39–006 

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 

2 

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, 

3 

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 generVerDate Aug 31 2005 23:37 Sep 28, 2005 Jkt 039006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR235.XXX HR235
4 

ator, 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 

5 

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 outof-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)). 

6 

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 

7 

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. 

8 

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. AlVerDate Aug 31 2005 23:37 Sep 28, 2005 Jkt 039006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR235.XXX HR235
9 

though 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 RamirezBranum. 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.’’

10 

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 

11 

(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 EnvironVerDate Aug 31 2005 23:37 Sep 28, 2005 Jkt 039006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR235.XXX HR235
12 

mental 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. 

* * * * * * * 

13 

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 

14 

(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 

15 

(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. 

16 

(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. 

Æ