[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3681 Introduced in Senate (IS)]








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).''.
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