H.R. 3158 (112th): Farmers Undertake Environmental Land Stewardship Act

112th Congress, 2011–2013. Text as of Oct 12, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

1st Session

H. R. 3158

IN THE HOUSE OF REPRESENTATIVES

October 12, 2011

(for himself, Mr. Lucas, Mr. Ribble, Mr. Walsh of Illinois, Mr. Denham, Mr. Griffin of Arkansas, Mr. Womack, Mr. Smith of Nebraska, Mr. Terry, Mr. Thompson of Mississippi, Mr. Westmoreland, Mr. Johnson of Illinois, Mr. Latta, Mr. Cole, Mr. Cassidy, Mr. Fleischmann, Mr. Ross of Arkansas, Mr. Berg, Mr. Fincher, Mr. Carter, and Mrs. Emerson) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

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)

In general

The Administrator, in implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, shall—

(1)

require certification of compliance with such rule by—

(A)

a professional engineer for a farm with—

(i)

an individual tank with a storage capacity greater than 10,000 gallons;

(ii)

an aggregate storage capacity greater than or equal to 42,000 gallons; or

(iii)

a history that includes a spill; or

(B)

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

(i)

an aggregate storage capacity greater than 10,000 gallons but less than 42,000 gallons; and

(ii)

no history of spills; and

(2)

exempt from all requirements of such rule any farm—

(A)

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

(B)

no history of spills.

(b)

Calculation of aggregate storage capacity

For the purposes of subsection (a), the aggregate storage capacity of a farm excludes all containers on separate parcels that have a capacity that is less than 1,320 gallons.

3.

Definitions

In this Act, the following terms apply:

(1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

Farm

The term farm has the meaning given such term in section 112.2 of title 40, Code of Federal Regulations.

(3)

Gallon

The term gallon refers to a United States liquid gallon.

(4)

Spill Prevention, Control, and Countermeasure rule

The term Spill Prevention, Control, and Countermeasure rule means the regulation promulgated by the Environmental Protection Agency under part 112 of title 40, Code of Federal Regulations.