[Congressional Record Volume 142, Number 112 (Friday, July 26, 1996)]
[Senate]
[Pages S8994-S9000]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

       THE ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1997

                                 ______
                                 

                 COATS (AND OTHERS) AMENDMENT NO. 5092

  Mr. COATS (for himself, Mr. Levin, Mr.  Specter, Mr. Baucus, Mr. 
McConnell, and Mr. Robb) proposed an amendment to the bill (S. 1959) 
making appropriations for energy and water development for the fiscal 
year ending September 30, 1997, and for other purposes; as follows:

       At the end of the bill, add the following:

     SEC. ____. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID 
                   WASTE.

       (a) Interstate Waste.--
       (1) 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 at the end 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 1996, 95 percent of the amount 
     exported to the State in calendar year 1993.
       ``(ii) In calendar years 1997 through 2002, 95 percent of 
     the amount exported to the State in the previous year.
       ``(iii) In calendar year 2003, 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 1996, 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 1997, the greater of 1,300,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1996.
       ``(III) In calendar year 1998, the greater of 1,200,000 
     tons or 90 percent of the amount exported to the State in 
     calendar year 1997.
       ``(IV) In calendar year 1999, the greater of 1,100,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1998.
       ``(V) In calendar year 2000, 1,000,000 tons.
       ``(VI) In calendar year 2001, 750,000 tons.
       ``(VII) In calendar year 2002 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

[[Page S8995]]

     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

[[Page S8996]]

     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 at the end of the items relating 
     to subtitle D the following new item:

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

       (2) Needs determination.--The Governor of a State may 
     accept, deny or modify an application for a municipal solid 
     waste management facility permit if--
       (A) it is done in a manner that is not inconsistent with 
     the provisions of this section;
       (B) 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
       (C) the permit applicant fails to demonstrate that there is 
     a local or regional need within the State for the facility.
       (b) Flow Control.--
       (1) State and local government control of movement of 
     municipal solid waste and recyclable material.--Subtitle D of 
     the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.), as 
     amended by subsection (a)(1)(A), is amended by adding after 
     section 4011 the following new section:

     ``SEC. 4012. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT 
                   OF MUNICIPAL SOLID WASTE AND RECYCLABLE 
                   MATERIAL.

       ``(a) Definitions.--In this section:
       ``(1) Designate; designation.--The terms `designate' and 
     `designation' refer to an authorization by a State, political 
     subdivision, or public service authority, and the act of a 
     State, political subdivision, or public service authority in 
     requiring or contractually committing, that all or any 
     portion of the municipal solid waste or recyclable material 
     that is generated within the boundaries of the State, 
     political subdivision, or public service authority be 
     delivered to waste management facilities or facilities for 
     recyclable material or a public service authority identified 
     by the State, political subdivision, or public service 
     authority.
       ``(2) Flow control authority.--The term `flow control 
     authority' means the authority to control the movement of 
     municipal solid waste or voluntarily relinquished recyclable 
     material and direct such solid waste or voluntarily 
     relinquished recyclable material to a designated waste 
     management facility or facility for recyclable material.
       ``(3) Municipal solid waste.--The term `municipal solid 
     waste' means--
       ``(A) solid waste generated by the general public or from a 
     residential, commercial, institutional, or industrial source, 
     consisting of paper, wood, yard waste, plastics, leather, 
     rubber, and other combustible material and noncombustible 
     material such as metal and glass, including residue remaining 
     after recyclable material has 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); but
       ``(B) does not include--
       ``(i) waste identified or listed as a hazardous waste under 
     section 3001 of this Act or waste regulated under the Toxic 
     Substances Control Act (15 U.S.C. 2601 et seq.);
       ``(ii) 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, 
     9606) or any corrective action taken under this Act;
       ``(iii) medical waste listed in section 11002;
       ``(iv) industrial waste generated by manufacturing or 
     industrial processes, including waste generated during scrap 
     processing and scrap recycling;
       ``(v) recyclable material; or
       ``(vi) sludge.
       ``(4) Public service authority.--The term `public service 
     authority' means--
       ``(A) an authority or authorities created pursuant to State 
     legislation to provide individually or in combination solid 
     waste management services to political subdivisions;
       ``(B) other body created pursuant to State law; or
       ``(C) an authority that was issued a certificate of 
     incorporation by a State corporation commission established 
     by a State constitution.
       ``(5) Put or pay agreement.--(A) The term `put or pay 
     agreement' means an agreement that obligates or otherwise 
     requires a State or political subdivision to--
       ``(i) deliver a minimum quantity of municipal solid waste 
     to a waste management facility; and
       ``(ii) pay for that minimum quantity of municipal solid 
     waste even if the stated minimum quantity of municipal solid 
     waste is not delivered within a required period of time.
       ``(B) For purposes of the authority conferred by 
     subsections (b) and (c), the term `legally binding provision 
     of the State or political subdivision' includes a put or pay 
     agreement that designates waste to a waste management 
     facility that was in operation on or before December 31, 1988 
     and that requires an aggregate tonnage to be delivered to the 
     facility during each operating year by the political 
     subdivisions which have entered put or pay agreements 
     designating that waste management facility.

[[Page S8997]]

       ``(C) The entering into of a put or pay agreement shall be 
     considered to be a designation (as defined in subsection 
     (a)(1)) for all purposes of this title.
       ``(6) Recyclable material.--The term `recyclable material' 
     means material that has been separated from waste otherwise 
     destined for disposal (at the source of the waste or at a 
     processing facility) or has been managed separately from 
     waste destined for disposal, for the purpose of recycling, 
     reclamation, composting of organic material such as food and 
     yard waste, or reuse (other than for the purpose of 
     incineration).
       ``(7) Waste management facility.--The term `waste 
     management facility' means a facility that collects, 
     separates, stores, transports, transfers, treats, processes, 
     combusts, or disposes of municipal solid waste.
       ``(b) Authority.--
       ``(1) In general.--Each State, political subdivision of a 
     State, and public service authority may exercise flow control 
     authority for municipal solid waste and for recyclable 
     material voluntarily relinquished by the owner or generator 
     of the material that is generated within its jurisdiction by 
     directing the municipal solid waste or recyclable material to 
     a waste management facility or facility for recyclable 
     material, if such flow control authority--
       ``(A)(i) had been exercised prior to May 15, 1994, and was 
     being implemented on May 15, 1994, pursuant to a law, 
     ordinance, regulation, or other legally binding provision of 
     the State or political subdivision; or
       ``(ii) had been exercised prior to May 15, 1994, but 
     implementation of such law, ordinance, regulation, or other 
     legally binding provision of the State or political 
     subdivision was prevented by an injunction, temporary 
     restraining order, or other court action, or was suspended by 
     the voluntary decision of the State or political subdivision 
     because of the existence of such court action;
       ``(B) has been implemented by designating before May 15, 
     1994, the particular waste management facilities or public 
     service authority to which the municipal solid waste or 
     recyclable material is to be delivered, which facilities were 
     in operation as of May 15, 1994, or were in operation prior 
     to May 15, 1994 and were temporarily inoperative on May 15, 
     1994.
       ``(2) Limitation.--The authority of this section extends 
     only to the specific classes or categories of municipal solid 
     waste to which flow control authority requiring a movement to 
     a waste management facility was actually applied on or before 
     May 15, 1994 (or, in the case of a State, political 
     subdivision, or public service authority that qualifies under 
     subsection (c), to the specific classes or categories of 
     municipal solid waste for which the State, political 
     subdivision, or public service authority prior to May 15, 
     1994, had committed to the designation of a waste management 
     facility).
       ``(3) Lack of clear identification.--With regard to 
     facilities granted flow control authority under subsection 
     (c), if the specific classes or categories of municipal solid 
     waste are not clearly identified, the authority of this 
     section shall apply only to municipal solid waste generated 
     by households.
       ``(4) Duration of authority.--With respect to each 
     designated waste management facility, the authority of this 
     section shall be effective until the later of--
       ``(A) the end of the remaining life of a contract between 
     the State, political subdivision, or public service authority 
     and any other person regarding the movement or delivery of 
     municipal solid waste or voluntarily relinquished recyclable 
     material to a designated facility (as in effect May 15, 
     1994);
       ``(B) completion of the schedule for payment of the capital 
     costs of the facility concerned (as in effect May 15, 1994); 
     or
       ``(C) the end of the remaining useful life of the facility 
     (as in existence on the date of enactment of this section), 
     as that remaining life may be extended by--
       ``(i) retrofitting of equipment or the making of other 
     significant modifications to meet applicable environmental 
     requirements or safety requirements;
       ``(ii) routine repair or scheduled replacement of equipment 
     or components that does not add to the capacity of a waste 
     management facility; or
       ``(iii) expansion of the facility on land that is--

       ``(I) legally or equitably owned, or under option to 
     purchase or lease, by the owner or operator of the facility; 
     and

       ``(II) covered by the permit for the facility (as in effect 
     May 15, 1994).

       ``(5) Additional authority.--
       ``(A) Application of paragraph.--This paragraph applies to 
     a State or political subdivision of a State that, on or 
     before January 1, 1984--
       ``(i) adopted regulations under State law that required the 
     transportation to, and management or disposal at, waste 
     management facilities in the State, of--

       ``(I) all solid waste from residential, commercial, 
     institutional, or industrial sources (as defined under State 
     law); and
       ``(II) recyclable material voluntarily relinquished by the 
     owner or generator of the recyclable material; and

       ``(ii) as of January 1, 1984, had implemented those 
     regulations in the case of every political subdivision of the 
     State.
       ``(B) Authority.--Notwithstanding anything to the contrary 
     in this section (including subsection (m)), a State or 
     political subdivision of a State described in subparagraph 
     (A) may continue to exercise flow control authority 
     (including designation of waste management facilities in the 
     State that meet the requirements of subsection (c)) for all 
     classes and categories of solid waste that were subject to 
     flow control on January 1, 1984.
       ``(6) Flow control ordinance.--Notwithstanding anything to 
     the contrary in this section, but subject to subsection (m), 
     any political subdivision which adopted a flow control 
     ordinance in November 1991, and designated facilities to 
     receive municipal solid waste prior to April 1, 1992, may 
     exercise flow control authority until the end of the 
     remaining life of all contracts between the political 
     subdivision and any other persons regarding the movement or 
     delivery of municipal solid waste or voluntarily relinquished 
     recyclable material to a designated facility (as in effect 
     May 15, 1994). Such authority shall extend only to the 
     specific classes or categories of municipal solid waste to 
     which flow control authority was actually applied on or 
     before May 15, 1994. The authority under this subsection 
     shall be exercised in accordance with section 4012(b)(4).
       ``(c) Commitment to Construction.--
       ``(1) In general.--Notwithstanding subsection (b)(1) (A) 
     and (B), any political subdivision of a State may exercise 
     flow control authority under subsection (b), if--
       ``(A)(i) the law, ordinance, regulation, or other legally 
     binding provision specifically provides for flow control 
     authority for municipal solid waste generated within its 
     boundaries; and
       ``(ii) such authority was exercised prior to May 15, 1995, 
     and was being implemented on May 15, 1994.
       ``(B) prior to May 15, 1994, the political subdivision 
     committed to the designation of the particular waste 
     management facilities or public service authority to which 
     municipal solid waste is to be transported or at which 
     municipal solid waste is to be disposed of under that law, 
     ordinance, regulation, plan, or legally binding provision.
       ``(2) Factors demonstrating commitment.--A commitment to 
     the designation of waste management facilities or public 
     service authority is demonstrated by 1 or more of the 
     following factors:
       ``(A) Construction permits.--All permits required for the 
     substantial construction of the facility were obtained prior 
     to May 15, 1994.
       ``(B) Contracts.--All contracts for the substantial 
     construction of the facility were in effect prior to May 15, 
     1994.
       ``(C) Revenue bonds.--Prior to May 15, 1994, revenue bonds 
     were presented for sale to specifically provide revenue for 
     the construction of the facility.
       ``(D) Construction and operating permits.--The State or 
     political subdivision submitted to the appropriate regulatory 
     agency or agencies, on or before May 15, 1994, substantially 
     complete permit applications for the construction and 
     operation of the facility.
       ``(d) Formation of Solid Waste Management District To 
     Purchase and Operate Existing Facility.--Notwithstanding 
     subsection (b)(1) (A) and (B), a solid waste management 
     district that was formed by a number of political 
     subdivisions for the purpose of purchasing and operating a 
     facility owned by 1 of the political subdivisions may 
     exercise flow control authority under subsection (b) if--
       ``(1) the facility was fully licensed and in operation 
     prior to May 15, 1994;
       ``(2) prior to April 1, 1994, substantial negotiations and 
     preparation of documents for the formation of the district 
     and purchase of the facility were completed;
       ``(3) prior to May 15, 1994, at least 80 percent of the 
     political subdivisions that were to participate in the solid 
     waste management district had adopted ordinances committing 
     the political subdivisions to participation and the remaining 
     political subdivisions adopted such ordinances within 2 
     months after that date; and
       ``(4) the financing was completed, the acquisition was 
     made, and the facility was placed under operation by the 
     solid waste management district by September 21, 1994.
       ``(e) Constructed and Operated.--A political subdivision of 
     a State may exercise flow control authority for municipal 
     solid waste and for recyclable material voluntarily 
     relinquished by the owner or generator of the material that 
     is generated within its jurisdiction if--
       ``(1) prior to May 15, 1994, the political subdivision--
       ``(A) contracted with a public service authority or with 
     its operator to deliver or cause to be delivered to the 
     public service authority substantially all of the disposable 
     municipal solid waste that is generated or collected by or is 
     within or under the control of the political subdivision, in 
     order to support revenue bonds issued by and in the name of 
     the public service authority or on its behalf by a State 
     entity for waste management facilities; or
       ``(B) entered into contracts with a public service 
     authority or its operator to deliver or cause to be delivered 
     to the public service authority substantially all of the 
     disposable municipal solid waste that is generated or 
     collected by or within the control of the political 
     subdivision, which imposed flow control pursuant to a law, 
     ordinance, regulation, or other legally binding provision and 
     where outstanding revenue bonds were issued in the name of 
     public service authorities for waste management facilities; 
     and

[[Page S8998]]

       ``(2) prior to May 15, 1994, the public service authority--
       ``(A) issued the revenue bonds or had issued on its behalf 
     by a State entity for the construction of municipal solid 
     waste facilities to which the political subdivision's 
     municipal solid waste is transferred or disposed; and
       ``(B) commenced operation of the facilities.
     The authority under this subsection shall be exercised in 
     accordance with section 4012(b)(4).
       ``(f) State-Mandated Disposal Services.--A political 
     subdivision of a State may exercise flow control authority 
     for municipal solid waste and for recyclable material 
     voluntarily relinquished by the owner or generator of the 
     material that is generated within its jurisdiction if, prior 
     to May 15, 1994, the political subdivision--
       ``(1) was responsible under State law for providing for the 
     operation of solid waste facilities to serve the disposal 
     needs of all incorporated and unincorporated areas of the 
     county;
       ``(2) is required to initiate a recyclable materials 
     recycling program in order to meet a municipal solid waste 
     reduction goal of at least 30 percent;
       ``(3) has been authorized by State statute to exercise flow 
     control authority and had implemented the authority through 
     the adoption or execution of a law, ordinance, regulation, 
     contract, or other legally binding provision;
       ``(4) had incurred, or caused a public service authority to 
     incur, significant financial expenditures to comply with 
     State law and to repay outstanding bonds that were issued 
     specifically for the construction of solid waste management 
     facilities to which the political subdivision's waste is to 
     be delivered; and
       ``(5) the authority under this subsection shall be 
     exercised in accordance with section 4012(b)(4).
       ``(g) State Solid Waste District Authority.--A solid waste 
     district or a political subdivision of a State may exercise 
     flow control authority for municipal solid waste and for 
     recyclable material voluntarily relinquished by the owner or 
     generator of the material that is generated within its 
     jurisdiction if--
       ``(1) the solid waste district, political subdivision or 
     municipality within said district is currently required to 
     initiate a recyclable materials recycling program in order to 
     meet a municipal solid waste reduction goal of at least 30 
     percent by the year 2005, and uses revenues generated by the 
     exercise of flow control authority strictly to implement 
     programs to manage municipal solid waste, other than 
     development of incineration; and
       ``(2) prior to May 15, 1994, the solid waste district, 
     political subdivision or municipality within said district--
       ``(A) was responsible under State law for the management 
     and regulation of the storage, collection, processing, and 
     disposal of solid wastes within its jurisdiction;
       ``(B) was authorized by State statute (enacted prior to 
     January 1, 1992) to exercise flow control authority, and 
     subsequently adopted or sought to exercise the authority 
     through a law, ordinance, regulation, regulatory proceeding, 
     contract, franchise, or other legally binding provision; and
       ``(C) was required by State statute (enacted prior to 
     January 1, 1992) to develop and implement a solid waste 
     management plan consistent with the State solid waste 
     management plan, and the district solid waste management plan 
     was approved by the appropriate State agency prior to 
     September 15, 1994.
       ``(h) State-Authorized Services and Local Plan Adoption.--A 
     political subdivision of a State may exercise flow control 
     authority for municipal solid waste and for recyclable 
     material voluntarily relinquished by the owner or generator 
     of the material that is generated within its jurisdiction if, 
     prior to May 15, 1994, the political subdivision--
       ``(1) had been authorized by State statute which 
     specifically named the political subdivision to exercise flow 
     control authority and had implemented the authority through a 
     law, ordinance, regulation, contract, or other legally 
     binding provision; and
       ``(2) had adopted a local solid waste management plan 
     pursuant to State statute and was required by State statute 
     to adopt such plan in order to submit a complete permit 
     application to construct a new solid waste management 
     facility proposed in such plan; and
       ``(3) had presented for sale a revenue or general 
     obligation bond to provide for the site selection, 
     permitting, or acquisition for construction of new facilities 
     identified and proposed in its local solid waste management 
     plan; and
       ``(4) includes a municipality or municipalities required by 
     State law to adopt a local law or ordinance to require that 
     solid waste which has been left for collection shall be 
     separated into recyclable, reusable or other components for 
     which economic markets exist; and
       ``(5) is in a State that has aggressively pursued closure 
     of substandard municipal landfills, both by regulatory action 
     and under statute designed to protect deep flow recharge 
     areas in counties where potable water supplies are derived 
     from sole source aquifers.
       ``(i) Retained Authority.--
       ``(1) Request.--On the request of a generator of municipal 
     solid waste affected by this section, a State or political 
     subdivision may authorize the diversion of all or a portion 
     of the solid waste generated by the generator making the 
     request to an alternative solid waste treatment or disposal 
     facility, if the purpose of the request is to provide a 
     higher level of protection for human health and the 
     environment or reduce potential future liability of the 
     generator under Federal or State law for the management of 
     such waste, unless the State or political subdivision 
     determines that the facility to which the municipal solid 
     waste is proposed to be diverted does not provide a higher 
     level of protection for human health and the environment or 
     does not reduce the potential future liability of the 
     generator under Federal or State law for the management of 
     such waste.
       ``(2) Contents.--A request under paragraph (1) shall 
     include information on the environmental suitability of the 
     proposed alternative treatment or disposal facility and 
     method, compared to that of the designated facility and 
     method.
       ``(j) Limitations on Revenue.--A State or political 
     subdivision may exercise flow control authority under 
     subsection (b), (c), (d), or (e) only if the State or 
     political subdivision certifies that the use of any of its 
     revenues derived from the exercise of that authority will be 
     used for solid waste management services or related landfill 
     reclamation.
       ``(k) Reasonable Regulation of Commerce.--A law, ordinance, 
     regulation, or other legally binding provision or official 
     act of a State or political subdivision, as described in 
     subsection (b), (c), (d), or (e), that implements flow 
     control authority in compliance with this section shall be 
     considered to be a reasonable regulation of commerce 
     retroactive to its date of enactment or effective date and 
     shall not be considered to be an undue burden on or otherwise 
     considered as impairing, restraining, or discriminating 
     against interstate commerce.
       ``(l) Effect on Existing Laws and Contracts.--
       ``(1) Environmental laws.--Nothing in this section shall be 
     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 material.
       ``(2) State law.--Nothing in this section shall be 
     construed to authorize a political subdivision of a State to 
     exercise the flow control authority granted by this section 
     in a manner that is inconsistent with State law.
       ``(3) Ownership of recyclable material.--Nothing in this 
     section--
       ``(A) authorizes a State or political subdivision of a 
     State to require a generator or owner of recyclable material 
     to transfer recyclable material to the State or political 
     subdivision; or
       ``(B) prohibits a generator or owner of recyclable material 
     from selling, purchasing, accepting, conveying, or 
     transporting recyclable material for the purpose of 
     transformation or remanufacture into usable or marketable 
     material, unless the generator or owner voluntarily made the 
     recyclable material available to the State or political 
     subdivision and relinquished any right to, or ownership of, 
     the recyclable material.
       ``(m) Repeal.--(1) Notwithstanding any provision of this 
     title, authority to flow control by directing municipal solid 
     waste or recyclable materials to a waste management facility 
     shall terminate on the date that is 30 years after the date 
     of enactment of this Act.
       ``(2) This section and the item relating to this section in 
     the table of contents for subtitle D of the Solid Waste 
     Disposal Act are repealed effective as of the date that is 30 
     years after the date of enactment of this Act.
       ``(n) Title Not Applicable To Listed Facilities.--
     Notwithstanding any other provision of this title, the 
     authority to exercise flow control shall not apply to any 
     facility that--
       ``(1) on the date of enactment of this Act, is listed on 
     the National Priorities List under the Comprehensive 
     Environmental, Response, Compensation and Liability Act (42 
     U.S.C. 9601 et seq.); or
       ``(2) as of May 15, 1994, was the subject of a pending 
     proposal by the Administrator of the Environmental Protection 
     Agency to be listed on the National Priorities List.''.
       (2) Table of contents amendment.--The table of contents for 
     subtitle D in section 1001 of the Solid Waste Disposal Act 
     (42 U.S.C. prec. 6901), as amended by subsection (a)(1)(B), 
     is amended by adding after the item relating to section 4011 
     the following new item:

``Sec. 4012. State and local government control of movement of 
              municipal solid waste and recyclable material.''.

       (c) Ground Water Monitoring.--
       (1) Amendment of solid waste disposal act.--Section 4010(c) 
     of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is 
     amended--
       (A) by striking ``Criteria.--Not later'' and inserting the 
     following: ``Criteria.--
       ``(1) In general.--Not later''; and
       (B) 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

[[Page S8999]]

     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.''.
       (2) Reinstatement of regulatory exemption.--It is the 
     intent of section 4010(c)(2) of the Solid Waste Disposal Act, 
     as added by paragraph (1), 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.
       (d) State or Regional Solid Waste Plans.--
       (1) Finding.--Section 1002(a) of the Solid Waste Disposal 
     Act (42 U.S.C. 6901(a)) is amended--
       (A) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (B) 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.''.
       (2) Objective of solid waste disposal act.--Section 1003(a) 
     of the Solid Waste Disposal Act (42 U.S.C. 6902(a)) is 
     amended--
       (A) by striking ``and'' at the end of paragraph (10);
       (B) by striking the period at the end of paragraph (11) and 
     inserting ``; and''; and
       (C) 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.''.
       (3) 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''.
       (4) 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''.
       (5) 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.''.
       (6) 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''.
       (e) General Provisions.--
       (1) Border studies.--
       (A) Definitions.--In this paragraph:
       (i) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (ii) Maquiladora.--The term ``maquiladora'' means an 
     industry located in Mexico along the border between the 
     United States and Mexico.
       (iii) 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.--
       (i) 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.
       (ii) 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 
     paragraph shall provide for the following:
       (i) 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.
       (ii) A study of the relative impact on border communities 
     of a regional siting of solid waste storage and disposal 
     facilities.
       (iii) In the case of the study described in subparagraph 
     (B)(i), research concerning methods of tracking of the 
     transportation of--

       (I) materials from the United States to maquiladoras; and
       (II) waste from maquiladoras to a final destination.

       (iv) In the case of the study described in subparagraph 
     (B)(i), 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.
       (v) A review of the adequacy of existing emergency response 
     networks in the border region involved, including the 
     adequacy of training, equipment, and personnel.
       (vi) 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 paragraph, the Administrator shall, to the extent 
     allowable by law, solicit, collect, and use the following 
     information:
       (i) 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 
     subparagraph (B)(i), census data prepared by the Government 
     of Mexico.
       (ii) In the case of the study described in subparagraph 
     (B)(i), 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.
       (iii) In the case of the study described in subparagraph 
     (B)(i), information concerning the type and volume of 
     materials used in maquiladoras.
       (iv)(I) Immigration data prepared by the Immigration and 
     Naturalization Service of the Department of Justice.

[[Page S9000]]

       (II) In the case of the study described in subparagraph 
     (B)(i), immigration data prepared by the Government of 
     Mexico.
       (v) 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.
       (vi) A listing of each site in the border region involved 
     where solid waste is treated, stored, or disposed of.
       (vii) In the case of the study described in subparagraph 
     (B)(i), 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 
     paragraph, the Administrator shall consult with the following 
     entities in reviewing study activities:
       (i) With respect to reviewing the study described in 
     subparagraph (B)(i), States and political subdivisions of 
     States (including municipalities and counties) in the region 
     of the border between the United States and Mexico.
       (ii) 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 subparagraph 
     (B)(i), equivalent officials of the Government of Mexico.
       (F) Reports to congress.--On completion of the studies 
     under this paragraph, 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 subparagraph (B)(ii) shall not delay or otherwise affect 
     completion of the study described in subparagraph (B)(i).
       (H) Funding.--If any funding needed to conduct the studies 
     required by this paragraph 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.''.
       (2) Study of interstate hazardous waste transport.--
       (A) Definition of hazardous waste.--In this paragraph, 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--
       (i) the quantity of hazardous waste that is being 
     transported across state lines; and
       (ii) the ultimate disposition of the transported waste.
       (3) Study of interstate sludge transport.--
       (A) Definitions.--In this paragraph:
       (i) Sewage sludge.--The term ``sewage sludge''--

       (I) means solid, semisolid, or liquid residue generated 
     during the treatment of domestic sewage in a treatment works; 
     and
       (II) 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 clause); but

       (III) does not include--

       (i) ash generated during the firing of sewage sludge (as 
     otherwise defined in this clause) in a sewage sludge 
     incinerator; or
       (ii) grit or screenings generated during preliminary 
     treatment of domestic sewage in a treatment works.
       (ii) 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--
       (i) the quantity of sludge (including sewage sludge) that 
     is being transported across state lines; and
       (ii) the ultimate disposition of the transported sludge.
                                 ______
                                 

                       GORTON AMENDMENT NO. 5093

  Mr. GORTON proposed an amendment to the bill, S. 1959, supra; as 
follows:

       On page 36, line 4, strike all of section 504, and insert 
     the following:
       Sec. 504. Following section 4(g)(3) of the Northwest Power 
     Planning and Conservation Act, insert the following new 
     section:
       (4)(g)(4) Independent scientific review panel.--(i) The 
     Northwest Power Planning Council (Council) shall appoint an 
     Independent Scientific Review Panel (Panel), which shall be 
     comprised of eleven members, to review projects proposed to 
     be funded through that portion of the Bonneville Power 
     Administration's (BPA) annual fish and wildlife budget that 
     implements the Council's annual fish and wildlife program. 
     Members shall be appointed from a list submitted by the 
     National Academy of Sciences, provided that Pacific Northwest 
     scientists with expertise in Columbia River anadromous and 
     non-anadromous fish and wildlife and ocean experts shall be 
     among those represented on the Panel.
       (ii) Scientific peer review groups.--The Council shall 
     establish Scientific Peer Review Groups (Peer Review Groups), 
     which shall be comprised of the appropriate number of 
     scientists, from a list submitted by the National Academy of 
     Sciences to assist the Panel in making its recommendations to 
     the Council for projects to be funded through BPA's annual 
     fish and wildlife budget, provided that Pacific Northwest 
     scientists with expertise in Columbia River anadromous and 
     non-anadromous fish and wildlife and ocean experts shall be 
     among those represented on the Peer Review Groups.
       (iii) Conflict of interest and compensation.--Panel and 
     Peer Review Group members may be compensated and shall be 
     considered as special government employees subject to 45 CFR 
     684.10 through 684.22.
       (iv) Project criteria and review.--The Peer Review Groups, 
     in conjunction with the Panel, shall review projects proposed 
     to be funded through BPA's annual fish and wildlife budget 
     and make recommendations on matters related to such projects 
     to the Council. Project recommendations shall be based on a 
     determination that projects: are based on sound science 
     principles; benefit fish and wildlife; and have a clearly 
     defined objective and outcome with provisions for monitoring 
     and evaluation of results. The Panel, with assistance from 
     the Peer Review Groups, shall review, on an annual basis, the 
     results of prior year expenditures based upon these criteria 
     and submit its findings to the Council for its review.
       (v) Public review.--Upon completion of the review of 
     projects to be funded through BPA's annual fish and wildlife 
     budget, the Peer Review Groups shall submit their findings to 
     the Panel. The Panel shall analyze the information submitted 
     by the Peer Review Groups and submit recommendations on 
     project priorities to the Council. The Council shall make the 
     Panel's findings available to the public and subject to 
     public comment.
       (vi) Responsibilities of the council.--The Council shall 
     fully consider the recommendations of the Panel when making 
     final recommendations of projects to be funded through BPA's 
     annual fish and wildlife budget, and if the Council does not 
     incorporate a recommendation of the Panel, the Council shall 
     explain in writing its reasons for not accepting Panel 
     recommendations. In making its recommendations to BPA, the 
     Council shall: consider the impact of ocean conditions on 
     fish and wildlife populations; and shall determine whether 
     the projects employ cost effective measures to achieve 
     project objectives. The Council, after consideration of the 
     recommendations of the Panel and other appropriate entities 
     shall be responsible for making the final recommendations of 
     projects to be funded through BPA's annual fish and wildlife 
     budget.
       (vii) Cost limitation.--The cost of this provision shall 
     not exceed $2 million in 1997 dollars.
       (viii) Expiration.--This paragraph shall expire on 
     September 30, 2000.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 5094

  Mr. McCAIN proposed an amendment to the bill, S. 1959, supra; as 
follows:

       On page 36, line 1, strike all after the word ``this'' 
     through line 3 and insert in lieu thereof the following: 
     ``Act.''
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 5095

  Mr. McCAIN (for himself, Mr. Feingold, Mr. Gregg, Mr. Kerry, and Mr. 
Bumpers) proposed an amendment to the bill, S. 1959, supra; as follows:

       At the end of the bill, add the following:

     SEC.   . ADVANCED LIGHT WATER REACTOR PROGRAM.

       None of the funds appropriated or otherwise made available 
     by this Act may be used to carry out the advanced light water 
     reactor program established under subtitle C of title XXI of 
     the Energy Policy Act of 1992 (42 U.S.C. 13491 et seq.) or to 
     pay any costs incurred in terminating the program.

                          ____________________