Manure is Not a Hazardous Waste

Issue:
Agricultural operations are threatened by potential liability for emissions or discharges from manure produced or used in their operations.  Farm Bureau and a coalition of other producer groups are urging Congress to clarify that it never intended to regulate manure under the Comprehensive Environmental Recovery, Compensation & Liability Act (CERCLA) or the Environmental Protection & Community Right-to-know Act (EPCRA), both of which are superfund laws.
 
Impact:
When the two laws were passed, Congress did not intend for CERCLA or EPCRA to apply to manure because the law clearly exempts the application of chemical fertilizers containing the same constituents as manure, such as orthophosphate, ammonia and hydrogen sulfide – which occur naturally in the environment.

Lawsuits against livestock and poultry operations claiming CERCLA and EPCRA liability have been filed by municipal and state governments in several states. Should such a case ultimately prove successful, other municipalities and states may well bring similar lawsuits. Furthermore, because the laws’ current reporting requirements and liability thresholds for non-ag releases/emissions of regulated substances are quite low, virtually any agricultural operation producing, storing and/or using animal manure could be held liable under CERCLA and EPCRA. This is not a large- versus small-farm issue.

Most recently, the attorney general of Oklahoma filed suit in federal court against 14 major integrated poultry production firms, claiming joint and several liability for damaged water quality in the Illinois River Watershed caused by poultry litter runoff from agricultural lands to which the litter was applied as fertilizer. The suit seeks to recover past, present and future response costs under CERCLA, as well as natural resource damages that are expected to add up to several hundred million dollars.

Animal agriculture operations are already regulated under the Clean Water Act, the Clean Air Act and various state laws to protect the environment. These regulations provide for permitting, enforcement and, if needed, remediation.

Farm Bureau Policy:
Farm Bureau “supports amending the Comprehensive Environmental Recovery, Compensation & Liability Act (CERCLA) and the Environmental Protection & Community Right-to-Know Act (EPCRA) to exclude agricultural operations.”

Legislative Request:
Overwhelming support for the legislation is needed. The Pennsylvania Farm Bureau urges members of Congress to co-sponsor and actively support H.R. 1398 and S. 807, “The Agricultural Protection and Prosperity Act of 2007.”