[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.

                          ____________________