text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Interstate Transportation of 
  Municipal Waste Act of 1995''.
  
  SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.
  
      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:
  
               ``interstate transportation of municipal waste
  
      ``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal 
  Waste.--(1)(A) Except as provided in subsection (b), if requested in 
  writing by an affected local government, a Governor may prohibit the 
  disposal of out-of-State municipal waste in any landfill or incinerator 
  that is subject to the jurisdiction of the Governor or the affected 
  local government.
      ``(B) Prior to submitting a request under this section, the 
  affected local government shall--
              ``(i) provide notice and opportunity for public comment 
          concerning any proposed request; and
              ``(ii) following notice and comment, take formal action on 
          any proposed request at a public meeting.
      ``(2) Beginning with calendar year 1995, a Governor of a State may, 
  with respect to landfills covered by the exceptions provided in 
  subsection (b)--
              ``(A) notwithstanding the absence of a request in writing 
          by the affected local government--
                      ``(i) limit the quantity of out-of-State municipal 
                  waste received for disposal at each landfill in the 
                  State to an annual quantity equal to the quantity of 
                  out-of-State municipal waste received for disposal at 
                  the landfill during the calendar year 1993 or 1994, 
                  whichever is less; and
                      ``(ii) limit the disposal of out-of-State municipal 
                  waste at landfills that received, during calendar year 
                  1993, documented shipments of more than 50,000 tons of 
                  out-of-State municipal waste representing more than 30 
                  percent of all municipal waste received at the landfill 
                  during the calendar year, by prohibiting at each such 
                  landfill the disposal, in any year, of a quantity of 
                  out-of-State municipal waste that is greater than 30 
                  percent of all municipal waste received at the landfill 
                  during calendar year 1993; and
              ``(B) if requested in writing by the affected local 
          government, prohibit the disposal of out-of-State municipal 
          waste in landfill cells that do not meet the design and 
          location standards and leachate collection and ground water 
          monitoring requirements of State law and regulations in effect 
          on January 1, 1993, for new landfills.
      ``(3)(A) In addition to the authorities provided in paragraph 
  (1)(A), beginning with calendar year 1997, a Governor of any State, if 
  requested in writing by the affected local government, may further 
  limit the disposal of out-of-State municipal waste as provided in 
  paragraph (2)(A)(ii) by reducing the 30 percent annual quantity 
  limitation to 20 percent in each of calendar years 1998 and 1999, and 
  to 10 percent in each succeeding calendar year.
      ``(B)(i) A State may ban imports from large exporting States if the 
  volumes of municipal solid waste exported by those States did not meet 
  reduction targets.
      ``(ii) A ban under clause (i) may prohibit imports from States that 
  export more than--
              ``(I) 3,500,000 tons in calendar year 1996;
              ``(II) 3,000,000 tons in calendar year 1997;
              ``(III) 3,000,000 tons in calendar year 1998;
              ``(IV) 2,500,000 tons in calendar year 1999;
              ``(V) 2,500,000 tons in calendar year 2000;
              ``(VI) 1,500,000 tons in calendar year 2001;
              ``(VII) 1,500,000 tons in calendar year 2002; or
              ``(VIII) 1,000,000 tons in any calendar year after 2002,
  excluding any volume legitimately covered by a host community 
  agreement.
      ``(4)(A) Any limitation imposed by the Governor under paragraph 
  (2)(A)--
              ``(i) shall be applicable throughout the State;
              ``(ii) shall not discriminate against any particular 
          landfill within the State; and
              ``(iii) shall not discriminate against any shipments of 
          out-of-State municipal waste on the basis of State of origin.
      ``(B) In responding to requests by affected local governments under 
  paragraphs (1)(A) and (2)(B), the Governor shall respond in a manner 
  that does not discriminate against any particular landfill within the 
  State and does not discriminate against any shipments of out-of-State 
  municipal waste on the basis of State of origin.
      ``(5)(A) Any Governor who intends to exercise the authority 
  provided in this paragraph shall, within 120 days after the date of 
  enactment of this section, submit to the Administrator information 
  documenting the quantity of out-of-State municipal waste received for 
  disposal in the State of the Governor during calendar years 1993 and 
  1994.
      ``(B) On receipt of the information submitted pursuant to 
  subparagraph (A), the Administrator shall notify the Governor of each 
  State and the public and shall provide a comment period of not less 
  than 30 days.
      ``(C) Not later than 60 days after receipt of information from a 
  Governor under subparagraph (A), the Administrator shall determine the 
  quantity of out-of-State municipal waste that was received at each 
  landfill covered by the exceptions provided in subsection (b) for 
  disposal in the State of the Governor during calendar years 1993 and 
  1994, and provide notice of the determination to the Governor of each 
  State. A determination by the Administrator under this subparagraph 
  shall be final and not subject to judicial review.
      ``(D) Not later than 180 days after the date of enactment of this 
  section, the Administrator shall publish a list of the quantity of out-
  of-State municipal waste that was received during calendar years 1993 
  and 1994 at each landfill covered by the exceptions provided in 
  subsection (b) for disposal in each State in which the Governor intends 
  to exercise the authority provided in this paragraph, as determined in 
  accordance with subparagraph (C).
      ``(b) Exceptions To Authority To Prohibit Out-of-State Municipal 
  Waste.--The authority to prohibit the disposal of out-of-State 
  municipal waste provided under subsection (a)(1) shall not apply to--
              ``(1) landfills in operation on the date of enactment of 
          this section that--
                      ``(A) received during calendar year 1993 documented 
                  shipments of out-of-State municipal waste; and
                      ``(B) are in compliance with all applicable State 
                  laws (including any State rule or regulation) relating 
                  to design and location standards, leachate collection, 
                  ground water monitoring, and financial assurance for 
                  closure and post-closure and corrective action;
              ``(2) proposed landfills that, prior to January 1, 1993, 
          received--
                      ``(A) an explicit authorization as part of a host 
                  community agreement from the affected local government 
                  to receive municipal waste generated out-of-State; and
                      ``(B) a notice of decision from the State to grant 
                  a construction permit; or
              ``(3) 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 waste;
                      ``(B) are in compliance with the applicable 
                  requirements of section 129 of the Clean Air Act (42 
                  U.S.C. 7429); and
                      ``(C) are in compliance with all applicable State 
                  laws (including any State rule or regulation) relating 
                  to facility design and operations.
      ``(c) Denial of Permits on Ground of Lack of Need.--
              ``(1) Denial.--A State may deny a permit for the 
          construction or operation of a new landfill or incinerator or a 
          major modification of an existing landfill or incinerator if--
                      ``(A) the State has approved a State or local 
                  comprehensive solid waste management plan developed 
                  under Federal or State law; and
                      ``(B) the denial is based on the State's 
                  determination, pursuant to a State law authorizing such 
                  denial, that there is not a local or regional need of 
                  the landfill or incinerator in the State.
              ``(2) Undue burden.--A denial of a permit under paragraph 
          (1) shall not be considered to impose an undue burden on 
          interstate commerce or to otherwise impair, restrain, or 
          discriminate against interstate commerce.
      ``(d) Definitions.--As used in this section:
              ``(1) The term `affected local government' means--
                      ``(A) the public body authorized by State law to 
                  plan for the management of municipal solid waste, a 
                  majority of the members of which are elected officials, 
                  for the area in which the landfill or incinerator is 
  located or proposed to be located; or
                      ``(B) if there is not such body created by State 
                  law, the elected officials of the city, town, township, 
                  borough, county, or parish selected by the Governor and 
                  exercising primary responsibility over municipal solid 
                  waste management or the use of land in the jurisdiction 
                  in which the facility is located or proposed to be 
                  located.
              ``(2) The term `affected local solid waste planning unit' 
          means a political subdivision of a State with authority 
          relating to solid waste management planning in accordance with 
          State law.
              ``(3) With respect to a State, the term `out-of-State 
          municipal waste' means municipal waste generated outside the 
          State. To the extent that it is consistent with the United 
          States-Canada Free Trade Agreement and the General Agreement on 
          Tariffs and Trade, the term shall include municipal waste 
          generated outside the United States.
              ``(4) 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.
              ``(5) The term `municipal 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 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 
                  (42 U.S.C. 9604, 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 waste and has been transported 
                  into the 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 or a company with which the 
                          generator is affiliated;
                      ``(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 waste 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 waste; or
                      ``(H) any material or product returned from a 
                  dispenser or distributor to the manufacturer for 
                  credit, evaluation, or possible reuse.''.
  
  SEC. 3. TABLE OF CONTENTS AMENDMENT.
  
      The table of contents of the Solid Waste Disposal Act is amended by 
  adding at the end of the items relating to subtitle D the following new 
  item:
  
  ``Sec. 4011. Interstate transportation of municipal waste.''.
target: Interstate Transportation of Municipal Waste Act of 1995 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government, to prohibit the disposal of out-of-State municipal waste in:  (1) any landfill or incinerator subject to the jurisdiction of the Governor or the local government; and (2) landfill cells that do not meet the State's design and location standards and leachate collection and groundwater monitoring requirements for new landfills. 
  Permits such Governors, without the request of such entities, to limit the quantity of out-of-State municipal waste received for disposal, or the disposal of such waste, at landfills covered by exceptions under this Act. 
  Authorizes States to ban imports from large exporting States if the volumes of municipal solid waste exported by such States did not meet reduction targets. 
  Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin. 
  Exempts from a Governor's authority to prohibit the disposal of out-of-State waste:   (1) landfills that received documented shipments of such waste in 1993 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1993 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations. 
  Authorizes States to deny permits for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if:  (1) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and (2) the denial is based on the State's determination that there is not a local or regional need of the landfill or incinerator in the State.
feat_title: Interstate Transportation of Municipal Waste Act of 1995