Title: Farm Regulatory Certainty Act
Policy area: Environmental Protection

Summary:
Farm Regulatory Certainty Act
This bill amends the Resources Conservation and Recovery Act of 1976 to specify that animal waste, manure, and fertilizer are excluded from the Act's requirements if the waste, manure, or fertilizer originates from or is utilized by an agricultural operation.
Citizen suits may not be brought under the Act against an agricultural operation if federal or state legal and enforcement actions are already underway.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 848 Introduced in House (IH)]

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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. Thompson 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 efficient nutrient 
management practices and to clarify the citizen suit provisions of such 
                      Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farm Regulatory Certainty Act''.

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 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 Congress' intent not to regulate manure and 
        crop residues under the Solid Waste Disposal Act.
            (3) Congress has confidence in the ability of the Natural 
        Resources Conservation Service and the Environmental Protection 
        Agency to, when appropriate, implement standards and 
        recommendations for animal feeding operations (including 
        concentrated animal feeding operations and large concentrated 
        animal feeding operations) and other agricultural producers, as 
        to appropriate storage and handling techniques for animal and 
        crop waste, manure, and fertilizer, and the constituents 
        derived from such sources, to reasonably protect water, air, 
        and soil resources, as well as ensure public health.
            (4) Continued judicial misinterpretation of Congress' 
        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 respect 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 individuals or 
        entities diligently attempting to comply with State or Federal 
        environmental or resource quality permits, standards, 
        regulations, conditions, requirements, 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 originating from or 
utilized by an agricultural operation, animal or crop waste, manure, or 
fertilizer or constituents derived from such animal or crop waste, 
manure, or fertilizer'' after ``Atomic Energy Act of 1954, as amended 
(68 Stat. 923)''.

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 following:
            ``(C) in the case of an alleged violation by an 
        agricultural operation--
                    ``(i) if the Administrator or State is diligently 
                seeking compliance with such permit, standard, 
                regulation, condition, requirement, prohibition, or 
                order in a Federal or State administrative proceeding;
                    ``(ii) if the Administrator or State has, under any 
                other law or regulation--
                            ``(I) commenced and is diligently 
                        prosecuting 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 otherwise be 
                        the subject of an action under subsection 
                        (a)(1)(A) of this section; or
                            ``(II) commenced a Federal or State 
                        administrative proceeding against such 
                        agricultural operation 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
                    ``(iii) if the alleged violation concerns a 
                substance or activity subject to a State plan approved 
                under section 4007 of this Act.''.
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