I
104TH CONGRESS
1ST SESSION
H. R. 291
To amend the Resource Conservation and Recovery Act to improve procedures
for the implementation of State compacts providing for the establishment
and operation of regional disposal facilities for municipal and industrial
solid waste, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. KANJORSKI introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To amend the Resource Conservation and Recovery Act to
improve procedures for the implementation of State com-
pacts providing for the establishment and operation of
regional disposal facilities for municipal and industrial
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,
SEC. 101. SHORT TITLE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Solid Waste Compact Act of 1995’’.
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SEC. 102. AMENDMENT TO THE RESOURCE CONSERVATION
AND RECOVERY ACT.
The Resource Conservation and Recovery Act (42
U.S.C. 6903) is amended by inserting at the end of section
6903 the following:
‘‘(40) COMPACT—The term ‘compact’ means a com-
pact entered into by two or more States pursuant to this
act.
‘‘(41) COMPACT COMMISSION—The term ‘compact
commission’ means the regional commission, committee,
or board established in a compact to administer such com-
pact.
‘‘(42) COMPACT REGION—The term ‘compact region’
means the area consisting of all States that are members
of the compact.
‘‘(43) SOLID WASTE DISPOSAL—The term ‘solid
waste 
disposal’ 
means 
the 
recycling, 
incinerating,
landfilling, or burning of solid waste pursuant to the re-
quirements established by the Environmental Protection
Agency, or any State environmental agency in which a
compact is physically located.
‘‘(44) NON-SITED
COMPACT
REGION—The term
‘non-sited compact region’ means any compact region that
is not a sited compact region.
‘‘(45) REGIONAL DISPOSAL FACILITY—The term ‘re-
gional disposal facility’ means a non-Federal municipal or
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solid waste disposal facility in operation January 1, 1993,
or subsequently established and operated under a com-
pact.
‘‘(46) SOLID WASTE—The term ‘solid waste’ pertains
to any nonhazardous waste generated by a municipality,
industry, or community.
‘‘(47) STATE—The term ‘State’ means any State of
the United States, the District of Columbia, and the Com-
monwealth of Puerto Rico.’’.
SEC. 103. The Resource Conservation and Recovery
Act (42 U.S.C. 6904) is amended by striking subsections
(a) and (b) and inserting in lieu thereof the following:
‘‘(a) STATE RESPONSIBILITIES.—Each State shall be
responsible for providing, either by itself or in cooperation
with other states, a plan to adequately dispose of all solid
waste that is generated within their state. Within 12
months of the enactment of the Solid Waste Compact Act
of 1995 each State shall submit their plan to the United
States Environmental Protection Agency for approval.
‘‘(b) REGIONAL COMPACTS FOR SOLID WASTE DIS-
POSAL.—(1) IN GENERAL.—
‘‘(A) FEDERAL POLICY.—It is the policy of the
Federal Government that the responsibilities of the
States under section (a) for the disposal of solid
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waste can be most safely and effectively managed on
a regional basis.
‘‘(B) INTERSTATE
COMPACTS.—To carry out
the policy set forth in paragraph (A) the States may
enter into such compacts as may be necessary to
provide for the establishment and operation of re-
gional disposal facilities for solid waste.
‘‘(2) APPLICABILITY TO FEDERAL ACTIVITIES.—
‘‘(A) EFFECT
OF
COMPACTS
ON
FEDERAL
LAW.—Nothing contained in this Act or any compact
may be construed to confer any new authority on
any compact commission or State—
‘‘(i) to regulate the packaging, generation,
treatment, storage, disposal, or transportation
of solid waste in a manner incompatible with
the regulations of the Environmental Protection
Agency or inconsistent with the Department of
Transportation;
‘‘(ii) to regulate health, safety, or environ-
mental hazards from source or byproduct mate-
rial.
‘‘(B) FEDERAL
AUTHORITY.—Except as ex-
pressly provided in this Act, nothing contained in
this act or any compact may be construed to limit
the applicability of any Federal law or to diminish
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or to otherwise impair the jurisdiction of any action
taken pursuant to any compact.
‘‘(C) STATE AUTHORITY PRESERVED.—Except
as expressly provided in this Act, nothing contained
in this Act expands, diminishes, or otherwise affects
State law.
‘‘(3) RESTRICTED USE OF REGIONAL SOLID WASTE
DISPOSAL FACILITIES.—Any authority in a compact to re-
strict the use of regional solid waste disposal facilities
under the compact to the disposal of solid waste generated
within the compact region shall not take effect before each
of the following occurrs:
‘‘(1) January 1, 1997; and
‘‘(2) the Congress by law consents to the com-
pact.
‘‘(4) CONGRESSIONAL REVIEW.—Each compact shall:
Provide, That every 5 years after the compact has taken
effect the Congress may by law withdraw its consent.
‘‘(c) 
ALTERNATIVE
SOLID
WASTE
DISPOSAL
METHODS.—
‘‘(1) Not later than 12 months after the date
of enactment of the Solid Waste Compact Act of
1995, the Environmental Protection Agency shall, in
consultation with the States and other interested
persons, identify potential alternative management
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programs for the control of solid waste, and estab-
lish and publish technical guidance regarding the
implementation of such programs.
‘‘(2) Not later than 24 months after the date
of the enactment of the Solid Waste Compact Act of
1995, the Environmental Protection Agency shall, in
consultation with the States and other interested
persons, identify and publish all relevant technical
information regarding the technologies pursuant to
subsection (1) that a State or compact must provide
to the Agency in order to pursue such programs, to-
gether with the requirements that such facilities
must meet, in the judgment of the Agency, if pur-
sued as an alternative to traditional solid waste
management.’’.
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