[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1407 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1407

 To regulate concentrated animal feeding operations for the protection 
     of the environment and public health, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2003

  Mr. Edwards introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To regulate concentrated animal feeding operations for the protection 
     of the environment and public health, and for other purposes.

    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 ``Concentrated Livestock Existing 
Alongside Nature Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Animal owner.--
                    (A) In general.--The term ``animal owner'' means 
                the person that has the primary ownership, controlling, 
                or beneficial interest in the animals in a concentrated 
                animal feeding operation.
                    (B) Inclusions.--The term ``animal owner'' includes 
                an employee or agent of a person described in 
                subparagraph (A).
            (3) Animal waste.--
                    (A) In general.--The term ``animal waste'' means 
                the excreta or other associated waste of an animal.
                    (B) Inclusions.--The term ``animal waste'' includes 
                litter, bedding, a dead animal, a composted animal 
                carcass, or other residual organic matter from a 
                concentrated animal feeding operation.
            (4) Animal waste management plan.--The term ``animal waste 
        management plan'' means a written statement submitted by the 
        operator of a concentrated animal feeding operation to the 
        Administrator detailing the manner in which the operation will 
        comply with this Act.
            (5) Animal weight capacity.--The term ``animal weight 
        capacity'' means the product obtained by multiplying--
                    (A) the maximum number of animals in a concentrated 
                animal feeding operation at any 1 time during a year; 
                and
                    (B) the average weight of such an animal during a 
                production cycle (as defined by the Administrator).
            (6) Application.--The term ``application'' means laying, 
        spreading on, irrigating, injecting, or otherwise placing 
        animal waste on land by any means.
            (7) Approved plan.--The term ``approved plan'' means an 
        animal waste management plan for which a written notice of 
        approval has been issued by the Administrator, and is 
        effective, under this Act.
            (8) Concentrated animal feeding operation.--
                    (A) In general.--The term ``concentrated animal 
                feeding operation'' means any livestock or poultry 
                feeding operation that--
                            (i)(I) confines animals to areas that are 
                        totally roofed;
                            (II) if the operation does not confine 
                        animals to areas that are totally roofed, 
                        confines animals to areas in which the animal 
                        density, measured as the ratio of the number of 
                        animals to the acreage of the areas in which 
                        the animals are confined, exceeds a level 
                        established by the Administrator on the basis 
                        of the potential for surface and ground water 
                        pollution from animal waste; or
                            (III) collects animal excreta for disposal, 
                        storage, or application with a mechanical or 
                        flushing system or by other means;
                            (ii) holds animals for 45 days or more 
                        during any 1-year period; and
                            (iii) has a capacity of at least 1,000 
                        animals.
                    (B) Inclusions.--The term ``concentrated animal 
                feeding operation'' includes--
                            (i) all structures and land used for the 
                        collection, storage, treatment, or application 
                        of animal waste from an operation described in 
                        subparagraph (A); and
                            (ii) each of 2 or more operations described 
                        in subparagraph (A) in which the animals are 
                        under common ownership or control, if the 
                        combined animal weight capacity of the 
                        operations exceeds the amounts described in 
                        subparagraph (A)(iii).
            (9) Containment structure.--The term ``containment 
        structure'' means a lagoon, pit, tank, or other structure used 
        to receive and store animal waste, regardless of the length of 
        time the waste remains in such a structure.
            (10) Containment system.--The term ``containment system'' 
        means all structures or devices used exclusively or partly for 
        the collection, storage, composting, transportation, or 
        application of animal waste from a concentrated animal feeding 
        operation.
            (11) Department.--The term ``Department'' means the 
        Department of Agriculture.
            (12) Dry waste operation.--The term ``dry waste operation'' 
        means a concentrated animal feeding operation in which animal 
        waste is collected and stored exclusively in a dry form.
            (13) Earthen lagoon.--The term ``earthen lagoon'' means an 
        earthen cavity or structure, covered or uncovered, that 
        receives and stores for any period of time animal waste from 
        animals in a concentrated animal feeding operation.
            (14) Formed storage structure.--The term ``formed storage 
        structure'' means a structure, covered or uncovered, that has 
        walls and a floor constructed of concrete, concrete block, 
        wood, steel, or similar material, including plastic, rubber, 
        fiberglass, or other synthetic material.
            (15) Operator.--
                    (A) In general.--The term ``operator'' means a 
                person that owns or controls a concentrated animal 
                feeding operation.
                    (B) Agents.--If the operator of a concentrated 
                animal feeding operation is not the same person as the 
                animal owner, the operator shall be considered to be an 
                agent of the animal owner, notwithstanding any contract 
                or other agreement entered into between the owner and 
                the operator.
            (16) Wet waste operation.--The term ``wet waste operation'' 
        means a concentrated animal feeding operation in which animal 
        waste is collected and stored in a liquid or semiliquid form.

SEC. 3. WATER AND SOIL POLLUTION.

    (a) Maximum Levels for Nitrogen and Phosphorus.--The application of 
animal waste to land by any person is prohibited if (taking into 
account all sources of nutrients, including commercial fertilizer) the 
application of animal waste would result in the application of nitrogen 
or phosphorus in a quantity that significantly increases the risk of 
increased soil toxicity or the pollution of surface or ground water.
    (b) Maximum Levels for Other Substances.--
            (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator, in consultation with 
        the Secretary of Agriculture, shall establish maximum permitted 
        levels for other nutrients, minerals, metals, or other 
        substances found in animal waste whose presence in land above 
        the levels would pose a significant threat of soil toxicity or 
        environmental pollution.
            (2) Excess levels.--The application of animal waste to land 
        by any person is prohibited if following the application of the 
        animal waste the level of a substance referred to in paragraph 
        (1) would exceed the maximum level established for the 
        substance by the Administrator.
    (c) Application of Waste to Land.--
            (1) Aerial spraying.--The Administrator, in consultation 
        with the Secretary of Agriculture, shall establish--
                    (A) minimum distances from environmentally 
                sensitive locations and locations with high population 
                density or sensitive populations (including distances 
                from neighboring residences, schools, day care centers, 
                hospitals, medical facilities, surface water, water 
                supply wells, wetlands not used for water treatment 
                purposes, floodplains, and the drainage areas of 
                drainage wells, drainage ditches, tile drainage lines, 
                and subsurface drainage inlets) within which animal 
                waste shall not be applied by aerial spraying; and
                    (B) limits and prohibitions on aerial spraying on 
                compromised soil during severe inclement weather.
            (2) Other applications.--Animal waste shall not be 
        applied--
                    (A) on ice, snow, frozen soil, or water-saturated 
                soil; or
                    (B) in other conditions designated by the 
                Administrator.
    (d) Containment or Treatment of All Waste.--
            (1) Containment.--Any containment system shall retain all 
        animal waste produced by the operation between applications, 
        including runoff that runs through or into any area or 
        structure in which animal waste is present.
            (2) Treatment of excess waste.--If a wet waste operation 
        produces more animal waste than can be applied to land in 
        accordance with this Act or used for another purpose determined 
        by the Administrator to pose no significant risk of water 
        pollution, the operation shall treat the excess animal waste in 
        accordance with Federal, State, and local laws (including 
        regulations) governing the treatment of human waste.
            (3) Storage of excess waste.--If a dry waste operation 
        produces more animal waste than can be applied to land in 
        accordance with this Act or used for another purpose determined 
        by the Administrator to pose no significant risk of water 
        pollution, animal waste of the operation shall be stored only 
        in a covered, formed storage structure constructed in 
        accordance with technical standards established by the 
        Administrator that ensure that the structure--
                    (A) has the structural integrity to withstand 
                expected internal and external load pressures; and
                    (B) will not discharge animal waste.
    (e) Construction and Use of Certain Structures.--An owner or 
operator of a concentrated animal feeding operation shall not construct 
or, effective beginning on the date that is 3 years after the date of 
enactment of this Act, use for the storage of animal waste--
            (1) a containment system, if any portion of the system is 
        located below the highest ground water level that occurs during 
        the year; or
            (2) an earthen lagoon that is--
                    (A) located in an area with characteristics 
                (including topology, hydrology, and soil composition) 
                that do not allow (according to technical standards 
                established by the Administrator) the construction of 
                an earthen lagoon without a significant risk of water 
                pollution from animal waste;
                    (B) located within minimum distances established by 
                the Administrator from environmentally sensitive 
                locations and locations with high population density or 
                sensitive populations (including distances from 
                neighboring residences, schools, day care centers, 
                hospitals, medical facilities, surface water, water 
                supply wells, wetlands not used for water treatment 
                purposes, floodplains, and the drainage areas of 
                drainage wells, drainage ditches, tile drainage lines, 
                and subsurface drainage inlets); or
                    (C) not lined in accordance with technical 
                standards established by the Administrator that use the 
                best available technology.
    (f) Containment System for Wet Waste Operations.--The containment 
system for a wet waste operation shall include--
            (1) emergency shutoff devices that are designed and placed 
        in a manner that ensures the fastest practicable containment of 
        animal waste in the event of an unexpected leakage or other 
        discharge; and
            (2) failsafe structures that will contain, in the event 
        that a containment structure breaches or overflows, a minimum 
        quantity of animal waste equal to the maximum quantity loaded 
        into the containment structure in any 48-hour period.
    (g) Discontinuation of Use of Animal Waste Storage Structures.--
            (1) In general.--An operator that ceases use of an animal 
        waste storage structure shall, not later than 180 days after 
        the date on which use of the structure ceases, remove and 
        dispose of all animal waste from the structure in accordance 
        with this Act.
            (2) Permit.--An operator shall maintain for a storage 
        structure all applicable permits required under the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.) until such 
        time as all animal waste is removed from the storage structure.
    (h) Application of Animal Waste on Other Land.--Before applying 
animal waste from a concentrated animal feeding operation on land other 
than land owned by the animal owner or operator, the animal owner and 
the owner of the land where the waste will be applied shall execute a 
written agreement that includes such terms and conditions as are 
necessary to ensure that the waste is applied in accordance with this 
Act.
    (i) No Authorization of Discharges.--Nothing in this section 
authorizes the direct discharge of animal waste into surface water.

SEC. 4. AIR POLLUTION.

    Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by 
adding at the end the following:
    ``(e) Hydrogen Sulfide and Ammonia.--
            ``(1) Definition of cafo.--The term `CAFO' has the meaning 
        given the term `concentrated animal feeding operation' in 
        section 2 of the Concentrated Livestock Existing Alongside 
        Nature Act.
            ``(2) Limits on emissions.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Administrator 
                shall promulgate national primary ambient air quality 
                standards for hydrogen sulfide and ammonia as measured 
                at any point on the property line of a CAFO.
                    ``(B) Permitted exceedances.--A CAFO may exceed a 
                standard under subparagraph (A) on not more than 7 days 
                in any calendar year if, for each day on which the 
                standard is to be exceeded, the owner or operator of 
                the CAFO provides to a State or local official 
                designated by the Administrator, at least 48 hours 
                before the day on which the standard will be exceeded, 
                notice of the upcoming exceedance.
            ``(3) No effect on other law; applicability.--Nothing in 
        paragraph (2)--
                    ``(A) preempts any State or local law that imposes 
                a requirement that is more stringent than a requirement 
                under paragraph (2); or
                    ``(B) applies--
                            ``(i) in any State that has in effect a 
                        statewide moratorium on the construction or 
                        expansion of CAFOs; and
                            ``(ii) provides, under State law (including 
                        a regulation) equal or greater protection 
                        against air pollution from CAFOs.''.

SEC. 5. PLAN APPROVAL.

    (a) In General.--The Administrator shall establish and carry out an 
animal waste management program under which the Administrator shall 
approve an animal waste management plan submitted by an animal owner if 
the plan meets the requirements of this Act.
    (b) Inspection; Notice.--Prior to approving an animal waste 
management plan, the Administrator, acting through the Chief of the 
Natural Resources Conservation Service, shall conduct an on-site 
inspection of the concentrated animal feeding operation to determine 
whether the proposed animal waste management plan adequately takes into 
account the specific circumstances of the operation.
    (c) Compliance.--Approval of an animal waste management plan shall 
be conditioned on the concentrated animal feeding operation remaining 
in compliance with the plan and this Act.
    (d) Operation of Existing Concentrated Animal Feeding Operations.--
Beginning on the date that is 18 months after the date of enactment of 
this Act, a concentrated animal feeding operation in existence on the 
date of enactment of this Act shall not operate unless the animal owner 
of the operation has obtained approval of an animal waste management 
plan for the operation from the Administrator.
    (e) Construction or Expansion of Concentrated Animal Feeding 
Operations.--The construction or expansion of a concentrated animal 
feeding operation, or the expansion of a livestock or poultry feeding 
operation that would make the operation a concentrated animal feeding 
operation, is prohibited unless the animal owner of the operation has 
obtained approval of an animal waste management plan from the 
Administrator.
    (f) Duration.--
            (1) In general.--Approval of an animal waste management 
        plan may be effective for any period not to exceed 5 years.
            (2) Deadline for completion.--Approval of an animal waste 
        management plan for the construction or expansion of a 
        concentrated animal feeding operation shall expire if the 
        construction or expansion is not completed within 1 year after 
        the date on which the approval is provided.
            (3) Renewal.--
                    (A) In general.--An application for renewal of 
                approval of an animal waste management plan shall be 
                submitted to the Administrator at least 180 days before 
                the date on which the approval expires.
                    (B) Terms and conditions.--Renewal of approval of 
                an animal waste management plan shall be subject to the 
                terms and conditions that apply to the approval of an 
                animal waste management plan for a concentrated animal 
                feeding operation at the time of renewal.

SEC. 6. ANIMAL WASTE MANAGEMENT PLANS.

    (a) In General.--In consultation with the Secretary of Agriculture, 
the Administrator shall establish--
            (1) the required elements of an animal waste management 
        plan; and
            (2) technical standards for each element.
    (b) Purpose.--The required elements of an animal waste management 
plan shall be designed to prevent discharge of animal waste into 
surface or ground water.
    (c) Minimum Required Elements.--In addition to any other 
requirements imposed under this Act, the required elements of an animal 
waste management plan for a concentrated animal feeding operation shall 
include--
            (1) the names, addresses, and telephone numbers of the 
        animal owner and operator;
            (2) the location and number of acres of the concentrated 
        animal feeding operation;
            (3) the location of the properties adjoining the 
        concentrated animal feeding operation and the names, addresses, 
        and telephone numbers of the owners of the properties;
            (4) if any animal waste will be applied on land other than 
        land owned by the animal owner or operator, a copy of each 
        written agreement executed between the animal owner and the 
        owner of the land where the waste will be applied that relates 
        to the waste;
            (5) a map indicating the general layout of the concentrated 
        animal feeding operation, including--
                    (A) the location of each building or other 
                structure;
                    (B) the location of all portions of the containment 
                system;
                    (C) the location and flow of any surface water; and
                    (D) the direction and degree of all grades within 
                the property lines of the concentrated animal feeding 
                operation;
            (6) a certification by the animal owner that the animal 
        owner will be responsible for and will ensure compliance with 
        the animal waste management plan and the requirements of this 
        Act;
            (7) information necessary to determine the land area 
        required for the application of animal waste from the 
        concentrated animal feeding operation in accordance with the 
        requirements of this Act and any crop or cover schedule 
        specified in the plan;
            (8) a schedule for periodic testing of soil nutrient 
        levels;
            (9) a schedule for periodic testing of animal waste 
        nutrient levels;
            (10) an estimate of the annual animal production and the 
        annual quantity of each type of animal waste produced by the 
        concentrated animal feeding operation;
            (11) a description of the nutrient management methods, 
        procedures, and practices to be used by the concentrated animal 
        feeding operation to ensure that nutrients from all sources, 
        including animal waste and commercial fertilizer, are applied 
        in accordance with this Act;
            (12) a description of the methods, structures, or practices 
        to be used by the concentrated animal feeding operation to 
        prevent or minimize--
                    (A) soil loss;
                    (B) surface water pollution;
                    (C) ground water pollution; and
                    (D) odors caused by animal waste during collection, 
                storage, and application;
            (13) technical specifications for the design and 
        construction of containment systems to be used by the 
        concentrated animal feeding operation;
            (14) a description of methods, procedures, and practices to 
        be used by the concentrated animal feeding operation for--
                    (A) operation, monitoring, maintenance, and 
                inspection of animal waste storage facilities; and
                    (B) handling, transportation, application, and 
                treatment of animal waste, including storage volume, 
                schedules for emptying storage facilities, and 
                application schedules, rates, and locations;
            (15) a description of contingency measures to be used by 
        the concentrated animal feeding operation to minimize 
        environmental pollution resulting from any unexpected waste 
        leak or discharge;
            (16) a description of practices and procedures to be used 
        by the concentrated animal feeding operation for the keeping of 
        records detailing compliance with the animal waste management 
        plan and this Act; and
            (17) any additional requirements necessary to comply with 
        applicable Federal, State, and local laws (including 
        regulations).

SEC. 7. RECORDKEEPING.

    (a) In General.--An animal owner shall maintain a current animal 
waste management plan and records that are sufficient to demonstrate 
compliance with the plan and this Act.
    (b) Duration.--The animal owner shall retain the records for not 
less than 3 years.

SEC. 8. REGULATIONS.

    The Administrator shall promulgate such regulations as are 
appropriate to carry out this Act.

SEC. 9. ENFORCEMENT; PENALTIES.

    (a) Closure of Concentrated Animal Feeding Operations.--The 
Administrator shall take such actions as are necessary to compel the 
closure of a concentrated animal feeding operation if--
            (1) an animal waste management plan for the operation is 
        not submitted for approval, and approved, in accordance with 
        this Act; or
            (2) the approval of the plan for the operation has been 
        revoked by the Administrator.
    (b) Modification, Suspension, or Revocation of Plans.--
            (1) In general.--The Administrator may modify, suspend, or 
        revoke, in whole or in part, the approval of an approved plan 
        for cause.
            (2) Cause.--Cause for modification, suspension, or 
        revocation of the approval may include--
                    (A) failure to comply with the approved plan;
                    (B) a change in any condition of the concentrated 
                animal feeding operation that requires a change in the 
                containment system to maintain compliance with this 
                Act; and
                    (C) failure to submit to the Administrator, on 
                request, any records and information required to be 
                maintained under this Act.
    (c) Mandatory Review of Management Practices.--If a concentrated 
animal feeding operation is determined in an administrative action or 
proceeding of any Federal or State agency to have caused significant 
water pollution, the Administrator shall review the animal waste 
management practices of the concentrated animal feeding operation to 
determine if--
            (1) the pollution resulted from failure to comply with an 
        approved plan; and
            (2) modifications to the approved plan are required to 
        prevent further pollution.
    (d) Liability for Violations.--For the purpose of this section, an 
animal owner shall be considered to be liable for a violation of this 
Act by the owner or operator of a concentrated animal feeding operation 
in which the animals of the animal owner are located, or by any other 
agent of an animal owner, who is acting within the scope of the 
authority of the agent.
    (e) Transfer of Responsibility or Liability From Owners to 
Operators.--No provision of a contract or other agreement between an 
animal owner and an operator shall transfer responsibility or liability 
under this Act from the animal owner to the operator.
    (f) Civil Penalty.--
            (1) In general.--The Administrator may impose on a person 
        that fails to comply with any provision of this Act (including 
        a regulation promulgated under this Act and any provision of an 
        applicable animal waste management plan or approved plan) such 
        civil penalty as the Administrator considers to be 
        appropriate--
                    (A) to remedy the violation; and
                    (B) to deter future violations.
            (2) Continuing failure to comply.--The Administrator may 
        impose a civil penalty under paragraph (1) for each day on 
which a failure of compliance continues.

SEC. 10. WAIVER.

    (a) In General.--The Administrator may waive any or all of the 
requirements of this Act with respect to owners and operators that the 
Administrator determines are subject to similar State requirements that 
are equally stringent as or more stringent than the requirements of 
this Act.
    (b) Determination.--The Administrator shall make a determination 
under subsection (a) if the Administrator determines that a State--
            (1) enforces a moratorium on the construction or expansion 
        of concentrated animal feeding operations;
            (2) participates in the national pollutant discharge 
        elimination system program under section 402 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1342); and
            (3) provides through State law (including a regulation) 
        equal or greater protection against pollution from concentrated 
        animal feeding operations.

SEC. 11. VOLUNTARY COMPLIANCE INCENTIVES UNDER ENVIRONMENTAL QUALITY 
              INCENTIVES PROGRAM.

    (a) Eligible Practices.--Section 1240B of the Food Security Act of 
1985 (16 U.S.C. 3839aa-2) is amended--
            (1) in subsection (a)(2)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting 
                appropriately;
                    (B) by striking ``With respect'' and inserting the 
                following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), with respect''; and
                    (b) by adding at the end the following:
                    ``(B) Ineligible practices.--A producer shall not 
                be eligible for cost-share payments for the 
                construction or expansion of a concentrated animal 
                feeding operation (as defined in section 3 of the 
                Concentrated Livestock Existing Alongside Nature 
                Act).'';
            (2) in subsection (b)(1), by striking ``A contract'' and 
        inserting the following: ``Except as provided in subsection 
        (a)(2)(B), a contract''.
    (c) High Priority for Assistance and Payments.--Section 1240C of 
the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended by 
striking paragraphs (1) and (2) and inserting the following:
            ``(1) encourage the use by producers of
                    ``(A) environmentally superior technologies; or
                    ``(B) cost-effective conservation practices; or
            ``(2) are provided for the development and implementation 
        of animal waste management plans that meet standards 
        established under the Concentrated Livestock Existing Alongside 
        Nature Act by livestock producers for whom animal waste 
        management plans are not required under that Act.''.
    (d) Approved Plan.--Section 1240E(a) of the Food Security Act of 
1985 (16 U.S.C. 3839aa-5(a)) is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively, and indenting 
        appropriately;
            (2) by striking ``(a) In General.--To be'' and inserting 
        the following:
    ``(a) Requirements.--
            ``(1) In general.--To be''; and
            (3) by adding at the end the following:
            ``(2) Animal waste management plan.--An animal waste 
        management plan that meets the requirements of the Concentrated 
        Livestock Existing Alongside Nature Act, but that is prepared 
        by a livestock operator that is too small to be considered a 
        concentrated feeding operation (as defined in section 3 of that 
        Act), shall be considered to be an approved plan of operations 
        under the environmental quality incentives program.''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act such 
sums as are necessary for each of fiscal years 2003 through 2007.
                                 <all>