II
113th CONGRESS
1st Session
S. 496
IN THE SENATE OF THE UNITED STATES
March 7, 2013
Mr. Pryor (for himself, Mr. Inhofe, Mrs. Fischer, Mr. Boozman, Mr. Cochran, and Mr. Johanns) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To direct the Administrator of the Environmental Protection Agency to change the Spill Prevention, Control, and Countermeasure rule with respect to certain farms.
Short title
This Act may be cited as the
Farmers Undertake Environmental Land
Stewardship Act
or the FUELS Act
.
Applicability of Spill Prevention, Control, and Countermeasure rule
Definitions
In this Act:
Administrator
The term Administrator means the Administrator of the Environmental Protection Agency.
Farm
The term farm has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
Gallon
The term gallon means a United States liquid gallon.
Oil
The term oil has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
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).
Reportable oil discharge history
The term reportable oil discharge history has the meaning as used to describe reportable discharge history in section 112.7(k)(1) of title 40, Code of Federal Regulations (or successor regulations).
Spill Prevention, Control, and Countermeasure rule
The term Spill Prevention, Control, and Countermeasure rule means the regulation, including amendments, promulgated by the Environmental Protection Agency under part 112 of title 40, Code of Federal Regulations.
Certification
In implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, the Administrator shall—
require certification of compliance with the rule by—
a professional engineer for a farm with—
an individual tank with an aboveground storage capacity greater than 10,000 gallons;
an aggregate aboveground storage capacity greater than or equal to 42,000 gallons; or
a reportable oil discharge history; or
the owner or operator of the farm (via self-certification) for a farm with—
an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and
no reportable oil discharge history of oil; and
exempt from all requirements of the rule any farm—
with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and
no reportable oil discharge history.
Calculation of aggregate aboveground storage capacity
For purposes of subsection (b), the aggregate aboveground storage capacity of a farm excludes all containers on separate parcels that have a capacity that is less than 1,320 gallons.