S. 496 — Introduced in Senate

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. 1. Short title This Act may be cited as the Farmers Undertake Environmental Land Stewardship Act or the FUELS Act. 2. Applicability of Spill Prevention, Control, and Countermeasure rule (a) Definitions In this Act: (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 as 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 Environmental Protection Agency under part 112 of title 40, Code of Federal 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 all containers on separate parcels that have a capacity that is less than 1,320 gallons.