EDW18106 S.L.C.
115
TH
CONGRESS 2
D
S
ESSION
S.
ll
To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide an exemption from certain notice require-ments and penalties for releases of hazardous substances from animal waste at farms.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mrs. F
ISCHER
(for herself, Mr. D
ONNELLY
, Mr. B
ARRASSO
, Mr. R
OUNDS
, Mr. R
OBERTS
, Ms. H
EITKAMP
, Mr. C
OONS
, and Mr. C
ARPER
) introduced the following bill; which was read twice and referred to the Committee on
llllllllll
A BILL
To amend the Comprehensive Environmental Response, Com-pensation, and Liability Act of 1980 to provide an ex-emption from certain notice requirements and penalties for releases of hazardous substances from animal waste at farms.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fair Agricultural Re-
4
porting Method Act’’ or the ‘‘FARM Act’’.
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2
EDW18106 S.L.C.
SEC. 2. EXEMPTIONS FROM CERTAIN NOTICE REQUIRE-
1
MENTS AND PENALTIES.
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Section 103 of the Comprehensive Environmental Re-
3
sponse, Compensation, and Liability Act of 1980 (42
4
U.S.C. 9603) is amended by striking subsection (e) and
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inserting the following:
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‘‘(e) A
PPLICABILITY TO
R
EGISTERED
P
ESTICIDE
7
P
RODUCTS AND
A
IR
E
MISSIONS
F
ROM
A
NIMAL
W
ASTE AT
8
F
ARMS
.—
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‘‘(1) I
N GENERAL
.—This section shall not apply
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to—
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‘‘(A) the application of a pesticide product
12
registered under the Federal Insecticide, Fun-
13
gicide, and Rodenticide Act (7 U.S.C. 136 et
14
seq.) or the handling and storage of such a pes-
15
ticide product by an agricultural producer; or
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‘‘(B) air emissions from animal waste (in-
17
cluding decomposing animal waste) at a farm.
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‘‘(2) D
EFINITIONS
.—In this subsection:
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‘‘(A) A
NIMAL WASTE
.—
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‘‘(i) I
N GENERAL
.—The term ‘animal
21
waste’ means feces, urine, or other excre-
22
ment, digestive emission, urea, or similar
23
substances emitted by animals (including
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any form of livestock, poultry, or fish).
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3
EDW18106 S.L.C.
‘‘(ii) I
NCLUSIONS
.—The term ‘animal
1
waste’ includes animal waste that is mixed
2
or commingled with bedding, compost,
3
feed, soil, or any other material typically
4
found with such waste.
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‘‘(B) F
ARM
.—The term ‘farm’ means a
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site or area (including associated structures)
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that—
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‘‘(i) is used for—
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‘‘(I) the production of a crop; or
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‘‘(II) the raising or selling of ani-
11
mals (including any form of livestock,
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poultry, or fish); and
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‘‘(ii) under normal conditions, pro-
14
duces during a farm year any agricultural
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products with a total value equal to not
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less than $1,000.’’.
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SEC. 3. APPLICATION.
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Nothing in this Act or an amendment made by this
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Act affects, or supersedes or modifies the responsibility
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or authority of any Federal official or employee to comply
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with or enforce, any requirement under the Comprehensive
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Environmental Response, Compensation, and Liability Act
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of 1980 (42 U.S.C. 9601 et seq.), other than the haz-
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ardous substance notification requirements under section
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