109th CONGRESS
2d Session
S. 3681
To amend the Comprehensive Environmental Response Compensation
and Liability Act of 1980 to provide that manure shall not be considered
to be a hazardous substance, pollutant, or contaminant.
IN THE SENATE OF THE UNITED STATES
July 18, 2006
Mr. DOMENICI (for himself, Mrs. LINCOLN, Mr. CRAIG, Mr. PRYOR, Mr. ALLARD,
Mr. BROWNBACK, Mr. BURNS, Mr. BOND, Mr. CHAMBLISS, Mr. CORNYN, Mr. CRAPO,
Mrs. DOLE, Mr. GRASSLEY, Mr. HAGEL, Mr. LOTT, Mr. ROBERTS, Mr. STEVENS,
Mr. TALENT, Mr. THOMAS, Mr. THUNE, Mr. BURR, Mr. NELSON of Nebraska, and
Ms. LANDRIEU) introduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
A BILL
To amend the Comprehensive Environmental Response Compensation
and Liability Act of 1980 to provide that manure shall not be considered
to be a hazardous substance, pollutant, or contaminant.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Agricultural Protection and Prosperity Act
of 2006'.
SEC. 2. ANIMAL WASTE.
(a) Amendment of Superfund- Title III of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9651 et seq.)
is amended by adding at the end the following:
`SEC. 313. EXCEPTION FOR MANURE.
`(a) Definition of Manure- In this section, the term `manure' means--
`(1) digestive emissions, feces, urine, urea, and other excrement from
livestock (as defined in section 205.2 of title 7, Code of Federal Regulations
(or a successor regulation));
`(2) any associated bedding, compost, raw materials, or other materials
commingled with such excrement from livestock (as so defined);
`(3) any process water associated with any item referred to in paragraph
(1) or (2); and
`(4) any byproduct, constituent, or substance contained in or originating
from, or any emission relating to, an item described in paragraph (1),
(2), or (3).
`(b) Exemption- Upon the date of enactment of this section, manure shall
not be included in the meaning of--
`(1) the term `hazardous substance', as defined in section 101(14); or
`(2) the term `pollutant or contaminant', as defined in section 101(33).
`(c) Effect on Other Law- Nothing with respect to the enactment of this
subsection shall--
`(1) impose any liability under the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11001 et seq.) with respect to manure;
`(2) abrogate or otherwise affect any provision of the Air Quality Agreement
entered into between the Administrator and operators of animal feeding
operations (70 Fed. Reg. 4958 (January 31, 2005)); or
`(3) affect the applicability of any other environmental law as such a
law relates to--
`(A) the definition of manure; or
`(B) the responsibilities or liabilities of any person regarding the
treatment, storage, or disposal of manure.'.
(b) Amendment of SARA- Section 304(a)(4) of the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 11004(a)(4)) is amended--
(1) by striking `This section' and inserting the following:
`(A) IN GENERAL- This section'; and
(2) by adding at the end the following:
`(B) MANURE- The notification requirements under this subsection do
not apply to releases associated with manure (as defined in section
313 of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980).'.
END
