Madam Chairman, as Chairman of the Environmental and Hazardous Materials Subcommittee, I rise today in strong opposition to language contained in the report that accompanies the Farm Bill Extension Act of 2007 (H.R. 2419). The report…
Madam Chairman, as Chairman of the Environmental and Hazardous Materials Subcommittee, I rise today in strong opposition to language contained in the report that accompanies the Farm Bill Extension Act of 2007 (H.R. 2419). The report references a ``sense of the committee'' amendment that farm animal manure should not be deemed a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right to Know Act (EPCRA). The Farm Bill Extension Act does not contain any legislative text discussing whether manure is a hazardous substance under these statutes.
I am strongly opposed to this report language because it would exempt releases or threatened releases of hazardous components of manure from CERCLA and EPCRA.
Large animal feeding operations can be significant sources of pollution. According to the EPA, animal farming operations generate approximately 500 million tons of waste each year, three times more raw waste than is generated yearly by people in the United States. This waste, which is usually untreated by operations, produces hazardous substances such as phosphorous, ammonia, and hydrogen sulfide.
Phosphorous has contaminated local drinking water supplies, requiring additional treatment and resulting in increased costs to ratepayers. The City of Waco Texas for example is spending more than $54 million for capital improvements to address taste and odor problems caused by excessive phosphorous released by cow waste.
I also attach a letter from the Association of Metropolitan Water Agencies, dated July 23, 2007, that discusses the negative impact that such an exemption would have on the quality of our Nation's drinking water supplies.
If hazardous substances from livestock waste are exempted from CERCLA, states and local governments would be denied the ability to protect their valuable water supplies and to recover costs associated with cleaning up these hazardous substances from drinking water sources.
If hazardous substances from livestock waste are exempted from EPCRA, toxic release information would be withheld from communities and emergency responders. Many of the large feeding operations release large volumes of hazardous air pollutants, such as ammonia and hydrogen sulfide. A number of studies have determined health problems among animal feeding operation workers and residents who live near these operations, including bronchitis, asthma and antibiotic-resistent bacterial infections.
This exemption is unwarranted because CERCLA already includes a specific exemption for the normal application of fertilizer. Only those livestock operators who excessively apply manure to the land to get rid of it, rather than use it to fertilize crops, have potential liability.
We should not allow these large animal feeding operations to escape liability for causing pollution to our communities and pass the costs onto community water systems and rate payers.
Livestock waste should not be exempt from the environmental protections that CERCLA and EPCRA provide.
Association of
Metropolitan Water Agencies,
Washington, DC, July 23, 2007.
Subject: Oppose CERCLA Animal Waste Exemption in Farm Bill.
Dear Representatives: As the House of Representatives
prepares this week to consider legislation to reauthorize the
Farm Bill, we urge you to reject language that would exempt
components of animal waste from designation as a hazardous
substance pursuant to the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA). Enactment
of such an exemption would bring about serious consequences
for the quality of America's drinking water supplies.
During last week's markup of the legislation, the
Agriculture Committee adopted an amendment expressing the
``sense of the committee that farm animal manure should not
be considered as hazardous substance'' under CERCLA. This
follows the introduction earlier this year of legislation in
the House and Senate that would specifically exempt animal
waste and its components from the law.
As representatives of community drinking water systems, we
believe it is important to note that animal manure itself is
not currently considered a hazardous substance, pollutant or
contaminant under CERCLA. Moreover, the law already contains
an exemption for the normal application of fertilizer that
includes manure.
However, phosphorus and other CERCLA-regulated hazardous
substances that are known to compromise the quality of
drinking water are commonly present in animal manure. If
Congress were to provide a blanket CERCLA exemption for
animal waste, consolidated animal feeding operations (CAFOs)
would be free to discharge manure containing such hazardous
substances into the environment without regard to its impact
or liability for its damages. As a result, the costs of
additional treatment to make water potable would be forced
upon community water systems and their ratepayers, unfairly
shifting the burden of cleanup away from polluters.
Later this year, Congress will celebrate the 35th
anniversary of the Clean Water Act, landmark legislation
modeled on the belief that all Americans must share the
responsibility of maintaining the health of our nation's
water supply. Exempting CAFOs from their fair share of this
duty not only threatens to reverse the water quality gains
that have been realized over the recent decades, but would
also set a dangerous precedent encouraging other polluters to
seek waivers from our environmental laws.
Again, we urge you to oppose a blanket exemption for animal
waste and its components from the important requirements of