S. 2993 — Introduced in Senate

II 114th CONGRESS 2d Session S. 2993 IN THE SENATE OF THE UNITED STATES May 26, 2016Mrs. Fischer (for herself, Mr. Inhofe, Mr. Vitter, Mr. Boozman, Mr. Cochran, Mr. Isakson, Mr. Roberts, Mrs. Ernst, and Mr. Cornyn) 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. 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. (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. 3. Applicability of spill prevention, control, and countermeasure rule (a) In general In implementing the spill prevention, control, and countermeasure rule with respect to any farm, the Administrator shall— (1) require a certification of compliance with the spill prevention, control, and countermeasure rule by— (A) 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 (B) the owner or operator of the farm (via self-certification) for a farm with— (i) an aggregate aboveground storage capacity that is— (I) greater than 10,000 gallons; and (II) less than 42,000 gallons; and (ii) no history of a spill; and (2) exempt from all requirements of the spill prevention, control, and countermeasure rule any farm with— (A) an aggregate aboveground storage capacity that is not greater than 10,000 gallons; and (B) no history of a spill. (b) Calculation of aboveground storage capacity (1) In general For purposes of subsection (a), 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. (2) Animal feed ingredients For purposes of subsection (a), 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.