II 112th CONGRESS 1st Session S. 1729 IN THE SENATE OF THE UNITED STATES October 18, 2011 Mr. Blunt (for himself, Mr. Crapo, Mr. Moran, Mr. Isakson, Mr. Lugar, Mr. Chambliss, and Mr. Risch) 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 clarify that manure is not considered a hazardous substance, pollutant, or contaminant under that Act.
1.
Animal waste
(a)
Amendment of CERCLA
Title III of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9651) is amended by adding at the end the following:
312.
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 excrement described in paragraph (1); (3)any process water associated with any excrement or other material referred to in paragraph (1) or (2); and (4)any byproduct, constituent, or substance contained in, originating from, or any emission relating to, any excrement or other material described in paragraph (1), (2), or (3). (b)
Exclusion
As of the date of enactment of this section, manure shall not be considered to be, or included in the meaning of, a hazardous substance or a pollutant or contaminant under this Act. (c)
Elimination of paperwork requirements
The enactment of this section shall not impose any liability for manure under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.). (d)
No effect on other environmental law
Nothing in this section affects the applicability of any other environmental statute with respect to— (1)the definition of the term manure; or (2)the responsibility or liability of any person regarding the treatment, storage, or disposal of manure.
. (b)
Amendment of SARA
Section 304(a) of the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99–499; 100 Stat. 1734) is amended by striking paragraph (4) and inserting the following: (4)
Exempted releases
This section does not apply to— (A)any release that results in exposure to persons solely within the site or sites on which a facility is located; or (B)any release associated with manure (as defined in section 312 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980). .