[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 942 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 942

 To amend the Solid Waste Disposal Act to provide authority for States 
 to limit the interstate transportation of municipal solid waste, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1997

     Mr. Franks of New Jersey (for himself, Mrs. Roukema, and Mr. 
Frelinghuysen) introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to provide authority for States 
 to limit the interstate transportation of municipal 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,

                       TITLE I--INTERSTATE WASTE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Interstate Transportation of 
Municipal Solid Waste Act of 1997''.

SEC. 102. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

    (a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding after section 4010 the 
following new section:

``SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

    ``(a) Authority To Restrict Out-of-State Municipal Solid Waste.--
(1) Except as provided in paragraph (4), immediately upon the date of 
enactment of this section if requested in writing by an affected local 
government, a Governor may prohibit the disposal of out-of-State 
municipal solid waste in any landfill or incinerator that is not 
covered by the exceptions provided in subsection (b) and that is 
subject to the jurisdiction of the Governor and the affected local 
government.
    ``(2) Except as provided in paragraph (4), immediately upon the 
date of publication of the list required in paragraph (6)(C) and 
notwithstanding the absence of a request in writing by the affected 
local government, a Governor, in accordance with paragraph (5), may 
limit the quantity of out-of-State municipal solid waste received for 
disposal at each landfill or incinerator covered by the exceptions 
provided in subsection (b) that is subject to the jurisdiction of the 
Governor, to an annual amount equal to or greater than the quantity of 
out-of-State municipal solid waste received for disposal at such 
landfill or incinerator during calendar year 1993.
    ``(3)(A) Except as provided in paragraph (4), any State that 
imported more than 750,000 tons of out-of-State municipal solid waste 
in 1993 may establish a limit under this paragraph on the amount of 
out-of-State municipal solid waste received for disposal at landfills 
and incinerators in the importing State as follows:
            ``(i) In calendar year 1998, 95 percent of the amount 
        exported to the State in calendar year 1993.
            ``(ii) In calendar years 1999 through 2004, 95 percent of 
        the amount exported to the State in the previous year.
            ``(iii) In calendar year 2005, and each succeeding year, 
        the limit shall be 65 percent of the amount exported in 1993.
            ``(iv) No exporting State shall be required under this 
        subparagraph to reduce its exports to any importing State below 
        the proportionate amount established herein.
    ``(B)(i) No State may export to landfills or incinerators in any 1 
State that are not covered by host community agreements or permits 
authorizing receipt of out-of-State municipal solid waste more than the 
following amounts of municipal solid waste:
            ``(I) In calendar year 1998, the greater of 1,400,000 tons 
        or 90 percent of the amount exported to the State in calendar 
        year 1993.
            ``(II) In calendar year 1999, the greater of 1,300,000 tons 
        or 90 percent of the amount exported to the State in calendar 
        year 1998.
            ``(III) In calendar year 2000, the greater of 1,200,000 
        tons or 90 percent of the amount exported to the State in 
        calendar year 1999.
            ``(IV) In calendar year 2001, the greater of 1,100,000 tons 
        or 90 percent of the amount exported to the State in calendar 
        year 2000.
            ``(V) In calendar year 2002, 1,000,000 tons.
            ``(VI) In calendar year 2003, 750,000 tons.
            ``(VII) In calendar year 2004 or any calendar year 
        thereafter, 550,000 tons.
    ``(ii) The Governor of an importing State may take action to 
restrict levels of imports to reflect the appropriate level of out-of-
State municipal solid waste imports if--
            ``(I) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator, 12 
        months prior to taking any such action, of the importing 
        State's intention to impose the requirements of this section;
            ``(II) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator of the 
        violation by the exporting State of this section at least 90 
        days prior to taking any such action; and
            ``(III) the restrictions imposed by the Governor of the 
        importing State are uniform at all facilities and the Governor 
        of the importing State may only apply subparagraph (A) or (B) 
        but not both.
    ``(C) The authority provided by subparagraphs (A) and (B) shall 
apply for as long as a State exceeds the permissible levels as 
determined by the Administrator under paragraph (6)(C).
    ``(4)(A) A Governor may not exercise the authority granted under 
this section if such action would result in the violation of, or would 
otherwise be inconsistent with, the terms of a host community agreement 
or a permit issued from the State to receive out-of-State municipal 
solid waste.
    ``(B) Except as provided in paragraph (3), a Governor may not 
exercise the authority granted under this section in a manner that 
would require any owner or operator of a landfill or incinerator 
covered by the exceptions provided in subsection (b) to reduce the 
amount of out-of-State municipal solid waste received from any State 
for disposal at such landfill or incinerator to an annual quantity less 
than the amount received from such State for disposal at such landfill 
or incinerator during calendar year 1993.
    ``(5) Any limitation imposed by a Governor under paragraph (2) or 
(3)--
            ``(A) shall be applicable throughout the State;
            ``(B) shall not directly or indirectly discriminate against 
        any particular landfill or incinerator within the State; and
            ``(C) shall not directly or indirectly discriminate against 
        any shipments of out-of-State municipal solid waste on the 
        basis of place of origin and all such limitations shall be 
        applied to all States in violation of paragraph (3).
    ``(6) Annual state report.--
            ``(A) In general.--Within 90 days after enactment of this 
        section and on April 1 of each year thereafter the owner or 
        operator of each landfill or incinerator receiving out-of-State 
        municipal solid waste shall submit to the affected local 
        government and to the Governor of the State in which the 
        landfill or incinerator is located, information specifying the 
        amount and State of origin of out-of-State municipal solid 
        waste received for disposal during the preceding calendar year, 
        and the amount of waste that was received pursuant to host 
        community agreements or permits authorizing receipt of out-of-
        State municipal solid waste. Within 120 days after enactment of 
        this section and on May 1 of each year thereafter each State 
        shall publish and make available to the Administrator, the 
        Governor of the State of origin and the public, a report 
        containing information on the amount of out-of-State municipal 
        solid waste received for disposal in the State during the 
        preceding calendar year.
            ``(B) Contents.--Each submission referred to in this 
        section shall be such as would result in criminal penalties in 
        case of false or misleading information. Such information shall 
        include the amount of waste received, the State of origin, the 
        identity of the generator, the date of the shipment, and the 
        type of out-of-State municipal solid waste. States making 
        submissions referred to in this section to the Administrator 
        shall notice these submissions for public review and comment at 
        the State level before submitting them to the Administrator.
            ``(C) List.--The Administrator shall publish a list of 
        importing States and the out-of-State municipal solid waste 
        received from each State at landfills or incinerators not 
        covered by host community agreements or permits authorizing 
        receipt of out-of-State municipal solid waste. The list for any 
        calendar year shall be published by June 1 of the following 
        calendar year.
For purposes of developing the list required in this section, the 
Administrator shall be responsible for collating and publishing only 
that information provided to the Administrator by States pursuant to 
this section. The Administrator shall not be required to gather 
additional data over and above that provided by the States pursuant to 
this section, nor to verify data provided by the States pursuant to 
this section, nor to arbitrate or otherwise entertain or resolve 
disputes between States or other parties concerning interstate 
movements of municipal solid waste. Any actions by the Administrator 
under this section shall be final and not subject to judicial review.
            ``(D) Savings provision.--Nothing in this subsection shall 
        be construed to preempt any State requirement that requires 
        more frequent reporting of information.
    ``(7) Any affected local government that intends to submit a 
request under paragraph (1) or take formal action to enter into a host 
community agreement after the date of enactment of this subsection 
shall, prior to taking such action--
            ``(A) notify the Governor, contiguous local governments, 
        and any contiguous Indian tribes;
            ``(B) publish notice of the action in a newspaper of 
        general circulation at least 30 days before taking such action;
            ``(C) provide an opportunity for public comment; and
            ``(D) following notice and comment, take formal action on 
        any proposed request or action at a public meeting.
    ``(8) Any owner or operator seeking a host community agreement 
after the date of enactment of this subsection shall provide to the 
affected local government the following information, which shall be 
made available to the public from the affected local government:
            ``(A) A brief description of the planned facility, 
        including a description of the facility size, ultimate waste 
        capacity, and anticipated monthly and yearly waste quantities 
        to be handled.
            ``(B) A map of the facility site that indicates the 
        location of the facility in relation to the local road system 
        and topographical and hydrological features and any buffer 
        zones and facility units to be acquired by the owner or 
        operator of the facility.
            ``(C) A description of the existing environmental 
        conditions at the site, and any violations of applicable laws 
        or regulations.
            ``(D) A description of environmental controls to be 
        utilized at the facility.
            ``(E) A description of the site access controls to be 
        employed, and roadway improvements to be made, by the owner or 
        operator, and an estimate of the timing and extent of increased 
        local truck traffic.
            ``(F) A list of all required Federal, State, and local 
        permits.
            ``(G) Any information that is required by State or Federal 
        law to be provided with respect to any violations of 
        environmental laws (including regulations) by the owner and 
        operator, the disposition of enforcement proceedings taken with 
        respect to the violations, and corrective measures taken as a 
        result of the proceedings.
            ``(H) Any information that is required by State or Federal 
        law to be provided with respect to compliance by the owner or 
        operator with the State solid waste management plan.
    ``(b) Exceptions to Authority To Prohibit Out-of-State Municipal 
Solid Waste.--(1) The authority to prohibit the disposal of out-of-
State municipal solid waste provided under subsection (a)(1) shall not 
apply to landfills and incinerators in operation on the date of 
enactment of this section that--
            ``(A) received during calendar year 1993 documented 
        shipments of out-of-State municipal solid waste; and
            ``(B)(i) in the case of landfills, are in compliance with 
        all applicable Federal and State laws and regulations relating 
        to operation, design and location standards, leachate 
        collection, ground water monitoring, and financial assurance 
        for closure and post-closure and corrective action; or
            ``(ii) in the case of incinerators, are in compliance with 
        the applicable requirements of section 129 of the Clean Air Act 
        (42 U.S.C. 7429) and applicable State laws and regulations 
        relating to facility design and operations.
    ``(2) A Governor may not prohibit the disposal of out-of-State 
municipal solid waste pursuant to subsection (a)(1) at facilities 
described in this subsection that are not in compliance with applicable 
Federal and State laws and regulations unless disposal of municipal 
solid waste generated within the State at such facilities is also 
prohibited.
    ``(c) Additional Authority To Limit Out-of-State Municipal Solid 
Waste.--(1) In any case in which an affected local government is 
considering entering into, or has entered into, a host community 
agreement and the disposal or incineration of out-of-State municipal 
solid waste under such agreement would preclude the use of municipal 
solid waste management capacity described in paragraph (2), the 
Governor of the State in which the affected local government is located 
may prohibit the execution of such host community agreement with 
respect to that capacity.
    ``(2) The municipal solid waste management capacity referred to in 
paragraph (1) is that capacity--
            ``(A) that is permitted under Federal or State law;
            ``(B) that is identified under the State plan; and
            ``(C) for which a legally binding commitment between the 
        owner or operator and another party has been made for its use 
        for disposal or incineration of municipal solid waste generated 
        within the region (identified under section 4006(a)) in which 
        the local government is located.
    ``(d) Cost Recovery Surcharge.--
            ``(1) Authority.--A State described in paragraph (2) may 
        adopt a law and impose and collect a cost recovery charge on 
        the processing or disposal of out-of-State municipal solid 
        waste in the State in accordance with this subsection.
            ``(2) Applicability.--The authority to impose a cost 
        recovery surcharge under this subsection applies to any State 
        that on or before April 3, 1994, imposed and collected a 
        special fee on the processing or disposal of out-of-State 
        municipal solid waste pursuant to a State law.
            ``(3) Limitation.--No such State may impose or collect a 
        cost recovery surcharge from a facility on any out-of-State 
        municipal solid waste that is being received at the facility 
        under 1 or more contracts entered into after April 3, 1994, and 
        before the date of enactment of this section.
            ``(4) Amount of surcharge.--The amount of the cost recovery 
        surcharge may be no greater than the amount necessary to 
        recover those costs determined in conformance with paragraph 
        (6) and in no event may exceed $1.00 per ton of waste.
            ``(5) Use of surcharge collected.--All cost recovery 
        surcharges collected by a State covered by this subsection 
        shall be used to fund those solid waste management programs 
        administered by the State or its political subdivision that 
        incur costs for which the surcharge is collected.
            ``(6) Conditions.--(A) Subject to subparagraphs (B) and 
        (C), a State covered by this subsection may impose and collect 
        a cost recovery surcharge on the processing or disposal within 
        the State of out-of-State municipal solid waste if--
                    ``(i) the State demonstrates a cost to the State 
                arising from the processing or disposal within the 
                State of a volume of municipal solid waste from a 
                source outside the State;
                    ``(ii) the surcharge is based on those costs to the 
                State demonstrated under clause (i) that, if not paid 
                for through the surcharge, would otherwise have to be 
                paid or subsidized by the State; and
                    ``(iii) the surcharge is compensatory and is not 
                discriminatory.
            ``(B) In no event shall a cost recovery surcharge be 
        imposed by a State to the extent that the cost for which 
        recovery is sought is otherwise paid, recovered, or offset by 
        any other fee or tax paid to the State or its political 
        subdivision or to the extent that the amount of the surcharge 
        is offset by voluntarily agreed payments to a State or its 
        political subdivision in connection with the generation, 
        transportation, treatment, processing, or disposal of solid 
        waste.
            ``(C) The grant of a subsidy by a State with respect to 
        entities disposing of waste generated within the State does not 
        constitute discrimination for purposes of subparagraph 
        (A)(iii).
            ``(7) Definitions.--As used in this subsection:
                    ``(A) The term `costs' means the costs incurred by 
                the State for the implementation of its laws governing 
                the processing or disposal of municipal solid waste, 
                limited to the issuance of new permits and renewal of 
                or modification of permits, inspection and compliance 
                monitoring, enforcement, and costs associated with 
                technical assistance, data management, and collection 
                of fees.
                    ``(B) The term `processing' means any activity to 
                reduce the volume of solid waste or alter its chemical, 
                biological or physical state, through processes such as 
                thermal treatment, bailing, composting, crushing, 
                shredding, separation, or compaction.
    ``(e) Savings Clause.--Nothing in this section shall be interpreted 
or construed--
            ``(1) to have any effect on State law relating to 
        contracts; or
            ``(2) to affect the authority of any State or local 
        government to protect public health and the environment through 
        laws, regulations, and permits, including the authority to 
        limit the total amount of municipal solid waste that landfill 
        or incinerator owners or operators within the jurisdiction of a 
        State may accept during a prescribed period: Provided, That 
        such limitations do not discriminate between in-State and out-
        of-State municipal solid waste, except to the extent authorized 
        by this section.
    ``(f) Definitions.--As used in this section:
            ``(1)(A) The term `affected local government', used with 
        respect to a landfill or incinerator, means--
                    ``(i) the public body created by State law with 
                responsibility to plan for municipal solid waste 
                management, a majority of the members of which are 
                elected officials, for the area in which the facility 
                is located or proposed to be located; or
                    ``(ii) the elected officials of the city, town, 
                township, borough, county, or parish exercising primary 
                responsibility over municipal solid waste management or 
                the use of land in the jurisdiction in which the 
                facility is located or is proposed to be located.
            ``(B)(i) Within 90 days after the date of enactment of this 
        section, a Governor may designate and publish notice of which 
        entity listed in clause (i) or (ii) of subparagraph (A) shall 
        serve as the affected local government for actions taken under 
        this section and after publication of such notice.
            ``(ii) If a Governor fails to make and publish notice of 
        such a designation, the affected local government shall be the 
        elected officials of the city, town, township, borough, county, 
        parish, or other public body created pursuant to State law with 
        primary jurisdiction over the land or the use of land on which 
        the facility is located or is proposed to be located.
            ``(C) For purposes of host community agreements entered 
        into before the date of publication of the notice, the term 
        means either a public body described in subparagraph (A)(i) or 
        the elected officials of any of the public bodies described in 
        subparagraph (A)(ii).
            ``(2) Host community agreement.--The term `host community 
        agreement' means a written, legally binding document or 
        documents executed by duly authorized officials of the affected 
        local government that specifically authorizes a landfill or 
        incinerator to receive municipal solid waste generated out of 
        State, but does not include any agreement to pay host community 
        fees for receipt of waste unless additional express 
        authorization to receive out-of-State waste is also included.
            ``(3) The term `out-of-State municipal solid waste' means, 
        with respect to any State, municipal solid waste generated 
        outside of the State. Unless the President determines it is 
        inconsistent with the North American Free Trade Agreement and 
        the General Agreement on Tariffs and Trade, the term shall 
        include municipal solid waste generated outside of the United 
        States. Notwithstanding any other provision of law, generators 
        of municipal solid waste outside the United States shall 
        possess no greater right of access to disposal facilities in a 
        State than United States generators of municipal solid waste 
        outside of that State.
            ``(4) The term `municipal solid waste' means refuse (and 
        refuse-derived fuel) generated by the general public or from a 
        residential, commercial, institutional, or industrial source 
        (or any combination thereof), consisting of paper, wood, yard 
        wastes, plastics, leather, rubber, or other combustible or 
        noncombustible materials such as metal or glass (or any 
        combination thereof). The term `municipal solid waste' does not 
        include--
                    ``(A) any solid waste identified or listed as a 
                hazardous waste under section 3001;
                    ``(B) any solid waste, including contaminated soil 
                and debris, resulting from a response action taken 
                under section 104 or 106 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (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 
                diverted from municipal solid waste (as otherwise 
                defined in this paragraph) and has been transported 
                into a 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 of the waste, or is located on 
                        property owned by a company in which the 
                        generator of the waste has an ownership 
                        interest;
                    ``(E) any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation;
                    ``(F) any industrial waste that is not identical to 
                municipal solid waste (as otherwise defined in this 
                paragraph) with respect to the physical and chemical 
                state of the industrial waste, and composition, 
                including construction and demolition debris;
                    ``(G) any medical waste that is segregated from or 
                not mixed with municipal solid waste (as otherwise 
                defined in this paragraph); or
                    ``(H) any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(5) The term `compliance' means a pattern or practice of 
        adhering to and satisfying standards and requirements 
        promulgated by the Federal or a State government for the 
        purpose of preventing significant harm to human health and the 
        environment. Actions undertaken in accordance with compliance 
        schedules for remediation established by Federal or State 
        enforcement authorities shall be considered compliance for 
        purposes of this section.
            ``(6) The terms `specifically authorized' and `specifically 
        authorizes' refer to an explicit authorization, contained in a 
        host community agreement or permit, to import waste from 
        outside the State. Such authorization may include a reference 
        to a fixed radius surrounding the landfill or incinerator that 
        includes an area outside the State or a reference to any place 
        of origin, reference to specific places outside the State, or 
        use of such phrases as `regardless of origin' or `outside the 
        State'. The language for such authorization may vary as long as 
        it clearly and affirmatively states the approval or consent of 
        the affected local government or State for receipt of municipal 
        solid waste from sources outside the State.
    ``(g) Implementation and Enforcement.--Any State may adopt such 
laws and regulations, not inconsistent with this section, as are 
necessary to implement and enforce this section, including provisions 
for penalties.''.
    (b) Table of Contents Amendment.--The table of contents in section 
1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended 
by adding the following new item after the item relating to section 
4010:

``Sec. 4011. Interstate transportation of municipal solid waste.''.

SEC. 103. NEEDS DETERMINATION.

    The Governor of a State may accept, deny or modify an application 
for a municipal solid waste management facility permit if--
            (1) it is done in a manner that is not inconsistent with 
        the provisions of this section;
            (2) a State law enacted in 1990 and a regulation adopted by 
        the governor in 1991 specifically requires the permit applicant 
        to demonstrate that there is a local or regional need within 
        the State for the facility; and
            (3) the permit applicant fails to demonstrate that there is 
        a local or regional need within the State for the facility.

                         TITLE II--FLOW CONTROL

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Municipal Solid Waste Flow Control 
Act of 1997''.

SEC. 202. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL MUNICIPAL 
              SOLID WASTE FLOW CONTROL.

    (a) Amendment of Subtitle D.--Subtitle D of the Solid Waste 
Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after 
section 4011 the following new section:

``SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT 
              CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND 
              RECYCLABLE MATERIALS.

    ``(a) Flow Control Authority for Facilities Designated as of May 
16, 1994.--Any State or political subdivision thereof is authorized to 
exercise flow control authority to direct the movement of municipal 
solid waste, and recyclable materials voluntarily relinquished by the 
owner or generator thereof, to particular waste management facilities, 
or facilities for recyclable materials, designated as of May 16, 1994, 
if each of the following conditions are met:
            ``(1) The waste and recyclable materials are generated 
        within the jurisdictional boundaries of such State or political 
        subdivision, determined as of May 16, 1994.
            ``(2) Such flow control authority is imposed through the 
        adoption or execution of a law, ordinance, regulation, 
        resolution, or other legally binding provision or legally 
        binding official act of the State or political subdivision 
        that--
                    ``(A) was in effect on May 16, 1994,
                    ``(B) was in effect prior to the issuance of an 
                injunction or other order by a court based on a ruling 
                that such law, ordinance, regulation, resolution, or 
                other legally binding provision or official act 
                violated the Commerce Clause of the United States 
                Constitution, or
                    ``(C) was in effect immediately prior to suspension 
                thereof by legislative or official administrative 
                action of the State or political subdivision expressly 
                because of the existence of a court order of the type 
                described in subparagraph (B) issued by a court of the 
                same State or Federal judicial circuit.
            ``(3) The State or a political subdivision thereof has, for 
        one or more of such designated facilities, in accordance with 
paragraph (2), on or before May 16, 1994, either--
                    ``(A) presented eligible bonds for sale, or
                    ``(B) executed a legally binding contract or 
                agreement that obligates it to deliver a minimum 
                quantity of waste or recyclable materials to one or 
                more such designated waste management facilities or 
                facilities for recyclable materials and that obligates 
                it to pay for that minimum quantity of waste or 
                recyclable materials even if the stated minimum 
                quantity of such waste or recyclable materials is not 
                delivered within a required timeframe.
    ``(b) Waste Stream Subject to Flow Control.--The flow control 
authority of subsection (a) shall only permit the exercise of flow 
control authority to any designated facility of the specific classes or 
categories of municipal solid waste and voluntarily relinquished 
recyclable materials to which flow control authority was applicable on 
May 16, 1994, or immediately before the effective date of an injunction 
or court order referred to in subsection (a)(2)(B) or an action 
referred to in subsection (a)(2)(C) and--
            ``(1) in the case of any designated waste management 
        facility or facility for recyclable materials that was in 
        operation as of May 16, 1994, only if the facility concerned 
        received municipal solid waste or recyclable materials in those 
        classes or categories within 2 years prior to May 16, 1994, or 
        the effective date of such injunction or other court order or 
        action,
            ``(2) in the case of any designated waste management 
        facility or facility for recyclable materials that was not yet 
        in operation as of May 16, 1994, only of the classes or 
        categories that were clearly identified by the State or 
        political subdivision as of May 16, 1994, to be flow controlled 
        to such facility, and
            ``(3) only to the extent of the maximum volume authorized 
        by State permit to be disposed at the waste management facility 
        or processed at the facility for recyclable materials.
If specific classes or categories of municipal solid waste or 
recyclable materials were not clearly identified, paragraph (2) shall 
apply only to municipal solid waste generated by households, including 
single family residences and multi-family residences of up to 4 units.
    ``(c) Duration of Flow Control Authority.--Flow control authority 
may be exercised pursuant to this section to any facility or facilities 
only until the later of the following:
            ``(1) The expiration date of the bond referred to in 
        subsection (a)(3)(A).
            ``(2) The expiration date of the contract or agreement 
        referred to in subsection (a)(3)(B).
            ``(3) The adjusted expiration date of a bond issued for a 
        qualified environmental retrofit.
Such expiration dates shall be determined based upon the terms and 
provisions of the bond or contract in effect on May 16, 1994. In the 
case of a contract described in subsection (a)(3)(B) that has no 
specified expiration date, for purposes of paragraph (2) the expiration 
date shall be treated as the first date that the State or political 
subdivision that is a party to the contract can withdraw from its 
responsibilities under the contract without being in default thereunder 
and without substantial penalty or other substantial legal sanction.
    ``(d) Mandatory Opt-Out for Generators and Transporters.--
Notwithstanding any other provision of this section, no State or 
political subdivision may require any generator or transporter of 
municipal solid waste or recyclable materials to transport such waste 
or materials, or deliver such waste or materials for transportation, to 
a facility that is listed on the National Priorities List established 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 unless such State or political subdivision or the 
owner or operator of such facility has adequately indemnified the 
generator or transporter against all liability under that Act with 
respect to such waste or materials.
    ``(e) Effect on Existing Laws.--
            ``(1) Environmental laws.--Nothing in this section shall be 
        interpreted or construed to have any effect on any other law 
        relating to the protection of human health and the environment, 
        or the management of municipal solid waste or recyclable 
        materials.
            ``(2) State law.--Nothing in this section shall be 
        interpreted to authorize a political subdivision to exercise 
        the flow control authority granted by this section in a manner 
        inconsistent with State law.
            ``(3) Ownership of recyclable materials.--Nothing in this 
        section shall authorize any State or political subdivision to 
        require any generator or owner of recyclable materials to 
        transfer any recyclable materials to such State or political 
        subdivision, nor shall prohibit any persons from selling, 
        purchasing, accepting, conveying, or transporting any 
        recyclable materials, unless the generator or owner voluntarily 
makes such recyclable materials available to the State or political 
subdivision and relinquishes any rights to, or ownership of, such 
recyclable materials.
    ``(f) Facilities Not Qualified for Flow Control.--No flow control 
authority may be exercised under the provisions of this section to 
direct solid waste or recyclable materials to any facility pursuant to 
an ordinance if--
            ``(1) the ordinance was determined to be unconstitutional 
        by a State or Federal court in October of 1994;
            ``(2) the facility is located over a sole source aquifer, 
        within 5 miles of a public beach, and within 25 miles of a city 
        with a population of more than 5,000,000; and
            ``(3) the facility is not fully permitted and operating in 
        complete official compliance with all Federal, State, and local 
        environmental regulations.
    ``(g) Limitation on Revenue.--A State or qualified political 
subdivision may exercise the flow control authority granted in this 
section only if the State or qualified political subdivision limits the 
use of any of the revenues it derives from the exercise of such 
authority for the payment of one or more of the following:
            ``(1) Principal and interest on any eligible bond.
            ``(2) Principal and interest on a bond issued for a 
        qualified environmental retrofit.
            ``(3) Payments required by the terms of a contract referred 
        to in subsection (a)(3)(B).
            ``(4) Other expenses necessary for the operation and 
        maintenance of designated facilities and other integral 
        facilities necessary for the operation and maintenance of such 
        designated facilities that are identified by the same eligible 
        bond.
            ``(5) To the extent not covered by paragraphs (1) through 
        (4), expenses for recycling, composting, and household 
        hazardous waste activities in which the State or political 
        subdivision was engaged before May 16, 1994, and for which the 
        State or political subdivision, after periodic evaluation, 
        beginning no later than one year after the enactment of this 
        section, finds that there is no comparable qualified private 
        sector service provider available. Such periodic evaluation 
        shall be based on public notice and open competition. The 
        amount and nature of payments described in this paragraph shall 
        be fully disclosed to the public annually.
    ``(h) Interim Contracts.--A lawful, legally binding contract under 
State law that was entered into during the period--
            ``(1) before November 10, 1995, and after the effective 
        date of any applicable final court order no longer subject to 
        judicial review specifically invalidating the flow control 
        authority of such State or political subdivision, or
            ``(2) after such State or political subdivision refrained 
        pursuant to legislative or official administrative action from 
        enforcing flow control authority and before the effective date 
        on which it resumes enforcement of flow control authority after 
        enactment of this section,
shall be fully enforceable in accordance with State law.
    ``(i) Areas With Pre-1984 Flow Control.--
            ``(1) General authority.--A State that on or before January 
        1, 1984--
                    ``(A) adopted regulations under a State law that 
                required or directed transportation, management, or 
                disposal of municipal solid waste from residential, 
                commercial, institutional, or industrial sources (as 
                defined under State law) to specifically identified 
                waste management facilities, and applied those 
                regulations to every political subdivision of the 
                State, and
                    ``(B) subjected such waste management facilities to 
                the jurisdiction of a State public utilities 
                commission,
        may exercise flow control authority over municipal solid waste 
        in accordance with the other provisions of this section and may 
        exercise the additional flow control authority described in 
        paragraph (2).
            ``(2) Additional flow control authority.--A State that 
        meets the requirements of paragraph (1) and any political 
        subdivision thereof may exercise flow control authority over 
        all classes and categories of municipal solid waste that were 
        subject to flow control by such State or political subdivision 
        thereof on May 16, 1994, by directing it from any existing 
        waste management facility that was designated as of May 16, 
        1994, or any proposed waste management facility in the State to 
        any other such existing or proposed waste management facility 
        in the State without regard to whether the political 
        subdivision within which the municipal solid waste is generated 
        had designated the particular waste management facility or had 
        issued a bond or entered into a contract referred to in 
subsection (a)(3) (A) or (B), respectively.
            ``(3) Definition.--For purposes of this subsection, the 
        term `proposed waste management facility' means a waste 
        management facility that was specifically identified in a waste 
        management plan prior to May 16, 1994, and for the construction 
        of which--
                    ``(A) revenue bonds were issued and outstanding as 
                of May 16, 1994,
                    ``(B) additional financing with revenue bonds was 
                required as of the date of enactment of this section to 
                complete construction, and
                    ``(C) a permit had been issued prior to December 
                31, 1994.
            ``(4) Limitation of authority.--The additional flow control 
        authority granted by paragraph (2) may be exercised to--
                    ``(A) any facility described in paragraph (2) for 
                up to 5 years after the date of enactment of this 
                section, and
                    ``(B) after 5 years after enactment of this 
                section, only to those facilities and only with respect 
                to the classes, categories, and geographic origin of 
                waste directed to such facilities specifically 
                identified by the State in a public notice issued 
                within 5 years after enactment of this section.
            ``(5) Duration of authority.--The authority to direct 
        municipal solid waste to any facility pursuant to this 
        subsection shall terminate with regard to such facility in 
        accordance with subsection (c).
    ``(j) Savings Clause.--Nothing in this section is intended to have 
any effect on the authority of any State or political subdivision to 
franchise, license, or contract for municipal solid waste collection, 
processing, or disposal.
    ``(k) Application of Flow Control Authority.--The flow control 
authority granted by this section shall be exercised in a manner that 
ensures that it is applied to the public sector if it is applied to the 
private sector.
    ``(l) Promotion of Recycling.--The Congress finds that, in order to 
promote recycling, anyone engaged in recycling activities should strive 
to meet applicable standards for the reuse of recyclable materials.
    ``(m) Effective Date.--The provisions of this section shall take 
effect with respect to the exercise by any State or political 
subdivision of flow control authority on or after the date of enactment 
of this section, and such provisions shall also apply to the exercise 
by any State or political subdivision of flow control authority before 
such date of enactment unless the exercise of such authority has been 
declared unconstitutional by a final judicial decision that is no 
longer subject to judicial review.
    ``(n) Definitions.--For the purposes of this section--
            ``(1) Adjusted expiration date.--The term `adjusted 
        expiration date' means, with respect to a bond issued for a 
        qualified environmental retrofit, the earlier of the final 
        maturity date of such bond or 15 years after the date of 
        issuance of such bonds.
            ``(2) Bond issued for a qualified environmental retrofit.--
        The term `bond issued for a qualified environmental retrofit' 
        means a revenue or general obligation bond, the proceeds of 
        which are dedicated to financing the retrofitting of a resource 
        recovery facility or a municipal solid waste incinerator 
        necessary to comply with section 129 of the Clean Air Act, 
        provided that such bond is presented for sale before the 
        expiration date of the bond or contract referred to in 
        subsection (a)(3) (A) and (B) respectively that is applicable 
        to such facility and no later than December 31, 1999.
            ``(3) Designate; designation, etc.--The terms `designate', 
        `designated', `designating', and `designation' mean a 
        requirement of a State or political subdivision, and the act of 
        a State or political subdivision, individually or collectively, 
        to require that all or any portion of the municipal solid waste 
        or recyclable materials that is generated within the boundaries 
        of the State or any political subdivision be delivered to one 
        or more waste management facilities or facilities for 
        recyclable materials identified by the State or a political 
        subdivision thereof. The term `designation' includes bond 
        covenants, official statements, or other official financing 
        documents issued by a political subdivision issuing an eligible 
        bond in which it identified a specific waste management 
        facility as being the subject of such bond and the requisite 
        facility for receipt of municipal solid waste or recyclable 
        materials generated within the jurisdictional boundaries of 
        that political subdivision.
            ``(4) Eligible bond.--The term `eligible bond' means--
                    ``(A) a revenue bond specifically to finance one or 
                more designated waste management facilities, facilities 
                for recyclable materials, or specifically and directly 
                related assets, development or finance costs, as 
                evidenced by the bond documents; or
                    ``(B) a general obligation bond, the proceeds of 
                which were used solely to finance one or more 
                designated waste management facilities, facilities for 
                recyclable materials, or specifically and directly 
                related assets, development or finance costs, as 
                evidenced by the bond documents.
            ``(5) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of 
        municipal solid waste or voluntarily relinquished recyclable 
        materials and direct such solid waste or voluntarily 
        relinquished recyclable materials to one or more designated 
        waste management facilities or facilities for recyclable 
        materials within the boundaries of a State or within the 
        boundaries of a political subdivision of a State, as in effect 
        on May 16, 1994.
            ``(6) Municipal solid waste.--The term `municipal solid 
        waste' means any solid waste generated by the general public or 
        by households, including single residences and multifamily 
        residences, and from commercial, institutional, and industrial 
        sources, to the extent such waste is essentially the same as 
        waste normally generated by households or was collected and 
        disposed of with other municipal solid waste as part of normal 
        municipal solid waste collection services, consisting of paper, 
        wood, yard waste, plastics, leather, rubber, and other 
        combustible materials and noncombustible materials such as 
        metal and glass, including residue remaining after recyclable 
materials have been separated from waste destined for disposal, and 
including waste material removed from a septic tank, septage pit, or 
cesspool (other than from portable toilets), except that the term does 
not include any of the following:
                    ``(A) Any waste identified or listed as a hazardous 
                waste under section 3001 of this Act or waste regulated 
                under the Toxic Substances Control Act.
                    ``(B) Any waste, including contaminated soil and 
                debris, resulting from--
                            ``(i) response or remedial action taken 
                        under the Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980,
                            ``(ii) any corrective action taken under 
                        this Act, or
                            ``(iii) any corrective action taken under 
                        any comparable State statute.
                    ``(C) Medical waste listed in section 11002 of this 
                Act.
                    ``(D) Industrial waste generated by manufacturing 
                or industrial processes, including waste generated 
                during scrap processing and scrap recycling.
                    ``(E) Recyclable materials.
                    ``(F) Sludge.
        Such term also includes construction and demolition debris.
            ``(7) Political subdivision.--The term `political 
        subdivision' means a city, town, borough, county, parish, 
        district, or public service authority or other public body 
        created by or pursuant to State law with authority to present 
        for sale an eligible bond or to exercise flow control 
        authority.
            ``(8) Recycle and recycling.--The terms `recycle' and 
        `recycling' mean--
                    ``(A) any process which produces any material 
                defined as `recycled' under section 1004; and
                    ``(B) any process by which materials are diverted, 
                separated from, or separately managed from materials 
                otherwise destined for disposal as solid waste, by 
                collecting, sorting, or processing for use as raw 
                materials or feedstocks in lieu of, or in addition to, 
                virgin materials, including petroleum, in the 
                manufacture of usable materials or products.
            ``(9) Recyclable materials.--The term `recyclable 
        materials' means any materials that have been separated from 
        waste otherwise destined for disposal (either at the source of 
        the waste or at processing facilities) or that have been 
        managed separately from waste destined for disposal, for the 
        purpose of recycling, reclamation, composting of organic 
        materials such as food and yard waste, or reuse (other than for 
        the purpose of incineration). Such term includes scrap tires to 
        be used in resource recovery.
            ``(10) Waste management facility.--The term `waste 
        management facility' means any facility for separating, 
        storing, transferring, treating, processing, combusting, or 
        disposing of municipal solid waste.''.
    (b) Table of Contents.--The table of contents for subtitle D of the 
Solid Waste Disposal Act is amended by adding the following new item 
after the item relating to section 4011:

``Sec. 4012. Congressional authorization of State and local government 
                            control over movement of municipal solid 
                            waste and recyclable materials.''.

                   TITLE III--GROUND WATER MONITORING

SEC. 301. GROUND WATER MONITORING.

    (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the 
Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended--
            (1) by striking ``Criteria.--Not later'' and inserting the 
        following: ``Criteria.--
            ``(1) In general.--Not later''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Additional revisions.--Subject to paragraph (2), the 
        requirements of the criteria described in paragraph (1) 
        relating to ground water monitoring shall not apply to an owner 
        or operator of a new municipal solid waste landfill unit, an 
        existing municipal solid waste landfill unit, or a lateral 
        expansion of a municipal solid waste landfill unit, that 
        disposes of less than 20 tons of municipal solid waste daily, 
        based on an annual average, if--
                    ``(A) there is no evidence of ground water 
                contamination from the municipal solid waste landfill 
                unit or expansion; and
                    ``(B) the municipal solid waste landfill unit or 
                expansion serves--
                            ``(i) a community that experiences an 
                        annual interruption of at least 3 consecutive 
                        months of surface transportation that prevents 
                        access to a regional waste management facility; 
                        or
                            ``(ii) a community that has no practicable 
                        waste management alternative and the landfill 
                        unit is located in an area that annually 
                        receives less than or equal to 25 inches of 
                        precipitation.
            ``(3) Protection of ground water resources.--
                    ``(A) Monitoring requirement.--A State may require 
                ground water monitoring of a solid waste landfill unit 
                that would otherwise be exempt under paragraph (2) if 
                necessary to protect ground water resources and ensure 
                compliance with a State ground water protection plan, 
                where applicable.
                    ``(B) Methods.--If a State requires ground water 
                monitoring of a solid waste landfill unit under 
                subparagraph (A), the State may allow the use of a 
                method other than the use of ground water monitoring 
                wells to detect a release of contamination from the 
                unit.
                    ``(C) Corrective action.--If a State finds a 
                release from a solid waste landfill unit, the State 
                shall require corrective action as appropriate.
            ``(4) Alaska native villages.--Upon certification by the 
        Governor of the State of Alaska that application of the 
        requirements of the criteria described in paragraph (1) to a 
        solid waste landfill unit of a Native village (as defined in 
        section 3 of the Alaska Native Claims Settlement Act (16 U.S.C. 
        1602)) or unit that is located in or near a small, remote 
        Alaska village would be infeasible, or would not be cost-
        effective, or is otherwise inappropriate because of the remote 
        location of the unit, the State may exempt the unit from some 
        or all of those requirements. This subsection shall apply only 
        to solid waste landfill units that dispose of less than 20 tons 
        of municipal solid waste daily, based on an annual average.
            ``(5) No-migration exemption.--
                    ``(A) In general.--Ground water monitoring 
                requirements may be suspended by the Director of an 
                approved State for a landfill operator if the operator 
                demonstrates that there is no potential for migration 
                of hazardous constituents from the unit to the 
                uppermost aquifer during the active life of the unit 
                and the post-closure care period.
                    ``(B) Certification.--A demonstration under 
                subparagraph (A) shall--
                            ``(i) be certified by a qualified ground-
                        water scientist and approved by the Director of 
                        an approved State.
                    ``(C) Guidance.--Not later than 6 months after the 
                date of enactment of this paragraph, the Administrator 
                shall issue a guidance document to facilitate small 
                community use of the no migration exemption under this 
                paragraph.
            ``(6) Further revisions of guidelines and criteria.--Not 
        later than April 9, 1997, the Administrator shall promulgate 
        revisions to the guidelines and criteria promulgated under this 
        subchapter to allow States to promulgate alternate design, 
        operating, landfill gas monitoring, financial assurance, and 
        closure requirements for landfills which receive 20 tons or 
        less of municipal solid waste per day based on an annual 
        average: Provided, That such alternate requirements are 
        sufficient to protect human health and the environment.''.
    (b) Reinstatement of Regulatory Exemption.--It is the intent of 
section 4010(c)(2) of the Solid Waste Disposal Act, as added by 
subsection (a), to immediately reinstate subpart E of part 258 of title 
40, Code of Federal Regulations, as added by the final rule published 
at 56 Federal Register 50798 on October 9, 1991.

             TITLE IV--STATE OR REGIONAL SOLID WASTE PLANS

SEC. 401. FINDING.

    Section 1002(a) of the Solid Waste Disposal Act (42 U.S.C. 6901(a)) 
is amended--
            (1) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (2) by adding at the end the following:
            ``(5) that the Nation's improved standard of living has 
        resulted in an increase in the amount of solid waste generated 
        per capita, and the Nation has not given adequate consideration 
        to solid waste reduction strategies.''.

SEC. 402. OBJECTIVE OF SOLID WASTE DISPOSAL ACT.

    Section 1003(a) of the Solid Waste Disposal Act (42 U.S.C. 6902(a)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (10);
            (2) by striking the period at the end of paragraph (11) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) promoting local and regional planning for--
                    ``(A) effective solid waste collection and 
                disposal; and
                    ``(B) reducing the amount of solid waste generated 
                per capita through the use of solid waste reduction 
                strategies.''.

SEC. 403. NATIONAL POLICY.

    Section 1003(b) of the Solid Waste Disposal Act (42 U.S.C. 6902(b)) 
is amended by inserting ``solid waste and'' after ``generation of''.

SEC. 404. OBJECTIVE OF SUBTITLE D OF SOLID WASTE DISPOSAL ACT.

    Section 4001 of the Solid Waste Disposal Act (42 U.S.C. 6941) is 
amended by inserting ``promote local and regional planning for 
effective solid waste collection and disposal and for reducing the 
amount of solid waste generated per capita through the use of solid 
waste reduction strategies, and'' after ``objectives of this subtitle 
are to''.

SEC. 405. DISCRETIONARY STATE PLAN PROVISIONS.

    Section 4003 of the Solid Waste Disposal Act (42 U.S.C. 6943) is 
amended by adding at the end the following:
    ``(e) Discretionary Plan Provisions Relating to Solid Waste 
Reduction Goals, Local and Regional Plans, and Issuance of Solid Waste 
Management Permits.--Except as provided in section 4011(a)(4), a State 
plan submitted under this subtitle may include, at the option of the 
State, provisions for--
            ``(1) establishment of a State per capita solid waste 
        reduction goal, consistent with the goals and objectives of 
        this subtitle; and
            ``(2) establishment of a program that ensures that local 
        and regional plans are consistent with State plans and are 
        developed in accordance with sections 4004, 4005, and 4006.''.

SEC. 406. PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF STATE PLANS.

    Section 4006(b) of the Solid Waste Disposal Act (42 U.S.C. 6946(b)) 
is amended by inserting ``and discretionary plan provisions'' after 
``minimum requirements''.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. BORDER STUDIES.

    (a) Definitions.--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.--
            (1) Study of solid waste management issues associated with 
        north american free trade agreement.--As soon as practicable 
        after the date of enactment of this Act, the Administrator is 
        authorized to conduct a study of solid waste management issues 
        associated with increased border use resulting from the 
        implementation of the North American Free Trade Agreement.
            (2) Study of solid waste management issues associated with 
        united states-canada free-trade agreement.--As soon as 
        practicable after the date of enactment of this Act, the 
        Administrator may conduct a similar study focused on border 
        traffic of solid waste resulting from the implementation of the 
        United States-Canada Free-Trade Agreement, with respect to the 
        border region between the United States and Canada.
    (c) Contents of Study.--A study conducted under this section shall 
provide for the following:
            (1) A study of 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 involved.
            (2) A study of the relative impact on border communities of 
        a regional siting of solid waste storage and disposal 
        facilities.
            (3) In the case of the study described in subsection 
        (b)(1), 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) In the case of the study described in subsection 
        (b)(1), 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 involved, including the adequacy 
        of training, equipment, and personnel.
            (6) An analysis of solid waste management practices in the 
        border region involved, including an examination of methods for 
        promoting source reduction, recycling, and other alternatives 
        to landfills.
    (d) Sources of Information.--In conducting a 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, in the case of the study described in subsection 
        (b)(1), census data prepared by the Government of Mexico.
            (2) In the case of the study described in subsection 
        (b)(1), information from the United States Customs Service of 
        the Department of the Treasury concerning solid waste 
        transported across the border between the United States and 
        Mexico, and the method of transportation of the waste.
            (3) In the case of the study described in subsection 
        (b)(1), information concerning the type and volume of materials 
        used in maquiladoras.
            (4)(A) Immigration data prepared by the Immigration and 
        Naturalization Service of the Department of Justice.
            (B) In the case of the study described in subsection 
        (b)(1), immigration data prepared by 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 involved 
        where solid waste is treated, stored, or disposed of.
            (7) In the case of the study described in subsection 
        (b)(1), 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) With respect to reviewing the study described in 
        subsection (b)(1), States and political subdivisions of States 
        (including municipalities and counties) in the region of the 
        border between the United States and Mexico.
            (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 with respect 
        to reviewing the study described in subsection (b)(1), 
        equivalent officials of the Government of Mexico.
    (f) Reports to Congress.--On completion of the studies under this 
section, the Administrator shall, not later than 2 years after the date 
of enactment of this Act, submit to the appropriate committees of 
Congress reports that summarize the findings of the studies and propose 
methods by which solid waste border traffic may be tracked, from source 
to destination, on an annual basis.
    (g) Border Study Delay.--The conduct of the study described in 
subsection (b)(2) shall not delay or otherwise affect completion of the 
study described in subsection (b)(1).
    (h) Funding.--If any funding needed to conduct the studies required 
by this section is not otherwise available, the President may transfer 
to the Administrator, for use in conducting the studies, any funds that 
have been appropriated to the President under section 533 of the North 
American Free Trade Agreement Implementation Act (19 U.S.C. 3473) that 
are in excess of the amount needed to carry out that section. States 
that wish to participate in study will be asked to contribute to the 
costs of the study. The terms of the cost share shall be negotiated 
between the Environmental Protection Agency and the State.

SEC. 502. STUDY OF INTERSTATE HAZARDOUS WASTE TRANSPORT.

    (a) Definition of Hazardous Waste.--In this section, the term 
``hazardous waste'' has the meaning provided in section 1004 of the 
Solid Waste Disposal Act (42 U.S.C. 6903).
    (b) Study.--Not later than 3 years after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall conduct a study, and report to Congress on the results of the 
study, to determine--
            (1) the quantity of hazardous waste that is being 
        transported across State lines; and
            (2) the ultimate disposition of the transported waste.

SEC. 503. STUDY OF INTERSTATE SLUDGE TRANSPORT.

    (a) Definitions.--In this section:
            (1) Sewage sludge.--The term ``sewage sludge''--
                    (A) means solid, semisolid, or liquid residue 
                generated during the treatment of domestic sewage in a 
                treatment works; and
                    (B) includes--
                            (i) domestic septage;
                            (ii) scum or a solid removed in a primary, 
                        secondary, or advanced wastewater treatment 
                        process; and
                            (iii) material derived from sewage sludge 
                        (as otherwise defined in this paragraph); but
                    (C) does not include--
                            (i) ash generated during the firing of 
                        sewage sludge (as otherwise defined in this 
                        paragraph) in a sewage sludge incinerator; or
                            (ii) grit or screenings generated during 
                        preliminary treatment of domestic sewage in a 
                        treatment works.
            (2) Sludge.--The term ``sludge'' has the meaning provided 
        in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 
        6903).
    (b) Study.--Not later than 3 years after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall conduct a study, and report to Congress on the results of the 
study, to determine--
            (1) the quantity of sludge (including sewage sludge) that 
        is being transported across State lines; and
            (2) the ultimate disposition of the transported sludge.
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