[Congressional Record Volume 142, Number 14 (Thursday, February 1, 1996)]
[Extensions of Remarks]
[Page E138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT OF 1995

                                 ______


                               speech of

                         HON. STEPHEN E. BUYER

                               of indiana

                    in the house of representatives

                       Tuesday, January 30, 1996

  Mr. BUYER. Mr. Speaker, I rise today in strong opposition to the Flow 
Control Act of 1996, House Resolution 349, as it is currently drafted. 
While I support the provisions of this resolution, I do not in any way 
support this effort to address flow control without addressing the 
issue of interstate transportation of municipal solid waste. It is my 
feeling that doing so, the House of Representatives is again failing to 
provide a national framework of controls and incentives for states and 
localities to implement responsible, solid waste management programs.
  Failure of this House to include comprehensive waste control 
legislation, including granting States the authority to control the 
flow of waste as well as to limit the amount of out-of-State waste 
which can be dumped within their borders, reveals that the real intent 
is not to encourage responsible waste management. Instead, taking this 
action sends the message that this House is more concerned with the 
financial resources which are being depleted by the lack of flow 
control authority, than it is with the limited, natural resources being 
depleted by the lack of State authority to regulate the amount of 
municipal waste which can be imported and dumped.
  The Supreme Court has acknowledged that Congress has 
sole jurisdiction over the regulation of interstate commerce. Over the 
past 5 years, the Congress has acknowledged it should exercise this 
authority with regard to the issue of municipal waste.

  In the 104th Congress, the Senate passed comprehensive legislation 
which addresses the issue of municipal waste management affecting all 
50 states. Early last year, I introduced H.R. 1288, the Interstate 
Transportation of Municipal Waste Act, which is identical to the bill 
introduced by Senator Coats. Senator Coats and I did so recognizing the 
necessity of developing a comprehensive national waste management 
policy, one which addresses the severe problems facing our own State of 
Indiana.
  I represent a district in Northcentral Indiana which received two-
thirds, or around 1 million tons, of the amount of out-of-State waste 
dumped in Indiana last year. House Resolution 349 does not address this 
problem of out-of-State waste which faces many States such as Indiana, 
Ohio, Michigan, Pennsylvania and Virginia. These States are forced to 
deal with the millions of tons of waste generated by other States and 
localities, and dumped within their borders. I am greatly concerned 
over the lack of progress this House has made on this issue. I believe 
this House is ignoring its responsibility and addressing only the 
financial problems of a limited number of states.
  I believe that Congress' lack of action penalizes States like 
Indiana, which have not only reduced their production of solid waste, 
but have devised a responsible management plan to dispose of it. I am 
here in support of a national system which will enable and encourage 
each State and locality to develop and implement responsible, solid 
waste management plans. The only way to do so is to address the issue 
of municipal solid waste management, which includes both the problems 
of flow control and interstate waste.
  Mr. Chairman, I urge this House to continue the work of the past 5 
years, to follow the work of the Senate, and to consider the work of 
Chairman Oxley and his colleagues on the Subcommittee on Commerce, 
Trade and Hazardous Material, who have approved H.R. 2323, a 
comprehensive waste management reform bill. That is why I must stand 
here today and call on my colleagues to oppose this resolution.

                          ____________________