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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Interstate Transportation of
Municipal Waste Act of 1993''.

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
Imports.--
''(1) Authority to prohibit.--(A) Except as provided in
subparagraph (B), 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.
''(B) The authority to prohibit disposal of out-of-State
municipal waste shall not apply to--
''(i) landfills in operation on the date of
enactment of this section that--
''(I) received during calendar year 1991
documented shipments of out-of-State municipal
waste; and
''(II) are in compliance with all
applicable Federal and State laws (including
any Federal or 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;
''(ii) proposed landfills that, prior to January 1,
1993, received--
''(I) an approval from either the affected
local government or the local solid waste
planning unit to receive municipal waste
generated outside the jurisdiction of the
affected local government, the solid waste
planning unit, or the State in which the
landfill is located; and
''(II) a notice of decision from the State
to grant a construction permit; or
''(iii) incinerators in operation on the date of
enactment of this section that--
''(I) received, during calendar year 1991,
documented shipments of out-of-State municipal
waste;
''(II) are in compliance with the
applicable requirements of section 129 of the
Clean Air Act (42 U.S.C. 7429); and
''(III) are in compliance with all
applicable Federal and State laws (including
any Federal or State rule or regulation)
relating to facility design, operations, and
emissions.
''(2) Authority to limit.--Beginning with calendar year
1993, a Governor may--
''(A) limit the quantity of out-of-State municipal
waste received for disposal at each landfill or
incinerator in the State to an annual quantity equal to
the quantity of out-of-State municipal waste received
for disposal at the landfill or incinerator during the
calendar year 1991 or 1992, whichever is less; and
''(B) limit the disposal of out-of-State municipal
waste at each landfill or incinerator in the State that
received, during calendar year 1991 or 1992, 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 or
incinerator during the calendar year, by limiting the
quantity of out-of-State municipal waste received for
disposal at such landfill or incinerator to an annual
quantity not greater than 30 percent of all municipal
waste received at the landfill or incinerator during
calendar year 1991 or 1992, whichever is less;
''(C) prohibit the disposal of out-of-State
municipal waste in landfills that do not meet all
applicable Federal and State laws (including any
Federal or 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; and
''(D) prohibit the disposal of out-of-State
municipal waste in incinerators that do not meet all
applicable Federal and State laws (including any
Federal or State rule or regulation) relating to
facility design, operations, and emissions.
''(3) Authority to further limit.--Beginning with calendar
year 1997, a Governor may further limit the disposal of out-of-
State municipal waste as provided in paragraph (2)(B) 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.
''(4) Authority with respect to industrial waste.--A
Governor may exercise the authority provided in paragraphs (1),
(2), and (3) with respect to any industrial waste that is to be
disposed of at a landfill or incinerator that receives
municipal solid waste.
''(5) Applicability and discrimination provisions.--Any
limitation imposed by the Governor under paragraph (2)(A),
paragraph (2)(B), or paragraph (3)--
''(A) shall be applicable throughout the State; and
''(B) shall not discriminate against any shipments
of out-of-State municipal waste on the basis of State
of origin.
''(6) Determination of quantity of out-of-state municipal
waste received in states exercising authority.--(A) Any
Governor who intends to exercise the authority provided in this
subsection 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 1991 and 1992.
''(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 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 1991 and 1992, at each landfill and
incinerator in each State in which the Governor intends to
exercise the authority provided in this subsection.
''(b) Authority To Restrict In-State Municipal Waste Exports.--(1)
Except as provided in paragraph (2), a Governor of a State may limit or
prohibit the exportation outside the State of municipal waste generated
in the State, in accordance with the comprehensive waste management
plan of the affected local solid waste planning unit, or, if such a
plan does not exist, in accordance with State law.
''(2) A Governor may not limit or prohibit the exportation of
materials consisting solely of materials that have been separated from
municipal waste for recycling.
''(c) Delegation of Authority to Local Governments.--A Governor may
delegate authority provided by subsection (a) or (b), or both, to an
affected local government or to a local solid waste planning unit, if a
local solid waste planning unit exists under State law.
''(d) Designation of Affected Local Government.--Within 90 days
after the date of the enactment of this section, the Governor shall
designate which entity listed in subsection (e)(1) shall serve as the
affected local government for actions taken under subsections (a) and
(b). If the Governor fails to make a designation, the affected local
government for actions taken under this section shall be the city,
town, borough, county, parish, or other political subdivision created
pursuant to State law with primary jurisdiction over the land or the
use of the land on which the landfill or incinerator concerned is
located.
''(e) Definitions.--For purposes of this section:
''(1) The term 'affected local government' means the
elected officials of the city, town, borough, county, parish,
or other political subdivision in which a landfill or
incinerator is 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) The term 'out-of-State municipal waste' means, with
respect to a State, municipal waste generated outside of the
State. The term includes municipal waste generated outside of
the United States.
''(4) 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 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 or 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 or industrial 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 of 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 medical waste that is segregated from or
not mixed with municipal waste; or
''(G) any material or product returned from a
dispenser or distributor to the manufacturer for
credit, evaluation, or possible reuse.
''(5) The term 'industrial waste' means waste generated
from manufacturing or industrial processing operations that is
not identical to municipal waste with respect to the physical
and chemical state of the waste and the composition of the
waste. The term includes construction and demolition debris.''.

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.''.
Interstate Transportation of Municipal Waste Act of 1993 - Amends the Solid Waste Disposal Act to authorize a State Governor to prohibit the disposal of out-of-State municipal waste in any landfill or incinerator in the State.
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 1991 and are in compliance with Federal and 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 approval from the affected local government or solid waste planning unit to receive municipal waste generated outside the jurisdiction of the local government, planning unit, or State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1991 and are in compliance with performance standards under the Clean Air Act and Federal and State laws relating to facility design, operations, and emissions.
Authorizes State Governors, beginning in 1993, to further limit the quantity of out-of-State waste received for disposal, or the disposal of such waste, at specified landfills and incinerators. Applies the authorities of this Act to industrial waste to be disposed of at landfills or incinerators that receive municipal solid waste.
Prohibits discrimination against shipments of out-of-State waste on the basis of State of origin.
Authorizes a State Governor to limit or prohibit the exportation outside the State of municipal waste generated within the State.