International Solid Waste Importation and Management Act of 2007

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

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.

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.

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.

Madam Speaker, I have no further speakers at this time and would be honored to yield back my time.

Madam Speaker, I ask that my letter be inserted in the Record as part of the consideration of H.R. 518, the International Solid Waste Importation and Management Act of 2007, which passed under suspension of the rules on April 24, 2007. This letter responds to the letter received by the Speaker from Mr. Justin McCarthy, Assistant U.S. Trade Representative for Congressional Affairs, and the Hon. Jeffrey T. Bergner, Assistant Secretary of State for Legislative Affairs, regarding H.R. 518.

House of Representatives,

Committee on Energy and Commerce

Washington, DC, April 30, 2007.

Mr. Justin J. McCarthy

Assistant U.S. Trade Representative, for Congressional

Affairs Office of the U.S. Trade Representative,

Washington, DC.

Hon. Jeffrey T. Bergner

Assistant Secretary of State for Legislative Affairs U.S.

Department of State, Washington, DC.

Dear Mr. McCarthy and Assistant Secretary Bergner: I have

obtained a copy of your April 23, 2007, letter to Speaker

Nancy Pelosi expressing the Administration's concern with

H.R. 518, the International Solid Waste Importation and

Management Act of 2007. I sponsored this bipartisan bill with

the entire Michigan delegation and a number of other Members

of the House of Representatives. It was favorably reported by

the Subcommittee on Environment and Hazardous Materials and

the full Committee on Energy and Commerce in late March and

passed the House of Representatives on April 23, 2007, by a

voice vote without opposition.

Your letter implies and attempts to raise concerns that

H.R. 518 would somehow apply to hazardous waste shipments or

in some way would be incompatible with U.S. obligations under

the North American Free Trade Agreement and WTO agreements.

Neither of these observations is correct.

First, the bill expressly applies only to ``foreign

municipal solid waste,'' not hazardous waste (new section

4011) (f)(2)). Further, hazardous waste is explicitly

excluded from the term ``municipal solid waste'' (new section

4011 (f)(3)(B)(i)).

With regard to the issue of whether H.R. 518 is compatible

with our international trade obligations, the bill explicitly

preserves prior law relating to international trade

obligations. New section 4011(a)(3) provides as follows:

``(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.

Thus, Canada retains all of its rights under the North

American Free Trade Agreement (NAFTA) and the World Trade

Organization (WTO) agreements to challenge a State action

alleged to be inconsistent. Domestic waste trade measures

that allegedly violate NAFTA might be challenged under the

NAFTA general dispute settlement chapter.

Even where a measure is alleged to be inconsistent with

NAFTA, the Congressional Research Service has noted that

there may be general exceptions incorporated from Article XX

of the GATT 1994 that allow parties to adopt or enforce

measures necessary to protect human, animal, or plant life or

health and measures relating to the conservation of

exhaustible natural resources if such measures are made

effective in conjunction with restriction on domestic

production or consumption.

Finally, your letter states that there are other ways to

address concerns about imports of foreign waste, noting as an

example the U.S.-Canada Agreement Concerning the

Transboundary Movement of Hazardous Waste. I would hope you

are aware that H.R. 518 is providing the Environmental

Protection Agency (EPA) with the requisite statutory

authority necessary to enforce that very agreement as it

applies to municipal solid waste. EPA has maintained that it

cannot fully implement and enforce the U.S.-Canada bilateral

agreement without the authority provided by H.R. 518 in new

section 4011(c).

I also note that almost four years ago EPA officials

testified that the current Administration would submit the

necessary implementing legislation for the U.S.-Canadian

bilateral agreement ``soon.'' No such legislative proposal

has ever been submitted by President Bush.

You should be aware that H.R. 518 directs the EPA

Administrator to implement the U.S.Canadian bilateral

agreement within 24 months and, as noted above, provides the

necessary authority to enforce its provisions with respect to

municipal solid waste. Thus, our bill would give effect to

the U.S.-Canada bilateral agreement and ensure that it is

implemented. The passage of H.R. 518 is important to the

people of Michigan and similarly affected States.

I hope this correspondence serves to correct any misunderstandings concerning H.R. 518.

Sincerely,

John D. Dingell,

Chairman.

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

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.

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

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.

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.

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.

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.

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.)

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.