II 112th CONGRESS 2d Session S. 3559 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.

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 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.