Superfund Bills Are Gaining Speed

NCBA members continue to urge members of Congress to take up and pass legislation confirming they never intended for America’s farmers and ranchers to be attacked via provisions of the 1980s Superfund laws.  Two bills in Congress would clarify that manure spread on farms was never intended to be included under the same Superfund regulations designed to regulate hazardous waste.

NCBA fully endorses H.R. 4341, a bill introduced by Rep. Ralph Hall (R-Texas) and co-sponsored by 189 members of the House.  In addition, bipartisan members of the U.S. Senate continue to rally in support of identical legislation in the Senate (S. 3681), which now has 35 co-sponsors.

“It continues to be critical that cattlemen contact their congressmen and let them know that they need to support this bill,” says NCBA Vice President of Government Affairs Jay Truitt.

Over the past couple of years, some state and local authorities have sought to extend Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 and Emergency Planning and Community Right-To-Know Act (EPCRA) of 1986 liability to our nation’s livestock operations for emissions or discharges from livestock manure.  Such an interpretation of Superfund law is not supported by science or legislative history.

“Congress must now confirm that it never intended to regulate manure under CERCLA or EPCRA,” says Truitt.  “Without such clarification, every livestock operation, agricultural field or organic farming operation on which manure or manure compost is spread for fertilizer in this country could be subject to comprehensive and highly regulated cleanup under Superfund law.”

CERCLA and EPCRA were intended for the worst-case environmental disasters, not for the regulation of on-farm use of manure. If lawsuits against livestock and poultry operations are successful in arguing that manure warrants Superfund action, the use of manure-based fertilizer in this country will basically be outlawed.

“If we allow the natural fertilizer that we use on our land to be declared a hazardous waste, ranchers will be in a very tight corner,” says Truitt.  “Combined with the recent EPA rule that seeks to regulate the dust on farms, we would have to work with increased restriction on the land and in the air.  These rules have the ability to affect the sustainability of agriculture.”

NCBA staff has repeatedly carried this message to Congress but now Congress needs to hear from you.  Sign on to www.CapWiz.com/beefusa to find out how to reach your representatives in Washington, D.C., or call 202-347-0228.