[Congressional Record Volume 162, Number 110 (Friday, July 8, 2016)]
[Extensions of Remarks]
[Page E1071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           INTRODUCTION OF THE FARM REGULATORY CERTAINTY ACT

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                           HON. DAN NEWHOUSE

                             of washington

                    in the house of representatives

                          Friday, July 8, 2016

  Mr. NEWHOUSE. Mr. Speaker, I rise today to introduce my legislation, 
the Farm Regulatory Certainty Act. In 2015, a federal judge ruled in a 
citizen suit that dissolved manure nitrates constitute a ``solid 
waste'' under the Resource Conservation and Recovery Act (RCRA), and 
held four Washington State dairies culpable of ``open dumping'' due to 
their nutrient management practices. A farmer myself, I firmly believe 
farmers have and must continue to lead the charge on good stewardship 
and conservation. While I agree there are a number of statutes that do 
govern nutrient management practices, Congress never intended for RCRA 
to be one of those statutes. Moreover, the EPA's regulations confirm 
that agricultural wastes, such as manures and crop residues, were not 
intended to be governed under RCRA. This misguided ruling has placed 
farmers across the country in a legal gray area. It is unfair for 
agricultural nutrients to be exempt from law, then have a court find 
farmers at fault for non-compliance with the very law they are exempt 
from. Farmers need certainty as to what rules apply to them.
  The legislation I introduce today would clarify and reaffirm that 
RCRA was not intended to govern nutrient management activities. 
Moreover, this bill would prevent farmers who are already engaged in 
legal action and who are diligently working with the state or federal 
government to address nutrient management issues from being targeted by 
citizen suits.
  We want to continue to encourage farmers to be good stewards, and 
create an environment where farmers can feel comfortable working with 
state and federal regulatory agencies to address stewardship issues--
not have farmers fear that documents and samples provided to regulators 
will be acquired by third-parties and used against them in these 
``double-jeopardy''-like lawsuits. This commonsense legislation will 
clarify Congress' intent on this statute, and work to restore a 
relationship of trust and confidence between farmers and regulators.

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