[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2993 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2993

 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

                              May 26, 2016

  Mrs. Fischer (for herself, Mr. Inhofe, Mr. Vitter, Mr. Boozman, Mr. 
    Cochran, Mr. Isakson, Mr. Roberts, Mrs. Ernst, and Mr. Cornyn) 
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. 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.
            (3) Gallon.--The term ``gallon'' means a United States 
        liquid gallon.
            (4) History of a spill.--The term ``history of a spill'' 
        has the meaning given the term ``reportable oil discharge 
        history'' in section 1049(a) of the Water Resources Reform and 
        Development Act of 2014 (33 U.S.C. 1361 note; Public Law 113-
        121).
            (5) Spill prevention, control, and countermeasure rule.--
        The term ``spill prevention, control, and countermeasure rule'' 
        means the regulations promulgated by the Administrator under 
        part 112 of title 40, Code of Federal Regulations.

SEC. 3. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE 
              RULE.

    (a) In General.--In implementing the spill prevention, control, and 
countermeasure rule with respect to any farm, the Administrator shall--
            (1) require a certification of compliance with the spill 
        prevention, control, and countermeasure rule by--
                    (A) a professional engineer for a farm with--
                            (i) an individual tank with an aboveground 
                        storage capacity that is greater than 10,000 
                        gallons;
                            (ii) an aggregate aboveground storage 
                        capacity that is not less than 42,000 gallons; 
                        or
                            (iii) a history of a spill; or
                    (B) the owner or operator of the farm (via self-
                certification) for a farm with--
                            (i) an aggregate aboveground storage 
                        capacity that is--
                                    (I) greater than 10,000 gallons; 
                                and
                                    (II) less than 42,000 gallons; and
                            (ii) no history of a spill; and
            (2) exempt from all requirements of the spill prevention, 
        control, and countermeasure rule any farm with--
                    (A) an aggregate aboveground storage capacity that 
                is not greater than 10,000 gallons; and
                    (B) no history of a spill.
    (b) Calculation of Aboveground Storage Capacity.--
            (1) In general.--For purposes of subsection (a), the 
        calculation of the aggregate aboveground storage capacity of a 
        farm shall not include any container on a separate parcel with 
        a capacity that is less than 1,320 gallons.
            (2) Animal feed ingredients.--For purposes of subsection 
        (a), the calculations of the aggregate aboveground storage 
        capacity of a farm and the aboveground storage capacity of an 
        individual tank on a farm shall not include any container 
        holding animal feed ingredients that are approved by the 
        Commissioner of Food and Drugs for use in livestock feed.
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