[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.
____________________