< Back to S. 496 (113th Congress, 2013–2015)

Text of the Farmers Undertake Environmental Land Stewardship Act

This bill was introduced on March 7, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 7, 2013 (Introduced).

II

113th CONGRESS

1st Session

S. 496

IN THE SENATE OF THE UNITED STATES

March 7, 2013

(for himself,Mr. Inhofe,Mrs. Fischer,Mr. Boozman,Mr. Cochran, andMr. Johanns) introduced the following bill; which was read twice and referred to theCommittee 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 termAdministratormeans the Administrator of the Environmental Protection Agency.

(2)

Farm

The termfarmhas the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).

(3)

Gallon

The termgallonmeans a United States liquid gallon.

(4)

Oil

The termoilhas the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).

(5)

Oil discharge

The termoil dischargehas the meaning given the termdischargeinsection 112.2of title 40, Code of Federal Regulations (or successor regulations).

(6)

Reportable oil discharge history

The termreportable oil discharge historyhas the meaning as used to describereportable discharge historyinsection 112.7(k)(1)of title 40, Code of Federal Regulations (or successor regulations).

(7)

Spill Prevention, Control, and Countermeasure rule

The termSpill Prevention, Control, and Countermeasure rulemeans the regulation, including amendments, promulgated by theEnvironmental Protection Agencyunder 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, theAdministratorshall—

(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 ofsubsection (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.