I
103D CONGRESS
1ST SESSION
H. R. 2189
To provide for a delay in the effective date of certain regulations applicable
to municipal solid waste landfills under the Solid Waste Disposal Act.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1993
Mr. SLATTERY introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To provide for a delay in the effective date of certain regula-
tions applicable to municipal solid waste landfills under
the Solid Waste Disposal Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Municipal Solid Waste
Landfill Relief Act of 1993’’.
SEC. 2. EXEMPTION OF CERTAIN EXISTING FACILITIES
FROM 
MEETING 
REVISED 
CRITERIA 
FOR
LANDFILLS.
(a) EXEMPTION.—During the 6-month period com-
mencing October 9, 1993, all municipal solid waste land-
fills existing as of October 8, 1993, which meet the re-
quirements of the criteria applicable as of January 1,
1993, to such landfills under section 4004(a) of the Solid
Waste Disposal Act (42 U.S.C. 6944(a)) (as required by
section 4010(c) of such Act) shall be exempt from any re-
vised criteria established for such landfills.
(b) EXTENSION.—The Administrator of the Environ-
mental Protection Agency may upon application by a State
extend the exemption as provided in subsection (a) to
landfills in such State for up to an additional 12-month
period but not beyond April 1, 1995, if the Administrator
determines that the State has made a good faith effort
in complying with the Solid Waste Disposal Act. In mak-
ing this determination, the Administrator shall consider
each of the following:
(1) Whether the State has submitted its Sub-
title D Program for approval by October 1, 1993.
(2) Whether counties within the State have
completed development of solid waste management
plans.
(3) Whether counties have begun implementa-
tion of their solid waste management plans.
(4) Whether counties within the State have ne-
gotiated or begun negotiations for interlocal agree-
ments for joint disposal of waste generated within
the counties.
(c) EXCEPTIONS.—No extension under this sub-
section shall apply to—
(1) any landfill at which total waste receipts ex-
ceed 100 tons per day on average over the term of
the extension;
(2) any landfill which accepts wastes other than
municipal solid waste;
(3) landfills which have expanded laterally, or
which place the waste into a new unit that is not in
compliance with the liner standards established pur-
suant to regulations of the Administrator under 40
C.F.R. 258.40 or with an approved State alternative
that meets the performance standard of 40 C.F.R.
258.40.
(d) PRIOR CRITERIA APPLICABLE DURING EXEMP-
TION PERIOD.—Landfills exempt from revised criteria as
provided in this section shall, during the exemption period,
be subject to the criteria applicable to such landfills as
of January 1, 1993.
(e) EFFECTIVE DATE OF REVISED CRITERIA.—After
the expiration of the exemption under this section, all mu-
nicipal solid waste landfills shall be subject to the revised
criteria established for such landfills under section
4004(a) of the Solid Waste Disposal Act (42 U.S.C.
6944(a)) or any subsequent revised criteria.
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