< Back to H.R. 3323 (112th Congress, 2011–2013)

Text of the Freeing Agriculture to Reap More Act

This bill was introduced on November 2, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 2, 2011 (Introduced).

Source: GPO

I

112th CONGRESS

1st Session

H. R. 3323

IN THE HOUSE OF REPRESENTATIVES

November 2, 2011

introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To reduce the regulatory burden on the agricultural sector of the national economy.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Freeing Agriculture to Reap More Act.

(b)

Table of contents

Sec. 1. Short title; table of contents.

Sec. 101. No regulation of emissions of greenhouse gases under the Clean Air Act.

Sec. 102. Exemptions from requirements for certain farm vehicles.

Sec. 103. Prohibition of revision to coarse particulate matter air quality standards.

Sec. 104. Rule of construction of OSHA safety standard relating to the use of sweep augers.

Sec. 105. Hazardous material endorsement exemption.

Sec. 106. Definition of waters of the United States.

Sec. 107. Prohibition of imposition of fee or tax on gaseous emissions by livestock.

Sec. 108. Pesticide regulations.

Sec. 109. Gross income exception for dealers under the Animal Welfare Act.

Sec. 110. Prohibition on provision of Department of Agriculture funds and administrative support for White House Rural Council.

Sec. 111. Prohibition against inclusion of indirect emissions from land use changes.

Sec. 112. Delay of effective date of derivatives regulations pending cumulative analysis.

Sec. 113. Transportation of agricultural commodities and farm supplies.

Sec. 114. Restriction on rulemaking related to child agricultural labor.

101.

No regulation of emissions of greenhouse gases under the Clean Air Act

Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended by adding at the end the following:

330.

No regulation of emissions of greenhouse gases

(a)

Definition

In this section, the term greenhouse gas means any of the following:

(1)

Water vapor.

(2)

Carbon dioxide.

(3)

Methane.

(4)

Nitrous oxide.

(5)

Sulfur hexafluoride.

(6)

Hydrofluorocarbons.

(7)

Perfluorocarbons.

(8)

Any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change.

(b)

Limitation on agency action

(1)

Limitation

(A)

In general

The Administrator may not, under this Act, promulgate any regulation concerning, take action relating to, or take into consideration the emission of a greenhouse gas to address climate change.

(B)

Air pollutant definition

The definition of the term air pollutant in section 302(g) does not include a greenhouse gas. Notwithstanding the previous sentence, such definition may include a greenhouse gas for purposes of addressing concerns other than climate change.

(2)

Exceptions

Paragraph (1) does not prohibit the following:

(A)

Notwithstanding paragraph (4)(B), implementation and enforcement of the rule entitled Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards (as published at 75 Fed. Reg. 25324 (May 7, 2010) and without further revision) and finalization, implementation, enforcement, and revision of the proposed rule entitled Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles published at 75 Fed. Reg. 74152 (November 30, 2010).

(B)

Implementation and enforcement of section 211(o).

(C)

Statutorily authorized Federal research, development, demonstration programs and voluntary programs addressing climate change.

(D)

Implementation and enforcement of title VI to the extent such implementation or enforcement only involves one or more class I substances or class II substances (as such terms are defined in section 601).

(E)

Implementation and enforcement of section 821 (42 U.S.C. 7651k note) of Public Law 101–549 (commonly referred to as the Clean Air Act Amendments of 1990).

(3)

Inapplicability of provisions

Nothing listed in paragraph (2) shall cause a greenhouse gas to be subject to part C of title I (relating to prevention of significant deterioration of air quality) or considered an air pollutant for purposes of title V (relating to permits).

(4)

Certain prior agency actions

The following rules and actions (including any supplement or revision to such rules and actions) are repealed and shall have no legal effect:

(A)

Mandatory Reporting of Greenhouse Gases, published at 74 Fed. Reg. 56260 (October 30, 2009).

(B)

Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, published at 74 Fed. Reg. 66496 (December 15, 2009).

(C)

Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs, published at 75 Fed. Reg. 17004 (April 2, 2010) and the memorandum from Stephen L. Johnson, Environmental Protection Agency (EPA) Administrator, to EPA Regional Administrators, concerning EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program (December 18, 2008).

(D)

Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule, published at 75 Fed. Reg. 31514 (June 3, 2010).

(E)

Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call, published at 75 Fed. Reg. 77698 (December 13, 2010).

(F)

Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure To Submit State Implementation Plan Revisions Required for Greenhouse Gases, published at 75 Fed. Reg. 81874 (December 29, 2010).

(G)

Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan, published at 75 Fed. Reg. 82246 (December 30, 2010).

(H)

Action To Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule, published at 75 Fed. Reg. 82254 (December 30, 2010).

(I)

Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program, published at 75 Fed. Reg. 82430 (December 30, 2010).

(J)

Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans, published at 75 Fed. Reg. 82536 (December 30, 2010).

(K)

Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule, published at 75 Fed. Reg. 82365 (December 30, 2010).

(L)

Except for actions listed in paragraph (2), any other Federal action under this Act occurring before the date of enactment of this section that applies a stationary source permitting requirement or an emissions standard for a greenhouse gas to address climate change.

(5)

State action

(A)

No limitation

This section does not limit or otherwise affect the authority of a State to adopt, amend, enforce, or repeal State laws and regulations pertaining to the emission of a greenhouse gas.

(B)

Exception

(i)

Rule

Notwithstanding subparagraph (A), any provision described in clause (ii)—

(I)

is not federally enforceable;

(II)

is not deemed to be a part of Federal law; and

(III)

is deemed to be stricken from the plan described in clause (ii)(I) or the program or permit described in clause (ii)(II), as applicable.

(ii)

Provision defined

For purposes of clause (i), the term provision means any provision that—

(I)

is contained in a State implementation plan under section 110 and authorizes or requires a limitation on, or imposes a permit requirement for, the emission of a greenhouse gas to address climate change; or

(II)

is part of an operating permit program under title V, or a permit issued pursuant to title V, and authorizes or requires a limitation on the emission of a greenhouse gas to address climate change.

(C)

Action by administrator

The Administrator may not approve or make federally enforceable any provision described in subparagraph (B)(ii).

.

102.

Exemptions from requirements for certain farm vehicles

(a)

Federal requirements

A covered farm vehicle, including the individual operating that vehicle, shall be exempt from the following:

(1)

Any requirement relating to commercial driver’s licenses established under chapter 313 of title 49, United States Code.

(2)

Any requirement relating to drug testing established under chapter 313 of title 49, United States Code.

(3)

Any requirement relating to medical certificates established under chapter 313 of title 49, United States Code.

(4)

Any requirement relating to hours of service established under—

(A)

subchapter III of chapter 311 of title 49, United States Code; or

(B)

chapter 315 of title 49, United States Code.

(b)

State requirements

(1)

In general

Federal transportation funding to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from any State requirement relating to the operation of that vehicle.

(2)

Exception

Paragraph (1) does not apply with respect to a covered farm vehicle transporting hazardous materials that require a placard.

(c)

Covered farm vehicle defined

(1)

In general

In this section, the term covered farm vehicle means a motor vehicle that—

(A)

is traveling—

(i)

in the State in which the vehicle is registered; or

(ii)

in a State other than the State in which the vehicle is registered;

(B)

is operated by—

(i)

a farm owner;

(ii)

a ranch owner;

(iii)

a farm operator;

(iv)

a ranch operator; or

(v)

an employee or family member of an individual specified in clauses (i) through (iv);

(C)

is transporting—

(i)

agricultural commodities;

(ii)

livestock; or

(iii)

machinery or supplies to or from a farm or ranch;

(D)

except as provided in paragraph (2), is not used in the operations of a for-hire motor carrier; and

(E)

is equipped with a special license plate or other designation by the State in which the vehicle is registered to allow for identification of the vehicle as a farm vehicle by law enforcement personnel.

(2)

Inclusion

In this section, the term covered farm vehicle includes a motor vehicle—

(A)

operated pursuant to a crop share farm lease agreement;

(B)

owned by a tenant with respect to that agreement; and

(C)

transporting the landlord’s portion of the crops under that agreement.

103.

Prohibition of revision to coarse particulate matter air quality standards

(a)

Prohibition

The Administrator of the Environmental Protection Agency may not propose, finalize, implement, or enforce any regulation described in subsection (c) if the Administrator determines pursuant to subsection (b) that such regulation will incur compliance costs in the United States of more than $100,000,000 annually.

(b)

Determination

In developing any regulation described in subsection (c), the Administrator shall determine the annual compliance costs of such regulation in the United States.

(c)

Regulation described

A regulation described in this subsection is a regulation that—

(1)

revises the national primary ambient air quality standard or the national secondary ambient air quality standard applicable to coarse particulate matter (generally referred to as PM10) under section 109 of the Clean Air Act (42 U.S.C. 7409); and

(2)

is proposed or finalized on or after the date of enactment of this Act.

104.

Rule of construction of OSHA safety standard relating to the use of sweep augers

Neither section 1910.272(g)(1)(ii) of title 29, Code of Federal Regulations, nor any other occupational safety and health standard shall be construed by the Occupational Safety and Health Commission as prohibiting an employee from working inside a grain bin while a sweep auger is in operation.

105.

Hazardous material endorsement exemption

(a)

Exclusion

Section 5117(d)(1) of title 49, United States Code, is amended—

(1)

in subparagraph (B), by striking and at the end;

(2)

in subparagraph (C), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(D)

a service vehicle carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or less that is—

(i)

driven by a class A commercial driver’s license holder who is a custom harvester, an agricultural retailer, an agricultural business employee, an agricultural cooperative employee, or an agricultural producer; and

(ii)

clearly marked with a placard reading Diesel Fuel.

.

(b)

Exemption

Section 31315(b) of title 49, United States Code, is amended by adding at the end the following:

(8)

Hazardous materials endorsement exemption

The Secretary shall exempt all class A commercial driver’s license holders who are custom harvesters, agricultural retailers, agricultural business employees, agricultural cooperative employees, or agricultural producers from the requirement to obtain a hazardous material endorsement under part 383 of title 49, Code of Federal Regulations, while operating a service vehicle carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or less if the tank containing such fuel is clearly marked with a placard reading Diesel Fuel.

.

106.

Definition of waters of the United States

The Administrator of the Environmental Protection Agency and the Secretary of the Army may not alter the meaning of the terms navigable waters and waters of the United States in relation to regulations promulgated pursuant to the Federal Water Pollution Control Act as such terms are understood on the date of the enactment of this Act.

107.

Prohibition of imposition of fee or tax on gaseous emissions by livestock

Notwithstanding any other provision of law, in carrying out any Act or program to reduce the effects of greenhouse gas emissions on climate change, no Federal agency or official shall impose a fee or tax on gaseous emissions emitted directly by livestock.

108.

Pesticide regulations

(a)

Use of authorized pesticides

Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:

(5)

Use of authorized pesticides

Except as provided in section 402(s) of the Federal Water Pollution Control Act, the Administrator or a State may not require a permit under such Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or the residue of such a pesticide, resulting from the application of such pesticide.

.

(b)

Discharges of pesticides

Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

(s)

Discharges of pesticides

(1)

No permit requirement

Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of such pesticide.

(2)

Exceptions

Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue:

(A)

A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting water quality, if—

(i)

the discharge would not have occurred but for the violation; or

(ii)

the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.

(B)

Stormwater discharges subject to regulation under subsection (p).

(C)

The following discharges subject to regulation under this section:

(i)

Manufacturing or industrial effluent.

(ii)

Treatment works effluent.

(iii)

Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.

.

109.

Gross income exception for dealers under the Animal Welfare Act

Section 2(f)(ii) of the Animal Welfare Act (7 U.S.C. 2132(f)) is amended—

(1)

by striking $500 and inserting $5,000; and

(2)

by adding after year the following: , except that the Secretary shall annually increase the dollar amount in this clause to reflect changes for the 12-month period ending on the most recent date for which data are available in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.

110.

Prohibition on provision of Department of Agriculture funds and administrative support for White House Rural Council

The Secretary of Agriculture may not use funds appropriated or otherwise made available to the Department of Agriculture to provide funds or administrative support for the White House Rural Council established pursuant to Executive Order No. 86 of June 9, 2011.

111.

Prohibition against inclusion of indirect emissions from land use changes

(a)

General exclusion of indirect emissions land use change

For purposes of establishing or determining compliance with any requirement or limitation under the Clean Air Act (42 U.S.C. 7401 et seq.), including the renewable fuel program under section 211(o) of such Act, the Administrator of the Environmental Protection Agency shall not take into consideration indirect emissions from land use changes.

(b)

Exclusion of indirect emissions from land use changes in calculation of lifecycle greenhouse gas emissions

Section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)) is amended by striking (including direct emissions and significant indirect emissions such as significant emissions from land use changes) and inserting (excluding indirect emissions from land use changes).

112.

Delay of effective date of derivatives regulations pending cumulative analysis

Notwithstanding the effective date in section 774 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 77b note), the Commodity Futures Trading Commission shall, prior to implementing final regulations prescribed pursuant to title VII of such Act, conduct a comprehensive analysis of the economic impact of such regulations, including a determination of the cumulative costs and benefits of such regulations, and shall transmit to Congress a report containing its conclusions.

113.

Transportation of agricultural commodities and farm supplies

Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note) is amended to read as follows:

(1)

Transportation of agricultural commodities and farm supplies

Regulations prescribed by the Secretary under sections 31136 and 31502 of title 49, United States Code, regarding maximum driving and on-duty time for drivers used by motor carriers shall not apply during planting and harvest periods, as determined by each State, to drivers—

(A)

transporting agricultural commodities in the State from the source of the agricultural commodities to a location within a 150 air mile radius from the source;

(B)

transporting farm supplies for agricultural purposes in the State from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air mile radius from the distribution point; or

(C)

transporting farm supplies for agricultural purposes in the State from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air mile radius from the wholesale distribution point.

.

114.

Restriction on rulemaking related to child agricultural labor

The Secretary of Labor shall not initiate the rulemaking proposed and published in the Federal Register on September 2, 2011 (76 Fed. Reg 171) nor promulgate any regulations or revisions described in such proposed rulemaking related to permissible employment of minors in agricultural and nonagricultural occupations.