[Congressional Record Volume 152, Number 108 (Wednesday, September 6, 2006)]
[House]
[Pages H6254-H6259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERNATIONAL SOLID WASTE IMPORTATION AND MANAGEMENT ACT OF 2006
Mr. GILLMOR. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2491) to amend the Solid Waste Disposal Act to authorize
States to restrict receipt of foreign municipal solid waste and
implement the Agreement Concerning the Transboundary Movement of
Hazardous Waste between the United States and Canada, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 2491
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Solid Waste
Importation and Management Act of 2006''.
SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) is amended by adding after section
4010 the following new section:
``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
``(a) State Authority to Address Importation and Management
of Municipal Solid Waste.--
``(1) In general.--Until the date on which all final
regulations issued by the Administrator to implement and
enforce the Agreement (including notice and consent
provisions of the Agreement) become effective, a State may
enact a law or laws or issue regulations or orders imposing
limitations on the receipt and disposal of foreign municipal
solid waste within the State. Laws, regulations, and orders
enacted or issued before that date may continue in effect
according to their terms after that date.
``(2) Effect on interstate and foreign commerce.--No State
action taken as authorized by this section shall be
considered to impose an undue burden on interstate and
foreign commerce or to otherwise impair, restrain, or
discriminate against interstate and foreign commerce.
``(3) Trade and treaty obligations.--Nothing in this
section affects, replaces, or amends prior law relating to
the need for consistency with international trade
obligations.
``(b) Authority of Administrator.--
``(1) In general.--Beginning immediately after the date of
enactment of this section, the Administrator shall--
``(A) perform the functions of the Designated Authority of
the United States described in the Agreement with respect to
the importation and exportation of municipal solid waste
under the Agreement; and
``(B) implement and enforce the notice and consent and
other provisions of the Agreement.
``(2) Regulations.--Not later than 24 months after the date
of enactment of this section, the Administrator shall issue
final regulations with respect to the Administrator's
responsibilities under paragraph (1).
``(3) Consent to importation.--In considering whether to
consent to the importation under article 3(c) of the
Agreement, the Administrator shall--
``(A) give substantial weight to the views of the State or
States into which the municipal solid waste is to be
imported, and consider the views of the local government with
jurisdiction over the location where the waste is to be
disposed;
``(B) consider the impact of the importation on--
``(i) continued public support for and adherence to State
and local recycling programs;
``(ii) landfill capacity as provided in comprehensive waste
management plans;
``(iii) air emissions from increased vehicular traffic; and
``(iv) road deterioration from increased vehicular traffic;
and
``(C) consider the impact of the importation on homeland
security, public health, and the environment.
``(4) Actions in violation of the agreement.--No person
shall import, transport, or export municipal solid waste for
final disposal or for incineration in violation of the
Agreement.
``(c) Compliance Orders.--(1) Whenever on the basis of any
information the Administrator determines that any person has
violated or is in violation of this section, the
Administrator may issue an order assessing a civil penalty
for any past or current violation, requiring compliance
immediately or within a specified time period, or both, or
the Administrator may commence a civil action in the United
States district court in the district in which the violation
occurred for appropriate relief, including a temporary or
permanent injunction.
``(2) Any order issued pursuant to this subsection shall
state with reasonable specificity the nature of the
violation. Any penalty assessed in the order shall not exceed
$25,000 per day of noncompliance for each violation. In
assessing such a penalty, the Administrator shall take into
account the seriousness of the violation and any good faith
efforts to comply with applicable requirements.
``(d) Public Hearing.--Any order issued under this section
shall become final unless, not later than 30 days after the
order is served, the person or persons named therein request
a public hearing. Upon such request the Administrator shall
promptly conduct a public hearing. In connection with any
proceeding under this section the Administrator may issue
subpoenas for the attendance and testimony of witnesses and
the production of relevant papers, books, and documents, and
may promulgate rules for discovery procedures.
``(e) Violation of Compliance Orders.--If a violator fails
to take corrective action within the time specified in a
compliance order, the Administrator may assess a civil
penalty of not more than $25,000 for each day of continued
noncompliance with the order.
``(f) Definitions.--For purposes of this section:
``(1) Agreement.--The term `Agreement' means--
``(A) the Agreement Concerning the Transboundary Movement
of Hazardous Waste between the United States and Canada,
signed at Ottawa on October 28, 1986 (TIAS 11099) and amended
on November 25, 1992; and
``(B) any regulations promulgated and orders issued to
implement and enforce that Agreement.
``(2) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste generated
outside of the United States.
``(3) Municipal solid waste.--
``(A) Waste included.--Except as provided in subparagraph
(B), the term `municipal solid waste' means--
``(i) all waste materials discarded for disposal by
households, including single and multifamily residences, and
hotels and motels; and
``(ii) all waste materials discarded for disposal that were
generated by commercial, institutional, municipal, and
industrial sources, to the extent such materials--
``(I) are essentially the same as materials described in
clause (i); and
``(II) were collected and disposed of with other municipal
solid waste described in clause (i) or subclause (I) of this
clause as part of normal municipal solid waste collection
services, except that this subclause does not apply to
hazardous materials other than hazardous materials that,
pursuant to regulations issued under section 3001(d), are not
subject to regulation under subtitle C.
Examples of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies, cosmetics,
glass and metal food containers, and household hazardous
waste. Such term shall include debris resulting from
construction, remodeling, repair, or demolition of
structures.
``(B) Waste not included.--The term `municipal solid waste'
does not include any of the following:
``(i) Any solid waste identified or listed as a hazardous
waste under section 3001, except for household hazardous
waste.
``(ii) Any solid waste, including contaminated soil and
debris, resulting from--
``(I) 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);
``(II) a response action taken under a State law with
authorities comparable to the authorities of such section 104
or 106; or
``(III) a corrective action taken under this Act.
``(iii) Recyclable materials that have been separated, at
the source of the waste, from waste otherwise destined for
disposal or that have been managed separately from waste
destined for disposal.
``(iv) Scrap rubber to be used as a fuel source.
``(v) Materials and products returned from a dispenser or
distributor to the manufacturer or an agent of the
manufacturer for credit, evaluation, and possible reuse.
[[Page H6255]]
``(vi) Any solid waste that is--
``(I) generated by an industrial facility; and
``(II) transported for the purpose of treatment, storage,
or disposal to a facility or unit thereof that is owned or
operated by the generator of the waste, located on property
owned by the generator or a company with which the generator
is affiliated, or the capacity of which is contractually
dedicated exclusively to a specific generator, so long as the
disposal area complies with local and State land use and
zoning regulations applicable to the disposal site.
``(vii) Any medical waste that is segregated from or not
mixed with solid waste.
``(viii) Sewage sludge and residuals from any sewage
treatment plant.
``(ix) Combustion ash generated by resource recovery
facilities or municipal incinerators, or waste from
manufacturing or processing (including pollution control)
operations not essentially the same as waste normally
generated by households.
``(x) Solid waste generated incident to the provision of
service in interstate, intrastate, foreign, or overseas air
transportation.''.
(b) Table of Contents Amendment.--The table of contents of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is
amended by adding after the item relating to section 4010 the
following new item:
``Sec. 4011. International transportation and disposal of municipal
solid waste.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Gillmor) and the gentleman from Michigan (Mr. Dingell) each
will control 20 minutes.
The Chair recognizes the gentleman from Ohio.
General Leave
Mr. GILLMOR. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
to insert extraneous material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. GILLMOR. Mr. Speaker, I yield myself such time as I might
consume.
Mr. Speaker, I want to begin by thanking several cosponsors of this
bill from Michigan, Mr. Rogers, Mr. Dingell, Mrs. Miller, Mr. Stupak,
Mr. Upton, Mr. Camp and many others. The legislation the House is
considering today is the version of H.R. 2491 unanimously reported by
the Committee on Energy and Commerce with two minor technical
amendments; one to correct the year expressed in the bill's title from
2005 to 2006, and the second one to clarify the committee's position as
stated in its filed report that this legislation does not cover solid
waste generated incident to the provision of service in interstate,
intrastate, foreign or overseas air transportation.
Today's consideration of H.R. 2491 has been a long time in coming.
This legislation gives States and localities some control over the
amount of waste that is generated outside of the United States that
they must accept.
To give you an idea of the scope of the problem, we now have almost 4
million tons of municipal solid waste coming into landfills in the
United States from outside the country. My staff has calculated that is
more than 425 truckloads per day.
Current law basically punishes the environmentally responsible and
rewards the environmentally irresponsible. Those States which go to the
expense and the effort to create landfill space are finding their
landfills clogged with waste from those who do not make and will not
make this financial and legal commitment.
While there are many issues in the area of waste from and between
jurisdictions, this bill deals only with the international waste, and
great care has been taken to be sure to only limit itself to
international waste.
Quite simply, this bill gives States the authority, only if they want
to use it, to place limits on municipal solid waste generated in
another country and exported for disposal in the United States.
In addition, the bill provides the necessary legal authority for the
United States to fully implement the U.S.-Canada Waste Agreement. EPA
has testified before the House Energy and Commerce Committee that such
legal authority was necessary for our country to fully meet its
commitments under this pact.
The steps in this bill are ones that must be taken to give meaningful
and needed powers to both Federal and State governments. They are
consistent with the powers granted in the United States Constitution
and the U.S.-Canada Waste Trade Agreement.
We have worked hard to assure that they do not violate any of our
international trade obligations like those in the North America Free
Trade Agreement.
I urge all Members to support this bill, to send a message to other
countries that the United States is not going to be their wastebasket.
I would urge Members to support H.R. 2491.
Mr. Speaker, I reserve the balance of my time.
Mr. DINGELL. Mr. Speaker, I yield myself 4 minutes.
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Speaker, I rise in strong support of H.R. 2491, the
International Solid Waste and Management Act of 2005. I want to express
my particular gratitude and commendations to the gentleman from Ohio
(Mr. Gillmor) and for his leadership and the fine way in which he has
handled this legislation. We in Michigan are grateful to the gentleman
from Ohio and want him to know that he has our appreciation.
This is long overdue. It has been sponsored with great energy by the
Members of this delegation in a bipartisan fashion, Mr. Rogers, Mr.
Stupak, Mr. Upton, Mr. Levin, Mr. Schwarz of Michigan, Mr. Hoekstra,
Mr. Kildee, Mrs. Miller, Ms. Kilpatrick, Mr. Ehlers and Mr. Camp have
all worked very hard to bring this legislation to the floor in the
shape in which it is.
The legislation came out of the Energy and Commerce Committee a year
ago. It requires the Administrator of the Environmental Protection
Agency to enforce the notice and consent provisions of the bilateral
U.S.-Canadian Agreement, an Agreement that the United States signed in
1986, to govern the transboundary movement of hazardous waste, and
amended in 1992 to include municipal solid waste.
Unfortunately, the Administration has made no effort to implement the
bilateral agreement. Legislation was promised ``soon'' by this
Administration more than 3 years ago. It has yet to arrive. The bill
provides criteria to ensure that the views of State and local
governments are properly taken into account in implementing the
bilateral agreement and adds the necessary statutory enforcement
authority.
{time} 1515
The situation in Michigan with regard to Canadian waste continues to
get worse. Since 1996, when Michigan started collecting data, the
amount of Canadian waste being disposed of in Michigan has risen by 335
percent. Essentially, our State is being used as a dumping ground by
the Canadians.
Now, I note that the Administration should be complying with the
notice and consent provisions of the bilateral agreement which requires
that both countries use ``best efforts'' absent regulations. The
bilateral agreement is especially important because Canada is a party
to the Basel Convention and the United States is not. The Basel
Convention specifically prohibits Basel parties from exporting waste to
a nonparty. Thus, the United States-Canadian bilateral agreement is the
only way waste can travel between the two countries at all.
Unfortunately, despite several letters that I, along with our two
capable and hardworking Michigan Senators, Senators Levin and Stabenow,
have sent to the Administration, the White House has decided to turn a
blind eye to the needs of Michigan.
More than 400 trucks carry waste into Michigan every day from Canada.
These are more than just a nuisance. The trucks and the cargo pose an
environmental risk, a security risk, a potential hazard to health, as
well as being detrimental to our roads. And they have even been used to
smuggle narcotics into Michigan.
The citizens of Michigan need action by this Congress, and I am
pleased that we are moving forward in the House. This legislation must
be made a priority in the Senate. It will do much to help a situation
that is intolerable.
While I am pleased with the bill coming to the House floor, and while
Canadian waste makes up the majority of waste imports into Michigan, we
have a significant amount of waste coming in from other States; and as
such, I
[[Page H6256]]
look forward to working with my colleagues on a comprehensive bill
giving the States the right to regulate unwanted trash imports into
their borders.
I urge my colleagues to support the passage of H.R. 2491.
Mr. Speaker, I reserve the balance of my time.
Mr. GILLMOR. Mr. Speaker, I yield 4 minutes to the gentleman from
Michigan (Mr. Rogers).
Mr. ROGERS of Michigan. Mr. Speaker, I thank our chairman and Mr.
Dingell for working so hard and so long to help us put this bill
together, as did Mrs. Miller and Mr. Stupak.
When many people across the country think of Canada, they think of
great trading partners and great allies. They think of hockey great
Wayne Gretzky, Michael J. Fox, Shania Twain, all great contributions to
our society here and good neighbors.
But when the people from Michigan think about Canada, we don't have
that luxury. We think about trash and Canadian trash. We think about
PCBs, soiled coffin waste and medical waste. We think of the loss of
half of our landfill capacity in Michigan to Canadian imports of
household municipal waste.
That is what it looks like and that is where it comes, to the great
State of Michigan. There is no value added to it. It comes and is
thrown into a hole. Because of the fact that they are consuming our
landfill capacity, and coming to a neighborhood near you, my great
State of Michigan is a landfill.
This bill, with the work of so many people, will stop the flow of
Canadian waste. It will give Michigan citizens, and every citizen
across the country in their own States, the ability to make the
determination if they want to take this trash in their landfills.
Just a week ago they talked about, as they have since this bill was
first introduced in 2001, the Canadians said we will reduce the trash
and try to get to our 100 percent recycling rate and we will get back
to you. The problem was since that last verbal promise to do that,
5,500 equivalent garbage trucks have come over the bridge in the last
week. That is 288,000 garbage truck equivalents coming across our
bridge every year for the foreseeable future. It is 11 million cubic
yards a year ending up in Michigan landfills.
Why are we concerned about that? You can see on the far chart there
is human blood dripping out of the back of that truck. You can imagine
what chaos that caused when that truck was coming across the bridge. We
had testimony by a Michigan State police officer that they believed
that there may have even been a human body in that truck. They stopped
it and searched it, and what they found was not a human body, but human
medical waste. That is one mosquito away from an epidemic. It is
dangerous and illegal. We have no way of knowing what other medical
waste is in those trucks. It is impossible to inspect them.
This is really a good-neighbor policy. This says we love our Canadian
friends to the north. We want to continue with the most robust trading
partner we have in the world, but good neighbors don't throw their
trash in another person's yard; and they have been doing it for a long
time.
This bill is important for a couple of reasons. It is balanced. It is
balanced because it directs the EPA to implement the existing U.S.-
Canadian Transboundary agreement; but it also, more importantly, gives
the State of Michigan and every State the ability to make their own
determination if those trucks should continue at that rate coming into
our landfills in the great State of Michigan. It allows Michigan
citizens to be good stewards of their environment. There is no better
place to place that trust and legal authority and that binding
agreement than in the hands of these Michigan citizens.
Mr. Speaker, those PCBs, that blood, we even found illegal drugs
coming across in those trucks, as well as soiled coffin waste. It is
all living proof of what we have endured over these last years.
Today is the day we will stand up and tell our good friends the
Canadians we are tired of getting their trash in the State of Michigan.
Let us be good stewards of our environment.
Mr. Speaker, I thank the chairman for his hard work and all he has
done to bring us to this point and put all of the right people in the
room to make this happen. I thank Mr. Dingell for working with us and
Candice Miller for pushing this vote. This is a vote that will send a
very clear signal to our Canadian friends that we won't put up with
political promises, that we want real action and we want it now.
Mr. DINGELL. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Stupak).
Mr. STUPAK. Mr. Speaker, I thank Mr. Dingell and Mr. Gillmor and
others from the Michigan delegation for bringing forth this bill. It
has been a long time.
I rise in support of H.R. 2491, the International Solid Waste
Importation and Management Act, or what is commonly referred to as the
Canadian trash bill. I encourage my colleagues to support this
legislation which is needed to help control over 400 trucks a day that
cross the border from Canada, bringing tons of trash mostly into
Michigan, but also to other States.
The unregulated flow of trash into Michigan and other States creates
significant environment and public health concerns. Even more alarming,
a January 2006 audit conducted by the Department of Homeland Security
has shown that these trucks are often found containing human blood,
medical waste, illegal drugs, and illegal currency. The report raises
significant border security and national safety concerns that must be
addressed.
Currently, States and local governments are not allowed to control
the trash coming in from out of their State. This Canadian trash bill
will give residents of Michigan and other States the power to limit the
trash from outside of the United States that they are forced to accept.
I have repeatedly requested that President Bush and the Republican
leadership support this legislation. I am pleased that the Republican
leadership is finally allowing its consideration more than a year after
our Energy and Commerce Committee unanimously approved this bill in our
committee.
I will continue to work to encourage the administration to finally
support us in addressing Michigan's ongoing problem with imported waste
from Canada.
Last week Senators Stabenow and Levin announced a landmark agreement
that will go a long ways toward eliminating Canadian trash imports. By
2010, Ontario has agreed to stop the shipment of all municipal garbage
to Michigan. This is a significant step forward in eliminating trash
imports to the United States, and I commend Senators Stabenow and Levin
for their fine work.
Along with this agreement, the Canadian trash bill we are currently
considering will help limit the flow of trash from Canada. Given the
environment, public health, border security and national safety
concerns, it is especially important that we act immediately to limit
the flow of municipal waste from Canada.
I urge my colleagues to vote ``yes'' on H.R. 2491. I thank the
gentleman for yielding me this time.
Mr. GILLMOR. Mr. Speaker, I yield 3 minutes to Mrs. Miller from
Michigan.
Mrs. MILLER of Michigan. Mr. Speaker, the nation of Canada is really
a great friend to America in so many ways, but it is not very
neighborly to unapologetically dump your garbage on your neighbor, and
that is what has been happening in Michigan for decades.
Every day in Michigan, hundreds of huge trucks loaded with Canadian
garbage come across the Blue Water Bridge in my district, and they dump
their garbage in Michigan landfills. For decades, the Michigan
legislature, both Republicans and Democrats, have tried to pass laws
that would stop this ridiculous situation, but we have always been told
that only Congress has the authority to stop it by passing legislation
in both the House and the Senate.
Mr. Speaker, I, along with my colleagues in the House, both
Republicans and Democrats, have pushed and prodded and persuaded the
House leadership to allow us to vote on this legislation.
This legislation will allow the State legislatures the right to block
foreign trash while the EPA promulgates a rule over a 2-year period to
make the ban permanent. If the House passes this bill today, and I
sincerely hope
[[Page H6257]]
that we do, the House will have done its duty.
But according to Michigan's two United States Senators, companion
legislation which has been languishing in the Senate has little, if
any, chance of going forward because you see, Mr. Speaker, Michigan's
two Senators secretly negotiated a personal agreement with the Province
of Ontario that effectively stops our ability to stop Canadian trash.
Michigan's two Senators agreed not to push any legislation in the
Senate and not to push any inspection fees of those trucks and agreed
not to do anything apparently on this issue for the next 4 years.
And in return, the Canadians have agreed to phase out over the next 4
years about one-third of the garbage that they dump in Michigan today.
What about the other two thirds? Apparently there is no problem. We are
going to just stand back and let those trucks keep coming.
No wonder the Canadians have been celebrating in the last week. They
cannot believe their good luck. Just when the United States Congress
finally is set to pass legislation that will stop Canadian trash, the
two Senators from Michigan save them.
I am not going to question the motives of my two Senators. Obviously,
they want to stop Canadian trash, but the motivation of the Canadians
is very clear. In fact, when asked by the Canadian media why they would
have agreed to this deal, the environmental ministry spokesperson said,
``Our garbage trucks could have been turned back from the border as
early as January of 2007. We needed to find a solution to avert that.''
The Canadians knew very well we were going to have this vote today.
They needed a solution. I hope they haven't found it.
In fact, I had one reporter tell me in fairness to the Senators, they
thought their agreement was for all of the trash. They didn't realize
it was only for one-third. Well, we should have had some other people
included in the secret negotiation with the Canadians, and somebody
could have pointed that fact out.
Mr. Speaker, I urge my colleagues, both Democrats and Republicans, to
vote ``yes'' on this bill and to work together to encourage action in
the Senate.
Mr. DINGELL. Mr. Speaker, I yield 6 minutes to Mr. Levin from
Michigan.
(Mr. LEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LEVIN. Mr. Speaker, as one of the cosponsors of H.R. 2491, I rise
in strong support of this measure.
This issue of waste coming into Michigan from Ontario is one of great
concern to the people I represent and to others; and I appreciate, Mr.
Dingell, your efforts and that of others to move this legislation.
Let me just try to put this in perspective.
Recently, a breakthrough occurred after years of inaction, years of
inaction. It is the agreement announced by our two Senators from
Michigan with the Government of Ontario. Under this agreement, there is
a phasing out of municipal waste shipments from Canada over the next 4
years. Under the agreement, some 2.78 million metric tons of waste will
stay in Canada and not come to Michigan over the first 4 years alone.
We for a long time have been asking for action on the bill before us
today.
{time} 1530
A bipartisan group of ten representatives wrote to Speaker Hastert
last November to urge expeditious consideration. That bill had been
approved by the full Energy and Commerce Committee 14 months ago. We
wrote twice to Speaker Hastert to urge him to schedule this
legislation. As mentioned, there was a letter November 3, and all but
one member of the Michigan delegation signed a second letter to the
Speaker on May 16.
I will insert these two letters into the Congressional Record.
Washington, DC,
November 3, 2005.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker. We write today to request that H.R. 2491,
the International Solid Waste Importation and Management Act
of 2005, be brought to the floor for consideration as
expeditiously as possible before our target adjournment date
of November 18.
As you know, in June H.R. 2491 passed both the Energy and
Commerce Subcommittee on Environment and Hazardous Materials
and the full Committee by voice vote.
The issue of waste coming into Michigan from Ontario,
Canada for disposal is one of great concern to the people we
represent. Currently, more than 400 trash trucks come across
the bridge into the Michigan each day. The goal of H.R. 2491
simply is to implement and enforce an existing bilateral
agreement that has been too long ignored and to give states
some tools to manage foreign municipal solid waste being
disposed of within its borders.
As you know, H.R. 2491 is the bipartisan product of hard
work and tough negotiations. We made every attempt to provide
the people of Michigan, as well as other states, with some
relief while not affecting or amending any prior law relating
to the need for consistency with international trade
agreements. H.R. 2491 is a good bill that meets the needs of
all concerned.
Thank you for your attention to this matter.
Sincerely,
John D. Dingell, Sander Levin, Peter Hoekstra, Dave Camp,
Bart Stupak, Carolyn C. Kilpatrick, Mike Rogers, Dale
Kildee, Fred Upton, Joe Schwarz.
____
Washington, DC,
May 16, 2006.
Hon. Dennis Hastert,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker. We write again today to request that HR
2491, the International Solid Waste Importation and
Management Act of 2005, be brought to the floor for
consideration as expeditiously as possible. You will remember
that we wrote you in November 2005 with the same request.
Unfortunately, the bill did not make it to the floor by the
end of last year as we had urged in our last letter.
In June, HR 2491 passed both the House Energy and Commerce
Subcommittee on Environment and Hazardous Materials and the
full Committee by voice vote. As you know, voice votes are
traditionally saved for only the most non-controversial
bills.
The issue of waste coming into Michigan from Ontario,
Canada for disposal is one of great concern to the people we
represent. Currently, hundreds of trash trucks come across
the bridge into Michigan each day. Just recently, human waste
was spilled onto a Michigan road from a Canadian trash truck.
This is the second such incident since March 2005.
This is also a national security issue. In January, the
Department of Homeland Security Office of Inspector General
issued a report--originally labeled ``For Official Use
Only''--which found that U.S. Customs ``does not have an
effective method to screen and inspect the 350 truckloads of
municipal solid waste that enter the U.S. daily through the
Detroit and Port Huron ports of entry.'' The report was
released to the public by Senate Permanent Subcommittee on
Investigations Chairman Norm Coleman and Ranking Member Carl
Levin.
The goal of HR 2491 simply is to implement and enforce an
existing bilateral agreement that has been too long ignored
and to give states tools to manage foreign municipal solid
waste being disposed of within its borders.
As you know, HR 2491 is the bipartisan product of hard work
and tough negotiations. We made every attempt to provide the
people of Michigan, as well as other states, with some relief
while not affecting or amending any prior law relating to the
need for consistency with international trade agreements. HR
2491 is a good bill that meets the needs of all concerned.
Thank you for your attention to this matter and we look
forward to expeditious floor consideration.
Sincerely,
John D. Dingell, Sander Levin, Dale Kildee, John Conyers,
Joe Schwarz, Carolyn C. Kilpatrick, Thaddeus McCotter,
Dave Camp, Vern Ehlers, Fred Upton, Pete Hoekstra, Bart
Stupak, Mike Rogers, Joe Knollenberg.
Mr. LEVIN. Mr. Speaker, I do not understand, in view of the
importance of this legislation and, indeed, the light workload of the
House this year, why this bill was not brought up months and months
ago. Now it is being brought up at the 11th hour, with only 14 or 15
legislative days left before Congress adjourns for the elections.
Fourteen months were wasted before this bill was brought up.
And it is not clear at all that the legislation can move in the
Senate. Indeed, in an article just this morning in the Congress Daily,
a spokesman for the chairman, the Republican chairman, of the Senate
Environment and Public Works Committee indicated that the committee has
no plans to hold a hearing on this legislation before Congress adjourns
or recesses for the election.
Here is a consideration in addition regarding H.R. 2491, and I have
read it. If it were to be made a law through passage in this Congress,
I think it is likely that there would be lengthy litigation and
therefore a further delay in meaningful reduction of trash exports
[[Page H6258]]
to Michigan for years. So this bill says the EPA has 2 years, up to 2
years, and in the meanwhile, States could take action, but I think
there is a real probability that there would be litigation in the
meanwhile. And so because of what the Senate spokesman has said, with
no likely action in the Senate, and other problems, we have before us a
bill that I strongly support, but it should not be the basis for an
attack on what was done by the two Senators from our State of Michigan.
No basis whatsoever.
There has also been a mischaracterization of what our two Senators
said. They did not say they do not support 2941. They said they support
it. They had presented some amendments to the Homeland Security bill,
and that helped to instigate action by Ontario to do something. To do
something. And now there is an agreement that will lead to a
substantial reduction of the trash that is coming in from Ontario.
So, look, I would hope that there would be some limitation, some
limitation, on partisanship within this House. Apparently there
continues to be little, if none. That agreement was a step forward. It
was not everything, but after years of inaction in this House, after at
least months after action by the committee, something has happened that
will bring about a reduction under this agreement.
So what we should be doing today, instead of engaging in
partisanship, is saying, look, there is an agreement. It is a step
forward. Congratulations. We have this bill. It would go beyond it. We
hope the Senate will act. We are sorry that the Senate Republican
spokesman said they would not take it up. Let us unite to see if we can
get action by the Senate.
So under those conditions, I very much rise in support of this bill
and hope the full picture will be understood, not misrepresented.
Mr. GILLMOR. Mr. Speaker, I yield myself such time as I may consume.
Just a couple of points. I have been advised that when the Canadians
entered into this so-called agreement, they referenced the passage of
this bill, H.R. 2491, as a reason for doing that. I am also a little
confused by the position of the gentleman from Michigan, who first said
he supported the bill and then said if we passed the bill, it could
result in litigation that would delay the stopping of the garbage. So I
am not sure what his position is.
Mr. LEVIN. Mr. Speaker, will the gentleman yield?
Mr. GILLMOR. I yield to the gentleman from Michigan.
Mr. LEVIN. Look, I said the EPA would have up until 2 years, and in
the meanwhile, States could act, and I said it is thought by many
observers that there would be litigation. I don't favor litigation. But
there might well be litigation in terms of the power of the States as
delegated from this House.
All I am saying, sir, is, look, there was reference to this
legislation. There was also reference to the reality that there were
amendments in the Senate that were going to put a squeeze on Ontario.
I acknowledge the importance of this bill. I am sorry it did not
occur earlier, and it comes up at the 11th hour after a number of us
wrote to the Speaker saying, bring it up, and most of us, not all of
us, signed those letters. And here it is, the 11th hour, and now it is
being brought up. Good. It is better late than never. It would also be
nice if we could have an agreement from the Senate to act. And the two
Senators from Michigan have said, when they announced this agreement
with Ontario, they supported this bill. So no one should get up on the
floor and say otherwise.
Mr. GILLMOR. Mr. Speaker, reclaiming my time, let me just point out
that in the Detroit News, it was reported on September 1 that the
environmental ministry spokesman from Ontario, Kate Jordan, said the
deal was prompted by fear of this bill's becoming law and that Michigan
might stop all trash shipments within 30 days.
Now, I am not critical of the Senators, and I haven't been, for
trying to negotiate a deal. But I do want to point a couple things out.
First of all, anybody could sue for anything; so you may have
litigation. But the fact of the matter is we went to great lengths to
be sure that this complied with both NAFTA and the U.S.-Canadian
transboundary agreement.
The other point is that the so-called deal with the Canadians is not
in any way legally enforceable. All you have is a promise that they
will do that. They can turn around tomorrow or next week or next month
and take that back.
So there is one legally enforceable way to protect Michigan and the
other States, and that is passage of H.R. 2491.
Mr. Speaker, I reserve the balance of my time.
Mr. DINGELL. Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, this has been, I think, a very useful and very
respectful debate. It has been one which does credit for all concerned,
and I repeat my commendations to my colleagues who have done such a
fine job of bringing this legislation to the floor, and I particularly
commend my friend from Ohio, Mr. Gillmor, for his labors.
We have before us in Michigan a situation which we clearly find
intolerable. It is one which has to have something done. Happily, over
here, we have been able to get this legislation to the floor. I hope
that this bill will be taken up by the Senate in proper fashion and
time so that it can go to the President and can be signed and become
law. That would be wonderful.
I also hope that the deal which has been cut by our two Senators will
be able to bear fruit because it will result in termination of a
massive amount of waste coming in from Canada if it is implemented
according to its terms.
I want to commend also our Senators, and I think our people back home
are very appreciative of what the Senators did because what they have
accomplished is to give us something which will have immediate effect
if the agreement is honored by the Canadians. I have received
assurances from our senior Senator that our Senators will do everything
possible to get this legislation which we are now considering, H.R.
2491, enacted into law in the Senate.
We have two arrows rather than one for our bow. We are able to move
forward towards the implementation of the agreement achieved in the
Senate; and we are able, with the help of everybody concerned,
including the leadership in the Senate, to move forward on a piece of
legislation which will offer significant relief to our State. Much more
will remain to be done after we have concluded, but at least we are
beginning to make strides forward, and we are doing so in two ways, in
two places, with prospects of success for each.
I urge us not to fall into any partisan arguments here.
Mr. Speaker, I reserve the balance of my time.
Mr. GILLMOR. Mr. Speaker, I yield myself such time as I may consume.
I had some other speakers but they are not here. So let me just say
that I hope we can pass this bill. And I want to echo what my colleague
from Michigan (Mr. Dingell) said. This is not a partisan issue. And I
very much appreciate the way that Members, particularly of our
Committee on Energy and Commerce, have been able to come together and
move this bill unanimously, and hopefully we can see it move further in
the other body.
Mr. DINGELL. If the gentleman will yield, to that I say a very pious
amen.
Mr. KNOLLENBERG. Mr. Speaker, I rise to express my strong support for
H.R. 2491, the International Solid Waste Importation and Management Act
of 2005.
For many years, Canada has shipped significant amounts of solid waste
into the United States each year, with a large percentage of it going
to the State of Michigan. In 2004, Canadian trash imports represented
18 percent of all the trash disposed of in Michigan. The State of
Michigan receives approximately 350 truck loads of trash every day--or
over 12,000 truck loads a year--from Ontario.
Despite heightened border security that has been imposed following
the September 11, 2001, terrorist attacks, which include stricter
inspections of all truck shipments passing through international
borders, the importation of substantial amounts of solid waste into the
United States each year from Canada poses a serious security threat to
the State of Michigan and other border States which accept imported
trash. Moreover, it poses environmental and health risks to these
States.
States must have the ability to address these matters as they deem
fit. H.R. 2491 is necessary in order to provide States with the power
to address these issues, as the U.S. Supreme Court and other Federal
courts have consistently ruled that, pursuant to the Interstate
Commerce Clause of the U.S. Constitution, States cannot restrict out-
of-State trash from their landfills.
[[Page H6259]]
Previous agreements regarding the import of trash from Canada have
had no legal standing and were not enforceable. This legislation will
finally allow the U.S. and the State of Michigan to set for themselves
legal, enforceable boundaries for the importation of municipal solid
waste.
I urge all of my colleagues to support the passage of H.R. 2491.
Mr. CONYERS. Mr. Speaker, I rise in strong support of H.R. 2491, the
International Solid Waste Importation and Management Act of 2005.
Riverview and other downriver communities in my district have had to
cope with hundreds of trucks full of Canadian trash rumbling down their
streets on a daily basis for years. These trucks pass through our
communities en route from the Ambassador Bridge to traffic dumps to the
west. You can imagine the traffic congestion, environmental, and
quality-of-life problems these truckloads of trash have created.
Local activists like Mr. George Read of Trenton and State
Representative Kathleen Law have been working tirelessly alongside our
congressional delegation to put an end to this never-ending flow of
trash, and I am very pleased that the House today is taking a step
toward that goal. If adopted, H.R. 2491 would give States the power to
restrict the importation of foreign waste. Under current law, only the
Federal Government is able to make such restrictions.
Mr. Speaker, let us not overlook the fact that H.R. 2491 has been
awaiting floor consideration since it passed the Energy and Commerce
committee 14 months ago. Our delegation has had to send two letters to
get Speaker Hastert to finally bring this important legislation to the
floor. We now have only about 15 days left in session before we break
for the elections, and it will be a tall order for this bill to make it
through committee and the full Senate during that time. Indeed, the
Republican chairman of the Senate Committee on Environment and Public
Works has already announced that he does not foresee consideration of
this legislation any time soon.
I want to commend Senators Levin and Stabenow and Congressman Dingell
for the deal they have worked out with Ontario's Minister of the
Environment to halt the importation of Canadian municipal waste over
the next 4 years. The Bush administration and the Republican Congress
have wasted many years and numerous opportunities to address this issue
both through legislation and by implementing a bilateral agreement
between the U.S. and Canada already on the books since 1992. Our
constituents were fed up with this inaction, so our Michigan Democratic
legislators took the initiative to negotiate an agreement that will
reduce the importation of Canadian municipal trash immediately, and end
it completely in 4 years. Republicans can complain about our
legislators taking matters into their own hands, but the fact is that
the Republicans have failed to do a thing to address this serious
problem. The negotiated agreement is a step in the right direction, as
is passage of this bill.
Mr. CAMP of Michigan. Mr. Speaker, as a strong supporter and
cosponsor of the International Solid Waste Importation and Management
Act, I am pleased that the House of Representatives will soon vote on
this important bill.
My home State of Michigan continues to be on the receiving end of
millions of tons of imports of Canadian trash. According to data from
the Congressional Research Service, in 2004 nearly two-thirds of
Michigan's total waste imports, about 2.8 million tons, came from the
Canadian province of Ontario. In response to this growing problem, H.R.
2491 provides States the authority to enact laws or regulations to
limit the transportation and disposal of foreign municipal solid waste.
Residents in Michigan have long sought a legally binding and
enforceable solution that stops the flow of Canadian trash into the
State.
For too many years Michigan has been a dumping ground for waste
coming in from Canada. When the city of Toronto closed its landfill in
2002, the city sent its trash to Michigan instead of building a new
landfill or transporting it to another Canadian location. Toronto's
actions compounded the trash flow problem in Michigan and further
incensed the State's residents who consider this issue an environmental
concern, a transportation problem, and a public health worry. The State
of Michigan and other States should have the authority to protect its
citizens. Governments at all levels, Federal, State, and local should
have the tools to safeguard residents from potential public health and
safety risks. Foreign municipal trash is flooding Michigan's borders
with virtually no inspection. Hospital waste and other hazardous waste
can, and does, make its way to Michigan. I am a fervent supporter of
policies that ensure a free-flow of commerce at the U.S. and Canada
border. But, States should have the ability to protect residents from
shipments that may pose risks to public health and the environment.
The International Solid Waste Importation and Management Act is the
right answer to stopping foreign shipments of municipal waste. While
negotiating contracts with landfill operators may sound like a good
solution, it does not go far enough. Congressional approval of H.R.
2491 will ensure that States have the authority to prevent foreign
waste from crossing our borders. Governors should have control over
what enters their state. Such decisions should not be left to private
business interests. Importantly too, passage of H.R. 2491 will carry
the force of U.S. law.
Instead of clogging Michigan bridges and roads with dump trucks
destined for Michigan landfills, it is high time Canada keep its own
trash. I urge my colleagues to vote for H.R. 2491 and allow States to
reject foreign shipments of municipal waste.
Mr. KILDEE. Mr. Speaker, I rise today to offer my support for H.R.
2491, the International Solid Waste Importation and Management Act. I
am a cosponsor of this important bill.
Mr. Speaker, the importation of all foreign trash is an issue that is
of great concern to the people of Michigan. Time and again the people
of my state have made it clear they do not want foreign trash coming
into Michigan. Congress has had numerous opportunities to address this
problem, either through legislation or the implementation of a
bilateral agreement between the U.S. and Canada from 1992, which would
allow Michigan to manage foreign waste being disposed of within its
borders.
The growing amount of foreign trash coming into Michigan is clogging
our roadways, increasing the health and safety risks in our state. In
the last 3 years, the number of trucks coming from Canada has roughly
doubled, from 180 per day to over 350 per day. Since that time,
multiple incidents have occurred where Canadian trash trucks have
spilled waste onto Michigan roadways. Owners of two major Michigan
landfills are near capacity and state officials claim that in 20 years,
there won't be any more landfill space available. It is no
overstatement to say the Great Lakes heritage we take so much pride in
is at risk if something is not done. We need to protect our
environment.
The escalating importation of Canadian trash also constitutes a
security threat. In January, the Department of Homeland Security Office
of Inspector General issued a report, later released to the Senate
Permanent Subcommittee on Investigations, which found that U.S. Customs
does not have an effective method to screen and inspect the hundreds of
truckloads of municipal solid waste that enter the U.S. daily through
the Detroit and Port Huron ports of entry. In this day and age, Mr.
Speaker, such lack of inspection is unacceptable.
H.R. 2491 has broad, bipartisan support, reinforced by its clear
passage through the House Energy and Commerce Committee in 2005 by a
voice vote without objection.
Once again, Mr. Speaker, I add my support for H.R. 2491 and call for
its passage.
Mr. DINGELL. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. GILLMOR. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Ohio (Mr. Gillmor) that the House suspend the rules and
pass the bill, H.R. 2491, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________