S.Amdt. 801Senate113th Congress (2013-2015)

To direct the Administrator of the Environmental Protection Agency to change the Spill Prevention, Control, and Countermeasure rule with respect to certain farms.

What it does: Adds TITLE XII--MISCELLANEOUS at the end of the bill
Submitted May 7, 2013

What it changes

1 change to S. 601 · shown in the bill's text

Adds a section
  1. Adds TITLE XII--MISCELLANEOUS at the end of the bill

    Adds a title

    In S. 601 · Reported to Senate

    (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2018.

    Inserted: TITLE XII--MISCELLANEOUS

    Inserted: SEC. 12001. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

    Inserted: (a) Definitions.--In this title:

    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 "reportable discharge history" in section 112.7(k)(1) of title 40, Code of Federal Regulations (or successor regulations).

    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--

    Show 13 more inserted paragraphs

    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 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 greater than 10,000 gallons but less than 42,000 gallons; and

    Inserted: (ii) no reportable oil discharge history of oil; and

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

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

    Inserted: (B) no reportable oil discharge history.

    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.

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 801. Mr. PRYOR (for himself, Mr. Inhofe, Mrs. Fischer, Ms. Landrieu, Mr. Johanns, and Mr. King) submitted an amendment intended to be proposed by him to the bill S. 601, to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE XII--MISCELLANEOUS

SEC. 12001. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE.

(a) Definitions.--In this title:

(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 “reportable discharge history” in section 112.7(k)(1) of title 40, Code of Federal Regulations (or successor regulations).

(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 or equal to 42,000 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 greater than 10,000 gallons but less than 42,000 gallons; and

(ii) no reportable oil discharge history of oil; and

(2) exempt from all requirements of the rule any farm--

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

(B) no reportable oil discharge history.

(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.

Legislative Activity

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Senate amendment agreed to: Amendment SA 801 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S3247)

May 8, 2013

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Senate amendment agreed to: Amendment SA 801 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S3247)

May 8, 2013

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Senate amendment proposed (on the floor): Amendment SA 801 proposed by Senator Boxer for Senator Pryor.(consideration CR S3247)

May 8, 2013

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Amendment SA 801 proposed by Senator Boxer for Senator Pryor. (consideration CR S3247) To direct the Administrator of the Environmental Protection Agency to change the Spill Prevention, Control, and Countermeasure rule with respect to certain farms.

May 8, 2013

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Amendment SA 801 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S3247)

May 8, 2013

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Senate amendment submitted

May 7, 2013