Legislative Hearing on S. 2421, the Fair Agricultural Reporting Method Act

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Legislative Hearing on S. 2421, the Fair Agricultural Reporting Method Act S. HRG. 115–237 LEGISLATIVE HEARING ON S. 2421, THE FAIR AGRICULTURAL REPORTING METHOD ACT HEARING BEFORE THE SUBCOMMITTEE ON SUPERFUND, WASTE MANAGEMENT, AND REGULATORY OVERSIGHT OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION MARCH 8, 2018 Printed for the use of the Committee on Environment and Public Works ( Available via the World Wide Web: http://www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 30–052 PDF WASHINGTON : 2018 VerDate Aug 31 2005 06:59 May 23, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\_EPW\DOCS\30052.TXT SONYA COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION JOHN BARRASSO, Wyoming, Chairman JAMES M. INHOFE, Oklahoma THOMAS R. CARPER, Delaware, Ranking SHELLEY MOORE CAPITO, West Virginia Member JOHN BOOZMAN, Arkansas BENJAMIN L. CARDIN, Maryland ROGER WICKER, Mississippi BERNARD SANDERS, Vermont DEB FISCHER, Nebraska SHELDON WHITEHOUSE, Rhode Island JERRY MORAN, Kansas JEFF MERKLEY, Oregon MIKE ROUNDS, South Dakota KIRSTEN GILLIBRAND, New York JONI ERNST, Iowa CORY A. BOOKER, New Jersey DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts RICHARD SHELBY, Alabama TAMMY DUCKWORTH, Illinois CHRIS VAN HOLLEN, Maryland RICHARD M. RUSSELL, Majority Staff Director GABRIELLE BATKIN, Minority Staff Director SUBCOMMITTEE ON SUPERFUND, WASTE MANAGEMENT, AND REGULATORY OVERSIGHT MIKE ROUNDS, South Dakota, Chairman JERRY MORAN, Kansas CORY A. BOOKER, New Jersey, Ranking JONI ERNST, Iowa Member DAN SULLIVAN, Alaska BERNARD SANDERS, Vermont JOHN BARRASSO, Wyoming (ex officio) CHRIS VAN HOLLEN, Maryland THOMAS R. CARPER, Delaware (ex officio) (II) VerDate Aug 31 2005 06:59 May 23, 2018 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\_EPW\DOCS\30052.TXT SONYA CONTENTS Page MARCH 8, 2018 OPENING STATEMENTS Rounds, Hon. Mike, U.S. Senator from the State of South Dakota .................... 1 Booker, Hon. Cory A., U.S. Senator from the State of New Jersey ..................... 2 Carper, Hon. Thomas R., U.S. Senator from the State of Delaware ................... 4 Fischer, Hon. Deb, U.S. Senator from the State of Nebraska ............................. 8 Barrasso, Hon. John, U.S. Senator from the State of Wyoming .......................... 9 WITNESSES Mortenson, Todd, Mortenson Ranch, member, National Cattlemen’s Beef As- sociation ................................................................................................................ 11 Prepared statement .......................................................................................... 14 Responses to additional questions from: Senator Barrasso ....................................................................................... 20 Senator Ernst ............................................................................................ 21 Satterfield, Bill, Executive Director, Delmarva Poultry Industry, Inc ................ 23 Prepared statement .......................................................................................... 25 Responses to additional questions from Senator Barrasso ........................... 30 Response to an additional question from Senator Ernst ............................... 31 Kuhn, Mark, Floyd County Supervisor, Floyd County, Iowa ............................... 32 Prepared statement .......................................................................................... 34 Response to an additional question from Senator Ernst ............................... 57 LEGISLATION Text of S. 2421, the Fair Agricultural Reporting Method Act ............................. 107 ADDITIONAL MATERIAL Letter to Senators Barrasso, Rounds, Carper, and Booker from Marti and Larry Olesen et al., March 7, 2018 ..................................................................... 111 Letter to Senators Barrasso, Rounds, Carper, and Booker from the Animal Legal Defense Fund et al., March 9, 2018 ......................................................... 122 (III) VerDate Aug 31 2005 06:59 May 23, 2018 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\_EPW\DOCS\30052.TXT SONYA VerDate Aug 31 2005 06:59 May 23, 2018 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\_EPW\DOCS\30052.TXT SONYA LEGISLATIVE HEARING ON S. 2421, THE FAIR AGRICULTURAL REPORTING METHOD ACT THURSDAY, MARCH 8, 2018 U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, SUBCOMMITTEE ON SUPERFUND, WASTE MANAGEMENT, AND REGULATORY OVERSIGHT, Washington, DC. The Committee met, pursuant to notice, at 10:03 a.m. in room 406, Dirksen Senate Office Building, Hon. Mike Rounds (Chairman of the Subcommittee) presiding. Present: Senators Rounds, Booker, Moran, Ernst, Van Hollen, Barrasso, Carper, Inhofe, Boozman, Wicker, Fischer, and Markey. OPENING STATEMENT OF HON. MIKE ROUNDS, U.S. SENATOR FROM THE STATE OF SOUTH DAKOTA Senator ROUNDS. Well, good morning. The Environment and Public Works Subcommittee on Superfund, Waste Management, and Regulatory Oversight is meeting today to conduct a legislative hearing on S. 2421, the Fair Agricultural Re- porting Method, or FARM Act. Comprehensive Environmental Response, Compensation, and Li- ability Act of 1980, or CERCLA, was established to manage haz- ardous waste and respond to environmental emergency spills and natural disasters. Under CERCLA, the owner or operator of a facil- ity must report the release of a certain amount of hazardous sub- stance to authorities within 24 hours. This is to make certain that first responders have the information they need to adequately re- spond to a release of a hazardous substance into the environment and surrounding community. Although ammonia and hydrogen sulfide are both considered hazardous substances under CERCLA, and both are emitted into the air from animal manure, Congress never intended normal agri- cultural operations and American farmers to be subject to the re- porting requirements under these laws. CERCLA was intended to make certain State and Federal officials have the information they need in the event they have to respond to an emergency release of a hazardous substance. It is unlikely Federal officials would be re- quired to respond to an emergency release at a cattle operation or a poultry farm, particularly one resulting from animal waste or emissions. Further, it is unlikely the U.S. Coast Guard, which coordinates CERCLA reporting, has the resources to manage the nearly 200,000 farms that would be required to report their daily activi- (1) VerDate Aug 31 2005 06:59 May 23, 2018 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\_EPW\DOCS\30052.TXT SONYA 2 ties under this rule. This additional burden on resources could po- tentially hinder the ability of first responders to respond to real emergencies. Accordingly, in 2008 the Environmental Protection Agency re- leased a rule exempting animal waste at agricultural operations from CERCLA reporting. However, in 2017 the D.C. Circuit Court, in Waterkeeper Alliance v. EPA, vacated the EPA’s 2008 rule. This decision leaves approximately 200,000 American farmers subject to bureaucratic and burdensome reporting and paperwork, the re- quirements that may overwhelm first responders, while the bene- fits of this regulation are questionable at best. That is why I have worked with Senator Fischer, Chairman Bar- rasso, Ranking Member Carper, and the rest of my bipartisan col- leagues to introduce the Fair Agricultural Reporting Method, or FARM Act. This legislation would reinstate the CERCLA reporting exemption for air emissions from animal wastes so that American farmers and ranchers will not be burdened by needless Federal reg- ulations and can continue to do what they do best. American farmers and ranchers are already required to comply with multiple Federal regulations governing how they run their op- erations. Complying with these Federal regulations requires hours of paperwork, time, money, and resources, all of which take away from actually being able to work on their land. We should not make them subject to additional layers of bureaucracy that Congress never intended them to be subject to. It should also be noted that CERCLA is the basis for EPA’s Superfund program. This law was intended to allow the EPA to co- ordinate cleanups of hazardous waste or Superfund sites. A U.S. farm or ranch is most certainly not a Superfund site and should not be regulated as such. The FARM Act prevents U.S. farmers and ranchers from being subject to needless regulations that have no environmental benefit. I would like to thank Senator Fischer and Chairman Barrasso for their leadership on this issue. I am glad we were able to work in a bipartisan fashion to move this bill forward. Our witnesses today are members of the agricultural community, with decades of experience in farming and ranching. They are well versed in agricultural operations and how Federal regulations af- fect their way of life, and their ability to do business and provide the food that we all rely on. I would like to thank our witnesses for being here today with us, and I look forward to hearing their testimony. Now I would like to recognize Senator Booker for a 5 minute opening statement. Senator Booker. OPENING STATEMENT OF HON. CORY A. BOOKER, U.S. SENATOR FROM THE STATE OF NEW JERSEY Senator BOOKER. I am really grateful, Chairman Rounds, to be able to serve with you on this Committee; it is exciting to have the opportunity to partner with you. I hope it is as well as my partner- ship with Senator Fischer. She and I were a great tag team. She is still mad
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