Amendment modifies the exemption levels of EPA's "Spill Prevention, Control, and Countermeasure" rules for small farmers and ranchers and requires producers to construct a containment facility around above-ground oil tanks.

1. Adds SEC. 12317. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE at the end of subtitle C of title XII

   Adds a section

   Inserted: SEC. 12317. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

   Inserted: (a) In General.--The Administrator, in implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, shall--

   Inserted: (1) require certification of compliance with such rule by--

   Inserted: (A) a professional engineer for a farm with--

   Inserted: (i) an individual tank with an aboveground storage capacity greater than 10,000 gallons;

   Inserted: (ii) an aggregate aboveground storage capacity greater than or equal to 42,000 gallons; or

   Inserted: (iii) a history that includes a spill, as determined by the Administrator; or

   Inserted: (B) the owner or operator of the farm (via self-certification) for a farm with--

   Inserted: (i) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and

   Inserted: (ii) no history of spills, as determined by the Administrator; and

   Inserted: (2) exempt from all requirements of such rule any farm--

   Inserted: (A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and

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   Inserted: (B) no history of spills, as determined by the Administrator.

   Inserted: (b) Calculation of Aggregate Aboveground Storage Capacity.--For the purposes of subsection (a), the aggregate aboveground storage capacity of a farm excludes--

   Inserted: (1) all containers on separate parcels that have a capacity that is less than 1,320 gallons; and

   Inserted: (2) all storage containers holding animal feed ingredients approved for use in livestock feed by the Food and Drug Administration.

   Inserted: (c) Definitions.--In this section, the following definitions apply:

   Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.

   Inserted: (2) Farm.--The term "farm" has the meaning given such term in section 112.2 of title 40, Code of Federal Regulations.

   Inserted: (3) Gallon.--The term "gallon" refers to a United States liquid gallon.

   Inserted: (4) History of spills.--The term "history of spills" has the meaning used to describe the term "reportable discharge history" in section 112.7(k)(1) of title 40, Code of Federal Regulations (or successor regulations).

   Inserted: (5) Spill prevention, control, and countermeasure rule.--The term "Spill Prevention, Control, and Countermeasure rule" means the regulation promulgated by the Environmental Protection Agency under part 112 of title 40, Code of Federal Regulations.

   Original wording

   At the end of subtitle C of title XII, add the following:

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As printed