal Act and all regulations promulgated pursuant to that 
section, shall remain effective for hazardous wastes exported or 
imported under subsection 12003(a) of that Act. No exports shall take 
place pursuant to negotiated new bilateral, multilateral, or regional 
agreements under section 12003(b) of that Act unless the Administrator 
has promulgated regulations pursuant to section 12007 of that Act.
    (d) Conforming Amendments.--(1) The table of contents of the Solid 
Waste Disposal Act is amended to add the following new items after the 
items relating to subtitle J--

  ``Subtitle K--Exports and Imports of Hazardous and Additional Wastes

``Sec. 12001. Definitions.
``Sec. 12002. Prohibition of exports and imports of hazardous and 
                            additional waste.
``Sec. 12003. Exceptions to prohibition.
``Sec. 12004. Requirements for export of hazardous and additional 
                            waste.
``Sec. 12005. Requirements for import of hazardous and additional 
                            waste.
``Sec. 12006. Requirements of transit through the United States.
``Sec. 12007. Authorities of the President and the Administrator.
``Sec. 12008. Antarctic Treaty area.
``Sec. 12009. Reporting.
``Sec. 12010. Fees.
``Sec. 12011. Federal enforcement.
``Sec. 12012. Effective date.''.
    (2) Section 3017(f) of the Solid Waste Disposal Act is amended to 
read as follows:
    ``(f) Additional Waste.--Effective on the date of the enactment of 
subtitle K of this Act, the provisions of this section shall be 
applicable to additional wastes identified under subtitle K, except 
that in the case of exports or imports of additional waste identified 
under subtitle K to or from any country with which the United States 
has entered into a bilateral, multilateral, or regional agreement 
regarding waste export and import that is in effect on the date of 
enactment of subtitle K, such provisions shall be effective 6 months 
after the date of the promulgation of regulations under section 
12007(a) of the Solid Waste Disposal Act or 24 months after the date of 
enactment of subtitle K of that Act, whichever is earlier.''.
    (3) Section 3017(h) of the Solid Waste Disposal Act is amended by 
inserting ``or under subtitle K'' at the end thereof.
    (4) Section 3008 of the Solid Waste Disposal Act is amended as 
follows:
            (A) Insert ``or subtitle K'' after ``this subtitle'' 
        wherever it appears in subsections (a) and (g).
            (B) Insert ``or, for violation of any requirement of 
        subtitle K, in the district in which the defendant resides or 
        maintains a principal place of business or in the District of 
        Columbia,'' after ``in which the violation occurred'' in 
        subsection (a).
            (C) Insert ``or under subtitle K or with bilateral or 
        regional agreements for the export or import of hazardous or 
        additional waste under subtitle K'' in subsections (d)(3) and 
        (d)(4) before the semicolon at the end.
            (D) Insert ``, imports'' after ``exports'' in subsection 
        (d)(4) and insert ``or any hazardous or additional wastes under 
        subtitle K'' after ``subtitle'' the first place it appears in 
        subsection (d)(4).
            (E) Amend subsection (d)(6) to read:
            ``(6) knowingly exports or imports a hazardous or 
        additional waste, as those terms are defined in subtitle K of 
        this Act, in violation of (A) any requirement of this subtitle, 
        or any regulation promulgated thereunder, or (B) any 
        requirement of a bilateral or regional agreement, as those 
        terms are defined in subtitle K of this Act, entered into 
        pursuant to such subtitle; or''.
            (F) In subsection (e)--
                    (i) insert ``or imports'' after ``exports''; and
                    (ii) insert ``or any hazardous or additional wastes 
                under subtitle K'' after ``subtitle'' the second place 
                it appears.
            (G) Insert at the end thereof the following new subsection:
    ``(i) Civil Enforcement of Emergency Orders.--Upon receipt of 
evidence that an export or import may present an imminent and 
substantial endangerment to health or the environment within or outside 
the United States, or upon the receipt of a request by the government 
of an importing or exporting country for emergency action in support of 
that country's enforcement efforts related to the export or import of 
hazardous or additional wastes, the President may bring suit on behalf 
of the United States in the appropriate United States district court 
to--
            ``(1) immediately restrain any person causing or 
        contributing to the alleged endangerment;
            ``(2) enforce the order; or,
            ``(3) take such other action as may be necessary.''.

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HR 3965 IH----2
HR 3965 IH----3