I 
113TH CONGRESS 
1ST SESSION H. R. 1304 
To permit the chief executive of a State to create an exemption from certain 
requirements of Federal environmental laws for producers of agricultural 
commodities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 20, 2013 
Mr. WALBERG introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To permit the chief executive of a State to create an exemp-
tion from certain requirements of Federal environmental 
laws for producers of agricultural commodities, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Flexibility to Farm 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) The agricultural community of the United 
States serves as the economic backbone of many 
communities and employs millions of Americans. 
(2) In recent years, one-size-fits-all policies 
issued by the Environmental Protection Agency have 
increased dramatically, requiring agricultural pro-
ducers to focus on regulation compliance rather than 
on growing the world’s healthiest, most abundant 
food supply. 
(3) Attempts by the Environmental Protection 
Agency to expand the definition of ‘‘navigable 
waters’’ under the Federal Water Pollution Control 
Act expand the scope of Federal jurisdiction under 
that Act well beyond the intent of Congress, and 
would eliminate a central precept of that Act, which 
reserves certain waters to the exclusive jurisdiction 
of the States. 
(4) The Environmental Protection Agency’s in-
terpretation of the Spill Prevention, Control, and 
Countermeasure program has attempted to regulate 
milk in the same manner as petroleum, requiring 
dairy farmers to develop oil spill prevention plans 
and moving far beyond common sense and the intent 
of the law. 
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(5) An increasing number of poultry and live-
stock operations have been forced to apply for per-
mits under the National Pollutant Discharge Elimi-
nation System resulting from the Environmental 
Protection Agency’s expanding definition of what 
constitutes a discharge under the Federal Water 
Pollution Control Act. 
(6) Duplicative and costly permitting require-
ments under the Federal Water Pollution Control 
Act will require additional National Pollutant Dis-
charge Elimination System permits for pesticide ap-
plications, subjecting pesticide users to unnecessary 
red tape and financial burdens while exposing them 
to the threat of unfounded litigation. 
(7) The Environmental Protection Agency has 
initiated a program to regulate greenhouse gases as 
‘‘air pollutants’’ under the Clean Air Act, which 
could impose an undue burden on agricultural pro-
ducers by requiring them to obtain permits to con-
tinue operations. 
(8) The Federal Government should not impose 
further rules or regulations that are overly burden-
some or cause economic hardship for the agricultural 
community. 
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SEC. 3. UNDULY BURDENSOME REGULATIONS EXEMPTION. 
(a) IN GENERAL.—If the chief executive of a State 
determines, in accordance with this section, that a require-
ment of a covered Federal environmental law, or a regula-
tion thereunder, is unduly burdensome to persons in the 
State acting in their capacity as farmers, such require-
ment or regulation shall not apply to persons in the State 
acting in that capacity. 
(b) PROCEDURE.—Before finalizing any determina-
tion under subsection (a), the chief executive of a State 
shall solicit and accept public comments regarding such 
determination for a period of not less than 90 days. 
(c) DEFINITIONS.—In this Act: 
(1) 
COVERED
FEDERAL
ENVIRONMENTAL 
LAW.—The term ‘‘covered Federal environmental 
law’’ means— 
(A) the Clean Air Act (42 U.S.C. 7401 et 
seq.), insofar as such Act applies to emissions 
of air pollutants other than emissions resulting 
from the combustion of any fossil fuel; and 
(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.). 
(2) FARMER.—The term ‘‘farmer’’ means— 
(A) a producer, as that term is defined 
in— 
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(i) section 1001 of the Food, Con-
servation, and Energy Act of 2008 (7 
U.S.C. 8702); 
(ii) section 1506(a) of the Food, Con-
servation, and Energy Act of 2008 (7 
U.S.C. 8773(a)); and 
(iii) section 212 of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1635a); 
and 
(B) a producer of a specialty crop, as that 
term is defined in section 3 of the Specialty 
Crops Competitiveness Act of 2004 (7 U.S.C. 
1621 note; Public Law 108–465). 
(3) STATE.—The term ‘‘State’’ means any of 
the several States of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the 
United States Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana 
Islands, and any other territory or possession of the 
United States. 
Æ 
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