[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4341 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4341

  To amend the Comprehensive Environmental Response Compensation and 
  Liability Act of 1980 (``Superfund'') to provide that manure is not 
considered a hazardous substance or pollutant or contaminant under that 
                      Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2005

   Mr. Hall (for himself, Mr. Blunt, Mr. Peterson of Minnesota, Mr. 
 Goodlatte, Mr. Bonilla, Mr. Otter, Mr. Conaway, Mr. Deal of Georgia, 
Mr. Holden, Mr. Neugebauer, Mrs. Wilson of New Mexico, Mr. Carter, Mr. 
 Norwood, Mr. Thornberry, Mr. Sessions, Mr. Costa, Mr. Smith of Texas, 
   Mr. Osborne, Mr. Simpson, Mr. Pickering, Mr. Ross, Mr. Hayes, Mr. 
 Gohmert, Mr. Hensarling, Mr. Ortiz, Mr. Paul, Mr. Brady of Texas, Mr. 
  Pombo, Mr. Salazar, and Mr. Shadegg) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
 addition to the Committee on Transportation and Infrastructure, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Comprehensive Environmental Response Compensation and 
  Liability Act of 1980 (``Superfund'') to provide that manure is not 
considered a hazardous substance or pollutant or contaminant under that 
                      Act, 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. ANIMAL WASTE.

    (a) Amendment of Superfund.--Title III of the Comprehensive 
Environmental Response Compensation and Liability Act of 1980 (42 
U.S.C. 9601) is amended by adding the following new section at the end 
thereof:

``SEC. 312. EXCEPTION FOR MANURE.

    ``(a) In General.--Upon the date of enactment of this section, 
manure shall not be included in the meaning of `hazardous substance' 
under section 101(14) of this Act or `pollutant or contaminant' under 
section 101(33) of this Act.
    ``(b) Elimination of Paperwork Requirements.--(1) The enactment of 
this section shall not be construed to impose any liability under 
provisions of the Emergency Planning and Community Right-to-Know Act of 
1986 for manure.
    ``(2) The enactment of this section shall not be interpreted or 
construed to affect or abrogate the establishment nor the provisions of 
the Air Quality Compliance Agreement, published in Volume 70, No. 19 of 
the Federal Register on Jan. 31, 2005, and entered into by agricultural 
operators and the Administrator.
    ``(c) No Effect on Other Environmental Law.--Nothing in this 
section shall affect the applicability of any other environmental 
statute as it relates to the definition of manure, or the 
responsibilities or liabilities of any person regarding, the treatment, 
storage, or disposal of manure.
    ``(d) Definition.--For the purposes of this section, the term 
`manure' means--
            ``(1) digestive emissions, feces, urine, urea and other 
        excrement from livestock (as defined by 7 C.F.R. 205.2);
            ``(2) any associated bedding, compost, raw materials or 
        other materials commingled with such excrement from livestock 
        (as defined by 7 C.F.R. 205.2);
            ``(3) any process water associated with the items referred 
        to in paragraph (1) or (2); and
            ``(4) any byproducts, constituents, or substances contained 
        in, originating from, or emissions relating to the items 
        described in paragraph (1), (2), or (3).''.
    (b) Amendment of SARA.--Section 304(a)(4) of the Superfund 
Amendments and Reauthorization Act of 1986 (Pub. L. 99-499; 100 Stat. 
1655.) is amended by adding the following at the end thereof: ``The 
notification requirements under this subsection shall not apply to 
releases associated with manure (as defined in section 312 of the 
Comprehensive Environmental Response Compensation and Liability Act of 
1980).'' .
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