II 

115TH CONGRESS 

2D SESSION S. 2421 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 to provide an exemption from certain notice requirements and penalties for releases of hazardous substances from animal 

waste at farms. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2018 

Mrs. FISCHER (for herself, Mr. DONNELLY, Mr. BARRASSO, Mr. ROUNDS, Mr. 

ROBERTS, Ms. HEITKAMP, Mr. COONS, Mr. CARPER, Ms. DUCKWORTH, 

Mr. ISAKSON, Mr. WARNER, Mrs. ERNST, Mrs. MCCASKILL, Mr. INHOFE, 

Mr. MANCHIN, Mr. MORAN, Ms. KLOBUCHAR, Mr. WICKER, Ms. SMITH, 

Mr. HOEVEN, Mr. CASEY, and Mr. BENNET) 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 an exemption from certain notice requirements and penalties 

for releases of hazardous substances from animal waste 

at farms. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Agricultural Re5 porting Method Act’’ or the ‘‘FARM Act’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 2421 IS

1 SEC. 2. EXEMPTIONS FROM CERTAIN NOTICE REQUIRE2 MENTS AND PENALTIES. 

3 Section 103 of the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 1980 (42 

5 U.S.C. 9603) is amended by striking subsection (e) and 

6 inserting the following: 

7 ‘‘(e) APPLICABILITY TO REGISTERED PESTICIDE

8 PRODUCTS AND AIR EMISSIONS FROM ANIMAL WASTE AT

9 FARMS.— 

10 ‘‘(1) IN GENERAL.—This section shall not apply 

11 to— 

12 ‘‘(A) the application of a pesticide product 

13 registered under the Federal Insecticide, Fun14 gicide, and Rodenticide Act (7 U.S.C. 136 et 

15 seq.) or the handling and storage of such a pes16 ticide product by an agricultural producer; or 

17 ‘‘(B) air emissions from animal waste (in18 cluding decomposing animal waste) at a farm. 

19 ‘‘(2) DEFINITIONS.—In this subsection: 

20 ‘‘(A) ANIMAL WASTE.— 

21 ‘‘(i) IN GENERAL.—The term ‘animal 

22 waste’ means feces, urine, or other excre23 ment, digestive emission, urea, or similar 

24 substances emitted by animals (including 

25 any form of livestock, poultry, or fish). 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 2421 IS

1 ‘‘(ii) INCLUSIONS.—The term ‘animal 

2 waste’ includes animal waste that is mixed 

3 or commingled with bedding, compost, 

4 feed, soil, or any other material typically 

5 found with such waste. 

6 ‘‘(B) FARM.—The term ‘farm’ means a 

7 site or area (including associated structures) 

8 that— 

9 ‘‘(i) is used for— 

10 ‘‘(I) the production of a crop; or 

11 ‘‘(II) the raising or selling of ani12 mals (including any form of livestock, 

13 poultry, or fish); and 

14 ‘‘(ii) under normal conditions, pro15 duces during a farm year any agricultural 

16 products with a total value equal to not 

17 less than $1,000.’’. 

18 SEC. 3. APPLICATION. 

19 Nothing in this Act or an amendment made by this 

20 Act affects, or supersedes or modifies the responsibility 

21 or authority of any Federal official or employee to comply 

22 with or enforce, any requirement under the Comprehensive 

23 Environmental Response, Compensation, and Liability Act 

24 of 1980 (42 U.S.C. 9601 et seq.), other than the haz25 ardous substance notification requirements under section 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 2421 IS

1 103 of that Act (42 U.S.C. 9603) with respect to air emis2 sions from animal waste at farms. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS