state, intrastate, foreign, or overseas air
transportation;
‘‘(vi) any medical waste that is seg-
regated from or not mixed with municipal
solid waste; and
‘‘(vii) any material or product re-
turned from a dispenser or distributor to
the manufacturer for credit, evaluation, or
possible reuse.
‘‘(5) 
OUT-OF-STATE
MUNICIPAL
SOLID
WASTE.—The term ‘out-of-State municipal solid
waste’ means—
‘‘(A) with respect to a State, municipal
solid waste generated outside the State but in-
side the United States; and
‘‘(B) to the extent that it is consistent with
obligations of the United States under the
North America Free Trade Agreement, the
General Agreement on Tariffs and Trade, and
other international agreements, municipal solid
waste generated outside the United States.
‘‘(6) SPECIFIC AUTHORIZATION.—
‘‘(A) IN GENERAL.—The term ‘specific au-
thorization’ means an explicit authorization pro-
vided by a State or affected local government to
a landfill or incinerator, contained in a host
community agreement or permit, to import
waste from outside the State in which the land-
fill or incinerator is located.
‘‘(B) SPECIFIC
REFERENCES.—The term
‘specific authorization’ may include an author-
ization provided by—
‘‘(i) a reference to a fixed radius sur-
rounding the landfill or incinerator that in-
cludes an area outside the State or a ref-
erence to any place of origin;
‘‘(ii) a reference to a specific place
outside of the State; or
‘‘(iii) use of a phrase such as ‘regard-
less of origin’ or ‘outside the State’.
‘‘(C) GENERAL
REFERENCES.—The term
‘specific authorization’ shall not include a gen-
eral reference authorizing the receipt of waste
from outside the jurisdiction of a State or af-
fected local government.
‘‘(D) FORM.—The form of a specific au-
thorization may vary as long as the form clearly
and affirmatively indicates the approval or con-
sent of the State or affected local government
for receipt of municipal solid waste from a
source outside of the State.
‘‘(b) PROHIBITING DISPOSAL OF OUT-OF-STATE MU-
NICIPAL SOLID WASTE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if requested in writing by an affected
local government, a Governor may prohibit the dis-
posal of out-of-State municipal solid waste in any
landfill or incinerator that is subject to the jurisdic-
tion of the Governor or the affected local govern-
ment.
‘‘(2) EXCEPTIONS.—The authority to prohibit
the disposal of out-of-State municipal solid waste
under paragraph (1) shall not apply to—
‘‘(A) landfills in operation on the date of
enactment of this section that—
‘‘(i) received during calendar year
1993 documented shipments of out-of-
State municipal solid waste; and
‘‘(ii) are in compliance with all appli-
cable State laws (including any State rule
or regulation) relating to design and loca-
tion standards, leachate collection, ground
water monitoring, and financial assurance
for closure and post-closure and corrective
action;
‘‘(B) proposed landfills that—
‘‘(i) prior to January 1, 1993, re-
ceived—
‘‘(I) a specific authorization as
part of a host community agreement
from the affected local government to
receive out-of-State municipal solid
waste; and
‘‘(II) a notice of decision from
the State to grant a construction per-
mit; and
‘‘(iii) are in compliance with all of the
terms and conditions of the host commu-
nity agreement and construction permit; or
‘‘(C) incinerators in operation on the date
of enactment of this section that—
‘‘(i) received, during calendar year
1993, documented shipments of out-of-
State municipal solid waste;
‘‘(ii) are in compliance with the appli-
cable requirements of section 129 of the
Clean Air Act (42 U.S.C. 7429); and
‘‘(iii) are in compliance with all appli-
cable State laws (including any State rule
or regulation) relating to facility design
and operations.
‘‘(c) RESTRICTION
ON EXCEPTED LANDFILLS.—
With respect to a landfill covered by an exception under
subsection (b)(2), notwithstanding the absence of a re-
quest in writing by the affected local government, a Gov-
ernor of a State, beginning in the first calendar year that
begins after the date of enactment of this section, may
limit the quantity of out-of-State municipal solid waste re-
ceived for disposal—
‘‘(1) at each landfill in the State to an annual
quantity equal to the quantity of out-of-State munic-
ipal solid waste received for disposal at the landfill
during calendar year 1993; and
‘‘(2) by the State, if the State imported more
than 700,000 tons of out-of-State municipal solid
waste in calendar year 1993, by limiting the quan-
tity of out-of-State municipal solid waste received by
the State to—
‘‘(A) in calendar years 1997 through 2003,
95 percent of the quantity received by the State
during the previous calendar year; and
‘‘(B) in calendar year 2004 and each suc-
ceeding year, 65 percent of the quantity re-
ceived by the State during calendar year 1993.
‘‘(d) EXPORT RATCHET.—The quantity of municipal
solid waste exported by a State to landfills or incinerators
(that are not covered by host community agreements or
permits authorizing receipt of out-of-State municipal solid
waste) in any 1 other State may not exceed—
‘‘(1) in calendar year 1997, the greater of
1,400,000 tons or 90 percent of the quantity ex-
ported to the State in calendar year 1993;
‘‘(2) in calendar year 1998, the greater of
1,300,000 tons or 90 percent of the quantity ex-
ported to the State in calendar year 1997;
‘‘(3) in calendar year 1999, the greater of
1,200,000 tons or 90 percent of the quantity ex-
ported to the State in calendar year 1998;
‘‘(4) in calendar year 2000, the greater of
1,100,000 tons or 90 percent of the quantity ex-
ported to the State in calendar year 1999;
‘‘(5) in calendar year 2001, 1,000,000 tons;
‘‘(6) in calendar year 2002, 750,000 tons; and
‘‘(7) in calendar year 2003 and each succeeding
year, 550,000 tons.
‘‘(e) LOCAL GOVERNMENT PROCEDURES.—Prior to
submitting a request to a Governor under this section, an
affected local government shall—
‘‘(1) provide notice and opportunity for public
comment concerning the proposed request; and
‘‘(2) following notice and comment, take formal
action on the proposed request at a public meeting.
‘‘(f) NONDISCRIMINATION.—
‘‘(1) LIMITATION BY GOVERNOR.—Any limita-
tion on municipal solid waste imposed by a Governor
of a State under subsection (c)(1)—
‘‘(A) shall be applicable throughout the
State;
‘‘(B) shall not discriminate against any
particular landfill within the State; and
‘‘(C) shall not discriminate against any
shipments of out-of-State municipal solid waste
on the basis of the State of origin.
‘‘(2) RESPONSE TO LOCAL GOVERNMENTS.—In
responding to a request by an affected local govern-
ment under subsection (b)(1) or (c)(2), 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 solid waste on the basis of State
of origin.
‘‘(g) ADMINISTRATIVE PROVISIONS.—
‘‘(1) DOCUMENTATION.—To be eligible to exer-
cise any authority under subsection (c) or (d), a
Governor shall—
‘‘(A) not later than 90 days after the date
of enactment of this section, submit to the Ad-
ministrator information on documented ship-
ments of out-of-State municipal solid waste re-
ceived for disposal during calendar year 1993;
and
‘‘(B) on April 1 of each calendar year, sub-
mit to the Administrator information on docu-
mented shipments of out-of-State municipal
solid waste received for disposal during the
year.
‘‘(2) PUBLICATION.—Not later than 120 days
after the date of enactment of this section, the Ad-
ministrator shall publish a list of the quantity of
documented shipments of out-of-State municipal
solid waste that was received during calendar year
1993 at each landfill covered by the exceptions pro-
vided in subsection (b)(2) for disposal in a State in
which a Governor submitted information under para-
graph (1).
‘‘(3) LIST.—On June 1 of each calendar year,
the Administrator shall publish a list of States im-
porting out-of-State municipal solid waste in the
previous calendar year and the quantity received by
each importing State.
‘‘(h) 
LIMITATIONS
ON
PROSPECTIVE
WASTE
FLOWS.—
‘‘(1) DENIAL OF PERMIT.—
‘‘(A) IN GENERAL.—A State may provide
by law that the State will deny a permit for the
construction or operation of a new landfill or
incinerator or a major modification to an exist-
ing landfill or incinerator if—
‘‘(i) the State has approved a State or
local comprehensive solid waste manage-
ment plan developed under Federal or
State law; and
‘‘(ii) the denial is based on the State’s
determination, pursuant to a State law au-
thorizing the denial, that there is not a
local or regional need for the landfill or in-
cinerator in the State.
‘‘(B) INTERSTATE
COMMERCE.—A denial
of a permit under subparagraph (A)(i) shall not
be considered to impose an undue burden on
interstate commerce or to otherwise impair, re-
strain, or discriminate against commerce.
‘‘(2) PERCENTAGE LIMITATION.—
‘‘(A) IN GENERAL.—A State not exercising
authority under paragraph (1) may provide by
law that a State permit issued after the date of
enactment of this section for a new municipal
solid waste landfill or incinerator or for expan-
sion of a municipal solid waste landfill or incin-
erator shall include an annual percentage limi-
tation of not less than 20 percent on the total
quantity of out-of-State municipal solid waste
received annually at the landfill or incinerator
relative to the total quantity of municipal solid
waste received annually at the landfill or incin-
erator.
‘‘(B) HOST
COMMUNITY
AGREEMENT.—
Notwithstanding subparagraph (A), a landfill or
incinerator with specific authorization to receive
a specific quantity of out-of-State municipal
solid waste annually pursuant to a host commu-
nity agreement entered into prior to the date of
enactment of this section may receive the spe-
cific quantity authorized under the host com-
munity agreement.
‘‘(C) 
NONDISCRIMINATION.—An 
annual
percentage limitation referred to in subpara-
graph (A)—
‘‘(i) shall be uniform for all solid
waste landfills and incinerators in a State;
and
‘‘(ii) may not discriminate against
out-of-State municipal solid waste accord-
ing to the State of origin, unless the waste
is received under an agreement entered
into under section 1005(b), under which
the receiving State and 1 or more other
States agreed to a different percentage
limitation for specific facilities receiving
municipal solid waste from 1 of the States
that is a party to the compact.’’.
SEC. 3. TABLE OF CONTENTS AMENDMENT.
The table of contents of the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.) is amended by adding at the end
of the items relating to subtitle D the following:
‘‘Sec. 4011. Interstate transportation of municipal solid waste.’’.
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