text: SECTION 1. SHORT TITLE; PURPOSE.
  
      (a) Short Title.--This Act may be cited as the ``Local Government 
  Landfill Compliance Deadline Act''.
      (b) Purpose.--The purpose of this Act is to strengthen the ability 
  of county and city officials to fulfill the goals established for 
  municipal solid waste landfills by allowing adequate time for wise, 
  environmentally sound, and fiscally responsible decisionmaking by the 
  officials in a manner consistent with the obligations of the officials 
  to the citizens they serve.
  
  SEC. 2. TEMPORARY EXEMPTION OF CERTAIN LANDFILLS FROM MEETING REVISED 
                CRITERIA.
  
      (a) Temporary Exemption.--
              (1) In general.--Except as provided in paragraph (2), 
          during the 1-year period beginning on October 9, 1993, each 
          municipal solid waste landfill that--
                      (A) is in existence on October 8, 1993; and
                      (B) meets the requirements of the criteria 
                  contained in regulations issued pursuant to sections 
                  4004(a) and 4010(c) of the Solid Waste Disposal Act (42 
                  U.S.C. 6944(a) and 6949a(c), respectively) as in effect 
                  on January 1, 1993,
          shall not be required to meet any revised criteria that take 
          effect after the date specified in subparagraph (B).
              (2) Exceptions.--
                      (A) In general.--If the Administrator of the 
                  Environmental Protection Agency (referred to in this 
                  section as the `Administrator'), or the appropriate 
                  official of a State with a plan approved by the 
                  Administrator pursuant to title IV of the Solid Waste 
                  Disposal Act (42 U.S.C. 6941 et seq.) (referred to in 
                  this section as an ``appropriate State official''), 
                  determines that the owner or operator of a municipal 
                  solid waste landfill did not make a good faith effort 
                  before October 9, 1993, to comply with any revised 
                  criteria that took effect after the date specified in 
                  paragraph (1)(B), the exemption described in paragraph 
                  (1) shall not apply to the landfill.
                      (B) Temporary extension of exemption.--The owner or 
                  operator of a municipal solid waste landfill that is 
                  the subject of an exemption under paragraph (1) may 
                  submit an application to the Administrator or an 
                  appropriate State official (in the case of a State 
                  referred to in subparagraph (A)) for a 180-day 
                  extension of the exemption. The Administrator (or the 
                  appropriate State official) shall grant the extension 
                  if the Administrator (or the appropriate State 
                  official) determines that the owner or operator cannot 
                  achieve compliance with the revised criteria referred 
                  to in such paragraph by the end of the 1-year period 
                  specified in such paragraph because of 1 or more 
                  factors beyond the control of the owner or operator, 
                  including--
                              (i) litigation;
                              (ii) adverse weather conditions that slow 
                          or bring to a temporary halt the construction 
                          of a landfill;
                              (iii) a breakdown in negotiations for the 
                          construction or use of a regional landfill that 
                          requires any local government participating in 
                          the negotiations to pursue other arrangements 
                          for waste disposal; or
                              (iv) any delay in siting, permitting, or 
                          patenting a landfill or transfer station, 
                          including any delay attributable to--
                                      (I) the unavailability of, or 
                                  inaccessibility to, technical 
                                  assistance; or
                                      (II) procedures for purchasing, 
                                  leasing, permitting, or patenting a 
                                  site on Federal land, including 
                                  carrying out any necessary 
                                  environmental assessments or preparing 
                                  environmental impact statements 
                                  pursuant to the National Environmental 
                                  Policy Act of 1969 (42 U.S.C. 4321 et 
                                  seq.).
                      (C) Mandatory extension.--The Administrator (or the 
                  appropriate State official) may not disapprove any 
                  application referred to in subparagraph (B) in any case 
                  in which the Administrator (or appropriate State 
                  official) determines that the failure of a Federal 
                  agency or a department or agency of a State to issue a 
                  permit, patent, or other necessary approval for a 
                  landfill that is the subject of the application, or a 
                  transfer station associated with the landfill, has been 
                  a factor in the inability of the owner or operator of 
                  the landfill to achieve compliance with the revised 
                  criteria referred to in paragraph (1).
      (b) Prior Criteria Applicable During Exemption Period.--During the 
  period specified in subsection (a)(1), and during any applicable 
  additional period specified in subsection (a)(2)(B), a landfill subject 
  to an exemption pursuant to this section shall be subject to the 
  criteria referred to in subsection (a)(1)(B).
      (c) Effective Date of Revised Criteria.--Except as otherwise 
  specifically provided in this Act, beginning on October 9, 1994, each 
  municipal solid waste landfill shall be subject to the revised criteria 
  applicable to the landfill issued pursuant to sections 4004(a) and 
  4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 
  6949a(c), respectively), and any subsequent revision to the criteria.
      (d) Citizen Suits.--No person may commence a civil action pursuant 
  to section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) on the 
  basis of the failure of a municipal solid waste landfill subject to the 
  exemption described in subsection (a)(1) to meet any requirement with 
  respect to which the exemption applies.
  
  SEC. 3. EXTENSION OF EFFECTIVE DATE OF FINANCIAL ASSURANCE 
                REQUIREMENTS.
  
      (a) In General.--Notwithstanding any other provision of law, the 
  Administrator shall issue regulations that revise the financial 
  assurance requirements under subpart G of title 40, Code of Federal 
  Regulations, to broaden the mechanisms available to an owner or 
  operator of a municipal solid waste landfill for demonstrating 
  financial responsibility. The revised regulations shall include revised 
  criteria for determining whether mechanisms in addition to the 
  mechanisms specified in the regulations may be approved by the 
  Administrator. The revised criteria shall take into account the 
  financial circumstances of small municipalities and counties (as 
  defined and determined by the Administrator).
      (b) Effective Date.--The revised regulations promulgated pursuant 
  to subsection (a) shall take effect on the date that is 2 years after 
  the promulgation of the regulations.
      (c) Applicability.--During the period beginning on the effective 
  date specified in section 258.70 of title 40, Code of Federal 
  Regulations, and ending on the date specified in subsection (b), the 
  financial assurance requirements under subpart G of part 258 of title 
  40, Code of Federal Regulations, shall not apply.
  
  SEC. 4. GROUND WATER MONITORING.
  
      (a) In General.--As soon as practicable after the date of enactment 
  of this Act, the Administrator shall issue regulations that exempt from 
  the ground water monitoring requirements under sections 258.51 through 
  258.55 of title 40, Code of Federal Regulations, any municipal solid 
  waste landfill unit described in the matter preceding clause (i) in 
  section 258.1(f)(1), as added by the final rule published at 56 Fed. 
  Reg. 50798 on October 9, 1991, (referred to in this section as a 
  ``small landfill'')--
              (1) in 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
              (2) in a community that has no practicable waste management 
          alternative and that has a small landfill unit located in an 
          area that annually receives less than or equal to 25 inches of 
          precipitation.
      (b) Effective Date.--The regulations promulgated pursuant to 
  subsection (a) shall take effect on the date that is 2 years after the 
  date of enactment of this Act.
      (c) Exemption.--Notwithstanding any other provision of law, before 
  the effective date of the regulations referred to in subsection (b), a 
  landfill referred to in subsection (a) shall not be required to carry 
  out any ground water monitoring activities required under Federal law.
target: Local Government Landfill Compliance Deadline Act - Exempts municipal solid waste landfills existing as of October 8, 1993, which meet criteria under the Solid Waste Disposal Act as in effect on January 1, 1993, from meeting any revised criteria (established for facilities which may receive hazardous wastes) for a period of one year. 
  Makes such exemption inapplicable to landfill owners or operators who did not make a good faith effort before October 9, 1993, to comply with criteria. 
  Provides for a 180-day extension of the exemption subject to specified factors beyond the control of the owner or operator. 
  Directs the Administrator of the Environmental Protection Agency to issue regulations to revise specified financial assurance requirements under the Code of Federal Regulations (CFR) to broaden the mechanisms available to municipal landfill owners or operators for demonstrating financial responsibility.  Makes current requirements inapplicable until the effective date of such regulations. 
  Requires the Administrator to issue regulations that exempt certain small landfills from CFR groundwater monitoring requirements.
feat_title: Local Government Landfill Compliance Deadline Act