ATTEMPTS TO REGULATE LIVESTOCK MANURE

UNDER SUPERFUND (CERCLA/EPCRA)

Summary:

NCBA and TCFA are working to support legislation to clarify the regulation of livestock manure under Superfund laws. Over the past few years, some have suggested Superfund laws [Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 and Emergency Planning and Community Right-To-Know Act (EPCRA) of 1986] should be applied to manure from animal feeding, farming and ranching operations. 

In the 110^th Congress, both the House and senate have re-introduced bills that would exempt manure from regulation as a Superfund material.  Eight members of the Senate and 58 members of the House introduced legislation on March 8. 

In the Senate, S. 807 was introduced by Senators Blanche Lincoln (D-Ark.) and Pete Domenici (R-N.M.).  H.R. 1398 was introduced by Representatives Collin Peterson (D-Minn.) and Ralph Hall (R-Texas) in the House. 

For cattlemen, this issue could have a tremendous impact. If opponents of animal agriculture are successful in their efforts to bring manure under Superfund regulations, any cattle producer that spreads manure on a pasture or provides it for use as a fertilizer could be subject to EPA's Superfund laws, originally intended to address hazardous and toxic industrial chemical spills.

Background:

Some state and local authorities are seeking to extend CERCLA and EPCRA liability to our nation's livestock operations for emissions or discharges from manure.  Such an interpretation is NOT supported either by the science or legislative history. 

Because of these challenges, however, Congress must confirm that it never intended to regulate manure under CERCLA or EPCRA.  Without such clarification, every livestock or poultry operation, or agricultural field or organic farming operation on which manure or manure compost is spread for fertilizer in this country could be subject to Superfund laws. 

CERCLA was created in 1980 to provide for cleanup of the worst industrial toxic waste sites and spills such as Love Canal and Times Beach. The Community Right to Know law, EPCRA, was adopted in 1986 in the wake of the 1984 Union Carbide disaster in Bhopal, India, to force reporting of releases of hazardous chemicals and to enable emergency responses from governments. Both CERCLA and EPCRA contain provisions exempting "the normal application of fertilizer." Manure is the natural fertilizer for many farms and is essential to the organic food industry.

American agriculture is effectively regulated by a wide range of tough federal and state environmental laws, regulations and permitting.  It has never been regulated by CERCLA or EPCRA.  Livestock and poultry operators do not operate Superfund sites, and manure is not a Superfund waste.  Fields on which manure is spread are not Superfund sites either.

Key Points:

         Animal manure has been safely used as a fertilizer by many cultures all over the world for centuries.  If normal animal manure is found to be a hazardous substance under CERCLA, then virtually every farm operation in the United States could be potentially exposed to liabilities and penalties under the act.  Clearly, Congress never intended such an outcome. 

         Animal manure from farms and livestock operations is natural and unavoidable.  Livestock and poultry farms are not Superfund sites and manure is not a Superfund hazardous substance.  Fields on which manure is spread as a fertilizer are not Superfund sites either.

         It's ludicrous to suggest that tens of thousands of farms and livestock producers should be subject to comprehensive and highly regulated cleanup under Superfund law.

-          The Superfund law, CERCLA, was created in 1980 to provide for cleanup of the worst industrial toxic waste sites and spills such as Love Canal and Times Beach.

-          The Community Right to Know law, EPCRA, was adopted in 1986 in the wake of the 1984 Union Carbide disaster in Bhopal, India, to force reporting of releases of hazardous chemicals and to enable emergency responses from governments.

-          Both CERCLA and EPCRA contain provisions exempting "the normal application of fertilizer."  Manure is the natural fertilizer for many farms and is essential to the organic food industry.

         American agriculture is effectively regulated by a wide range of tough federal and state environmental laws, regulations and permitting.  It has never been regulated by CERCLA or EPCRA.

-          Agriculture falls under the federal Clean Water Act (CWA), Clean Air Act (CAA), Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and other legislation. 

-          State agricultural statutes and regulations cover clean water and air, soil conservation, dust and odor control and nuisance conditions.

-          Waste containment plans and nutrient management plans are central to American agriculture.

         U.S. farmers and ranchers are responsible stewards of the land, water and air we breathe.   Their heritage and livelihood are closely connected to preserving a healthy, safe and clean environment for their animals and food production.