WASHINGTON – Today, the Energy and Commerce Committee’s Subcommittee on Environment and Hazardous Materials held a hearing on banning hazardous chemicals in the U.S.. Congressman Bart Stupak (D-Menominee) questioned the expert panel about the administration’s position on the long awaited enforcement policy to regulate Canadian trash into Michigan. After receiving an inadequate answer, he demanded a more substantial response within 30 days.

“Here we are talking about legislation the administration supports to ban hazardous materials in the U.S. but the administration will not set an enforcement position on Canadian waste coming over in garbage trucks. For 14 years I have been asking the E.P.A. for their enforcement policy on Canadian trash coming into Michigan. For 14 years, the E.P.A. witnesses have stated I would have the enforcement policy ‘shortly’,” Stupak said. “The experts testified that, as representatives of the administration, they do not want to be ‘merely observers’ on international environmental concerns yet, they stand by and watch this waste being imported to Michigan each day. I’m done being patient, I want an answer within 30 days. I may not like the answer, but I’m done waiting.”

“No legislation to enforce U.S.-Canadian waste agreement has been sent to Congress since the last time E.P.A. testified before this committee, 19 months ago. I think we’re far beyond the window constituting ‘shortly’,” Stupak said. “In the meantime, the Committee unanimously approved the International Solid Waste and Management Act in September of 2005 and the Administration won’t even comment on whether it supports this legislation.”

The main topic of today’s hearing was on legislation to implement a standard on hazardous materials, which would essentially ban 12 chemicals that have been found harmful to humans. One of these chemicals is a flame retardant called polybrominated diphenyl, also known as PBDE. The state of Michigan has stringent regulations on this chemical. Stupak questioned the experts on whether the legislation, if enacted, would supercede Michigan law, hence weakening the states’ requirements. Again, not receiving an adequate response, Stupak demanded his questions be addressed with in the same 30 day window as his trash concerns.

“I am concerned that under this bill, the federal government will not take the appropriate action in banning this chemical, or worse, will preempt Michigan’s law, no longer allowing the state to effectively regulate its use,” Stupak said at the hearing. “This would be a step backward in the effort Michigan has taken to protect public health.”

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