II 

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. 

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 2006’’. 


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1 SEC. 2. ANIMAL WASTE. 

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

3 Comprehensive Environmental Response, Compensation, 

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

5 amended by adding at the end the following: 

6 ‘‘SEC. 313. EXCEPTION FOR MANURE. 

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

8 term ‘manure’ means— 

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

10 other excrement from livestock (as defined in section 

11 205.2 of title 7, Code of Federal Regulations (or a 

12 successor regulation)); 

13 ‘‘(2) any associated bedding, compost, raw ma14 terials, or other materials commingled with such ex15 crement from livestock (as so defined); 

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

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

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

19 contained in or originating from, or any emission re20 lating to, an item described in paragraph (1), (2), or 

21 (3). 

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

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

24 of— 

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

26 in section 101(14); or 


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1 ‘‘(2) the term ‘pollutant or contaminant’, as de2 fined in section 101(33). 

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

4 to the enactment of this subsection shall— 

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

6 Planning and Community Right-To-Know Act of 

7 1986 (42 U.S.C. 11001 et seq.) with respect to ma8 nure; 

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

10 of the Air Quality Agreement entered into between 

11 the Administrator and operators of animal feeding 

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

13 or 

14 ‘‘(3) affect the applicability of any other envi15 ronmental law as such a law relates to— 

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

17 ‘‘(B) the responsibilities or liabilities of 

18 any person regarding the treatment, storage, or 

19 disposal of manure.’’. 

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

21 the Superfund Amendments and Reauthorization Act of 

22 1986 (42 U.S.C. 11004(a)(4)) is amended— 

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

24 following: 

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


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

2 ‘‘(B) MANURE.—The notification require3 ments under this subsection do not apply to re4 leases associated with manure (as defined in 

5 section 313 of the Comprehensive Environ6 mental Response, Compensation, and Liability 

7 Act of 1980).’’. 

Æ 


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