[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 496 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 496

 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

                             March 7, 2013

  Mr. Pryor (for himself, Mr. Inhofe, Mrs. Fischer, Mr. Boozman, Mr. 
Cochran, and Mr. Johanns) 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) Oil.--The term ``oil'' has the meaning given the term 
        in section 112.2 of title 40, Code of Federal Regulations (or 
        successor regulations).
            (5) Oil discharge.--The term ``oil discharge'' has the 
        meaning given the term ``discharge'' in section 112.2 of title 
        40, Code of Federal Regulations (or successor regulations).
            (6) Reportable oil discharge history.--The term 
        ``reportable oil discharge history'' has the meaning as used to 
        describe ``reportable discharge history'' in section 
        112.7(k)(1) of title 40, Code of Federal Regulations (or 
        successor regulations).
            (7) Spill prevention, control, and countermeasure rule.--
        The term ``Spill Prevention, Control, and Countermeasure rule'' 
        means the regulation, including amendments, 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 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 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>