United States · Amendment · HAMDT

HAMDT 898 (103rd)

An amendment to increase the restrictions on the exercise of flow control authority over and above those contained in the bill. Under the substitute, states and localitites could continue to impose flow control requirements only if the requirements are being imposed under a state or local law, ordinance, or other official act which was in effect on May 15, 1994, and 1) a waste management facility was designated, and was in operation, before May 15, 1994; 2) the legal authority for flow control does nbot require designation of a particular facility; or 3) the state or locality "committed to selection" of a facility before May 15, 1994. The substitute provides more stringent criteria than the bill for demonstrating a "commitment to select" facility, requiring that one of the following must have occurred prior to May 15, 1994: 1) all construction permits were submitted, 2) construction contracts were in effect, 3) bonds were presented for sale to fund construction, or 4) applications for construction and operation permits were submitted to regulatory agencies. Under the substitute, a facility designation which serves as the basis for flow control authority could not be transferred to a different facility unless the state or locality had declared its intent to designate a different facility, and was in the process or doing so, as o. May 15, 1994. The substitute limits how long existing flow control arrangements may continue, and also permits a state or locality to divert waste to a facility other than the designated one, at the waste generator's request, if this will increase environmental and health protection, or reduce potential liability under federal or state laws. The substitute requires and EPA