S.Amdt. 4996

SA 4996. Mrs. FISCHER (for herself, Mrs. Ernst, Mr. Roberts, Mr.
Boozman, Mr. Risch, Mr. Sasse, and Mr. Crapo) submitted an amendment
intended to be proposed to amendment

[[Page S5479]]

SA 4979 proposed by Mr. Inhofe to the bill S. 2848, 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 of title VIII, add the following:

SEC. 8___. 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
a successor regulation).
(3) Gallon.--The term ``gallon'' means a United States
liquid gallon.
(4) History of a spill.--The term ``history of a spill''
has the meaning given the term ``reportable oil discharge
history'' in section 1049(a) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 1361 note; Public Law
113-121).
(5) Spill prevention, control, and countermeasure rule.--
The term ``spill prevention, control, and countermeasure
rule'' means the regulations promulgated by the Administrator
under part 112 of title 40, Code of Federal Regulations (as
in effect on the date of enactment of this Act).
(b) Applicability of Spill Prevention, Control, and
Countermeasure Rule.--
(1) In general.--In implementing the spill prevention,
control, and countermeasure rule with respect to any farm,
the Administrator shall--
(A) require a certification of compliance with the spill
prevention, control, and countermeasure rule by--
(i) a professional engineer for a farm with--

(I) an individual tank with an aboveground storage capacity
that is greater than 10,000 gallons;
(II) an aggregate aboveground storage capacity that is not
less than 42,000 gallons; or
(III) a history of a spill; or

(ii) the owner or operator of the farm (via self-
certification) for a farm with--

(I) an aggregate aboveground storage capacity that is--

(aa) greater than 10,000 gallons; and
(bb) less than 42,000 gallons; and

(II) no history of a spill; and

(B) exempt from all requirements of the spill prevention,
control, and countermeasure rule any farm with--
(i) an aggregate aboveground storage capacity that is not
greater than 10,000 gallons; and
(ii) no history of a spill.
(2) Calculation of aboveground storage capacity.--
(A) In general.--For purposes of paragraph (1), the
calculation of the aggregate aboveground storage capacity of
a farm shall not include any container on a separate parcel
with a capacity that is less than 1,320 gallons.
(B) Animal feed ingredients.--For purposes of paragraph
(1), the calculations of the aggregate aboveground storage
capacity of a farm and the aboveground storage capacity of an
individual tank on a farm shall not include any container
holding animal feed ingredients that are approved by the
Commissioner of Food and Drugs for use in livestock feed.
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