[Congressional Record Volume 143, Number 147 (Tuesday, October 28, 1997)]
[Senate]
[Pages S11291-S11292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 1323. A bill to regulate concentrated animal feeding operations 
for the protection of the environment and public health, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.


                   THE ANIMAL AGRICULTURE REFORM ACT

  Mr. HARKIN. Madam President, today I am introducing the Animal 
Agriculture Reform Act, a bill that for the first time sets tough 
environmental standards governing how large livestock and poultry 
operations handle their animal waste. Animal waste pollution is a 
national problem that demands a national solution.

  Nationwide, 200 times more animal manure is produced than human 
waste--five tons for every person in the

[[Page S11292]]

United States--making large livestock operations the waste equivalent 
of a town or city. For example, 1,600 dairies in the Central Valley of 
California produce more waste than a city of 21 million people. And 
right here outside of Washington, DC, the annual production of 600 
million chickens on the Delmarva Peninsula leaves as much nitrogen as a 
city of almost 500,000 people.
  The shrinking number of farms producing an ever greater share of 
animals means that too much manure is produced in some areas of the 
country to be put on land without causing water pollution. Nitrogen and 
phosphorous in animal manure are valuable crop nutrients--but in 
excessive levels in water they are serious pollutants.
  High levels of nitrogen and phosphorous cause the excessive algae 
growth of algae, whose bacterial decomposition uses up oxygen in the 
water and kills fish. Animal waste also carries parasites, bacteria and 
viruses--and can pollute drinking water with nitrates, potentially 
fatal to infants.
  While towns must have sewage treatment plants, excess waste from 
large-scale animal feeding operations is simply stored indefinitely or 
over-applied on land. That means water pollution from over-application, 
and the ongoing risk of pollution and even massive spills from stored 
waste.
  In 1995 in North Carolina 35 million gallons of animal waste were 
spilled, killing 10 million fish. And last year more than 40 animal 
waste spills were recorded in Iowa, Minnesota and Missouri, up from 20 
in 1992.
  In 1997, the toxic microbe Pfiesteria, whose increased presence is 
linked to excessive nutrients in the water, killed approximately 30,000 
fish in the Chesapeake Bay and approximately 450,000 fish in North 
Carolina. Major attacks by harmful microbes in U.S. coastal and 
estuarial waters between 1972 and 1995 have doubled--and excessive 
nutrients are the suspected catalyst.
  In the Gulf of Mexico, farm runoff including animal waste is linked 
to the formation of a so-called ``dead zone'' of hypoxia (low oxygen)--
up to 7,000 square miles of water that cannot support most aquatic 
life.
  The Environmental Protection Agency's regulations in this area have 
not been revised since they were written in the 1970s, and they do not 
go nearly far enough to address current animal waste problems.
  Animal waste management practices must include limiting the 
application of both phosphorous and nitrogen to amounts that can be 
used by crops. In addition, environmentally sound standards are needed 
for the handling, storage, treatment and disposal of excess animal 
waste.
  Under my bill, large animal feeding operations must submit an 
individual animal waste management plan to USDA designed to minimize 
the risk of surface and ground water pollution. My bill would require 
that USDA work with farmers in developing plans to address potential 
problems before they happen. USDA will do this by establishing 
guidelines and providing technical assistance and information to 
develop farm-specific plans to be approved on an individual basis.
  I am using the term animal waste, but it is important that we 
recognize that manure is a valuable resource for farmers who need 
nutrients for their crops. Promoting wise use of manure for crop 
nutrients is the guiding principle of my bill. For a plan to be 
approved, an operator must agree to apply animal waste to land only in 
amounts meeting crop nutrient requirements. Furthermore, liquid waste 
that cannot be safely used for nutrients or another environmentally 
sound use must be treated in accordance with waste water treatment 
standards.
  My bill also applies sound technical standards to the construction of 
all new earthen manure lagoons to prevent leaks and spillage of animal 
waste. Existing earthen manure lagoons are given a reasonable phase-in 
period to meet appropriate standards.
  In addition, my bill puts the burden of complying with these 
requirements on the animal owners. The bill would prevent animal owners 
from using contracts or similar arrangements to avoid responsibility 
for animal waste management.
  The bill covers operations with an approximate one-time animal 
capacity above 1,330 hogs; 57,000 chickens; 270 dairy cattle; or 530 
slaughter cattle. Each animal owner with at least that many animals 
must submit a waste management plan to USDA for approval, whether or 
not the animals are kept in one place. Animal feeding operations under 
those sizes will qualify under USDA's Environmental Quality Incentives 
Program for additional technical and cost-share assistance to implement 
animal waste management plans.
  I want to be clear that my bill does not interfere with the role of 
EPA and the States in monitoring pollution, or is it a substitute for 
EPA strengthening its current regulations. I see it as an essential 
part of a cooperative approach to the problem by both EPA and USDA--and 
I look forward to EPA's proposals in this area. I also look forward to 
reviewing the recommendations of the National Environmental Dialogue on 
Pork Production, which is working on these issues in great detail.
  We must take strong action now to halt the pollution of our water 
from animal waste and other farm runoff. Other issues that are outside 
the scope of this bill also need to be addressed, including management 
of municipal and industrial wastewater and more careful application of 
commercial fertilizers. My proposal is one part of a national solution 
to our water quality concerns.
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