Sec. 3. Unduly burdensome regulations exemption

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

If the chief executive of a State determines, in accordance with this section, that a requirement of a covered Federal environmental law, or a regulation thereunder, is unduly burdensome to persons in the State acting in their capacity as farmers, such requirement or regulation shall not apply to persons in the State acting in that capacity. Before finalizing any determination under subsection (a), the chief executive of a State shall solicit and accept public comments regarding such determination for a period of not less than 90 days.

In this Act: The term covered Federal environmental law means— the Clean Air Act ( 42 U.S.C. 7401 et seq. ), insofar as such Act applies to emissions of air pollutants other than emissions resulting from the combustion of any fossil fuel; and the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). The term farmer means— a producer, as that term is defined in— section 1001 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8702 ); section 1506(a) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773(a) ); and section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a ); and a producer of a specialty crop, as that term is defined in section 3 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note;

Public Law 108–465 ). The term State means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

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