Agricultural Protection and Prosperity Act of 2006 - Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to: (1) include the definition of "manure"; and (2) exclude manure from the meaning of "hazardous substance" or "pollutant or contaminant" under that Act. Provides that such exclusion shall not: (1) impose liability under the Emergency Planning and Community Right-To-Know Act of 1986 with respect to manure; (2) affect any provision of the Air Quality Agreement entered into between the Administrator and operators of animal feeding operations; or (3) affect the applicability of any other environmental law as it relates to the definition of manure or the responsibilities or liabilities of any person regarding the treatment, storage, or disposal of manure.
Amends the Superfund Amendments and Reauthorization Act of 1986 to exempt releases associated with manure (as defined under CERCLA) from the emergency notification requirements under that Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3681 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3681
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2006
Mr. Domenici (for himself, Mrs. Lincoln, Mr. Craig, Mr. Pryor, Mr.
Allard, Mr. Brownback, Mr. Burns, Mr. Bond, Mr. Chambliss, Mr. Cornyn,
Mr. Crapo, Mrs. Dole, Mr. Grassley, Mr. Hagel, Mr. Lott, Mr. Roberts,
Mr. Stevens, Mr. Talent, Mr. Thomas, Mr. Thune, Mr. Burr, Mr. Nelson of
Nebraska, and Ms. Landrieu) 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Protection and
Prosperity Act of 2006''.
SEC. 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:
``SEC. 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 205.2 of title
7, Code of Federal Regulations (or a successor regulation));
``(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).''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7763-7764)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S7764)
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