Dan Benishek on Environment

Stop considering manure as pollutant or hazardous.

Congressional Summary:Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to exclude manure from the definition of "hazardous substance" and "pollutant or contaminant" for purposes of such Act. Defines "manure" to mean:

1. digestive emissions, feces, urine, urea and other excrement from livestock;
2. any associated bedding, compost, raw materials or other materials commingled with such excrement from livestock;
3. any process water associated with such items; and
4. any byproducts, constituents, or substances contained in, or originating from, such items or any emissions relating to such items.

Opponent's Comments (Jim Ruen on AgProfessional.com, Oct. 3, 2011): Since when can a fertilizer dealer operate without concern for environmental regulation and impact? Let's face it, we aren't talking about Ma and Pa Kettle with their six milk cows and three sows here spreading a load of manure on the back 40. We are talking about CAFO units with thousands of animals and tens of thousands or more tons/gallons of manure. While a few maybe spreading on their own land, most are selling it to area farmers. At a time when fertilizer dealers and companies have to be conspicuously careful with how they handle product, why shouldn't mega-livestock operators be equally regulated as they sell their "waste" product for its nutrient and soil building value. Since when do commercial N, P and K producers or handlers get a free ride from the EPA...or Congress?

Member of House Natural Resources Committee.

The U.S. House Committee on Natural Resources, or Natural Resources Committee, has jurisdiction over issues of:

• Fisheries and wildlife, including research, restoration, refuges, and conservation.
• Forfeiture of land grants and alien ownership, including alien ownership of mineral lands.
• United States Geological Survey.
• International fishing agreements.
• Interstate compacts relating to apportionment of waters for irrigation purposes.
• Irrigation and reclamation, including water supply for reclamation projects and easements of public lands for irrigation projects; and acquisition of private lands when necessary to complete irrigation projects.
• Native Americans generally, including the care and allotment of Native American lands and general and special measures relating to claims that are paid out of Native American funds.
• Insular possessions of the United States generally (except those affecting the revenue and appropriations).
• Military parks and battlefields, national cemeteries administered by the Secretary of the Interior, parks within the District of Columbia, and the erection of monuments to the memory of individuals.
• Mineral land laws and claims and entries thereunder.
• Mineral resources of public lands, including the Outer Continental Shelf.
• Mining interests generally.
• Mining schools and experimental stations.
• Marine affairs, including coastal zone management (except for measures relating to oil and other pollution of navigable waters).
• Oceanography.
• Petroleum conservation on public lands and conservation of the radium supply in the United States.
• Preservation of prehistoric ruins and objects of interest on the public domain.
• Public lands generally, including entry, easements, and grazing thereon.
• Relations of the United States with Native Americans and Native American tribes.
• Trans-Alaska Oil Pipeline (except ratemaking).

No EPA permits required for forest road runoff.

Congressional Summary:Amends the Clean Water Act to prohibit the EPA from requiring permits for a discharge of stormwater runoff resulting from silviculture activities.

Opponent's argument against bill: (Evergreen Magazine and Washington Forest Law Center): In Aug. 2010, the Ninth Circuit Court of Appeals ruled unanimously that polluted stormwater generated by logging roads is subject to regulation under the Clean Water Act. [The ruling meant] that rain runoff from forest roads constituted an industrial (not forestry) activity, which should be considered a "point source" discharge under the CWA. The lawsuit was brought because forest roads have been dumping sediment into rivers that support myriad species of salmon and resident trout, all of which are at risk from the pollution. The ruling will require State agencies to issue permits and ensure that road construction and maintenance practices limit or eliminate such discharges.

In March 2013, the US Supreme Court reversed the Ninth Circuit: permits are not required for stormwater discharges from pipes, ditches and channels along logging roads. [This legislation supports the Supreme Court ruling, against the Ninth Circuit conclusion].

Proponent's argument for bill: (Press release by sponsors):

Sen. WYDEN (D-OR): "We need a healthy timber industry to provide timber jobs and to do the restoration work that ensures healthy forests. The way to do that is to stop litigating questions that have already been answered."

Sen. CRAPO (R-ID): "The jobs and economic activities relating to the forest products industry are critical to the Pacific Northwest. The Clean Water Act was not intended to regulate stormwater runoff on forest roads."

Rep. HERRERA BEUTLER (R-WA): "At the heart of our efforts are the moms and dads employed by healthy, working forests--and passing this law will help make sure they have jobs, and will help make our forests healthy."

Require reporting lead in drinking water to the public.

Congressional Summary:

• The EPA Administrator shall, in collaboration with operators of public water systems, establish a strategic plan for outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system.
• Each operator of a public water system shall identify and provide notice to persons who may be affected by lead contamination of their drinking water, and corrosivity of the water supply sufficient to cause leaching of lead
• In making information available to the public, the Administrator shall target groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water.