S. 807

Agricultural Protection and Prosperity Act of 2007

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II

110th CONGRESS

1st Session

S. 807

IN THE SENATE OF THE UNITED STATES

March 8, 2007

Mrs. Lincoln (for herself, Mr. Domenici, Mr. Pryor, Mr. Chambliss, Mr. Grassley, Mr. Craig, Mr. Nelson of Nebraska, Ms. Landrieu, and Mr. Hagel) 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 provide that manure shall not be considered to be a hazardous substance, pollutant, or contaminant.

1.

Short title

This Act may be cited as the Agricultural Protection and Prosperity Act of 2007.

2.

Animal waste

(a)

Amendment of Superfund

Title III of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9651 et seq.) is amended by adding at the end the following:

313.

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 10403 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8302));

(2)

any associated bedding, compost, raw materials, or other materials commingled with such excrement from livestock (as so defined);

(3)

any process water associated with any item referred to in paragraph (1) or (2); and

(4)

any byproduct, constituent, or substance contained in or originating from, or any emission relating to, an item described in paragraph (1), (2), or (3).

(b)

Exemption

Upon the date of enactment of this section, manure shall not be included in the meaning of—

(1)

the term hazardous substance, as defined in section 101(14); or

(2)

the term pollutant or contaminant, as defined in section 101(33).

(c)

Effect on Other Law

Nothing with respect to the enactment of this subsection shall—

(1)

impose any liability under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.) with respect to manure;

(2)

abrogate or otherwise affect any provision of the Air Quality Agreement entered into between the Administrator and operators of animal feeding operations (70 Fed. Reg. 4958 (January 31, 2005)); or

(3)

affect the applicability of any other environmental law as such a law relates to—

(A)

the definition of manure; or

(B)

the responsibilities or liabilities of any person regarding the treatment, storage, or disposal of manure.

.

(b)

Amendment of SARA

Section 304(a)(4) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 11004(a)(4)) is amended—

(1)

by striking This section and inserting the following:

(A)

In general

This section

; and

(2)

by adding at the end the following:

(B)

Manure

The notification requirements under this subsection do not apply to releases associated with manure (as defined in section 313 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980).

.