[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3559 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3559

 To direct the Administrator of the Environmental Protection Agency to 
  change the Spill Prevention, Control, and Countermeasure rule with 
                       respect to certain farms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2012

 Mr. Pryor (for himself, Mr. Tester, Mr. Conrad, Ms. Landrieu, and Mr. 
    Inhofe) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farmers Undertake Environmental Land 
Stewardship Act'' or the ``FUELS Act''.

SEC. 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) 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.
    (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 history that includes a spill, as 
                        determined by the Administrator; 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 history of spills, as determined by 
                        the Administrator; 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 history of spills, as determined by the 
                Administrator.
    (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.
                                 <all>