[Congressional Record Volume 162, Number 135 (Thursday, September 8, 2016)]
[Senate]
[Pages S5478-S5479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4996. Mrs. FISCHER (for herself, Mrs. Ernst, Mr. Roberts, Mr. 
Boozman, Mr. Risch, Mr. Sasse, and Mr. Crapo) submitted an amendment 
intended to be proposed to amendment

[[Page S5479]]

SA 4979 proposed by Mr. Inhofe to the bill S. 2848, to provide for the 
conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 8___. SPILL PREVENTION, CONTROL, AND COUNTERMEASURE 
                   RULE.

       (a) Definitions.--In this section:
       (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 
     a successor regulation).
       (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 (as 
     in effect on the date of enactment of this Act).
       (b) Applicability of Spill Prevention, Control, and 
     Countermeasure Rule.--
       (1) In general.--In implementing the spill prevention, 
     control, and countermeasure rule with respect to any farm, 
     the Administrator shall--
       (A) require a certification of compliance with the spill 
     prevention, control, and countermeasure rule by--
       (i) 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

       (ii) the owner or operator of the farm (via self-
     certification) for a farm with--

       (I) an aggregate aboveground storage capacity that is--

       (aa) greater than 10,000 gallons; and
       (bb) less than 42,000 gallons; and

       (II) no history of a spill; and

       (B) exempt from all requirements of the spill prevention, 
     control, and countermeasure rule any farm with--
       (i) an aggregate aboveground storage capacity that is not 
     greater than 10,000 gallons; and
       (ii) no history of a spill.
       (2) Calculation of aboveground storage capacity.--
       (A) In general.--For purposes of paragraph (1), 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.
       (B) Animal feed ingredients.--For purposes of paragraph 
     (1), 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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