I 
115TH CONGRESS 
1ST SESSION 
H. R. 848 
To amend the Solid Waste Disposal Act to incentivize efficient nutrient 
management practices and to clarify the citizen suit provisions of such 
Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2017 
Mr. NEWHOUSE (for himself, Mr. ABRAHAM, Mr. BISHOP of Georgia, Mr. 
COLLINS of New York, Mr. CONAWAY, Mr. COSTA, Mr. CRAMER, Mr. 
CUELLAR, Mr. DENHAM, Mr. GIBBS, Mr. KING of Iowa, Mr. LONG, Mrs. 
MCMORRIS RODGERS, Mr. O’HALLERAN, Mr. PETERSON, Mr. ROUZER, 
Mr. SCHRADER, Mr. SIMPSON, Ms. SINEMA, Ms. STEFANIK, Mr. THOMP-
SON of Pennsylvania, Mr. VALADAO, Mr. VELA, Mrs. WAGNER, Mr. 
YOHO, Mr. NUNES, Mr. PITTENGER, Mr. KIND, Mr. DAVID SCOTT of 
Georgia, and Mr. LUETKEMEYER) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Solid Waste Disposal Act to incentivize effi-
cient nutrient management practices and to clarify the 
citizen suit provisions of such Act, and for other pur-
poses. 
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 ‘‘Farm Regulatory Cer-
tainty Act’’. 
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SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
(1) Congress never intended the Solid Waste 
Disposal Act (commonly known as the Resource 
Conservation and Recovery Act) to govern animal or 
crop waste, manure, or fertilizer, or constituents de-
rived from such sources, or the ways in which they 
are managed, stored, handled, or applied by agricul-
tural operations. 
(2) The Environmental Protection Agency’s 
September 1979 regulations promulgated under the 
Solid Waste Disposal Act accurately reflect Con-
gress’ intent not to regulate manure and crop resi-
dues under the Solid Waste Disposal Act. 
(3) Congress has confidence in the ability of the 
Natural Resources Conservation Service and the En-
vironmental Protection Agency to, when appropriate, 
implement standards and recommendations for ani-
mal feeding operations (including concentrated ani-
mal feeding operations and large concentrated ani-
mal feeding operations) and other agricultural pro-
ducers, as to appropriate storage and handling tech-
niques for animal and crop waste, manure, and fer-
tilizer, and the constituents derived from such 
sources, to reasonably protect water, air, and soil re-
sources, as well as ensure public health. 
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(4) Continued judicial misinterpretation of Con-
gress’ intent for the Solid Waste Disposal Act and 
the September 1979 rules promulgated under it 
could pose a very real threat to the vitality of the 
Nation’s agricultural community, which would lead 
to serious disruptions in the food supply. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to clarify the intent of Congress with re-
spect to the purpose and scope of the Solid Waste 
Disposal Act, specifically that it was not intended to 
regulate animal or crop waste, manure, or fertilizer, 
or constituents derived from such sources; and 
(2) to provide legal clarity relating to individ-
uals or entities diligently attempting to comply with 
State or Federal environmental or resource quality 
permits, standards, regulations, conditions, require-
ments, prohibitions, or orders. 
SEC. 3. DEFINITION OF SOLID WASTE. 
Section 1004(27) of the Solid Waste Disposal Act (42 
U.S.C. 6903(27)) is amended by inserting ‘‘, or, if origi-
nating from or utilized by an agricultural operation, ani-
mal or crop waste, manure, or fertilizer or constituents 
derived from such animal or crop waste, manure, or fer-
tilizer’’ after ‘‘Atomic Energy Act of 1954, as amended 
(68 Stat. 923)’’. 
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SEC. 4. CITIZEN SUITS. 
Section 7002(b)(1) of the Solid Waste Disposal Act 
(42 U.S.C. 6972(b)(1)) is amended— 
(1) in the matter following subparagraph (A), 
by striking ‘‘subtitle C of this Act; or’’ and inserting 
‘‘subtitle C of this Act;’’; 
(2) in subparagraph (B), by striking ‘‘order.’’ 
and inserting ‘‘order; or’’; and 
(3) by adding after subparagraph (B) the fol-
lowing: 
‘‘(C) in the case of an alleged violation by an 
agricultural operation— 
‘‘(i) if the Administrator or State is dili-
gently seeking compliance with such permit, 
standard, regulation, condition, requirement, 
prohibition, or order in a Federal or State ad-
ministrative proceeding; 
‘‘(ii) if the Administrator or State has, 
under any other law or regulation— 
‘‘(I) commenced and is diligently pros-
ecuting a civil or criminal action against 
such agricultural operation in a court of 
the United States or a State to address the 
same substance or activity that could oth-
erwise be the subject of an action under 
subsection (a)(1)(A) of this section; or 
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‘‘(II) commenced a Federal or State 
administrative proceeding against such ag-
ricultural operation to address the same 
substance or activity that could otherwise 
be the subject of an action under sub-
section (a)(1)(A) of this section; or 
‘‘(iii) if the alleged violation concerns a 
substance or activity subject to a State plan ap-
proved under section 4007 of this Act.’’. 
Æ 
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