I 

112TH CONGRESS 

1ST SESSION H. R. 2997 

To amend the Comprehensive Environmental Responsive Compensation and 

Liability Act of 1980 (‘‘Superfund’’) to provide that manure is not 

considered a hazardous substance or pollutant or contaminant under 

that Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 21, 2011 

Mr. LONG (for himself, Mr. LUETKEMEYER, Mr. AKIN, Mrs. EMERSON, Mrs. 

HARTZLER, Mr. PEARCE, Mr. CARTER, Mr. SMITH of Nebraska, Mr. 

HUIZENGA of Michigan, Mr. SIMPSON, Mr. LUCAS, Mr. PETERSON, Mr. 

HARRIS, Mr. TERRY, and Mr. THOMPSON of Pennsylvania) 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 Responsive 

Compensation and Liability Act of 1980 (‘‘Superfund’’) 

to provide that manure is not considered a hazardous 

substance or pollutant or contaminant under that Act, 

and for other purposes. 

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


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•HR 2997 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as ‘‘The Superfund Common 

3 Sense Act’’. 

4 SEC. 2. ANIMAL WASTE. 

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

6 Comprehensive Environmental Response Compensation 

7 and Liability Act of 1980 (42 U.S.C. 9601) is amended 

8 by adding the following new section at the end thereof: 

9 ‘‘SEC. 312. EXCEPTION FOR MANURE. 

10 ‘‘(a) IN GENERAL.—Upon the date of enactment of 

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

12 of ‘hazardous substance’ under section 101(14) of this Act 

13 or ‘pollutant or contaminant’ under section 101(33) of 

14 this Act. 

15 ‘‘(b) ELIMINATION OF PAPERWORK REQUIRE16 MENTS.—The enactment of this section shall not be con17 strued to impose any liability under provisions of the 

18 Emergency Planning and Community Right-to-Know Act 

19 of 1986 for manure. 

20 ‘‘(c) NO EFFECT ON OTHER ENVIRONMENTAL

21 LAW.—Nothing in this section shall affect the applicability 

22 of any other environmental statute as it relates to the defi23 nition of manure, or the responsibilities or liabilities of any 

24 person regarding, the treatment, storage, or disposal of 

25 manure. 


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•HR 2997 IH

1 ‘‘(d) DEFINITION.—For the purposes of this section, 

2 the term ‘manure’ means— 

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

4 other excrement from livestock (as defined by 7 

5 C.F.R. 205.2); 

6 ‘‘(2) any associated bedding, compost, raw ma7 terials or other materials commingled with such ex8 crement from livestock (as defined by 7 C.F.R. 

9 205.2); 

10 ‘‘(3) any process water associated with the 

11 items referred to in paragraph (1) or (2); and 

12 ‘‘(4) any byproducts, constituents, or sub13 stances contained in, originating from, or emissions 

14 relating to the items described in paragraph (1), (2), 

15 or (3).’’. 

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

17 the Superfund Amendments and Reauthorization Act of 

18 1986 (Public Law 99–499; 100 Stat. 1655) is amended 

19 by adding the following at the end thereof: ‘‘The notifica20 tion requirements under this subsection shall not apply to 

21 releases associated with manure (as defined in section 312 

22 of the Comprehensive Environmental Response Compensa23 tion and Liability Act of 1980).’’. 

Æ 


sroberts on DSK5SPTVN1PROD with BILLS