Farm Regulatory Certainty Act

Farm Regulatory Certainty Act

This bill amends the Resources Conservation and Recovery Act of 1976 to specify that animal waste, manure, and fertilizer are excluded from the Act's requirements.

Citizen suits may not be brought under the Act if federal or state legal and enforcement actions are already underway.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5685 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5685

To amend the Solid Waste Disposal Act to incentivize efficient nutrient 
management practices and to clarify the citizen suit provisions of such 
                      Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2016

  Mr. Newhouse (for himself, Mr. Ashford, Mr. Bishop of Georgia, Mr. 
 Collins of New York, Mr. Conaway, Mr. Costa, Mr. Cramer, Mr. Cuellar, 
 Mr. Labrador, Mr. Nunes, Mr. Peterson, Mr. Schrader, Mr. Simpson, Mr. 
Valadao, Mr. Walden, and Mr. Vela) introduced the following bill; which 
          was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Solid Waste Disposal Act to incentivize efficient nutrient 
management practices and to clarify the citizen suit provisions of such 
                      Act, and for other purposes.

    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 ``Farm Regulatory Certainty Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Congress never intended the Solid Waste Disposal Act 
        (commonly known as the Resource Conservation and Recovery Act) 
        to govern animal waste, manure, or fertilizer, or constituents 
        derived from such sources, or the ways in which they are 
        managed, stored, handled, or applied by agricultural 
        operations.
            (2) The Environmental Protection Agency's September 1979 
        regulations promulgated under the Solid Waste Disposal Act 
        accurately reflect Congress' intent not to regulate manure and 
        crop residues under the Solid Waste Disposal Act.
            (3) Congress has confidence in the ability of the Natural 
        Resources Conservation Service and the Environmental Protection 
        Agency to implement standards and recommendations for animal 
        feeding operations (including concentrated animal feeding 
        operations and large concentrated animal feeding operations) 
        and other agricultural producers, as to appropriate storage and 
        handling techniques for animal waste, manure, and fertilizer, 
        and the constituents derived from such sources, to reasonably 
        protect water, air, and soil resources, as well as ensure 
        public health.
            (4) Continued judicial misinterpretation of Congress' 
        intent for the Solid Waste Disposal Act and the September 1979 
        rules promulgated under it could pose a very real threat to the 
        vitality of the Nation's agricultural community, which would 
        lead to serious disruptions in the food supply.
    (b) Purposes.--The purposes of this Act are--
            (1) to clarify the intent of Congress with respect to the 
        purpose and scope of the Solid Waste Disposal Act, specifically 
        that it was not intended to regulate animal waste, manure, or 
        fertilizer, or constituents derived from such sources; and
            (2) to provide legal clarity relating to individuals or 
        entities diligently attempting to comply with State or Federal 
        environmental or resource quality permits, standards, 
        regulations, conditions, requirements, prohibitions, or orders.

SEC. 3. DEFINITION OF SOLID WASTE.

    Section 1004(27) of the Solid Waste Disposal Act (42 U.S.C. 
6903(27)) is amended by inserting ``, or animal waste, manure, or 
fertilizer, or constituents derived from animal waste, manure, or 
fertilizer'' after ``Atomic Energy Act of 1954, as amended (68 Stat. 
923)''.

SEC. 4. CITIZEN SUITS.

    Section 7002(b)(1) of the Solid Waste Disposal Act (42 U.S.C. 
6972(b)(1)) is amended--
            (1) in the matter following subparagraph (A), by striking 
        ``subtitle C of this Act; or'' and inserting ``subtitle C of 
        this Act;'';
            (2) in subparagraph (B), by striking ``order.'' and 
        inserting ``order, or is diligently seeking compliance with 
        such permit, standard, regulation, condition, requirement, 
        prohibition, or order in a Federal or State administrative 
        proceeding;''; and
            (3) by adding after subparagraph (B) the following:
            ``(C) if the Administrator or State has, under any other 
        law or regulation--
                    ``(i) commenced and is diligently prosecuting a 
                civil or criminal action in a court of the United 
                States or a State to address the same substance or 
                activity that could otherwise be the subject of an 
                action under subsection (a)(1)(A) of this section; or
                    ``(ii) commenced a Federal or State administrative 
                proceeding to address the same substance or activity 
                that could otherwise be the subject of an action under 
                subsection (a)(1)(A) of this section; or
            ``(D) if the alleged violation concerns a substance or 
        activity subject to a State plan approved under section 4007 of 
        this Act.''.
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