[Congressional Record Volume 163, Number 19 (Friday, February 3, 2017)]
[Extensions of Remarks]
[Pages E140-E141]
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, February 3, 2017

  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). Four 
dairies in Washington State that were proactively working with the EPA 
to address nutrient management issues at their dairies were held 
culpable of ``open dumping'' by a federal judge. A farmer myself, I 
firmly believe farmers have and must continue to

[[Page E141]]

lead the charge on good stewardship and conservation, which this ruling 
undermined. While there are a number of statutes that do govern 
agricultural nutrient management practices, Congress never intended for 
RCRA to be one of those statutes. In fact, the EPA's own regulations 
promulgated back in the 1970s agree that agricultural wastes, such as 
manures and fertilizer, were not intended to be governed under this 
law. This misguided ruling has placed farmers across the country in a 
legal uncertainty. It is incomprehensible that Congress and EPA 
intended that agricultural nutrients be exempt from this law, and then 
have a court find farmers at fault for non-compliance with the very law 
they are exempt from. Farmers need to know with certainty to what rules 
apply to them.
  The legislation I introduce today would clarify and reaffirm that 
RCRA was not intended to govern agricultural nutrient management 
activities. Moreover, if a farmer is already engaged in legal action 
and is diligently working with the state or federal regulators to 
address nutrient management issues, then they would be preempted from 
citizen suits under this bill.
  We want to continue to encourage farmers to be good, proactive 
stewards, and create an climate where farmers can feel comfortable 
working with regulators to address stewardship issues--not have farmers 
fear that documents they provide to regulators will be acquired by 
third-parties and used against them in ``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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