HR 1138 IH

To amend section 402 of the Federal Water Pollution Control Act to provide that no permit shall be required for animal feeding operations within the boundaries of a State if the State has established and is implementing a nutrient management program for those animal feeding operations.

March 21, 2001

Mr. SMITH of Michigan (for himself and Mrs. EMERSON) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To amend section 402 of the Federal Water Pollution Control Act to provide that no permit shall be required for animal feeding operations within the boundaries of a State if the State has established and is implementing a nutrient management program for those animal feeding operations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

`(q) EXEMPTION OF CERTAIN ANIMAL FEEDING OPERATIONS-

`(1) IN GENERAL- If a State has established and is implementing a nutrient management program for animal feeding operations that meets the requirements of paragraph (2), no permit shall be required under this section with respect to such operations within the boundaries of the State.

`(2) SPECIFIED REQUIREMENTS- A nutrient management program for animal feeding operations referred to in paragraph (1) must meet the following requirements:

`(A) The program must be designed so that application of the program to such operations will assist the State in achieving its water quality goals.

`(B) The program must include guidelines to restrict the discharge of pollutants so as not to compromise water quality.

`(C) The program must include nutrient management planning guidelines for such operations.

`(3) ANIMAL FEEDING OPERATION- In this subsection, the term `animal feeding operation' means a lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period and crops, forage, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.'.

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