[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 291 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 291

    To amend the Resource Conservation and Recovery Act to improve 
 procedures for the implementation of State compacts providing for the 
    establishment and operation of regional disposal facilities for 
     municipal and industrial solid waste, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

Mr. Kanjorski introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Resource Conservation and Recovery Act to improve 
 procedures for the implementation of State compacts providing for the 
    establishment and operation of regional disposal facilities for 
     municipal and industrial solid waste, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SEC. 101. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Solid Waste 
Compact Act of 1995''.

SEC. 102. AMENDMENT TO THE RESOURCE CONSERVATION AND RECOVERY ACT.

    The Resource Conservation and Recovery Act (42 U.S.C. 6903) is 
amended by inserting at the end of section 6903 the following:
    ``(40) Compact--The term `compact' means a compact entered into by 
two or more States pursuant to this act.
    ``(41) Compact Commission--The term `compact commission' means the 
regional commission, committee, or board established in a compact to 
administer such compact.
    ``(42) Compact Region--The term `compact region' means the area 
consisting of all States that are members of the compact.
    ``(43) Solid Waste Disposal--The term `solid waste disposal' means 
the recycling, incinerating, landfilling, or burning of solid waste 
pursuant to the requirements established by the Environmental 
Protection Agency, or any State environmental agency in which a compact 
is physically located.
    ``(44) Non-Sited Compact Region--The term `non-sited compact 
region' means any compact region that is not a sited compact region.
    ``(45) Regional Disposal Facility--The term `regional disposal 
facility' means a non-Federal municipal or solid waste disposal 
facility in operation January 1, 1993, or subsequently established and 
operated under a compact.
    ``(46) Solid Waste--The term `solid waste' pertains to any 
nonhazardous waste generated by a municipality, industry, or community.
    ``(47) State--The term `State' means any State of the United 
States, the District of Columbia, and the Commonwealth of Puerto 
Rico.''.
    Sec. 103. The Resource Conservation and Recovery Act (42 U.S.C. 
6904) is amended by striking subsections (a) and (b) and inserting in 
lieu thereof the following:
    ``(a) State Responsibilities.--Each State shall be responsible for 
providing, either by itself or in cooperation with other states, a plan 
to adequately dispose of all solid waste that is generated within their 
state. Within 12 months of the enactment of the Solid Waste Compact Act 
of 1995 each State shall submit their plan to the United States 
Environmental Protection Agency for approval.
    ``(b) Regional Compacts for Solid Waste Disposal.--(1) In 
General.--
            ``(A) Federal policy.--It is the policy of the Federal 
        Government that the responsibilities of the States under 
        section (a) for the disposal of solid waste can be most safely 
        and effectively managed on a regional basis.
            ``(B) Interstate compacts.--To carry out the policy set 
        forth in paragraph (A) the States may enter into such compacts 
        as may be necessary to provide for the establishment and 
        operation of regional disposal facilities for solid waste.
    ``(2) Applicability to Federal Activities.--
            ``(A) Effect of compacts on federal law.--Nothing contained 
        in this Act or any compact may be construed to confer any new 
        authority on any compact commission or State--
                    ``(i) to regulate the packaging, generation, 
                treatment, storage, disposal, or transportation of 
                solid waste in a manner incompatible with the 
                regulations of the Environmental Protection Agency or 
                inconsistent with the Department of Transportation;
                    ``(ii) to regulate health, safety, or environmental 
                hazards from source or byproduct material.
            ``(B) Federal authority.--Except as expressly provided in 
        this Act, nothing contained in this act or any compact may be 
        construed to limit the applicability of any Federal law or to 
        diminish or to otherwise impair the jurisdiction of any action 
        taken pursuant to any compact.
            ``(C) State authority preserved.--Except as expressly 
        provided in this Act, nothing contained in this Act expands, 
        diminishes, or otherwise affects State law.
    ``(3) Restricted Use of Regional Solid Waste Disposal Facilities.--
Any authority in a compact to restrict the use of regional solid waste 
disposal facilities under the compact to the disposal of solid waste 
generated within the compact region shall not take effect before each 
of the following occurrs:
            ``(1) January 1, 1997; and
            ``(2) the Congress by law consents to the compact.
    ``(4) Congressional Review.--Each compact shall: Provide, That 
every 5 years after the compact has taken effect the Congress may by 
law withdraw its consent.
    ``(c) Alternative Solid Waste Disposal Methods.--
            ``(1) Not later than 12 months after the date of enactment 
        of the Solid Waste Compact Act of 1995, the Environmental 
        Protection Agency shall, in consultation with the States and 
        other interested persons, identify potential alternative 
        management programs for the control of solid waste, and 
        establish and publish technical guidance regarding the 
        implementation of such programs.
            ``(2) Not later than 24 months after the date of the 
        enactment of the Solid Waste Compact Act of 1995, the 
        Environmental Protection Agency shall, in consultation with the 
        States and other interested persons, identify and publish all 
        relevant technical information regarding the technologies 
        pursuant to subsection (1) that a State or compact must provide 
        to the Agency in order to pursue such programs, together with 
        the requirements that such facilities must meet, in the 
        judgment of the Agency, if pursued as an alternative to 
        traditional solid waste management.''.

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