I 

110TH CONGRESS 

1ST SESSION H. R. 1398 

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 HOUSE OF REPRESENTATIVES 

MARCH 8, 2007 

Mr. PETERSON of Minnesota (for himself, Mr. HALL of Texas, Mr. BARROW, 

Mr. BERRY, Mr. BLUNT, Mr. BOOZMAN, Mr. BOSWELL, Mrs. BOYDA of 

Kansas, Mr. BURGESS, Mr. BUTTERFIELD, Mr. BUYER, Mr. COBLE, Mr. 

CONAWAY, Mr. COSTA, Mr. CUELLAR, Mr. LINCOLN DAVIS of Tennessee, 

Mr. DEAL of Georgia, Mrs. EMERSON, Mr. ETHERIDGE, Mr. 

FORTENBERRY, Mrs. GILLIBRAND, Mr. GINGREY, Mr. GOODLATTE, Mr. 

GORDON of Tennessee, Mr. GRAVES, Mr. HASTERT, Mr. HAYES, Ms. 

HERSETH, Mr. HOLDEN, Mr. JONES of North Carolina, Mr. KAGEN, Mr. 

KING of Iowa, Mr. LAMPSON, Mr. LUCAS, Mr. MARSHALL, Mr. MATHESON, Mr. MCINTYRE, Mr. MELANCON, Mrs. MYRICK, Mr. ORTIZ, Mr. 

PASTOR, Mr. PICKERING, Mr. RADANOVICH, Mr. ROGERS of Michigan, 

Mr. ROSS, Mr. SALAZAR, Mr. SCOTT of Georgia, Mr. SHADEGG, Mr. 

SKELTON, Mr. SMITH of Nebraska, Mr. SPACE, Mr. TERRY, Mr. UPTON, 

Mr. WALZ of Minnesota, Mr. WESTMORELAND, Mr. WHITFIELD, Mrs. 

WILSON of New Mexico, and Mr. WILSON of South Carolina) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Comprehensive Environmental Response Compensation and Liability Act of 1980 to provide that maVerDate Aug 31 2005 03:07 Mar 11, 2007 Jkt 059196 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1398.IH H1398

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•HR 1398 IH

nure shall not be considered to be a hazardous substance, 

pollutant, or contaminant. 

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 ‘‘Agricultural Protection 

5 and Prosperity Act of 2007’’. 

6 SEC. 2. ANIMAL WASTE. 

7 (a) AMENDMENT OF SUPERFUND.—Title III of the 

8 Comprehensive Environmental Response, Compensation, 

9 and Liability Act of 1980 (42 U.S.C. 9651 et seq.) is 

10 amended by adding at the end the following: 

11 ‘‘SEC. 313. EXCEPTION FOR MANURE. 

12 ‘‘(a) DEFINITION OF MANURE.—In this section, the 

13 term ‘manure’ means— 

14 ‘‘(1) digestive emissions, feces, urine, urea, and 

15 other excrement from livestock (as defined in section 

16 10403 of the Farm Security and Rural Investment 

17 Act of 2002 (7 U.S.C. 8302)); 

18 ‘‘(2) any associated bedding, compost, raw ma19 terials, or other materials commingled with such ex20 crement from livestock (as so defined); 

21 ‘‘(3) any process water associated with any item 

22 referred to in paragraph (1) or (2); and 

23 ‘‘(4) any byproduct, constituent, or substance 

24 contained in or originating from, or any emission reVerDate Aug 31 2005 03:07 Mar 11, 2007 Jkt 059196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1398.IH H1398

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1 lating to, an item described in paragraph (1), (2), or 

2 (3). 

3 ‘‘(b) EXEMPTION.—Upon the date of enactment of 

4 this section, manure shall not be included in the meaning 

5 of— 

6 ‘‘(1) the term ‘hazardous substance’, as defined 

7 in section 101(14); or 

8 ‘‘(2) the term ‘pollutant or contaminant’, as de9 fined in section 101(33). 

10 ‘‘(c) EFFECT ON OTHER LAW.—Nothing with respect 

11 to the enactment of this subsection shall— 

12 ‘‘(1) impose any liability under the Emergency 

13 Planning and Community Right-To-Know Act of 

14 1986 (42 U.S.C. 11001 et seq.) with respect to ma15 nure; 

16 ‘‘(2) abrogate or otherwise affect any provision 

17 of the Air Quality Agreement entered into between 

18 the Administrator and operators of animal feeding 

19 operations (70 Fed. Reg. 4958 (January 31, 2005)); 

20 or 

21 ‘‘(3) affect the applicability of any other envi22 ronmental law as such a law relates to— 

23 ‘‘(A) the definition of manure; or 


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1 ‘‘(B) the responsibilities or liabilities of 

2 any person regarding the treatment, storage, or 

3 disposal of manure.’’. 

4 (b) AMENDMENT OF SARA.—Section 304(a)(4) of 

5 the Superfund Amendments and Reauthorization Act of 

6 1986 (42 U.S.C. 11004(a)(4)) is amended— 

7 (1) by striking ‘‘This section’’ and inserting the 

8 following: 

9 ‘‘(A) IN GENERAL.—This section’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(B) MANURE.—The notification require12 ments under this subsection do not apply to re13 leases associated with manure (as defined in 

14 section 313 of the Comprehensive Environ15 mental Response, Compensation, and Liability 

16 Act of 1980).’’. 

Æ 


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