American Horse Council - Livestock Manure and Superfund Legislation

Livestock Manure and Superfund Legislation

Legislation has been introduced to amend the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), commonly known as "Superfund," to provide that livestock manure is not considered a hazardous substance, pollutant or contaminant under that Act.

Unlike last Congress' version, this bill protects horses along with other livestock. The AHC worked with the supporters of the bill to ensure that the definition of "livestock" included horses.

The House bill (H. R. 1398) was introduced by Representatives Collin Peterson (D-MN) and Ralph Hall (R-TX), along with 59 other Representatives. It was jointly referred to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure. The Senate bill (S. 807) was introduced by Senators Blanche Lincoln (D-AR), Mary Landrieu (D-LA), Pete Domenici (R-NM) and Saxby Chambliss (R-GA), along with 5 other Senators. That bill was referred to the Committee on Environment and Public Works.

Legislation Clarifies that Livestock is not Subject to Superfund

The legislation is in response to attempts over the past few years by some states and local authorities to extend CERCLA and the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) to livestock and poultry
operations for emissions or discharges from manure produced in those operations. While the animal agriculture industry has been regulated for years under the Clean Water Act, Clean Air Act and various state laws to protect the environment, it has never been regulated under Superfund or EPCRA, which include severe liability provisions.

The livestock industry is seeking a Congressional clarification that these laws were never intended to apply to or regulate manure.

Horses Now Included in the Bill

The bill would amend CERCLA to provide that livestock manure is not included in the meaning of "hazardous substance" or "pollutant or contaminant" under that Act.

The bill defines "manure" to mean "digestive emissions, feces, urine and other excrement" and "any associated bedding, compost, raw materials or other materials commingled with such excrement" from "livestock" as defined in Section 10403 of the Farm Security and Rural Investment Act of 2002. That provision defines livestock as "all farm-raised animals," which includes horses.