II 112th CONGRESS 1st Session S. 104 IN THE SENATE OF THE UNITED STATES January 25 (legislative day, January 5), 2011 Mr. Johanns (for himself, Mr. Schumer, Mr. Grassley, Mr. Crapo, Mr. Risch, Mr. Coburn, Mrs. Gillibrand, Mr. Moran, Ms. Klobuchar, and Mr. Franken) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to finalize a proposed rule to amend the spill prevention, control, and countermeasure rule to tailor and streamline the requirements for the dairy industry, and for other purposes.

1.

Requirement

(a)

In general

Not later than 30 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall finalize the proposed rule entitled Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements—Amendments (74 Fed. Reg. 2461 (January 15, 2009)) to exempt certain milk containers and associated piping and appurtenance from the Spill Prevention, Control, and Countermeasure program. (b)

Forbearance

Until the effective date of the rule finalized under subsection (a), the Administrator of the Environmental Protection Agency may not take regulatory action against dairy and dairy product producers, processors, handlers, and distributors under the oil pollution prevention regulation in part 112 of title 40, Code of Federal Regulations, related to the exemptions in the proposed rule described in subsection (a).