[Congressional Record Volume 153, Number 66 (Tuesday, April 24, 2007)]
[House]
[Pages H3792-H3797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTERNATIONAL SOLID WASTE IMPORTATION AND MANAGEMENT ACT OF 2007

  Mr. WYNN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 518) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 518

       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 2007''.

     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

[[Page H3793]]

     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.
       ``(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 
Maryland (Mr. Wynn) and the gentleman from Michigan (Mr. Rogers) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. WYNN. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to insert extraneous material into the Record on the pending bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. WYNN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in strong support of H.R. 518, the 
International Solid Waste Importation and Management Act of 2007.
  This legislation is a culmination of efforts that began with the 
introduction of the international waste bill in the 104th Congress and 
has been introduced by our committee chairman, Mr. Dingell; and 
sponsored by all the members of the Michigan delegation, including Mr. 
Rogers, Mr. Stupak, Mr. Upton, Mr. Ehlers, Mr. McCotter, Mr. Levin, Mr. 
Conyers, Mr. Kildee, Mrs. Miller, Ms. Kilpatrick, Mr. Camp, Mr. 
Knollenberg, Mr. Hoekstra, and Mr. Walberg. I want to thank and 
congratulate all these Members for their tireless efforts to move this 
legislation to the floor.
  In March this legislation was reported out of the subcommittee which 
I chair, the Subcommittee on the Environment and Hazardous Materials, 
and out of the full Committee on Energy and Commerce.

                              {time}  1300

  This legislation, which has a long history of bipartisan support, is 
long overdue in providing States and localities control over the amount 
of international municipal solid waste that they are forced to accept.
  The extent of this problem is exemplified by the millions of tons of 
solid waste that is trucked into this country at the rate of 
approximately 350 truckloads per day. The volume of the international 
solid waste that comes into this country on a daily basis places an 
undue burden on the States' and localities' landfill capacities, as 
well as their roads and infrastructure, solely at the expense of the 
States and localities.
  This legislation seeks to address these concerns by providing the 
States with the authority to place limits on the amounts of 
international municipal solid waste that they will accept. It will give 
the States and the EPA clear authority to safely manage solid waste 
disposal and to control waste volumes in the best interests of the 
States and the Nation as a whole.
  In addition, H.R. 518 provides the necessary legal authority for the 
United States, through the Environmental Protection Agency, to fully 
implement the 1986 Trans-Boundary Movement of Hazardous Wastes and 
Other Wastes Agreement between the United States and Canada. These are 
simple steps that will provide the legislative authority to the Federal 
and State governments, and are also consistent with the powers 
enumerated in the United States Constitution and our international 
trade obligations and agreement. I urge my colleagues to support the 
passage of this very important and bipartisan bill.
  Madam Speaker, I would reserve the balance of my time.
  Mr. ROGERS of Michigan. Madam Speaker, I yield myself such time as I 
may consume.
  I first want to thank John Dingell, a friend and colleague and 
chairman of the Energy and Commerce Committee, for working with us on 
putting together what I think is a great product, and really the first 
opportunity we are going to have in Michigan, I think the first really 
good opportunity to say ``no'' to Canadian trash. And for that, sir, I 
thank you. And Mr. Wynn, sir, thank you as well for working with us and 
standing tall, which is really an important issue. Michigan gets hit 
hardest, and your care and concern for those of us in the north is 
greatly appreciated.
  Right now, the current law allows trash to move across international 
borders and States can do nothing to regulate this waste, as Congress 
has not given them the authority to do so. Canada has for years taken 
advantage of this situation by turning Michigan into the dumping ground 
for Ontario's trash. This bill, the fourth of its kind, really, since 
2000, gives States the authority to regulate Canadian waste and directs 
the EPA to implement the existing U.S.-Canada Trans-Boundary Agreement. 
More importantly, it gives Michigan the authority to regulate trash 
coming from Ontario, no matter how the EPA chooses to implement that 
trans-boundary agreement.
  In 2006 alone, over 3.6 million tons of Canadian trash was dumped in 
our great State of Michigan. As we lose landfill space, shipments of 
Canadian waste continue to increase every year, and this year was no 
exception, Madam Speaker.
  While my colleagues and I have been trying to pass this law, the 
problem has only gotten worse. Since 2001, when I introduced the first 
bill to fight Canadian trash, over 17 million tons of garbage have been 
driven across the border and dumped into our back yards.
  Since our first attempts to fix this problem, annual garbage loads 
from Canada have tripled. Of all the trash Canada sends to the United 
States, 90 percent of it ends up in Michigan. Six years ago, just 10 
percent of the waste disposed in Michigan landfills came from Canada; 
today, that has doubled to 20 percent. Over 400 garbage trucks over a 
single day rumble through our neighborhoods and deposit and unload 
their waste in Michigan landfills.
  Without the ability to regulate this out-of-control surge in Canadian 
waste, Michigan communities can only sit back and watch the trash pile 
up. And what have we been getting and why is this a concern? We have 
had human blood dripping from trash trucks; stopped the whole bridge 
crossing for almost 6 hours on one occasion as the local police tried 
to determine the cause of it. It turned out it was hazardous medical 
waste. Thank God it wasn't a body. But we didn't know, and there is no 
good way to search those trucks to find out. We had to find out because 
human blood was dripping from the back of a garbage truck.
  We have found drugs in those garbage trucks. We have found, in the 
dumps that receive Canadian trash, that PCP levels have increased. It 
is a true and real environmental and security problem, not just for 
Michigan, but for the United States, that we don't get a handle and say 
to our good friends to the north, this is an unneighborly thing to do, 
let's work this out.
  When we anticipated years ago in Michigan that we would cite 
landfills, which is a very difficult thing to do, we had 20 years' 
worth of capacity; pretty hard thing to do. You go in through 
neighborhoods, and we cited these landfills. And we did the right thing 
for the right environmental reasons. And because of Canada, we believe 
that our

[[Page H3794]]

landfill capacity, because we were diligent and were trying to protect 
our environment in the future, may have been cut in half because of 
Canada's inability to deal with their own household municipal garbage 
problem.
  The best part of this is that in Canada they actually allow its 
provinces to restrict intraprovince waste. So if you think about this, 
Saskatchewan could say ``no'' to Ontario's trash, while Michigan is 
compelled by law to take it. That is a problem. And again, I argue, it 
is unneighborly, and we should be able to fix this problem.
  It is important to note that this bill would not impact State 
shipments of trash, commercial waste streams; it is only that household 
municipal waste, that trash that is at the end of the revenue stream 
where you dig a big hole and you throw it in, that is the only trash 
that this bill narrowly focused on. 518 is a balanced, narrow NAFTA-
compliant bill that gives Michigan and other States the authority they 
need to be good stewards of their land.
  Ladies and gentlemen, and Madam Speaker, Michigan needs your help. My 
colleagues and I urge the support of this important bill.
  I again want to thank Chairman Dingell and Chairman Wynn for their 
help and assistance in what really is not only an environmental issue, 
but a national security issue as well.
  Madam Speaker, I reserve the balance of my time.
  Mr. WYNN. It gives me great pleasure at this time to yield 5 minutes 
to the distinguished gentleman from Michigan (Mr. Dingell), the 
chairman of the Energy and Commerce Committee.
  (Mr. DINGELL asked and was given permission to revise and extend his 
remarks.)
  Mr. DINGELL. Madam Speaker, I rise in strong support of H.R. 518, the 
International Solid Waste Management Act of 2007. This legislation is 
of the greatest importance to our people in Michigan, and it has been 
sponsored with great enthusiasm by all members of the Michigan 
delegation in a completely bipartisan fashion.
  Mr. Rogers, Mr. Stupak, Mr. Upton, Mr. Ehlers, Mr. McCotter, Mr. 
Levin, Mr. Conyers, Mr. Kildee, Mrs. Miller, Ms. Kilpatrick, Mr. Camp, 
Mr. Knollenberg, Mr. Hoekstra and Mr. Walberg have all been important 
supporters of this bill. And I want to pay particular tribute to my 
colleague from Michigan (Mr. Rogers) for his leadership.
  I also want to thank the distinguished Chairman of the Subcommittee 
on Environment and Hazardous Materials for his leadership and for his 
help and for the way that he has taken care of us in Michigan in making 
it possible for this legislation to be on the floor at this particular 
time.
  The gentleman from Maryland is an extremely effective and able 
leader, and we are not only grateful to him, but also to our dear 
friend, Mr. Gillmor, who moved it for us in the last Congress.
  The legislation is identical to the bill that passed the House of 
Representatives without opposition last September. In this Congress it 
was reported out both by the Subcommittee on Environment and Hazardous 
Materials and the full Committee on Energy and Commerce by voice vote, 
without dissent.
  I would point out that it requires the EPA to enforce the notice-and-
consent provisions in the bilateral U.S.-Canadian agreement, an 
agreement which was signed by the United States and Canada in 1986 to 
govern trans-boundary movement of hazardous waste, and amended in 1992 
to include municipal solid waste.
  I note now that the administration should comply with the notice-and-
consent provisions which require both parties to use best efforts, 
absent regulation. Unfortunately, the needed efforts by the 
Administration have not been forthcoming. Although legislation was 
promised to be delivered ``soon'', by the Administration it has yet to 
appear.
  Michigan's ability to manage the importation of solid waste is 
crucial to the comprehensive and environmentally sound waste management 
that the State of Michigan wants to have. Since 1996 when Michigan 
first began collecting the data, we have seen a 350 percent rise in the 
amount of Canadian waste disposed in Michigan, going from 2.7 million 
cubic yards to 12.1 cubic yards.
  As mentioned by Mr. Rogers, better than 400 trucks haul this waste 
across the bridges every day from Canada into Michigan. Not only is 
this waste an obnoxious substance, but it is a hazard to travelers and 
to our roads. It is also an environmental risk, a security risk, and a 
hazard to the health and security and safety of our people.
  This legislation would ensure that the U.S.-Canadian Agreement is 
properly implemented and properly enforced. 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 the bill 
adds the necessary enforcement authority so that this can be dealt with 
fully, completely, and properly.
  The legislation would also give not just Michigan, but all of the 
States, more authority to regulate foreign waste until the 
Environmental Protection Agency's rules and regulations go into effect. 
This is extremely important, as all of my colleagues in Michigan and 
elsewhere know.
  I want to say that I am pleased that the House is moving forward. I 
commend my colleagues in the Michigan delegation for the extraordinary 
cooperation, leadership and energy with which they have addressed this 
problem. And I want to again thank and express my deep gratitude to the 
Chairman of the Subcommittee, my good friend from Maryland (Mr. Wynn) 
for the fine leadership which he has shown in this matter
  Mr. ROGERS of Michigan. Madam Speaker, I will now yield 2\1/2\ 
minutes to the distinguished lady from Michigan, the former Secretary 
of State there, a distinguished Member in this body, Candice Miller.
  Mrs. MILLER of Michigan. Thank you. I certainly appreciate the 
gentleman yielding time to me.
  Madam Speaker, my home State of Michigan shares a very long liquid 
border with the nation of Canada. We have a very strong and we have a 
positive relationship with our neighbors to the north; but one issue 
that has festered in recent years is the fact that Canada has made 
Michigan a dumping ground for their trash. In fact, all of the 
municipal waste from the city of Toronto, 100 percent of it all, is 
carried across the border and dumped in our home State of Michigan. I 
do not find this to be very neighborly. In fact, if you come to the 
Blue Water Bridge in St. Clair County, which is in my district, you can 
literally see, sometimes as far as the eye can see, these trucks lined 
up to enter into our country just brimming with Canadian trash. They 
are obviously congesting our roads, they are clogging this very vital 
border crossing, they are tearing up our highways, and they are 
threatening the safety of our drivers.
  Pine Tree Acres, which is one of the largest landfills in Michigan, 
is in my district, it's in Lenox Township, and every day you can drive 
down and see a mountain of trash that is growing higher and higher 
because of all of the influx of Canadian trash that is being dumped 
there. And most Michigan communities plan very prudently to meet the 
solid waste needs of our citizens. We all took a lot of pride in 
planning for that. But now with the influx of all of this foreign 
trash, the Canadian trash, landfills across the State are overflowing 
and they are reaching their capacity years sooner than was ever 
anticipated by the local municipalities.
  Much of this trash presents enormous health and safety hazards to our 
communities as well, and to our residents. Some of the trucks have even 
been found to be ferrying illegal drugs into our communities. And just 
to give one example of the kind of dangerous trash that is being 
imported, just last year a Canadian truck spilled human waste, which I 
think Mr. Rogers referred to as well, all the way along a highway in 
our State, and this is simply unacceptable. In fact, I find it rather 
ironic that Canada has a reputation of being environmentally conscious 
because it seems they are employing something of a double standard 
here. They find it perfectly acceptable to use Michigan as their own 
personal garbage can for their waste, but God forbid that they would 
pollute their own environment and endanger their own citizens with this 
trash.

[[Page H3795]]

  Madam Speaker, the people of Michigan have had enough, but presently 
they have no ability to stop the flow of foreign trash, and this 
legislation does give them that ability. So I would urge all of my 
colleagues to stand with the people of Michigan and every community in 
our Nation, to give them the ability to protect our environment and to 
control the flow of foreign trash into our landfills by supporting this 
very important legislation.
  Again, I appreciate our colleagues' responsible action on this.
  Mr. ROGERS of Michigan. Madam Speaker, I would yield 3 minutes to the 
distinguished gentleman, who has worked tirelessly on this effort in 
the past and has helped us craft this piece of legislation, Mr. Gillmor 
of Ohio.

                              {time}  1315

  Mr. GILLMOR. Madam Speaker, I very much appreciate the gentleman 
yielding, and I am pleased to rise in support of this bill.
  I introduced a similar bill in the last Congress with the 
cosponsorship of my friends Mr. Dingell and Mr. Rogers and much of the 
rest of the Michigan delegation. We were successful in getting it 
passed last year, but the Senate did not act. I am proud to join as a 
cosponsor with those gentlemen in this effort this year, and I hope we 
get better luck in the Senate in this session.
  This is a commonsense bill. It gives authority to the States to 
regulate foreign waste which is being dumped in our landfills. The 
process of planning, developing and maintaining landfills is often 
contentious and often very expensive. Our communities should not be 
forced to sit back and watch as their resources are overwhelmed with 
trash from outside the United States.
  International waste, as has been mentioned, has become a tremendous 
burden for my neighbors to the north in the State of Michigan. And 
while much of the foreign waste coming into the United States 
ultimately ends up in Michigan, this is an issue for all Americans. Our 
landfills are an important resource, and I believe there will come a 
day when Michigan's landfills have a sign outside that reads ``Landfill 
full. Continue to Ohio.'' It is that domino effect that makes 
international waste a national problem.
  The current law rewards the environmentally irresponsible, those who 
won't make the investment and face the issue of creating landfill 
space. It punishes the environmentally responsible, like Michigan, who 
have gone to the effort to make landfill space available. That 
situation has to change. This legislation will do it, and I am pleased 
to support it.
  Mr. KNOLLENBERG. Madam Speaker, today I rise to express my strong 
support for passage of H.R. 518, the International Solid Waste 
Importation and Management Act of 2007. Like every membr of the 
Michigan congressional delegation, I am a cosponsor of this bill.
  For many years, Canada has shipped significant amounts of solid waste 
into the United States, with a large percentage of it going to 
Michigan. It is estimated that more than four hundred trucks bring this 
waste into Michigan from Ontario each day. That means nearly 150,000 
truckloads full of Canadian solid waste is deposited in the great State 
of Michigan each year.
  One of Michigan's greatest assets is the acres upon acres of 
beautiful land in its natural state. Michiganders are defined in part 
by our Great Lakes, and the health of our environment is one of our top 
priorities. It is imperative that we preserve our State's natural 
beauty, from the wilderness on Isle Royale and the Porcupine Mountains 
in the Upper Peninsula, all the way down to the lakes and streams in 
the bottom of our beloved mitten.
  By allowing such an immense amount of Canadian trash into our 
landfills we are falling short of our responsibilities as stewards of 
our State's health. Canadian trash represents a threat to the health of 
our environment and the health of our citizens.
  States must have the authority to address this matter as they see 
fit. H.R. 518 is necessary in order to provide Michigan with the power 
to address this issue, as the U.S. Supreme Court and other Federal 
courts have consistently ruled that States cannot restrict out-of-state 
trash without action by Congress.
  Passage of H.R. 518 will finally allow States to regulate the 
importation of international waste in ways that best suit the needs of 
their citizens. I thank Mr. Dingell for introducing this important 
legislation and urge my colleagues to support passage of H.R. 518.
  Mr. KILDEE. Madam Speaker, I am an original cosponsor of H.R. 518, 
the International Solid Waste Importation and Management Act of 2007, 
and am proud to join Chairman John Dingell, the Dean of the House of 
Representatives, my bi-partisan colleagues from Michigan and others in 
strong support of its passage.
  This legislation would require the U.S. to implement the ``notice and 
consent'' provisions of the 1992 bilateral U.S.-Canadian Agreement on 
municipal solid waste, and adds the necessary statutory enforcement 
authority. It also provides criteria to ensure that the views of the 
affected State and local governments are properly taken into account.
  The importation of foreign trash is of great concern to the residents 
of Michigan's Fifth Congressional District, and citizens across the 
State vocally oppose the importation of foreign trash.
  Nationally, more than 4 million tons of waste--about 400 truckloads 
per day--is transported from Canada to the U.S. each year, with three-
quarters of it coming to Michigan. In Michigan alone, Canadian trash 
deposits have increased more than five-fold from 1999 to 2006--from 
about 710,000 tons to 3.67 million tons.
  The growing amount of foreign trash coming into Michigan is polluting 
our environment, clogging our roadways, increasing the health and 
safety risks in our State, and poses a growing a homeland security 
threat. In 2006, the Department of Homeland Security Office of the 
Inspector General released a report finding 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 addition, multiple 
incidents have occurred on Michigan roadways where Canadian trash 
trucks have spilled waste on our roads.
  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.
  Madam Speaker, the time has come for Congress to take action to 
address this serious matter. H.R. 518 has broad, bipartisan support 
reinforced by its clear passage through the House Energy and Commerce 
Committee earlier this year without objection.
  Once again, Madam Speaker, I strongly support H.R. 518, and urge my 
colleagues to pass this important legislation.
  Mr. BROWN of South Carolina. Madam Speaker, I rise today to speak on 
H.R. 518, introduced by Chairman John Dingell from Michigan.
  Madam Speaker, H.R. 518 is going to be considered under ``suspension 
of the rules'' which is usually reserved for non-controversial bills, 
but it has come to my attention that there are some strong objections 
both from the Canadian Embassy here in Washington D.C. as well as from 
the Administration, specifically the Department of State and from the 
United States Trade Representative.
  I feel it is my duty as one of the Co-Chairs of the Congressional 
Friends of Canada Caucus to submit for the Record letters from the 
Canadian Ambassador to the United States, Michael Wilson, as well as 
letters from the Administration to Speaker Nancy Pelosi and to 
Republican Leader John Boehner that express concern over H.R. 518.

                                             Canadian Embassy,

                                   Washington, DC, April 12, 2007.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Madam Speaker: I am writing regarding H.R. 518, 
     ``International Solid Waste Importation and Management Act of 
     2007'', approved by the Energy and Commerce Committee on 
     March 22, 2007. I would like to share with you Canada's views 
     on this legislation.
       Canada and the United States have a long-standing 
     partnership in managing the two-way flow of hazardous and 
     municipal solid wastes. Managing hazardous and municipal 
     solid wastes has two components: the commercial relationship, 
     and environmental management.
       On the first, the trade in waste is governed by our 
     respective rights and obligations pursuant to the World Trade 
     Organization (WTO) Agreements and the North American Free 
     Trade Agreement (NAFTA). HR 518 will grant to states the 
     authority to discriminate between types of waste based solely 
     on national origin, without any environmental or sound waste 
     management considerations. The State of Michigan has already 
     passed Legislation that would prohibit landfill operators 
     from accepting solid waste from foreign sources. Canada views 
     this legislation as inconsistent with the United States' WTO 
     and NAFTA obligations. HR 518 would authorize Michigan's 
     legislation, which would place the United States in 
     contravention of its international trade obligations.
       Furthermore, in 1986, both countries signed the Canada-U.S. 
     Agreement on the Transboundary Movement of Hazardous Wastes, 
     which resulted in effective measures in both countries to 
     ensure that hazardous wastes would be moved to the nearest 
     safe disposal site, without regard to borders. In

[[Page H3796]]

     1992, Canada and the United States took environmentally sound 
     waste management one step further when they agreed to amend 
     the agreement to include municipal solid waste.
       Canada is working toward implementation of the 1992 
     amendment. We hope that the U.S. will take similar steps in 
     the near future. An Environment Canada-U.S. E.P.A. pilot 
     program in 2005, based on the Agreement, clearly demonstrated 
     that it is possible for our two countries to work together 
     co-operatively to ensure that municipal solid waste is 
     shipped in an environmentally sound manner.
  H.R. 518 is a departure from the principle that the sound 
environmental management of waste should not be impeded because of 
borders. Canada believes we should follow that principle for municipal 
solid waste, just like for hazardous waste (of which the U.S. is a net 
exporter to Canada).
       Canada agrees that shipping municipal solid waste to 
     Michigan is not a sustainable solution. Ontario has committed 
     to eliminate by the end of 2010 the shipment to Michigan of 
     all municipally managed wastes. Ontario is on target to meet 
     this short timeline, having already taken the steps necessary 
     to clear the first two hurdles, being 20 percent reductions 
     for the end of each of 2007 and 2008. To that end, about 50 
     million tonnes of new landfill capacity has been approved by 
     the province of Ontario over the past two years.
       We therefore strongly believe that this issue can be 
     managed without resorting to legislation.
       I urge you to give serious consideration to these issues 
     and thank you for the opportunity to share Canada's views on 
     this matter.
           Yours sincerely,
                                                   Michael Wilson,
     Ambassador.
                                  ____

                                                   April 23, 2007.
     Hon. Nancy Pelosi,
     Speaker of the House of Representatives,
     Washington, DC.
       Dear Madam Speaker: This letter is to express the 
     Administration's concern with H.R. 518, the International 
     Solid Waste Importation and Management Act of 2007. H.R. 518 
     would authorize states to restrict the receipt and disposal 
     of municipal solid waste generated outside the United States.
       The Administration is concerned that enactment of H.R. 518 
     would have the unintended result of increasing the disposal 
     of hazardous waste in the United States and lead to an 
     unnecessary trade dispute. According to the Environmental 
     Protection Agency, approximately 230 U.S. companies in over 
     32 states shipped hazardous waste to Canada in 2004 alone. If 
     states use the authority in H.R. 518 to restrict foreign 
     waste imports, this could provoke reciprocal actions by 
     Canada or other trading partners against U.S. waste exports.
       In addition, because H.R. 518 would authorize states to 
     enact laws or regulations that exclusively restrict the 
     disposal of foreign-generated waste or limit the amount of 
     foreign waste shipped to the United States, it could raise 
     concerns by our trading partners regarding U.S. compliance 
     with international rules prohibiting trade discrimination. In 
     fact, the Government of Canada has already questioned whether 
     H.R. 518, as well as the state laws and regulations it could 
     lead to, would be compatible with U.S. obligations under the 
     North American Free Trade Agreement and WTO agreements.
       Moreover, H.R. 518 could result in a patchwork of 
     individual and possibly conflicting state and federal laws 
     and regulations on the receipt and disposal of foreign 
     municipal waste that could make it more difficult to manage 
     cross-border waste flows in an environmentally sound and 
     economically efficient manner.
       Finally, there are other ways to address concerns about 
     imports of foreign waste. For example, the U.S.-Canada 
     Agreement Concerning the Transboundary Movement of Hazardous 
     Waste has been a successful mechanism for managing the flow 
     of hazardous waste between our countries and illustrates how 
     issues relating to this type of trade can be handled in a 
     manner that does not raise concerns for our trading partners.
       We appreciate your attention to these concerns. The Office 
     of Management and Budget advises that there is no objection 
     to the submission of this report from the standpoint of the 
     President's program
           Sincerely,
     Justin McCarthy,
       Assistant U.S. Trade Representative for Congressional 
     Affiars.
     Jeffrey T. Bergner,
       Assistant Secretary of State for Legislative Affairs.
                                  ____

                                                   April 23, 2007.
     Hon. John A. Boehner,
     House of Representatives,
     Washington, DC.
       Dear Mr. Boehner: This letter is to express the 
     Administration's concern with H.R. 518, the International 
     Solid Waste Importation and Management Act of 2007. H.R. 518 
     would authorize states to restrict the receipt and disposal 
     of municipal solid waste generated outside the United States.
       The Administration is concerned that enactment of H.R. 518 
     would have the unintended result of increasing the disposal 
     of hazardous waste in the United States and lead to an 
     unnecessary trade dispute. According to the Environmental 
     Protection Agency, approximately 230 U.S. companies in over 
     32 states shipped hazardous waste to Canada in 2004 alone. If 
     states use the authority in H.R. 518 to restrict foreign 
     waste imports, this could provoke reciprocal actions by 
     Canada or other trading partners against U.S. waste exports.
       In addition, because H.R. 518 would authorize states to 
     enact laws or regulations that exclusively restrict the 
     disposal of foreign-generated waste or limit the amount of 
     foreign waste shipped to the United States, it could raise 
     concerns by our trading partners regarding U.S. compliance 
     with international rules prohibiting trade discrimination. In 
     fact, the Government of Canada has already questioned whether 
     H.R. 518, as well as the state laws and regulations it could 
     lead to, would be compatible with U.S. obligations under the 
     North American Free Trade Agreement and WTO agreements.
       Moreover, H.R. 518 could result in a patchwork of 
     individual and possibly conflicting state and federal laws 
     and regulations on the receipt and disposal of foreign 
     municipal waste that could make it more difficult to manage 
     cross-border waste flows in an environmentally sound and 
     economically efficient manner.
       Finally, there are other ways to address concerns about 
     imports of foreign waste. For example, the U.S.-Canada 
     Agreement Concerning the Transboundary Movement of Hazardous 
     Waste has been a successful mechanism for managing the flow 
     of hazardous waste between our countries and illustrates how 
     issues relating to this type of trade can be handled in a 
     manner that does not raise concerns for our trading partners.
       We appreciate your attention to these concerns. The Office 
     of Management and Budget advises that there is no objection 
     to the submission of this report from the standpoint of the 
     President's program.
           Sincerely,
     Justin McCarthy,
       Assistant U.S. Trade Representative for Congressional 
     Affairs.
     Jeffrey T. Bergner,
       Assistant Secretary of State for Legislative Affairs.

  Mr. LEVIN. Madam Speaker, as a cosponsor of H.R. 518, I rise in 
strong support of this measure. The issue of waste coming into Michigan 
from Ontario is one of great concern to the people I represent, and I 
appreciate Representative Dingell's tireless efforts to move this 
legislation.
  Like the bill approved by the House last year, the International 
Solid Waste Importation and Management Act directs the Environmental 
Protection Agency to implement and enforce the Agreement Concerning the 
Transboundary Movement of Hazardous Waste between the United States and 
Canada. The Administrator is required to issue final regulations within 
24 months after the date of enactment.
  The legislation further requires the Administrator of EPA, when 
considering whether to consent to a shipment of foreign municipal solid 
waste to give substantial weight to the views of the recipient State or 
States, and also consider the impact of the shipment on local recycling 
programs, landfill capacity, road deterioration, homeland security, 
public health and the environment, among other factors.
  As I mentioned, the bill before the House is nearly identical to the 
legislation that the House approved last September. Unfortunately, the 
former leadership of the Senate failed to take up the bill last year, 
despite bipartisan pleas from Michigan's House delegation urging prompt 
action. Now that the Senate is under new management, I hope we can at 
last address this longstanding problem and get a bill to the 
President's desk for signature.
  Our Nation has no closer friend in the world than Canada, but the 
current trash arrangement in which hundreds of trash trucks cross the 
border each day on their way to Michigan landfills is simply untenable. 
The legislation before the House builds on the agreement that 
Michigan's two Senators negotiated with the government of Ontario last 
year to reduce municipal waste shipments from Canada over the next four 
years.
  I urge all my colleagues to join me in supporting the legislation 
before the House.
  Mr. CAMP. Madam Speaker, I am pleased to be an original cosponsor of 
the bill before us today, the International Solid Waste Importation and 
Management Act, H.R. 518. Last year, the House of Representatives 
unanimously approved this bill. While the Senate failed to take action 
on this important legislation, I urge my colleges in the House to send 
it to the other body again.
  This is an issue that transcends political partisanship. With the 
support of the entire Michigan delegation, and other Members 
representing Maryland and Virginia, H.R. 518 sends a strong signal to 
foreign countries, particularly Canada, that States should no longer be 
viewed as dumping grounds. The volume of foreign waste from Canada into 
Michigan continues unabated. Since 2002 Canadian

[[Page H3797]]

shipments of waste to Michigan have increased 83 percent. Not only do 
these shipments crowd our landfills, but they also pose environmental, 
public health, and even national security risks. It is long past that 
time States are lawfully able to regulate the amount of municipal solid 
waste coming across the border and into their communities. H.R. 518 
gives States the legal authority to regulate this waste until the 
Federal Government implements a 21-year-old bilateral agreement between 
the U.S. and Canada on this subject.
  H.R. 518 does not violate trade agreements. The House has done its 
due diligence in crafting this legislation to avoid any potential trade 
issues. Simply put, H.R. 518 provides the legislative authority for the 
United States to implement the 1986 bilateral agreement this country 
signed with Canada.
  More specifically, the legislation authorizes and directs the 
Administrator of the U.S. Environmental Protection Agency to implement 
and enforce the 1986 Agreement Concerning the Transboundary Movement of 
Hazardous Waste between the United States and Canada. The Administrator 
is required to issue final regulations within 24 months after the date 
of enactment. Under the 1986 agreement shipments of hazardous waste 
require notification to the importing country and that country's 
consent before waste may be shipped. The agreement was amended in 1992 
to establish similar requirements for municipal solid waste. H.R. 518 
provides the legislative authority for the agreement to be implemented 
and ensure both governments provide proper notice and shipment 
information before dump trucks cross the U.S. northern border.
  Stopping trash coming into Michigan from Canada must be done through 
statute--not handshakes. H.R. 518 accomplishes this goal. This bill 
represents the first real opportunity in a long time to ensure States 
know in advance what is coming into their communities and where it is 
going.
  The Michigan delegation in the House of Representatives has done a 
terrific job of helping bring H.R. 518 to the floor for a vote. I 
encourage all of my colleagues to support it. I am hopeful the Senate 
will soon consider the measure.
  Mr. CONYERS. Madam Speaker, I rise in strong support of H.R. 518, the 
International Solid Waste Importation and Management Act of 2007. H.R. 
518 adds a new section to the Solid Waste Disposal Act requiring the 
Environmental Protection Agency to implement and enforce the ``notice 
and consent'' provisions of a bilateral U.S.-Canadian Agreement signed 
in 1986 to govern the transboundary movement of hazardous waste. This 
agreement was amended in 1992 to include municipal solid waste, but 
neither administration since then has made any effort to implement the 
bilateral agreement. Enforcement legislation promised ``soon'' by the 
present administration almost 4 years ago has yet to arrive. H.R. 518 
provides criteria to ensure that the views of the affected State and 
local governments are properly taken into account, and it adds the 
necessary statutory enforcement authority.
  According to the most recent information for fiscal year 2006, the 
largest source of waste imported into Michigan continues to be from 
Canada, with total reported imports to landfills of more than 12 
million cubic yards. That is a 23 percent increase from fiscal year 
2003. Even more disturbing is that the amount of Canadian waste being 
disposed of in Michigan has risen by 335 percent since 1996, when 
Michigan began collecting data.
  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.
  Mr. ROGERS of Michigan. Madam Speaker, I have no further speakers at 
this time and would be honored to yield back my time.
  Mr. WYNN. Likewise, Madam Speaker, we have no further speakers. 
Again, I would like to commend Chairman Dingell and the Michigan 
delegation for their leadership on this issue.
  I yield back the balance of my time as well.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Wynn) that the House suspend the rules and 
pass the bill, H.R. 518.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________