To regulate concentrated animal feeding operations for the protection of the environment and public health, and for other purposes.

To regulate concentrated animal feeding operations for the protection of the environment and public health, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Concentrated Livestock Existing Alongside Nature Act'.

SEC. 2. DEFINITIONS.

In this Act:

(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.

(2) ANIMAL OWNER-

(A) IN GENERAL- The term `animal owner' means the person that has the primary ownership, controlling, or beneficial interest in the animals in a concentrated animal feeding operation.

(B) INCLUSIONS- The term `animal owner' includes an employee or agent of a person described in subparagraph (A).

(3) ANIMAL WASTE-

(A) IN GENERAL- The term `animal waste' means the excreta or other associated waste of an animal.

(B) INCLUSIONS- The term `animal waste' includes litter, bedding, a dead animal, a composted animal carcass, or other residual organic matter from a concentrated animal feeding operation.

(4) ANIMAL WASTE MANAGEMENT PLAN- The term `animal waste management plan' means a written statement submitted by the operator of a concentrated animal feeding operation to the Administrator detailing the manner in which the operation will comply with this Act.

(5) ANIMAL WEIGHT CAPACITY- The term `animal weight capacity' means the product obtained by multiplying--

(A) the maximum number of animals in a concentrated animal feeding operation at any 1 time during a year; and

(B) the average weight of such an animal during a production cycle (as defined by the Administrator).

(6) APPLICATION- The term `application' means laying, spreading on, irrigating, injecting, or otherwise placing animal waste on land by any means.

(7) APPROVED PLAN- The term `approved plan' means an animal waste management plan for which a written notice of approval has been issued by the Administrator, and is effective, under this Act.

(8) CONCENTRATED ANIMAL FEEDING OPERATION-

(A) IN GENERAL- The term `concentrated animal feeding operation' means any livestock or poultry feeding operation that--

(i)(I) confines animals to areas that are totally roofed;

(II) if the operation does not confine animals to areas that are totally roofed, confines animals to areas in which the animal density, measured as the ratio of the number of animals to the acreage of the areas in which the animals are confined, exceeds a level established by the Administrator on the basis of the potential for surface and ground water pollution from animal waste; or

(III) collects animal excreta for disposal, storage, or application with a mechanical or flushing system or by other means;

(ii) holds animals for 45 days or more during any 1-year period; and

(iii) has a capacity of at least 1,000 animals.

(B) INCLUSIONS- The term `concentrated animal feeding operation' includes--

(i) all structures and land used for the collection, storage, treatment, or application of animal waste from an operation described in subparagraph (A); and

(ii) each of 2 or more operations described in subparagraph (A) in which the animals are under common ownership or control, if the combined animal weight capacity of the operations exceeds the amounts described in subparagraph (A)(iii).

(9) CONTAINMENT STRUCTURE- The term `containment structure' means a lagoon, pit, tank, or other structure used to receive and store animal waste, regardless of the length of time the waste remains in such a structure.

(10) CONTAINMENT SYSTEM- The term `containment system' means all structures or devices used exclusively or partly for the collection, storage, composting, transportation, or application of animal waste from a concentrated animal feeding operation.

(11) DEPARTMENT- The term `Department' means the Department of Agriculture.

(12) DRY WASTE OPERATION- The term `dry waste operation' means a concentrated animal feeding operation in which animal waste is collected and stored exclusively in a dry form.

(13) EARTHEN LAGOON- The term `earthen lagoon' means an earthen cavity or structure, covered or uncovered, that receives and stores for any period of time animal waste from animals in a concentrated animal feeding operation.

(14) FORMED STORAGE STRUCTURE- The term `formed storage structure' means a structure, covered or uncovered, that has walls and a floor constructed of concrete, concrete block, wood, steel, or similar material, including plastic, rubber, fiberglass, or other synthetic material.

(15) OPERATOR-

(A) IN GENERAL- The term `operator' means a person that owns or controls a concentrated animal feeding operation.

(B) AGENTS- If the operator of a concentrated animal feeding operation is not the same person as the animal owner, the operator shall be considered to be an agent of the animal owner, notwithstanding any contract or other agreement entered into between the owner and the operator.

(16) WET WASTE OPERATION- The term `wet waste operation' means a concentrated animal feeding operation in which animal waste is collected and stored in a liquid or semiliquid form.

SEC. 3. WATER AND SOIL POLLUTION.

(a) MAXIMUM LEVELS FOR NITROGEN AND PHOSPHORUS- The application of animal waste to land by any person is prohibited if (taking into account all sources of nutrients, including commercial fertilizer) the application of animal waste would result in the application of nitrogen or phosphorus in a quantity that significantly increases the risk of increased soil toxicity or the pollution of surface or ground water.

(b) MAXIMUM LEVELS FOR OTHER SUBSTANCES-

(1) ESTABLISHMENT- Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture, shall establish maximum permitted levels for other nutrients, minerals, metals, or other substances found in animal waste whose presence in land above the levels would pose a significant threat of soil toxicity or environmental pollution.

(2) EXCESS LEVELS- The application of animal waste to land by any person is prohibited if following the application of the animal waste the level of a substance referred to in paragraph (1) would exceed the maximum level established for the substance by the Administrator.

(c) APPLICATION OF WASTE TO LAND-

(1) AERIAL SPRAYING- The Administrator, in consultation with the Secretary of Agriculture, shall establish--

(A) minimum distances from environmentally sensitive locations and locations with high population density or sensitive populations (including distances from neighboring residences, schools, day care centers, hospitals, medical facilities, surface water, water supply wells, wetlands not used for water treatment purposes, floodplains, and the drainage areas of drainage wells, drainage ditches, tile drainage lines, and subsurface drainage inlets) within which animal waste shall not be applied by aerial spraying; and

(B) limits and prohibitions on aerial spraying on compromised soil during severe inclement weather.

(2) OTHER APPLICATIONS- Animal waste shall not be applied--

(A) on ice, snow, frozen soil, or water-saturated soil; or

(B) in other conditions designated by the Administrator.

(d) CONTAINMENT OR TREATMENT OF ALL WASTE-

(1) CONTAINMENT- Any containment system shall retain all animal waste produced by the operation between applications, including runoff that runs through or into any area or structure in which animal waste is present.

(2) TREATMENT OF EXCESS WASTE- If a wet waste operation produces more animal waste than can be applied to land in accordance with this Act or used for another purpose determined by the Administrator to pose no significant risk of water pollution, the operation shall treat the excess animal waste in accordance with Federal, State, and local laws (including regulations) governing the treatment of human waste.

(3) STORAGE OF EXCESS WASTE- If a dry waste operation produces more animal waste than can be applied to land in accordance with this Act or used for another purpose determined by the Administrator to pose no significant risk of water pollution, animal waste of the operation shall be stored only in a covered, formed storage structure constructed in accordance with technical standards established by the Administrator that ensure that the structure--

(A) has the structural integrity to withstand expected internal and external load pressures; and

(B) will not discharge animal waste.

(e) CONSTRUCTION AND USE OF CERTAIN STRUCTURES- An owner or operator of a concentrated animal

(1) a containment system, if any portion of the system is located below the highest ground water level that occurs during the year; or

(2) an earthen lagoon that is--

(A) located in an area with characteristics (including topology, hydrology, and soil composition) that do not allow (according to technical standards established by the Administrator) the construction of an earthen lagoon without a significant risk of water pollution from animal waste;

(B) located within minimum distances established by the Administrator from environmentally sensitive locations and locations with high population density or sensitive populations (including distances from neighboring residences, schools, day care centers, hospitals, medical facilities, surface water, water supply wells, wetlands not used for water treatment purposes, floodplains, and the drainage areas of drainage wells, drainage ditches, tile drainage lines, and subsurface drainage inlets); or

(C) not lined in accordance with technical standards established by the Administrator that use the best available technology.

(f) CONTAINMENT SYSTEM FOR WET WASTE OPERATIONS- The containment system for a wet waste operation shall include--

(1) emergency shutoff devices that are designed and placed in a manner that ensures the fastest practicable containment of animal waste in the event of an unexpected leakage or other discharge; and

(2) failsafe structures that will contain, in the event that a containment structure breaches or overflows, a minimum quantity of animal waste equal to the maximum quantity loaded into the containment structure in any 48-hour period.

(g) DISCONTINUATION OF USE OF ANIMAL WASTE STORAGE STRUCTURES-

(1) IN GENERAL- An operator that ceases use of an animal waste storage structure shall, not later than 180 days after the date on which use of the structure ceases, remove and dispose of all animal waste from the structure in accordance with this Act.

(2) PERMIT- An operator shall maintain for a storage structure all applicable permits required under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) until such time as all animal waste is removed from the storage structure.

(h) APPLICATION OF ANIMAL WASTE ON OTHER LAND- Before applying animal waste from a concentrated animal feeding operation on land other than land owned by the animal owner or operator, the animal owner and the owner of the land where the waste will be applied shall execute a written agreement that includes such terms and conditions as are necessary to ensure that the waste is applied in accordance with this Act.

(i) NO AUTHORIZATION OF DISCHARGES- Nothing in this section authorizes the direct discharge of animal waste into surface water.

SEC. 4. AIR POLLUTION.

Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by adding at the end the following:

`(e) HYDROGEN SULFIDE AND AMMONIA-

`(1) DEFINITION OF CAFO- The term `CAFO' has the meaning given the term `concentrated animal feeding operation' in section 2 of the Concentrated Livestock Existing Alongside Nature Act.

`(2) LIMITS ON EMISSIONS-

`(A) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate national primary ambient air quality standards for hydrogen sulfide and ammonia as measured at any point on the property line of a CAFO.

`(B) PERMITTED EXCEEDANCES- A CAFO may exceed a standard under subparagraph (A) on not more than 7 days in any calendar year if, for each day on which the standard is to be exceeded, the owner or operator of the CAFO provides to a State or local official designated by the Administrator, at least 48 hours before the day on which the standard will be exceeded, notice of the upcoming exceedance.

`(3) NO EFFECT ON OTHER LAW; APPLICABILITY- Nothing in paragraph (2)--

`(A) preempts any State or local law that imposes a requirement that is more stringent than a requirement under paragraph (2); or

`(B) applies--

`(i) in any State that has in effect a statewide moratorium on the construction or expansion of CAFOs; and

`(ii) provides, under State law (including a regulation) equal or greater protection against air pollution from CAFOs.'.

SEC. 5. PLAN APPROVAL.

(a) IN GENERAL- The Administrator shall establish and carry out an animal waste management program under which the Administrator shall approve an animal waste management plan submitted by an animal owner if the plan meets the requirements of this Act.

(b) INSPECTION; NOTICE- Prior to approving an animal waste management plan, the Administrator, acting through the Chief of the Natural Resources Conservation Service, shall conduct an on-site inspection of the concentrated animal feeding operation to determine whether the proposed animal waste management plan adequately takes into account the specific circumstances of the operation.

(c) COMPLIANCE- Approval of an animal waste management plan shall be conditioned on the concentrated animal feeding operation remaining in compliance with the plan and this Act.

(d) OPERATION OF EXISTING CONCENTRATED ANIMAL FEEDING OPERATIONS- Beginning on the date that is 18 months after the date of enactment of this Act, a concentrated animal feeding operation in existence on the date of enactment of this Act shall not operate unless the animal owner of the operation has obtained approval of an animal waste management plan for the operation from the Administrator.

(e) CONSTRUCTION OR EXPANSION OF CONCENTRATED ANIMAL FEEDING OPERATIONS- The construction or expansion of a concentrated animal feeding operation, or the expansion of a livestock or poultry feeding operation that would make the operation a concentrated animal feeding operation, is prohibited unless the animal owner of the operation has obtained approval of an animal waste management plan from the Administrator.

(f) DURATION-

(1) IN GENERAL- Approval of an animal waste management plan may be effective for any period not to exceed 5 years.

(2) DEADLINE FOR COMPLETION- Approval of an animal waste management plan for the construction or expansion of a concentrated animal feeding operation shall expire if the construction or expansion is not completed within 1 year after the date on which the approval is provided.

(3) RENEWAL-

(A) IN GENERAL- An application for renewal of approval of an animal waste management plan shall be submitted to the Administrator at least 180 days before the date on which the approval expires.

(B) TERMS AND CONDITIONS- Renewal of approval of an animal waste management plan shall be subject to the terms and conditions that apply to the approval of an animal waste management plan for a concentrated animal feeding operation at the time of renewal.

SEC. 6. ANIMAL WASTE MANAGEMENT PLANS.

(a) IN GENERAL- In consultation with the Secretary of Agriculture, the Administrator shall establish--

(1) the required elements of an animal waste management plan; and

(2) technical standards for each element.

(b) PURPOSE- The required elements of an animal waste management plan shall be designed to prevent discharge of animal waste into surface or ground water.

(c) MINIMUM REQUIRED ELEMENTS- In addition to any other requirements imposed under this Act, the required elements of an animal waste management plan for a concentrated animal feeding operation shall include--

(1) the names, addresses, and telephone numbers of the animal owner and operator;

(2) the location and number of acres of the concentrated animal feeding operation;

(3) the location of the properties adjoining the concentrated animal feeding operation and the names, addresses, and telephone numbers of the owners of the properties;

(4) if any animal waste will be applied on land other than land owned by the animal owner or operator, a copy of each written agreement executed between the animal owner and the owner of the land where the waste will be applied that relates to the waste;

(5) a map indicating the general layout of the concentrated animal feeding operation, including--

(A) the location of each building or other structure;

(B) the location of all portions of the containment system;

(C) the location and flow of any surface water; and

(D) the direction and degree of all grades within the property lines of the concentrated animal feeding operation;

(6) a certification by the animal owner that the animal owner will be responsible for and will ensure compliance with the animal waste management plan and the requirements of this Act;

(7) information necessary to determine the land area required for the application of animal waste from the concentrated animal feeding operation in accordance with the requirements of this Act and any crop or cover schedule specified in the plan;

(8) a schedule for periodic testing of soil nutrient levels;

(9) a schedule for periodic testing of animal waste nutrient levels;

(10) an estimate of the annual animal production and the annual quantity of each type of animal waste produced by the concentrated animal feeding operation;

(11) a description of the nutrient management methods, procedures, and practices to be used by the concentrated animal feeding operation to ensure that nutrients from all sources, including animal waste and commercial fertilizer, are applied in accordance with this Act;

(12) a description of the methods, structures, or practices to be used by the concentrated animal feeding operation to prevent or minimize--

(A) soil loss;

(B) surface water pollution;

(C) ground water pollution; and

(D) odors caused by animal waste during collection, storage, and application;

(13) technical specifications for the design and construction of containment systems to be used by the concentrated animal feeding operation;

(14) a description of methods, procedures, and practices to be used by the concentrated animal feeding operation for--

(A) operation, monitoring, maintenance, and inspection of animal waste storage facilities; and

(B) handling, transportation, application, and treatment of animal waste, including storage volume, schedules for emptying storage facilities, and application schedules, rates, and locations;

(15) a description of contingency measures to be used by the concentrated animal feeding operation to minimize environmental pollution resulting from any unexpected waste leak or discharge;

(16) a description of practices and procedures to be used by the concentrated animal feeding operation for the keeping of records detailing compliance with the animal waste management plan and this Act; and

(17) any additional requirements necessary to comply with applicable Federal, State, and local laws (including regulations).

SEC. 7. RECORDKEEPING.

(a) IN GENERAL- An animal owner shall maintain a current animal waste management plan and records that are sufficient to demonstrate compliance with the plan and this Act.

(b) DURATION- The animal owner shall retain the records for not less than 3 years.

SEC. 8. REGULATIONS.

The Administrator shall promulgate such regulations as are appropriate to carry out this Act.

SEC. 9. ENFORCEMENT; PENALTIES.

(a) CLOSURE OF CONCENTRATED ANIMAL FEEDING OPERATIONS- The Administrator shall take such actions as are necessary to compel the closure of a concentrated animal feeding operation if--

(1) an animal waste management plan for the operation is not submitted for approval, and approved, in accordance with this Act; or

(2) the approval of the plan for the operation has been revoked by the Administrator.

(b) MODIFICATION, SUSPENSION, OR REVOCATION OF PLANS-

(1) IN GENERAL- The Administrator may modify, suspend, or revoke, in whole or in part, the approval of an approved plan for cause.

(2) CAUSE- Cause for modification, suspension, or revocation of the approval may include--

(A) failure to comply with the approved plan;

(B) a change in any condition of the concentrated animal feeding operation that requires a change in the containment system to maintain compliance with this Act; and

(C) failure to submit to the Administrator, on request, any records and information required to be maintained under this Act.

(c) MANDATORY REVIEW OF MANAGEMENT PRACTICES- If a concentrated animal feeding operation is determined in an administrative action or proceeding of any Federal or State agency to have caused significant water pollution, the Administrator shall review the animal waste management practices of the concentrated animal feeding operation to determine if--

(1) the pollution resulted from failure to comply with an approved plan; and

(2) modifications to the approved plan are required to prevent further pollution.

(d) LIABILITY FOR VIOLATIONS- For the purpose of this section, an animal owner shall be considered to be liable for a violation of this Act by the owner or operator of a concentrated animal feeding operation in which the animals of the animal owner are located, or by any other agent of an animal owner, who is acting within the scope of the authority of the agent.

(e) TRANSFER OF RESPONSIBILITY OR LIABILITY FROM OWNERS TO OPERATORS- No provision of a contract or other agreement between an animal owner and an operator shall transfer responsibility or liability under this Act from the animal owner to the operator.

(f) CIVIL PENALTY-

(1) IN GENERAL- The Administrator may impose on a person that fails to comply with any provision of this Act (including a regulation promulgated under this Act and any provision of an applicable animal waste management plan or approved plan) such civil penalty as the Administrator considers to be appropriate--

(A) to remedy the violation; and

(B) to deter future violations.

(2) CONTINUING FAILURE TO COMPLY- The Administrator may impose a civil penalty under

SEC. 10. WAIVER.

(a) IN GENERAL- The Administrator may waive any or all of the requirements of this Act with respect to owners and operators that the Administrator determines are subject to similar State requirements that are equally stringent as or more stringent than the requirements of this Act.

(b) DETERMINATION- The Administrator shall make a determination under subsection (a) if the Administrator determines that a State--

(1) enforces a moratorium on the construction or expansion of concentrated animal feeding operations;

(2) participates in the national pollutant discharge elimination system program under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); and

(3) provides through State law (including a regulation) equal or greater protection against pollution from concentrated animal feeding operations.

SEC. 11. VOLUNTARY COMPLIANCE INCENTIVES UNDER ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

(a) ELIGIBLE PRACTICES- Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended--

(1) in subsection (a)(2)--

(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;

(B) by striking `With respect' and inserting the following:

`(A) IN GENERAL- Except as provided in subparagraph (B), with respect'; and

(b) by adding at the end the following:

`(B) INELIGIBLE PRACTICES- A producer shall not be eligible for cost-share payments for the construction or expansion of a concentrated animal feeding operation (as defined in section 3 of the Concentrated Livestock Existing Alongside Nature Act).';

(2) in subsection (b)(1), by striking `A contract' and inserting the following: `Except as provided in subsection (a)(2)(B), a contract'.

(c) HIGH PRIORITY FOR ASSISTANCE AND PAYMENTS- Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended by striking paragraphs (1) and (2) and inserting the following:

`(1) encourage the use by producers of

`(A) environmentally superior technologies; or

`(B) cost-effective conservation practices; or

`(2) are provided for the development and implementation of animal waste management plans that meet standards established under the Concentrated Livestock Existing Alongside Nature Act by livestock producers for whom animal waste management plans are not required under that Act.'.

(d) APPROVED PLAN- Section 1240E(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-5(a)) is amended--

(1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately;

(2) by striking `(a) IN GENERAL- To be' and inserting the following:

`(a) REQUIREMENTS-

`(1) IN GENERAL- To be'; and

(3) by adding at the end the following:

`(2) ANIMAL WASTE MANAGEMENT PLAN- An animal waste management plan that meets the requirements of the Concentrated Livestock Existing Alongside Nature Act, but that is prepared by a livestock operator that is too small to be considered a concentrated feeding operation (as defined in section 3 of that Act), shall be considered to be an approved plan of operations under the environmental quality incentives program.'.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2003 through 2007.