II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Farmers Undertake 

5 Environmental Land Stewardship Act’’ or the ‘‘FUELS 

6 Act’’. 


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•S 496 IS

1 SEC. 2. APPLICABILITY OF SPILL PREVENTION, CONTROL, 

2 AND COUNTERMEASURE RULE. 

3 (a) DEFINITIONS.—In this Act: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency. 

7 (2) FARM.—The term ‘‘farm’’ has the meaning 

8 given the term in section 112.2 of title 40, Code of 

9 Federal Regulations (or successor regulations). 

10 (3) GALLON.—The term ‘‘gallon’’ means a 

11 United States liquid gallon. 

12 (4) OIL.—The term ‘‘oil’’ has the meaning 

13 given the term in section 112.2 of title 40, Code of 

14 Federal Regulations (or successor regulations). 

15 (5) OIL DISCHARGE.—The term ‘‘oil discharge’’ 

16 has the meaning given the term ‘‘discharge’’ in sec17 tion 112.2 of title 40, Code of Federal Regulations 

18 (or successor regulations). 

19 (6) REPORTABLE OIL DISCHARGE HISTORY.— 

20 The term ‘‘reportable oil discharge history’’ has the 

21 meaning as used to describe ‘‘reportable discharge 

22 history’’ in section 112.7(k)(1) of title 40, Code of 

23 Federal Regulations (or successor regulations). 

24 (7) SPILL PREVENTION, CONTROL, AND COUN25 TERMEASURE RULE.—The term ‘‘Spill Prevention, 

26 Control, and Countermeasure rule’’ means the reguVerDate Mar 15 2010 22:33 Mar 08, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S496.IS S496

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1 lation, including amendments, promulgated by the 

2 Environmental Protection Agency under part 112 of 

3 title 40, Code of Federal Regulations. 

4 (b) CERTIFICATION.—In implementing the Spill Pre5 vention, Control, and Countermeasure rule with respect to 

6 any farm, the Administrator shall— 

7 (1) require certification of compliance with the 

8 rule by— 

9 (A) a professional engineer for a farm 

10 with— 

11 (i) an individual tank with an above12 ground storage capacity greater than 

13 10,000 gallons; 

14 (ii) an aggregate aboveground storage 

15 capacity greater than or equal to 42,000 

16 gallons; or 

17 (iii) a reportable oil discharge history; 

18 or 

19 (B) the owner or operator of the farm (via 

20 self-certification) for a farm with— 

21 (i) an aggregate aboveground storage 

22 capacity greater than 10,000 gallons but 

23 less than 42,000 gallons; and 

24 (ii) no reportable oil discharge history 

25 of oil; and 


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•S 496 IS

1 (2) exempt from all requirements of the rule 

2 any farm— 

3 (A) with an aggregate aboveground storage 

4 capacity of less than or equal to 10,000 gallons; 

5 and 

6 (B) no reportable oil discharge history. 

7 (c) CALCULATION OF AGGREGATE ABOVEGROUND

8 STORAGE CAPACITY.—For purposes of subsection (b), the 

9 aggregate aboveground storage capacity of a farm ex10 cludes all containers on separate parcels that have a ca11 pacity that is less than 1,320 gallons. 

Æ 


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