I
106TH CONGRESS
2D SESSION
H. R. 3524
To phase out the incineration of solid waste, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 24, 2000
Mr. ANDREWS introduced the following bill; which was referred to the Com-
mittee on Commerce, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To phase out the incineration of solid waste, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. STATE IMPLEMENTATION PLANS.
(a) SUBMISSION OF PLANS.—Each State shall, after
reasonable notice and public hearings, adopt and submit
to the Administrator of the Environmental Protection
Agency (referred to in this Act as the ‘‘Administrator’’),
within one year after the enactment of this Act, a 3-year
plan implementation plan to achieve each of the following:
(1) Increased recycling by at least 75 percent
over the 3-year period.
(2) Water source pollution reduction.
(3) The restriction of landfill dumping to mate-
rials that are not recyclable or combustible.
(4) The phasing out of incineration of solid
waste within 4 years and 6 months after the enact-
ment of this Act.
(b) PROCEDURES.—Each implementation plan sub-
mitted by a State under this Act shall be adopted by the
State after reasonable notice and public hearing. No such
plan may be implemented by the State until approved by
the Administrator under this Act. Each such plan shall—
(1) include enforceable limitations and other
control measures, means, or techniques, as well as
schedules and timetables for compliance, as may be
necessary or appropriate to meet the applicable re-
quirements of this Act;
(2) provide for establishment and operation of
appropriate devices, methods, systems, and proce-
dures necessary to—
(A) monitor, compile, and analyze data on
compliance with this Act; and
(B) make such data available to the Ad-
ministrator;
(3) include a program to provide for the en-
forcement of the measures described in paragraph
(1);
(4) provide for revision of such plan whenever
the Administrator finds on the basis of information
available to the Administrator that the plan is inad-
equate to comply with the requirements established
under this Act; and
(5) provide for consultation and participation
by local political subdivisions affected by the plan.
(c) ENVIRONMENTAL PROTECTION AGENCY ACTION
ON PLAN SUBMISSIONS.—
(1) COMPLETENESS OF PLAN SUBMISSIONS.—
(A) COMPLETENESS CRITERIA.—Within 6
months after the date of the enactment of this
Act, the Administrator shall promulgate min-
imum criteria that any plan submission must
meet before the Administrator is required to act
on such submission under this subsection. The
criteria shall be limited to the information nec-
essary to enable the Administrator to determine
whether the plan submission complies with the
provisions of this Act.
(B) COMPLETENESS FINDING.—Within 6
months after the Administrator’s receipt of a
plan or plan revision under this Act, the Ad-
ministrator shall determine whether the plan or
revision complies with this Act and approve or
reject the plan or plan revision. If the plan is
approved, the State shall begin implementation
immediately. If the plan is rejected, the Envi-
ronmental Protection Agency will inform the
State why the plan was rejected. That State
then has 3 months to submit a new plan.
(C) EFFECT OF FINDING OF INCOMPLETE-
NESS.—Where the Administrator determines
that any part of a plan submission meets the
requirements of this Act and approves such
part and disapproves the plan in part, the State
shall immediately implement the approved part
or parts and submit a revised plan respecting
the remaining parts within 3 months after the
date of the Administrator’s disapproval.
(2) 
DEADLINE
FOR
ACTION.—Within 
months of a determination by the Administrator (or
a determination deemed by operation of law) under
paragraph (1) that a State has submitted a plan or
plan revision (or, in the Administrator’s discretion,
part thereof) that meets the minimum criteria estab-
lished pursuant to paragraph (1), if applicable (or,
(1) finds that a State has failed to submit a
plan, or to submit 1 or more of the elements (as de-
termined by the Administrator) required by the pro-
visions of this Act;
(2) disapproves in whole or in part a plan sub-
mission under section 1; and
(3) finds that any requirement of an approved
plan (or approved part of a plan) is not being imple-
mented,
unless such deficiency has been corrected within 18
months after the finding, disapproval, or determination re-
ferred to in paragraphs (1), (2), and (3), the sanctions
referred to in subsection (b) shall apply until the Adminis-
trator determines that the State has come into compliance.
(b) SANCTIONS.—(1) The Administrator may impose
a prohibition, applicable to a State, on the approval by
the Secretary of Transportation of any projects or the
awarding by the Secretary of any grants, under title 23,
United States Code, other than projects or grants for safe-
ty where the Secretary determines, based on accident or
other appropriate data submitted by the State, that the
principal purpose of the project is an improvement in safe-
ty to resolve a demonstrated safety problem and likely will
result in a significant reduction in, or avoidance of, acci-
dents. Such prohibition shall become effective upon the se-
lection by the Administrator of this sanction.
(2) In addition to safety, projects or grants that may
be approved by the Secretary, notwithstanding the prohi-
bition in paragraph (1), are the following—
(A) capital programs for public transit;
(B) construction or restriction of certain roads
or lanes solely for the use of passenger buses or high
occupancy vehicles;
(C) highway ramp metering, traffic signaliza-
tion, and related programs that improve traffic flow;
(D) fringe and transportation corridor parking
facilities serving multiple occupancy vehicle pro-
grams or transit operations;
(E) programs to limit or restrict vehicle use in
downtown areas or other areas of emission con-
centration particularly during periods of peak use,
through road use charges, tolls, parking surcharges,
or other pricing mechanisms, vehicle restricted zones
or periods, or vehicle registration programs; and
(F) programs for breakdown and accident scene
management, nonrecurring congestion, and vehicle
information systems, to reduce congestion.
SEC. 3. INCENTIVES.
(a) GRANT PROGRAM.—The Administrator is author-
ized to make grants to each State that phases out the in-
cineration of solid waste prior to the deadline established
under this Act. Such grants are to be used for the purpose
of finding alternative, environmental friendly means of
sold waste disposal. The Administrator may make grants
under this subsection in the amount of—
(1) $60,000,000 to States that phase out the
incineration of solid waste within 1 year after the
enactment of this Act;
(2) $40,000,000 to States that phase out the
incineration of solid waste within 2 years after the
enactment of this Act; and
(3) $25,000,000 to States that phase out the
incineration of solid waste within 3 years after the
enactment of this Act
(b) INTERSTATE WASTE AUTHORITY.—On the date
that a State phases out the incineration of solid waste,
such State shall have the authority to limit or restrict the
importation of solid waste in such State.
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