The Honorable Christine Todd Whitman
Administrator
Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460-0001

Dear Administrator Whitman:

I recently learned that in 1992 the United States and Canada amended the Agreement Between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste so that it would apply to "municipal solid waste that is sent for final disposal or for incineration with energy recovery ... in the United States (U.S.)." The amendment was apparently effected through an exchange of letters between the Parties. This bilateral agreement, which continues in effect today, obligates Canada to notify the United States of individual shipments or a series of shipments of municipal solid waste into our country. The Environmental Protection Agency (EPA) as the "designated authority" for the United States would receive the notification and has 30 days to respond and object to the shipment(s) or provide its consent.

According to the latest available information for fiscal year 2001, Canada is sending 5.8 million cubic yards of municipal solid waste to the State of Michigan annually for disposal. The City of Toronto has apparently made a decision to use Michigan as the dumping ground for all of its city trash, resulting in a significant increase in future imports.

During the past two years, imports from Canada have risen 152% and now constitute almost half the imported waste received at Michigan landfills. The thousands upon thousands of truck loads of Canadian waste we receive each year are delivering more to Michigan than garbage. Each and every truck adds to our already congested highways, spurs new concerns over traffic safety, pollutes our air and eats up our energy, not to mention our roads.

Canada appears to be in total disregard of its obligations under the bilateral agreement and the EPA has utterly failed over the past 10 years to protest Canada’s behavior or use "best efforts" to see that the agreement is complied with. According to a recent memorandum from the Congressional Research Service (enclosed), the two governments have not implemented the notice and consent provisions of the bilateral agreement for the purpose of municipal solid waste shipments. As a result, the citizens of Michigan are suffering the consequences of long-haul shipments of garbage from Canada, a country with abundant space for disposal facilities to take care of its own garbage.

I call upon you to take immediate and forceful action to implement and comply with the notice and consent provisions of the existing bilateral agreement. Further, I request a response by Friday, April 12, 2002, describing any specific efforts the United States has undertaken to ensure that Canada complies with the terms of the bilateral agreement with respect to shipments of municipal solid waste. Further, I request that you detail any efforts to determine if shipments from Canada contain hazardous or radioactive waste materials.

Ten years of neglect and non-compliance with this important bilateral agreement is outrageous. I call upon you to act immediately in the best interests of the citizens of Michigan and withhold consent for Canadian municipal solid waste unless the affected local governments and the Governor approve.

Sincerely,

JOHN D. DINGELL
RANKING MEMBER