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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-235

======================================================================



 
    INTERNATIONAL SOLID WASTE IMPORTATION AND MANAGEMENT ACT OF 2005

                                _______
                                

 September 27, 2005.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2491]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2491) to amend the Solid Waste Disposal Act to 
authorize States to restrict receipt of foreign municipal solid 
waste and implement the Agreement Concerning the Transboundary 
Movement of Hazardous Waste between the United States and 
Canada, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
Statement of General Performance Goals and Objectives............     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Committee Cost Estimate..........................................     6
Congressional Budget Office Estimate.............................     6
Federal Mandates Statement.......................................     9
Advisory Committee Statement.....................................     9
Constitutional Authority Statement...............................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    12

                               Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``International Solid Waste Importation 
and Management Act of 2005''.

SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
                    WASTE.

  (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding after section 4010 the 
following new section:

``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL 
                    SOLID WASTE.

  ``(a) State Authority to Address Importation and Management of 
Municipal Solid Waste.--
          ``(1) In general.--Until the date on which all final 
        regulations issued by the Administrator to implement and 
        enforce the Agreement (including notice and consent provisions 
        of the Agreement) become effective, a State may enact a law or 
        laws or issue regulations or orders imposing limitations on the 
        receipt and disposal of foreign municipal solid waste within 
        the State. Laws, regulations, and orders enacted or issued 
        before that date may continue in effect according to their 
        terms after that date.
          ``(2) Effect on interstate and foreign commerce.--No State 
        action taken as authorized by this section shall be considered 
        to impose an undue burden on interstate and foreign commerce or 
        to otherwise impair, restrain, or discriminate against 
        interstate and foreign commerce.
          ``(3) Trade and treaty obligations.--Nothing in this section 
        affects, replaces, or amends prior law relating to the need for 
        consistency with international trade obligations.
  ``(b) Authority of Administrator.--
          ``(1) In general.--Beginning immediately after the date of 
        enactment of this section, the Administrator shall--
                  ``(A) perform the functions of the Designated 
                Authority of the United States described in the 
                Agreement with respect to the importation and 
                exportation of municipal solid waste under the 
                Agreement; and
                  ``(B) implement and enforce the notice and consent 
                and other provisions of the Agreement.
          ``(2) Regulations.--Not later than 24 months after the date 
        of enactment of this section, the Administrator shall issue 
        final regulations with respect to the Administrator's 
        responsibilities under paragraph (1).
          ``(3) Consent to importation.--In considering whether to 
        consent to the importation under article 3(c) of the Agreement, 
        the Administrator shall--
                  ``(A) give substantial weight to the views of the 
                State or States into which the municipal solid waste is 
                to be imported, and consider the views of the local 
                government with jurisdiction over the location where 
                the waste is to be disposed;
                  ``(B) consider the impact of the importation on--
                          ``(i) continued public support for and 
                        adherence to State and local recycling 
                        programs;
                          ``(ii) landfill capacity as provided in 
                        comprehensive waste management plans;
                          ``(iii) air emissions from increased 
                        vehicular traffic; and
                          ``(iv) road deterioration from increased 
                        vehicular traffic; and
                  ``(C) consider the impact of the importation on 
                homeland security, public health, and the environment.
          ``(4) Actions in violation of the agreement.--No person shall 
        import, transport, or export municipal solid waste for final 
        disposal or for incineration in violation of the Agreement.
  ``(c) Compliance Orders.--(1) Whenever on the basis of any 
information the Administrator determines that any person has violated 
or is in violation of this section, the Administrator may issue an 
order assessing a civil penalty for any past or current violation, 
requiring compliance immediately or within a specified time period, or 
both, or the Administrator may commence a civil action in the United 
States district court in the district in which the violation occurred 
for appropriate relief, including a temporary or permanent injunction.
  ``(2) Any order issued pursuant to this subsection shall state with 
reasonable specificity the nature of the violation. Any penalty 
assessed in the order shall not exceed $25,000 per day of noncompliance 
for each violation. In assessing such a penalty, the Administrator 
shall take into account the seriousness of the violation and any good 
faith efforts to comply with applicable requirements.
  ``(d) Public Hearing.--Any order issued under this section shall 
become final unless, not later than 30 days after the order is served, 
the person or persons named therein request a public hearing. Upon such 
request the Administrator shall promptly conduct a public hearing. In 
connection with any proceeding under this section the Administrator may 
issue subpoenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents, and may promulgate 
rules for discovery procedures.
  ``(e) Violation of Compliance Orders.--If a violator fails to take 
corrective action within the time specified in a compliance order, the 
Administrator may assess a civil penalty of not more than $25,000 for 
each day of continued noncompliance with the order.
  ``(f) Definitions.--For purposes of this section:
          ``(1) Agreement.--The term `Agreement' means--
                  ``(A) the Agreement Concerning the Transboundary 
                Movement of Hazardous Waste between the United States 
                and Canada, signed at Ottawa on October 28, 1986 (TIAS 
                11099) and amended on November 25, 1992; and
                  ``(B) any regulations promulgated and orders issued 
                to implement and enforce that Agreement.
          ``(2) Foreign municipal solid waste.--The term `foreign 
        municipal solid waste' means municipal solid waste generated 
        outside of the United States.
          ``(3) Municipal solid waste.--
                  ``(A) Waste included.--Except as provided in 
                subparagraph (B), the term `municipal solid waste' 
                means--
                          ``(i) all waste materials discarded for 
                        disposal by households, including single and 
                        multifamily residences, and hotels and motels; 
                        and
                          ``(ii) all waste materials discarded for 
                        disposal that were generated by commercial, 
                        institutional, municipal, and industrial 
                        sources, to the extent such materials--
                                  ``(I) are essentially the same as 
                                materials described in clause (i); and
                                  ``(II) were collected and disposed of 
                                with other municipal solid waste 
                                described in clause (i) or subclause 
                                (I) of this clause as part of normal 
                                municipal solid waste collection 
                                services, except that this subclause 
                                does not apply to hazardous materials 
                                other than hazardous materials that, 
                                pursuant to regulations issued under 
                                section 3001(d), are not subject to 
                                regulation under subtitle C.
                        Examples of municipal solid waste include food 
                        and yard waste, paper, clothing, appliances, 
                        consumer product packaging, disposable diapers, 
                        office supplies, cosmetics, glass and metal 
                        food containers, and household hazardous waste. 
                        Such term shall include debris resulting from 
                        construction, remodeling, repair, or demolition 
                        of structures.
                  ``(B) Waste not included.--The term `municipal solid 
                waste' does not include any of the following:
                          ``(i) Any solid waste identified or listed as 
                        a hazardous waste under section 3001, except 
                        for household hazardous waste.
                          ``(ii) Any solid waste, including 
                        contaminated soil and debris, resulting from--
                                  ``(I) a response action taken under 
                                section 104 or 106 of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act (42 U.S.C. 9604 or 
                                9606);
                                  ``(II) a response action taken under 
                                a State law with authorities comparable 
                                to the authorities of such section 104 
                                or 106; or
                                  ``(III) a corrective action taken 
                                under this Act.
                          ``(iii) Recyclable materials that have been 
                        separated, at the source of the waste, from 
                        waste otherwise destined for disposal or that 
                        have been managed separately from waste 
                        destined for disposal.
                          ``(iv) Scrap rubber to be used as a fuel 
                        source.
                          ``(v) Materials and products returned from a 
                        dispenser or distributor to the manufacturer or 
                        an agent of the manufacturer for credit, 
                        evaluation, and possible reuse.
                          ``(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.''.
  (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.''.

                          Purpose and Summary

    Currently, several states on the northern border of the 
United States of America are receiving substantial imports of 
municipal solid waste from outside the United States, most 
notably from the Province of Ontario, Canada. Federal agency 
estimates are that more than 400 trucks a day cross the border 
bringing municipal solid waste from Toronto, Canada, to 
Michigan. The significant amount of municipal solid waste 
imports is having deleterious effects on the environment and 
public safety, while also eroding support for state and local 
recycling programs. These states are experiencing a reduction 
in their permitted landfill capacity, as well as damage and 
wear to their natural and physical resources, without 
sufficient legal remedies to shipments for disposal due to 
constitutional Commerce Clause limitations. In addition, a 
process for notice and consent to hazardous and solid waste 
shipments, established by the United States of America and the 
Government of Canada in the Agreement Concerning the 
Transboundary Movement of Hazardous Waste between the United 
States and Canada (the ``Agreement''), has yet to be 
implemented, in part because the U.S. Environmental Protection 
Agency claims that it lacks certain legal authority. The 
Agreement, however, also required the United States and Canada 
to use ``best efforts'' to implement the ``notice and consent 
provisions'' while regulatory authority was being obtained.
    H.R. 2491, the International Solid Waste Importation and 
Management Act of 2005, is narrowly drafted and intended only 
to limit international waste in two distinct ways. First, it 
expressly grants states, for a limited period of time, the 
authority to enact laws or issue regulations or orders placing 
limits on the transportation and disposal of municipal solid 
waste in their state if that waste has been generated in 
another country. This legislation specifically does not grant 
any authority to states to regulate the transportation and 
disposal of municipal solid waste generated in another state. 
Second, H.R. 2491 authorizes and directs the Administrator of 
the U.S. 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.

                  Background and Need for Legislation

    The debate over state and federal regulation of solid waste 
imports involves judicial interpretations of the U.S. 
Constitution. The federal government, specifically the 
Congress, has a role to play in resolving these controversies 
since waste and waste management services are considered 
articles of commerce under court interpretations of the 
interstate commerce clause, Article I, Section 8, Clause 3 of 
the U.S. Constitution. The Commerce Clause empowers the federal 
government ``[t]o regulate Commerce * * * among the several 
States.'' By negative implication, states are limited in their 
ability to regulate interstate commerce, even in the absence of 
federal regulation. This inverse reading, referred to as the 
``negative'' or ``dormant'' commerce clause, has resulted in an 
interpretation by the U.S. Supreme Court that states may not 
place an ``undue burden'' on interstate or foreign commerce.
    The Supreme Court has identified two categories of state 
regulation as problematic under the dormant commerce clause. 
Specifically, (1) regulation that, on its face, is 
discriminatory against out-of-state commerce and (2) regulation 
that may serve a legitimate purpose and does not discriminate 
against out-of-state commerce, but nonetheless imposes a burden 
on interstate commerce that is ``clearly excessive'' in 
relation to its benefits. Congress, however, can immunize the 
states from court challenges arising under the Commerce Clause 
in specific legislation.
    In response to calls for legislation to address imports of 
municipal solid waste from foreign countries, in the 108th 
Congress on July 23, 2003, the Subcommittee on Environment and 
Hazardous Materials held a hearing on H.R. 411 and H.R. 382. 
The provisions of H.R. 411 and H.R. 382 formed the basis of 
H.R. 2491. In addition, the Subcommittee on Environment and 
Hazardous Materials ordered favorably reported H.R. 4940, the 
Municipal Solid Waste Responsibility Act of 2004, on September 
23, 2004, addressing the importation of municipal solid waste 
from foreign countries, significantly similar to H.R. 2491.

           INTERNATIONAL ENVIRONMENTAL AGREEMENT OBLIGATIONS

    Transboundary movement of hazardous and municipal solid 
waste between the United States and Canada is governed by the 
Agreement Between the Government of Canada and the Government 
of the United States of America Concerning the Transboundary 
Movement of Hazardous and Other Waste (``Agreement''). The 
Agreement is considered an agreement under Article 11 of the 
Basel Convention on the Transboundary Movements of Hazardous 
Wastes and Their Disposal.
    The Agreement requires the exporting country to give prior 
notice to the importing country of waste shipments, and gives 
the importing country 30 days from receipt of the notice to 
respond, ``indicating its consent (conditional or not) or its 
objection to the export'' (Art. 3(c)). If the importing country 
does not respond during this period, it is deemed to have no 
objection and the export may take place provided the importer 
complies with all applicable domestic laws of the country of 
import (Art. 3(d)). The importing country may amend the terms 
of the proposed shipment as notified and may also withdraw or 
modify its consent, once given, for good cause (Art. 3(e), 
(f)).

                                Hearings

    The Committee on Energy and Commerce has not held hearings 
on the legislation in the 109th Congress.

                        Committee Consideration

    On Wednesday, June 8, 2005, the Subcommittee on Environment 
and Hazardous Materials met in open markup session and approved 
H.R. 2491 for Full Committee consideration, amended, by a voice 
vote, a quorum being present. On Wednesday, June 29, 2005, the 
Committee on Energy and Commerce met in open markup session and 
ordered H.R. 2491 reported to the House, as amended, by a voice 
vote, a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 2491 reported. A motion by Mr. Gillmor to order H.R. 2491, 
reported to the House, as amended, was agreed to by a voice 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation in the 109th 
Congress.

         Statement of General Performance Goals and Objectives

    H.R. 2491 assists states in managing flows of municipal 
solid waste by authorizing a period of time to enact or issue 
laws, regulations, or orders to place limitations on municipal 
solid waste generated in a foreign country and exported for 
disposal in their state. H.R. 2491 authorizes and directs the 
Administrator of the U.S. Environmental Protection Agency to 
implement and enforce the Agreement Concerning the 
Transboundary Movement of Hazardous Waste between the United 
States and Canada.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2491, the International Solid Waste Importation and Management 
Act of 2005, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 26, 2005.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2491, the 
International Solid Waste Importation and Management Act of 
2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for federal costs), Lisa Ramirez-Branum (for the state 
and local impact), and Craig Cammarata (for the private-sector 
impact).
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 2491--International Solid Waste Importation and Management Act of 
        2005

    Summary: The Agreement Concerning the Transboundary 
Movement of Hazardous Waste between the United States and 
Canada, which was signed in 1986 and later amended in 1992, 
governs the trade in hazardous and municipal solid waste 
between the United States and Canada. Enacting H.R. 2491 would 
authorize the Administrator of the Environmental Protection 
Agency (EPA) to perform certain functions under this agreement 
to determine whether to allow imports of hazardous or municipal 
solid waste from Canada. Under the legislation, EPA would be 
required to issue final regulations concerning imports and 
exports of hazardous and municipal solid waste within 24 months 
of the bill's enactment, and it would be responsible for 
implementing and enforcing those regulations. CBO estimates 
that implementing this legislation would cost about $2 million 
in 2006 and about $6 million over the 2006-2010 period, 
assuming appropriation of the necessary amounts.
    Enacting H.R. 2491 could increase revenues because the bill 
would provide for civil penalties for any past or current 
violations of its provisions. CBO expects that the amount of 
fines collected under this bill would not be significant.
    H.R. 2491 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) because it would 
preempt the regulatory authority of some state governments and 
impose requirements on some local governments that own solid 
waste facilities. Because the details of those requirements 
would depend on future regulatory action, CBO cannot determine 
the degree to which they might cause local governments to lose 
income from waste disposal fees. Therefore, we cannot estimate 
the total costs of complying with those mandates or determine 
whether those costs would exceed the threshold for 
intergovernmental mandates ($62 million in 2005, adjusted 
annually for inflation) established by UMRA.
    H.R. 2491 would impose private-sector mandates as defined 
in UMRA on certain companies involved in the importation, 
exportation, and disposal of solid waste. CBO cannot determine 
the cost of those mandates because it would hinge on future 
regulatory action about which information is not available.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of this legislation is shown in the following 
table. The costs of the legislation fall within budget function 
300 (natural resources and environment).

------------------------------------------------------------------------
                                         By fiscal year, in millions of
                                                   dollars--
                                      ----------------------------------
                                        2006   2007   2008   2009   2010
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Additional EPA Personnel:
    Estimated Authorization Level....      1      1      1      1      1
    Estimated Outlays................      1      1      1      1      1
Contractor Costs:
    Estimated Authorization Level....      1      *      *      *      *
    Estimated Outlays................      1      *      *      *      *
Total Changes:
    Estimated Authorization Level....      2      1      1      1      1
    Estimated Outlays................      2      1      1      1      1
------------------------------------------------------------------------
Note.--* = less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2491 will be enacted by the beginning of 2006 and that the 
necessary amounts will be appropriated for each fiscal year.

Spending subject to appropriation

    Based on information from EPA, CBO estimates that, in 2006, 
about $1 million would be required for 10 staff members to 
promulgate regulations, and about $1 million would be required 
for contractor services, such as conducting an economic impact 
analysis and providing training and outreach activities. In 
subsequent years, as EPA would begin to implement and enforce 
the regulations, CBO estimates that fewer staff-years would be 
required and that contractor costs also would decline. We 
estimate that annual costs would be about $1 million over the 
2007-2010 period.

Revenues

    Enacting H.R. 2491 could increase revenues because the bill 
would provide for civil penalties for any past or current 
violations of its provisions. Civil penalties are recorded in 
the budget as revenues. According to EPA, similar fines 
collected under current law total less than $500,000 annually. 
Thus, CBO expects that the amount of fines collected under this 
bill would not be significant.
    Estimated impact on State, local, and tribal governments: 
H.R. 2491 would preempt a state's regulatory authority if that 
state does not develop its own regulations restricting the 
receipt and disposal within its borders of solid waste 
originating in another country. Such a preemption is an 
intergovernmental mandate as defined in UMRA, but CBO expects 
that it would impose no significant costs on state governments.
    The bill also contains an intergovernmental mandate that 
would impose new requirements on local waste facilities owned 
by municipalities that accept solid waste from foreign 
countries. EPA would promulgate the necessary regulations over 
the next two years. Although no information about the direction 
the EPA might take in designing those regulations is available 
at this time, it is possible that the regulations would 
restrict the importation of municipal solid waste from foreign 
countries, thus limiting municipalities' ability to collect 
fees for disposing of such waste. CBO has no basis for 
determining the degree to which those future regulations would 
affect the amount of fees collected, and thus we cannot 
determine whether the total cost of the mandates in the bill 
would exceed the threshold for intergovernmental mandates ($62 
million in 2005, adjusted annually for inflation).
    Estimated impact on the private sector: The bill would 
require EPA to issue regulations to implement and enforce the 
Agreement Concerning the Transboundary Movement of Hazardous 
Waste between the United States and Canada within two years of 
enactment. Any future regulations promulgated by EPA that 
affect private waste management companies would constitute 
private-sector mandates under this bill. CBO cannot determine 
whether the cost of the mandates would exceed the annual 
threshold established by UMRA ($123 million in 2005, adjusted 
annually for inflation) because we have no basis for predicting 
what requirements would be imposed by such regulations.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman. 
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum. Impact on the Private Sector: Craig Cammarata.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
states, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section one establishes the short title of the bill as the 
``International Solid Waste Importation and Management Act of 
2005.''

Section 2. International transportation and disposal of municipal solid 
        waste

    Section two establishes a new section 4011 to subtitle D of 
the Solid Waste Disposal Act as set out below.

Section 4011. International transportation and disposal of municipal 
        solid waste

    Section 4011(a) allows a state to enact laws or to issue 
regulations or orders to limit the receipt and disposal of 
foreign municipal solid waste (MSW) within the state. This 
authority for states exists only until the regulations 
implementing the Agreement become effective. Laws enacted 
pursuant to this authority may remain in force and effect after 
the effective date for U.S. implementation of the Agreement 
passes. Nothing in this section affects, replaces, or amends 
prior law relating to the need for consistency with 
international trade obligations.
    Section 4011(a)(1) is an express, specific delegation of 
authority to states to enact laws or issue regulations or 
orders imposing limitations on the receipt and disposal of only 
foreign municipal solid waste as defined in section 4011(f)(2). 
The Committee intends the express delegation of otherwise 
prohibited state authority to be clear and unambiguous.
    It is not the intent of the Committee that the word 
``interstate'' in 4011(a)(2) gives any state the authority to 
enact legislation or issue orders affecting interstate or 
domestically generated waste. As drafted, this bill explicitly 
only allows states to impose limits or restrictions on foreign 
municipal solid waste as defined in new 4011(f)(2).
    In 4011(a)(3), ``prior'' law refers to any law in existence 
before the enactment of this Act. It is the intent of the 
Committee to not affect, replace, or amend existing law 
relating to the need for consistency with international trade 
obligations.
    4011(b) has four components. This subsection requires the 
Administrator of the Environmental Protection Agency to carry 
out functions prescribed in the Agreement, namely determining 
whether or not to consent to a shipment of foreign MSW that has 
been the subject of a notification by Canada; requires within 
24 months, the EPA Administrator to publish rules implementing 
the Agreement, prohibits persons from importing, transporting, 
or exporting MSW in violation of the Agreement and implementing 
laws, regulations, and orders; and, establishes various 
enforcement authorities.
    4011(b)(3) requires the Administrator, when considering 
whether to consent to a shipment of foreign MSW to: (1) give 
substantial weight to the views of the recipient state or 
states; (2) consider the impact of the shipment as it relates 
to continued public support for and adherence to recycling 
programs, landfill capacity as provided in comprehensive waste 
management plans, air emissions and road deterioration from 
increased vehicular traffic; and, (3) consider the impact of 
the importation on homeland security, public health, and the 
environment.
    4011(b)(4) makes unlawful, under the Solid Waste Disposal 
Act, the import, transport, or export of municipal solid waste 
if it violates the Agreement.
    4011(c) allows the Administrator to either: (1) issue an 
order assessing a civil penalty for any past or current 
violation or both, or (2) 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. Additionally, under new 4011(c)(2), the 
Committee intends that any order issued under the authority 
specified in new 4001(c)(1), set forth, with reasonable 
specificity, the nature of the violation and that any penalty 
assessed under new 4011(c)(1) not exceed $25,000 per day of 
noncompliance for each violation. In assessing a penalty under 
new 4011(c)(1), the Administrator shall take into account the 
seriousness of the violation and any good faith efforts to 
comply with applicable requirements.
    4011(d) allows any person(s) named in a compliance order 
issued under new 4011(c) to, within 30 days of the order's 
issuance, request a public hearing on the matter. If no one 
named in the order makes this request then the order becomes 
final. Upon the request for hearing by the person named in the 
order, the Administrator is required to promptly conduct a 
public hearing and is authorized, in connection with any 
proceeding under this section, to issue subpoenas for the 
attendance and testimony of witnesses as well as the production 
of relevant papers, books, and documents. Finally, the 
Administrator may promulgate rules for discovery procedures 
under the hearing procedures.
    4011(e) allows the Administrator to assess a civil penalty 
for each day of continued noncompliance with an order under new 
4011(c), not to exceed $25,000 per day.
    4011(f) defines the key terms for the purposes of new 
section 4011. The Committee does not intend that the term 
``municipal solid waste'' include any solid waste generated 
incident to the provision of service in interstate, intrastate, 
foreign, or overseas air transportation. Specifically, the term 
``foreign municipal solid waste'' is defined as municipal solid 
waste generated outside of the United States.
    The term ``municipal solid waste'' is defined as all waste 
materials discarded for disposal by households, including 
single and multifamily residences, and hotels and motels. It 
also includes all waste materials discarded for disposal that 
were generated by commercial, institutional, municipal, and 
industrial sources, to the extent such materials are 
essentially the same as materials discarded by households, 
hotels and motels and that these materials were collected and 
disposed of with other discarded household, hotel, or motel 
generated municipal solid waste as part of normal municipal 
solid waste collection services. The definition of ``municipal 
solid waste'' does not apply to hazardous materials, except for 
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.
    The term ``municipal solid waste'' does not include any 
solid waste identified or listed as a hazardous waste under 
section 3001, except for household hazardous waste; any solid 
waste, including contaminated soil and debris, resulting from 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), a response action taken 
under a state law comparable to section 104 or 106, or a 
corrective action taken under this Act; recyclable materials 
that have been separated, at the source of the waste, from 
waste otherwise destined for disposal or that have been managed 
separately from waste destined for disposal; scrap rubber to be 
used as a fuel source; materials and products returned from a 
dispenser or distributor to the manufacturer or an agent of the 
manufacturer for credit, evaluation, and possible reuse; any 
solid waste generated by an industrial facility and 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; any medical waste that is segregated from 
or not mixed with solid waste; sewage sludge and residuals from 
any sewage treatment plant; and combustion ash generated by 
resource recovery facilities or municipal incinerators, or 
waste from manufacturing or processing (including pollution 
control) operations that are not essentially the same as waste 
normally generated by households.
    The term ``Agreement'' is defined as 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 any regulations promulgated or orders issued to implement 
and enforce that Agreement.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                        SOLID WASTE DISPOSAL ACT


                   short title and table of contents

    Sec. 1001. This title (hereinafter in this title referred 
to as ``this Act''), together with the following table of 
contents, may be cited as the ``Solid Waste Disposal Act'':

                     Subtitle A--General Provisions

Sec. 1001. Short title and table of contents.
     * * * * * * *

             Subtitle D--State or Regional Solid Waste Plans

Sec. 4001. Objectives of subtitle.
     * * * * * * *
Sec. 4011. International transportation and disposal of municipal solid 
          waste.

           *       *       *       *       *       *       *


Subtitle D--State or Regional Solid Waste Plans

           *       *       *       *       *       *       *


SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
                    WASTE.

  (a) State Authority to Address Importation and Management of 
Municipal Solid Waste.--
          (1) In general.--Until the date on which all final 
        regulations issued by the Administrator to implement 
        and enforce the Agreement (including notice and consent 
        provisions of the Agreement) become effective, a State 
        may enact a law or laws or issue regulations or orders 
        imposing limitations on the receipt and disposal of 
        foreign municipal solid waste within the State. Laws, 
        regulations, and orders enacted or issued before that 
        date may continue in effect according to their terms 
        after that date.
          (2) Effect on interstate and foreign commerce.--No 
        State action taken as authorized by this section shall 
        be considered to impose an undue burden on interstate 
        and foreign commerce or to otherwise impair, restrain, 
        or discriminate against interstate and foreign 
        commerce.
          (3) Trade and treaty obligations.--Nothing in this 
        section affects, replaces, or amends prior law relating 
        to the need for consistency with international trade 
        obligations.
  (b) Authority of Administrator.--
          (1) In general.--Beginning immediately after the date 
        of enactment of this section, the Administrator shall--
                  (A) perform the functions of the Designated 
                Authority of the United States described in the 
                Agreement with respect to the importation and 
                exportation of municipal solid waste under the 
                Agreement; and
                  (B) implement and enforce the notice and 
                consent and other provisions of the Agreement.
          (2) Regulations.--Not later than 24 months after the 
        date of enactment of this section, the Administrator 
        shall issue final regulations with respect to the 
        Administrator's responsibilities under paragraph (1).
          (3) Consent to importation.--In considering whether 
        to consent to the importation under article 3(c) of the 
        Agreement, the Administrator shall--
                  (A) give substantial weight to the views of 
                the State or States into which the municipal 
                solid waste is to be imported, and consider the 
                views of the local government with jurisdiction 
                over the location where the waste is to be 
                disposed;
                  (B) consider the impact of the importation 
                on--
                          (i) continued public support for and 
                        adherence to State and local recycling 
                        programs;
                          (ii) landfill capacity as provided in 
                        comprehensive waste management plans;
                          (iii) air emissions from increased 
                        vehicular traffic; and
                          (iv) road deterioration from 
                        increased vehicular traffic; and
                  (C) consider the impact of the importation on 
                homeland security, public health, and the 
                environment.
          (4) Actions in violation of the agreement.--No person 
        shall import, transport, or export municipal solid 
        waste for final disposal or for incineration in 
        violation of the Agreement.
  (c) Compliance Orders.--(1) Whenever on the basis of any 
information the Administrator determines that any person has 
violated or is in violation of this section, the Administrator 
may issue an order assessing a civil penalty for any past or 
current violation, requiring compliance immediately or within a 
specified time period, or both, or the Administrator may 
commence a civil action in the United States district court in 
the district in which the violation occurred for appropriate 
relief, including a temporary or permanent injunction.
  (2) Any order issued pursuant to this subsection shall state 
with reasonable specificity the nature of the violation. Any 
penalty assessed in the order shall not exceed $25,000 per day 
of noncompliance for each violation. In assessing such a 
penalty, the Administrator shall take into account the 
seriousness of the violation and any good faith efforts to 
comply with applicable requirements.
  (d) Public Hearing.--Any order issued under this section 
shall become final unless, not later than 30 days after the 
order is served, the person or persons named therein request a 
public hearing. Upon such request the Administrator shall 
promptly conduct a public hearing. In connection with any 
proceeding under this section the Administrator may issue 
subpoenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents, and may 
promulgate rules for discovery procedures.
  (e) Violation of Compliance Orders.--If a violator fails to 
take corrective action within the time specified in a 
compliance order, the Administrator may assess a civil penalty 
of not more than $25,000 for each day of continued 
noncompliance with the order.
  (f) Definitions.--For purposes of this section:
          (1) Agreement.--The term ``Agreement'' means--
                  (A) the Agreement Concerning the 
                Transboundary Movement of Hazardous Waste 
                between the United States and Canada, signed at 
                Ottawa on October 28, 1986 (TIAS 11099) and 
                amended on November 25, 1992; and
                  (B) any regulations promulgated and orders 
                issued to implement and enforce that Agreement.
          (2) Foreign municipal solid waste.--The term 
        ``foreign municipal solid waste'' means municipal solid 
        waste generated outside of the United States.
          (3) Municipal solid waste.--
                  (A) Waste included.--Except as provided in 
                subparagraph (B), the term ``municipal solid 
                waste'' means--
                          (i) all waste materials discarded for 
                        disposal by households, including 
                        single and multifamily residences, and 
                        hotels and motels; and
                          (ii) all waste materials discarded 
                        for disposal that were generated by 
                        commercial, institutional, municipal, 
                        and industrial sources, to the extent 
                        such materials--
                                  (I) are essentially the same 
                                as materials described in 
                                clause (i); and
                                  (II) were collected and 
                                disposed of with other 
                                municipal solid waste described 
                                in clause (i) or subclause (I) 
                                of this clause as part of 
                                normal municipal solid waste 
                                collection services, except 
                                that this subclause does not 
                                apply to hazardous materials 
                                other than hazardous materials 
                                that, pursuant to regulations 
                                issued under section 3001(d), 
                                are not subject to regulation 
                                under subtitle C.
                        Examples of municipal solid waste 
                        include food and yard waste, paper, 
                        clothing, appliances, consumer product 
                        packaging, disposable diapers, office 
                        supplies, cosmetics, glass and metal 
                        food containers, and household 
                        hazardous waste. Such term shall 
                        include debris resulting from 
                        construction, remodeling, repair, or 
                        demolition of structures.
                  (B) Waste not included.--The term ``municipal 
                solid waste'' does not include any of the 
                following:
                          (i) Any solid waste identified or 
                        listed as a hazardous waste under 
                        section 3001, except for household 
                        hazardous waste.
                          (ii) Any solid waste, including 
                        contaminated soil and debris, resulting 
                        from--
                                  (I) a response action taken 
                                under section 104 or 106 of the 
                                Comprehensive Environmental 
                                Response, Compensation, and 
                                Liability Act (42 U.S.C. 9604 
                                or 9606);
                                  (II) a response action taken 
                                under a State law with 
                                authorities comparable to the 
                                authorities of such section 104 
                                or 106; or
                                  (III) a corrective action 
                                taken under this Act.
                          (iii) Recyclable materials that have 
                        been separated, at the source of the 
                        waste, from waste otherwise destined 
                        for disposal or that have been managed 
                        separately from waste destined for 
                        disposal.
                          (iv) Scrap rubber to be used as a 
                        fuel source.
                          (v) Materials and products returned 
                        from a dispenser or distributor to the 
                        manufacturer or an agent of the 
                        manufacturer for credit, evaluation, 
                        and possible reuse.
                          (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.