What This Bill Does
This bill changes federal air pollution law to stop the government from issuing certain air permits for emissions from livestock farming. The bill specifically targets four types of emissions that come from biological processes in animal agriculture: carbon dioxide, nitrogen oxide, water vapor and methane.
Who It Affects
The bill directly affects livestock farmers and the government agencies that issue air permits under the Clean Air Act (a federal law controlling air pollution).
Key Provisions
• No permits can be issued under federal air permitting programs for carbon dioxide, nitrogen oxide, water vapor or methane emissions that result from biological processes in livestock production (Sec. 2).
What Changes
If this bill becomes law, the government would no longer be allowed to require or issue air permits specifically for emissions from livestock farming operations that come from biological processes. This removes one regulatory requirement from livestock producers.
Important Definitions
The bill does not provide explicit definitions of carbon dioxide, nitrogen oxide, water vapor, methane, biological processes or livestock production.
II
118TH CONGRESS
1ST SESSION
S. 997
To amend the Clean Air Act to prohibit the issuance of permits under
title V of that Act for certain emissions from agricultural production.
IN THE SENATE OF THE UNITED STATES
MARCH 28, 2023
Mr. THUNE (for himself, Ms. SINEMA, Mr. BOOZMAN, and Mr. KELLY) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on Environment and Public Works
A BILL
To amend the Clean Air Act to prohibit the issuance of
permits under title V of that Act for certain emissions
from agricultural production.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Livestock Regulatory
4
Protection Act of 2023’’.
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SEC. 2. PROHIBITION ON PERMITTING CERTAIN EMISSIONS
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FROM AGRICULTURAL PRODUCTION.
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Section 502(f) of the Clean Air Act (42 U.S.C.
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7661a(f)) is amended—
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•S 997 IS
(1) by redesignating paragraphs (1) through
1
(3) as clauses (i) through (iii), respectively, and in-
2
denting appropriately;
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(2) in the undesignated matter following clause
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(iii) (as so redesignated), by striking ‘‘Approval of’’
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and inserting the following:
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‘‘(B) NO
RELIEF
OF
OBLIGATION.—Ap-
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proval of’’;
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(3) by striking the subsection designation and
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heading and all that follows through ‘‘No partial’’ in
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the matter preceding clause (i) (as so redesignated)
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and inserting the following:
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‘‘(f) PROHIBITIONS.—
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‘‘(1) PARTIAL PERMIT PROGRAMS.—
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‘‘(A) IN GENERAL.—No partial’’; and
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(4) by adding at the end the following:
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‘‘(2) CERTAIN EMISSIONS FROM AGRICULTURAL
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PRODUCTION.—No permit shall be issued under a
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permit program under this title for any carbon diox-
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ide, nitrogen oxide, water vapor, or methane emis-
20
sions resulting from biological processes associated
21
with livestock production.’’.
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Æ
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