I 
114TH CONGRESS 
2D SESSION 
H. R. 5685 
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 
JULY 8, 2016 
Mr. NEWHOUSE (for himself, Mr. ASHFORD, Mr. BISHOP of Georgia, Mr. 
COLLINS of New York, Mr. CONAWAY, Mr. COSTA, Mr. CRAMER, Mr. 
CUELLAR, Mr. LABRADOR, Mr. NUNES, Mr. PETERSON, Mr. SCHRADER, 
Mr. SIMPSON, Mr. VALADAO, Mr. WALDEN, and Mr. VELA) 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 
waste, manure, or fertilizer, or constituents derived 
from such sources, or the ways in which they are 
managed, stored, handled, or applied by agricultural 
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 implement stand-
ards and recommendations for animal feeding oper-
ations (including concentrated animal feeding oper-
ations and large concentrated animal feeding oper-
ations) and other agricultural producers, as to ap-
propriate storage and handling techniques for ani-
mal waste, manure, and fertilizer, and the constitu-
ents derived from such sources, to reasonably pro-
tect water, air, and soil resources, 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 waste, manure, or fertilizer, or con-
stituents 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 animal 
waste, manure, or fertilizer, or constituents derived from 
animal waste, manure, or fertilizer’’ 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 is diligently seeking compli-
ance with such permit, standard, regulation, condi-
tion, requirement, prohibition, or order in a Federal 
or State administrative proceeding;’’; and 
(3) by adding after subparagraph (B) the fol-
lowing: 
‘‘(C) if the Administrator or State has, under 
any other law or regulation— 
‘‘(i) commenced and is diligently pros-
ecuting a civil or criminal action in a court of 
the United States or a State to address the 
same substance or activity that could otherwise 
be the subject of an action under subsection 
(a)(1)(A) of this section; or 
‘‘(ii) commenced a Federal or State admin-
istrative proceeding to address the same sub-
stance or activity that could otherwise be the 
subject of an action under subsection (a)(1)(A) 
of this section; or 
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‘‘(D) if the alleged violation concerns a sub-
stance or activity subject to a State plan approved 
under section 4007 of this Act.’’. 
Æ 
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