1.Short title; table of
contents
(a)This Act may be cited
as the Freeing Agriculture to Reap
More Act
.
(b)
Sec. 1. Short title; table of contents.
Sec. 101. No regulation of emissions of greenhouse gases under
the Clean Air Act.
Sec. 102. Exemptions from requirements for certain farm
vehicles.
Sec. 103. Prohibition of revision to coarse particulate matter
air quality standards.
Sec. 104. Rule of construction of OSHA safety standard relating
to the use of sweep augers.
Sec. 105. Hazardous material endorsement exemption.
Sec. 106. Definition of waters of the United
States.
Sec. 107. Prohibition of imposition of fee or tax on gaseous
emissions by livestock.
Sec. 108. Pesticide regulations.
Sec. 109. Gross income exception for dealers under the Animal
Welfare Act.
Sec. 110. Prohibition on provision of Department of Agriculture
funds and administrative support for White House Rural Council.
Sec. 111. Prohibition against inclusion of indirect emissions
from land use changes.
Sec. 112. Delay of effective date of derivatives regulations
pending cumulative analysis.
Sec. 113. Transportation of agricultural commodities and farm
supplies.
Sec. 114. Restriction on rulemaking related to child
agricultural labor.
101.No regulation
of emissions of greenhouse gases under the Clean Air ActTitle III of the Clean Air Act (42 U.S.C.
7601 et seq.) is amended by adding at the end the following:
330.No regulation
of emissions of greenhouse gases
(a)In
this section, the term greenhouse gas means any of the
following:
(1)Water
vapor.
(2)Carbon
dioxide.
(3)Methane.
(4)Nitrous
oxide.
(5)Sulfur
hexafluoride.
(6)Hydrofluorocarbons.
(7)Perfluorocarbons.
(8)Any other
substance subject to, or proposed to be subject to, regulation, action, or
consideration under this Act to address climate change.
(b)Limitation on
agency action
(1)
(A)The Administrator may not, under this Act, promulgate any
regulation concerning, take action relating to, or take into consideration the
emission of a greenhouse gas to address climate change.
(B)The definition of the term air pollutant
in section 302(g) does not include a greenhouse gas. Notwithstanding the
previous sentence, such definition may include a greenhouse gas for purposes of
addressing concerns other than climate change.
(2)Paragraph
(1) does not prohibit the following:
(A)Notwithstanding
paragraph (4)(B), implementation and enforcement of the rule entitled
Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate
Average Fuel Economy Standards
(as published at 75 Fed. Reg. 25324 (May
7, 2010) and without further revision) and finalization, implementation,
enforcement, and revision of the proposed rule entitled Greenhouse Gas
Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty
Engines and Vehicles
published at 75 Fed. Reg. 74152 (November 30,
2010).
(B)Implementation and
enforcement of section 211(o).
(C)Statutorily
authorized Federal research, development, demonstration programs and voluntary
programs addressing climate change.
(D)Implementation and
enforcement of title VI to the extent such implementation or enforcement only
involves one or more class I substances or class II substances (as such terms
are defined in section 601).
(E)Implementation and
enforcement of section 821 (42 U.S.C. 7651k note) of Public Law 101–549
(commonly referred to as the Clean Air Act Amendments of
1990
).
(3)Inapplicability
of provisionsNothing listed in paragraph (2) shall cause a
greenhouse gas to be subject to part C of title I (relating to prevention of
significant deterioration of air quality) or considered an air pollutant for
purposes of title V (relating to permits).
(4)Certain prior
agency actionsThe following rules and actions (including any
supplement or revision to such rules and actions) are repealed and shall have
no legal effect:
(A)Mandatory
Reporting of Greenhouse Gases
, published at 74 Fed. Reg. 56260 (October
30, 2009).
(B)Endangerment
and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of
the Clean Air Act
, published at 74 Fed. Reg. 66496 (December 15,
2009).
(C)Reconsideration
of Interpretation of Regulations That Determine Pollutants Covered by Clean Air
Act Permitting Programs
, published at 75 Fed. Reg. 17004 (April 2,
2010) and the memorandum from Stephen L. Johnson, Environmental Protection
Agency (EPA) Administrator, to EPA Regional Administrators, concerning
EPA’s Interpretation of Regulations that Determine Pollutants Covered by
Federal Prevention of Significant Deterioration (PSD) Permit Program
(December 18, 2008).
(D)Prevention
of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule
,
published at 75 Fed. Reg. 31514 (June 3, 2010).
(E)Action To
Ensure Authority To Issue Permits Under the Prevention of Significant
Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of
Substantial Inadequacy and SIP Call
, published at 75 Fed. Reg. 77698
(December 13, 2010).
(F)Action To
Ensure Authority To Issue Permits Under the Prevention of Significant
Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of
Failure To Submit State Implementation Plan Revisions Required for Greenhouse
Gases
, published at 75 Fed. Reg. 81874 (December 29, 2010).
(G)Action To
Ensure Authority To Issue Permits Under the Prevention of Significant
Deterioration Program to Sources of Greenhouse Gas Emissions: Federal
Implementation Plan
, published at 75 Fed. Reg. 82246 (December 30,
2010).
(H)Action To
Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse
Gas Tailoring Rule
, published at 75 Fed. Reg. 82254 (December 30,
2010).
(I)Determinations
Concerning Need for Error Correction, Partial Approval and Partial Disapproval,
and Federal Implementation Plan Regarding Texas Prevention of Significant
Deterioration Program
, published at 75 Fed. Reg. 82430 (December 30,
2010).
(J)Limitation
of Approval of Prevention of Significant Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in State Implementation Plans
,
published at 75 Fed. Reg. 82536 (December 30, 2010).
(K)Determinations
Concerning Need for Error Correction, Partial Approval and Partial Disapproval,
and Federal Implementation Plan Regarding Texas Prevention of Significant
Deterioration Program; Proposed Rule
, published at 75 Fed. Reg. 82365
(December 30, 2010).
(L)Except for actions
listed in paragraph (2), any other Federal action under this Act occurring
before the date of enactment of this section that applies a stationary source
permitting requirement or an emissions standard for a greenhouse gas to address
climate change.
(5)
(A)This section does not limit or otherwise affect the
authority of a State to adopt, amend, enforce, or repeal State laws and
regulations pertaining to the emission of a greenhouse gas.
(B)
(i)Notwithstanding
subparagraph (A), any provision described in clause (ii)—
(I)is not federally
enforceable;
(II)is not deemed to
be a part of Federal law; and
(III)is deemed to be
stricken from the plan described in clause (ii)(I) or the program or permit
described in clause (ii)(II), as applicable.
(ii)For purposes of clause (i), the term
provision means any provision that—
(I)is contained in a
State implementation plan under section 110 and authorizes or requires a
limitation on, or imposes a permit requirement for, the emission of a
greenhouse gas to address climate change; or
(II)is part of an
operating permit program under title V, or a permit issued pursuant to title V,
and authorizes or requires a limitation on the emission of a greenhouse gas to
address climate change.
(C)The Administrator may not approve or make federally
enforceable any provision described in subparagraph
(B)(ii).
.
102.Exemptions from
requirements for certain farm vehicles
(a)A covered farm
vehicle, including the individual operating that vehicle, shall be exempt from
the following:
(1)Any requirement
relating to commercial driver’s licenses established under chapter 313 of title
49, United States Code.
(2)Any requirement
relating to drug testing established under chapter 313 of title 49, United
States Code.
(3)Any requirement
relating to medical certificates established under chapter 313 of title 49,
United States Code.
(4)Any requirement
relating to hours of service established under—
(A)subchapter III of chapter 311 of title 49,
United States Code; or
(B)chapter 315 of
title 49, United States Code.
(b)
(1)Federal transportation funding to a State may not be
terminated, limited, or otherwise interfered with as a result of the State
exempting a covered farm vehicle, including the individual operating that
vehicle, from any State requirement relating to the operation of that
vehicle.
(2)Paragraph
(1) does not apply with respect to a covered farm vehicle transporting
hazardous materials that require a placard.
(c)Covered farm
vehicle defined
(1)In this section, the term covered farm
vehicle means a motor vehicle that—
(A)is
traveling—
(i)in the State in
which the vehicle is registered; or
(ii)in a State other
than the State in which the vehicle is registered;
(B)is operated
by—
(i)a farm
owner;
(ii)a ranch
owner;
(iii)a farm
operator;
(iv)a ranch operator;
or
(v)an employee or
family member of an individual specified in clauses (i) through (iv);
(C)is
transporting—
(i)agricultural
commodities;
(ii)livestock;
or
(iii)machinery or
supplies to or from a farm or ranch;
(D)except as provided
in paragraph (2), is not used in the operations of a for-hire motor carrier;
and
(E)is equipped with a
special license plate or other designation by the State in which the vehicle is
registered to allow for identification of the vehicle as a farm vehicle by law
enforcement personnel.
(2)In
this section, the term covered farm vehicle includes a motor
vehicle—
(A)operated pursuant
to a crop share farm lease agreement;
(B)owned by a tenant
with respect to that agreement; and
(C)transporting the
landlord’s portion of the crops under that agreement.
103.Prohibition of
revision to coarse particulate matter air quality standards
(a)The Administrator of the Environmental
Protection Agency may not propose, finalize, implement, or enforce any
regulation described in subsection (c) if the Administrator determines pursuant
to subsection (b) that such regulation will incur compliance costs in the
United States of more than $100,000,000 annually.
(b)In developing any regulation described in
subsection (c), the Administrator shall determine the annual compliance costs
of such regulation in the United States.
(c)A regulation
described in this subsection is a regulation that—
(1)revises the
national primary ambient air quality standard or the national secondary ambient
air quality standard applicable to coarse particulate matter (generally
referred to as PM10) under section 109 of the Clean Air Act (42
U.S.C. 7409); and
(2)is proposed or
finalized on or after the date of enactment of this Act.
104.Rule of construction
of OSHA safety standard relating to the use of sweep augersNeither section 1910.272(g)(1)(ii) of title
29, Code of Federal Regulations, nor any other occupational safety and health
standard shall be construed by the Occupational Safety and Health Commission as
prohibiting an employee from working inside a grain bin while a sweep auger is
in operation.
105.Hazardous material
endorsement exemption
(a)Section 5117(d)(1) of title 49, United
States Code, is amended—
(1)in subparagraph (B), by striking
and
at the end;
(2)in subparagraph
(C), by striking the period at the end and inserting ; and
;
and
(3)by adding at the
end the following:
(D)a service vehicle
carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or less that
is—
(i)driven by a class
A commercial driver’s license holder who is a custom harvester, an agricultural
retailer, an agricultural business employee, an agricultural cooperative
employee, or an agricultural producer; and
(ii)clearly marked
with a placard reading Diesel
Fuel.
.
(b)Section 31315(b) of title 49, United States
Code, is amended by adding at the end the following:
(8)Hazardous
materials endorsement exemptionThe Secretary shall exempt all
class A commercial driver’s license holders who are custom harvesters,
agricultural retailers, agricultural business employees, agricultural
cooperative employees, or agricultural producers from the requirement to obtain
a hazardous material endorsement under part 383 of title 49, Code of Federal
Regulations, while operating a service vehicle carrying diesel fuel in
quantities of 3,785 liters (1,000 gallons) or less if the tank containing such
fuel is clearly marked with a placard reading Diesel
Fuel.
.
106.Definition of
waters of the United StatesThe Administrator of the Environmental
Protection Agency and the Secretary of the Army may not alter the meaning of
the terms navigable waters and waters of the United
States in relation to regulations promulgated pursuant to the Federal
Water Pollution Control Act as such terms are understood on the date of the
enactment of this Act.
107.Prohibition of
imposition of fee or tax on gaseous emissions by livestockNotwithstanding any other provision of law,
in carrying out any Act or program to reduce the effects of greenhouse gas
emissions on climate change, no Federal agency or official shall impose a fee
or tax on gaseous emissions emitted directly by livestock.
108.
(a)Use of
authorized pesticidesSection
3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(f)) is amended by adding at the end the following:
(5)Use of
authorized pesticidesExcept as provided in section 402(s) of the
Federal Water Pollution Control Act, the Administrator or a State may not
require a permit under such Act for a discharge from a point source into
navigable waters of a pesticide authorized for sale, distribution, or use under
this Act, or the residue of such a pesticide, resulting from the application of
such
pesticide.
.
(b)Section 402 of the Federal Water Pollution Control Act
(33 U.S.C. 1342) is amended by adding at the end the following:
(s)
(1)Except as provided in paragraph (2), a permit shall
not be required by the Administrator or a State under this Act for a discharge
from a point source into navigable waters of a pesticide authorized for sale,
distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide
Act, or the residue of such a pesticide, resulting from the application of such
pesticide.
(2)Paragraph
(1) shall not apply to the following discharges of a pesticide or pesticide
residue:
(A)A discharge
resulting from the application of a pesticide in violation of a provision of
the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to
protecting water quality, if—
(i)the discharge
would not have occurred but for the violation; or
(ii)the amount of
pesticide or pesticide residue in the discharge is greater than would have
occurred without the violation.
(B)Stormwater
discharges subject to regulation under subsection (p).
(C)The following
discharges subject to regulation under this section:
(i)Manufacturing or
industrial effluent.
(ii)Treatment works
effluent.
(iii)Discharges
incidental to the normal operation of a vessel, including a discharge resulting
from ballasting operations or vessel biofouling
prevention.
.
109.Gross income
exception for dealers under the Animal Welfare ActSection
2(f)(ii) of the Animal Welfare Act (7 U.S.C. 2132(f)) is amended—
(1)by striking
$500
and inserting $5,000
; and
(2)by adding after
year
the following: , except that the Secretary shall
annually increase the dollar amount in this clause to reflect changes for the
12-month period ending on the most recent date for which data are available in
the Consumer Price Index for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor
.
110.Prohibition on
provision of Department of Agriculture funds and administrative support for
White House Rural CouncilThe
Secretary of Agriculture may not use funds appropriated or otherwise made
available to the Department of Agriculture to provide funds or administrative
support for the White House Rural Council established pursuant to Executive
Order No. 86 of June 9, 2011.
111.Prohibition
against inclusion of indirect emissions from land use changes
(a)General
exclusion of indirect emissions land use changeFor purposes of establishing or determining
compliance with any requirement or limitation under the Clean Air Act (42
U.S.C. 7401 et seq.), including the renewable fuel program under section 211(o)
of such Act, the Administrator of the Environmental Protection Agency shall not
take into consideration indirect emissions from land use changes.
(b)Exclusion of
indirect emissions from land use changes in calculation of lifecycle greenhouse
gas emissionsSection 211(o)(1)(H) of the Clean Air Act (42
U.S.C. 7545(o)(1)(H)) is amended by striking (including direct emissions
and significant indirect emissions such as significant emissions from land use
changes)
and inserting (excluding indirect emissions from land
use changes)
.
112.Delay of
effective date of derivatives regulations pending cumulative
analysisNotwithstanding the
effective date in section 774 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (15 U.S.C. 77b note), the Commodity Futures Trading Commission
shall, prior to implementing final regulations prescribed pursuant to title VII
of such Act, conduct a comprehensive analysis of the economic impact of such
regulations, including a determination of the cumulative costs and benefits of
such regulations, and shall transmit to Congress a report containing its
conclusions.
113.Transportation
of agricultural commodities and farm suppliesSection 229(a)(1) of the Motor Carrier
Safety Improvement Act of 1999 (49 U.S.C. 31136 note) is amended to read as
follows:
(1)Transportation
of agricultural commodities and farm suppliesRegulations prescribed by the Secretary
under sections 31136 and 31502 of title 49, United States Code, regarding
maximum driving and on-duty time for drivers used by motor carriers shall not
apply during planting and harvest periods, as determined by each State, to
drivers—
(A)transporting agricultural commodities in
the State from the source of the agricultural commodities to a location within
a 150 air mile radius from the source;
(B)transporting farm
supplies for agricultural purposes in the State from a wholesale or retail
distribution point of the farm supplies to a farm or other location where the
farm supplies are intended to be used within a 150 air mile radius from the
distribution point; or
(C)transporting farm
supplies for agricultural purposes in the State from a wholesale distribution
point of the farm supplies to a retail distribution point of the farm supplies
within a 150 air mile radius from the wholesale distribution
point.
.
114.Restriction on
rulemaking related to child agricultural laborThe Secretary of Labor shall not initiate
the rulemaking proposed and published in the Federal Register on September 2,
2011 (76 Fed. Reg 171) nor promulgate any regulations or revisions described in
such proposed rulemaking related to permissible employment of minors in
agricultural and nonagricultural occupations.