Western lawmakers have proposed an amendment to the federal Solid Waste Disposal Act to help farmers understand which manure management rules they’re supposed to follow. HR 848, the Farm Regulatory Certainty Act, would reaffirm and clarify Congress’ intention regarding manure management under the Resources Conservation and Recovery Act of 1976, also known as the Solid Waste Disposal Act.

The new legislation would also prevent farmers who are already engaged in legal action or making a “diligent attempt” to work with state or federal governments to address manure management issues from being targeted by citizen lawsuits, according to the lawmakers. Manure runoff has been a concern in Skagit, Whatcom and Yakima counties in Washington state.

In early 2015, a federal judge in Washington applied solid waste disposal rules in the RCRA to dairy farms in the Yakima Valley. The Environmental Protection Agency and Congress “clearly” never intended RCRA for that purpose, Washington Rep. Dan Newhouse told the Capital Press. “They were not to target farmers, dairies, livestock producers,” Newhouse said of the rule. “(Farmers) ended up having to comply with a rule they had no idea they were subject to.”

The new legislation will provide farmers with clarity so they know which rules apply to them and can get better environmental results, Newhouse said. “We’re not talking about letting anybody off the hook when it comes to being responsible for the environment,” Newhouse said. “We just want to make sure it’s clear which rules they need to follow.”

Newhouse and fellow Washington Rep. Cathy McMorris Rodgers, both Republicans, and Rep. Jim Costa, D-Calif., introduced the bill. It has 27 additional sponsors, including Rep. Collin Peterson, D-Minn., former chairman of the House Agriculture Committee, Rep. Kurt Schrader, D-Ore., and Rep. Devin Nunes, R-Calif.

The bill has been referred to the House Energy and Commerce Committee. The text of the bill has not yet been released. Newhouse first introduced a similar bill last year, and is hopeful it will pass this year. One of his co-sponsors last year, Rep. Greg Walden, R-Ore., is chairman of the committee.

To read the full story, visit http://www.capitalpress.com/Dairy/20170207/bill-would-clarify-solid-waste-disposal-rules-for-ag.

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