By JANE HOUIN
Ohio Correspondent

WASHINGTON, D.C. — Ohio Congressmen John Boehner (R-Dist. 8), House Minority Leader, Jim Jordan (R-Dist. 4) and Zack Space (D-Dist. 18) are cosponsoring the House version of the Agricultural Protection and Prosperity Act of 2007.

The proposed legislation would exempt livestock manure from the Superfund law.

“The intention of the Superfund bill was never to undercut the efforts of our farmers,” said Space, a Democrat from Dover. “That’s why it’s so important that we do something about this. We need to make sure that our farmers are free from unnecessary regulation.”

Manure from livestock farms of all sizes could be regulated like hazardous waste unless Congress takes action, House and Senate legislators warned. The act would clarify that manure is not subject to Superfund. Similar legislation was introduced last July.

“On my Farm Tour, I heard over and over that this was handcuffing our farmers,” said Space, who recently participated in a week-long Farm Listening Tour in southeastern Ohio. “I refuse to let our farmers’ well-being and welfare be hurt by an interpretation of a law that was never intended.”

The Agricultural Protection and Prosperity Act of 2007 will clarify once and for all that livestock manure should not be classified as a hazardous substance, pollutant or contaminant under what is formally known as the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). Livestock manure is used to fertilize crops and restore nutrients to soil.

“This is a common-sense bill that will protect our farmers from the web of government regulation,” Space said.

Even with a change, current practices continue to serve as safeguards against the contamination of the drinking water of towns and communities.

“Farmers and ranchers have always been responsible stewards of the land and make great strides to preserve a healthy environment for their food production, as well as for their families and communities,” said Arkansas Sen. Blanche Lincoln (D), a member of the Senate Agriculture Committee.

“There is a growing understanding in this country, however, that without the clarification provided by our legislation, requirements and liability under CERCLA could be unfairly applied to America’s farmers and ranchers both large and small.”

Originally designed to clean up toxic waste sites, CERCLA has recently been applied to livestock farms by some courts.

Legislators say livestock producers could face fines of $27,500 per day if they are in violation of the law.

“This clarifies the original intent of CERCLA, and does nothing to change the current environmental laws that regulate agriculture, including livestock waste,” said Sen. Pete Domenici (R) of New Mexico. “We offer this measure to protect the viability and competitiveness of our nation’s livestock industry.”

The bipartisan Agricultural Protection and Prosperity Act of 2007 would clarify that livestock manure, which many agricultural producers utilize in their traditional farming practices, is not classified as a hazardous substance, pollutant or contaminant under CERCLA.

“Congress thought it was clear when it passed EPCRA (Emergency Planning and Community Right-to-Know Act) and CERCLA that naturally-occurring processes, such as manure decomposition, at agricultural operations were exempt from these laws,” said Sen. Larry Craig (R) of Idaho. “However, some special-interest groups intent on shutting down American agriculture seem to disagree and are attempting to use the courts to legislate their desired changes.”

If normal animal manure is found to be a hazardous substance under Superfund law, then virtually every farm operation in the country could be potentially exposed to liabilities and penalties under the law.

“Congress never intended for Superfund to apply to farms, but the judicial system has done just that, threatening the livelihood of farmers and ranchers everywhere by trying to equate manure with the toxic and industrial waste that has been responsible for some of America’s worst chemical spills,” said Minnesota Congressman Collin Peterson (D-Dist. 7), Chairman of the House Agriculture Committee.

“Congress needs to reaffirm its intention that this material is not a pollutant or hazardous substance. In addition, the treatment of animal waste through the use of anaerobic methane digesters could be put at risk if we don’t clarify this law. That would jeopardize the opportunity we have to improve the environment by using this bio-gas as a renewable energy resource.”

The proposed legislation would clarify that CERCLA industrial and toxic pollutant standards are not applied to livestock operations. It would spell out that livestock emissions – already regulated by the Environmental Protection Agency through the Clean Air Act (CAA), Clean Water Act (CWA) and the Federal Insecticide, Fungicide and Rodenticide Act and other laws – may not be classified as industrial pollutants under CERCLA and EPCRA.

“Claims that agriculture is seeking a broad exemption from environmental and health laws are simply untrue,” said Texas Congressman Ralph Hall (R-Dist. 4).

This legislation would not affect state and local permitting and regulatory standards for farm and livestock operations.

The Agricultural Protection and Prosperity Act of 2007 is cosponsored by a bipartisan group of nine senators and 59 representatives.

This farm news was published in the April 25, 2007 issue of Farm World, serving Indiana, Ohio, Illinois, Kentucky, Michigan and Tennessee.