S.Amdt. 1096
What it does: Adds SEC. 122__. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE on page 1150, line 15
Sen. James M. Inhofe (R-OK)What it changes
1 change to S. 954
Adds SEC. 122__. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE on page 1150, line 15
Adds a sectionPrinted pageInserted: SEC. 122__. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.
Inserted: (2) Farm.--The term "farm" has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
Inserted: (3) Gallon.--The term "gallon" means a United States liquid gallon.
Inserted: (4) Oil.--The term "oil" has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
Inserted: (5) Oil discharge.--The term "oil discharge" has the meaning given the term "discharge" in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
Inserted: (6) Reportable oil discharge history.--The term "reportable oil discharge history" has the meaning used to describe the legal requirement to report a discharge of oil under applicable law.
Inserted: (7) Spill prevention, control, and countermeasure rule.--The term "Spill Prevention, Control, and Countermeasure rule" means the regulation, including amendments, promulgated by the Administrator under part 112 of title 40, Code of Federal Regulations (or successor regulations).
Inserted: (b) Certification.--In implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, the Administrator shall--
Inserted: (1) require certification of compliance with the rule by--
Inserted: (A) a professional engineer for a farm with--
Show 18 more inserted paragraphsShow less
Inserted: (i) an individual tank with an aboveground storage capacity greater than 10,000 gallons;
Inserted: (ii) an aggregate aboveground storage capacity greater than 20,000 gallons; or
Inserted: (iii) a reportable oil discharge history; or
Inserted: (B) the owner or operator of the farm (via self-certification) for a farm with--
Inserted: (i) an aggregate aboveground storage capacity not more than 20,000 gallons and not less than the lesser of--
Inserted: (I) 6,001 gallons; or
Inserted: (II) the adjustment described in subsection (d)(2); and
Inserted: (ii) no reportable oil discharge history of oil; and
Inserted: (2) not require a certification of a statement of compliance with the rule--
Inserted: (A) subject to subsection (d), with an aggregate aboveground storage capacity of not less than 2,500 gallons and not more than 6,000 gallons; and
Inserted: (B) no reportable oil discharge history; and
Inserted: (3) not require a certification of a statement of compliance with the rule for an aggregate aboveground storage capacity of not more than 2,500 gallons.
Inserted: (c) Calculation of Aggregate Aboveground Storage Capacity.--For purposes of subsection (b), the aggregate aboveground storage capacity of a farm excludes--
Inserted: (1) all containers on separate parcels that have a capacity that is 1,000 gallons or less; and
Inserted: (2) all containers holding animal feed ingredients approved for use in livestock feed by the Commissioner of Food and Drugs.
Inserted: (d) Study.--
Inserted: (1) In general.--Not later than 12 months of the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture, shall conduct a study to determine the appropriate exemption under subsection (b)(2)(A) and (b)(1)(B) to not more than 6,000 gallons and not less than 2,500 gallons, based on a significant rise of discharge to water.
Inserted: (2) Adjustment.--Not later than 18 months after the date on which the study described in paragraph (1) is complete, the Administrator, in consultation with the Secretary of Agriculture, shall promulgate a rule to adjust the exemption levels described in subsection (b)(2)(A) and (b)(1)(B) in accordance with the study.
Original wording
On page 1150, after line 15, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1096. Mr. INHOFE (for himself, Mr. Pryor, and Mrs. Fischer) submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:
On page 1150, after line 15, add the following:
SEC. 122__. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.
(a) Definitions.--In this section:
(1) Administrator.--The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) Farm.--The term “farm” has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
(3) Gallon.--The term “gallon” means a United States liquid gallon.
(4) Oil.--The term “oil” has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
(5) Oil discharge.--The term “oil discharge” has the meaning given the term “discharge” in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
(6) Reportable oil discharge history.--The term “reportable oil discharge history” has the meaning used to describe the legal requirement to report a discharge of oil under applicable law.
(7) Spill prevention, control, and countermeasure rule.--The term “Spill Prevention, Control, and Countermeasure rule” means the regulation, including amendments, promulgated by the Administrator under part 112 of title 40, Code of Federal Regulations (or successor regulations).
(b) Certification.--In implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, the Administrator shall--
(1) require certification of compliance with the rule by--
(A) a professional engineer for a farm with--
(i) an individual tank with an aboveground storage capacity greater than 10,000 gallons;
(ii) an aggregate aboveground storage capacity greater than 20,000 gallons; or
(iii) a reportable oil discharge history; or
(B) the owner or operator of the farm (via self-certification) for a farm with--
(i) an aggregate aboveground storage capacity not more than 20,000 gallons and not less than the lesser of--
(I) 6,001 gallons; or
(II) the adjustment described in subsection (d)(2); and
(ii) no reportable oil discharge history of oil; and
(2) not require a certification of a statement of compliance with the rule--
(A) subject to subsection (d), with an aggregate aboveground storage capacity of not less than 2,500 gallons and not more than 6,000 gallons; and
(B) no reportable oil discharge history; and
(3) not require a certification of a statement of compliance with the rule for an aggregate aboveground storage capacity of not more than 2,500 gallons.
(c) Calculation of Aggregate Aboveground Storage Capacity.--For purposes of subsection (b), the aggregate aboveground storage capacity of a farm excludes--
(1) all containers on separate parcels that have a capacity that is 1,000 gallons or less; and
(2) all containers holding animal feed ingredients approved for use in livestock feed by the Commissioner of Food and Drugs.
(d) Study.--
(1) In general.--Not later than 12 months of the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture, shall conduct a study to determine the appropriate exemption under subsection (b)(2)(A) and (b)(1)(B) to not more than 6,000 gallons and not less than 2,500 gallons, based on a significant rise of discharge to water.
(2) Adjustment.--Not later than 18 months after the date on which the study described in paragraph (1) is complete, the Administrator, in consultation with the Secretary of Agriculture, shall promulgate a rule to adjust the exemption levels described in subsection (b)(2)(A) and (b)(1)(B) in accordance with the study.
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Senate amendment submitted
May 22, 2013