I 

113TH CONGRESS 

1ST SESSION H. R. 311 

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 HOUSE OF REPRESENTATIVES 

JANUARY 18, 2013 

Mr. CRAWFORD (for himself, Mr. DUNCAN of South Carolina, Mr. JONES, Mr. 

RIBBLE, Mr. LUCAS, Mr. STOCKMAN, Mr. TERRY, Mr. AUSTIN SCOTT of 

Georgia, Mr. FRANKS of Arizona, Mr. MCINTYRE, Mr. KING of Iowa, Mr. 

FINCHER, Mr. HULTGREN, Mr. LATTA, Mr. SMITH of Nebraska, Mr. 

DENHAM, Mr. WESTMORELAND, Mr. WOMACK, Mr. COLE, Mr. GRIFFIN

of Arkansas, Mr. MICHAUD, Mr. CASSIDY, Mr. LUETKEMEYER, Mr. 

GIBBS, Mr. CARTER, Mr. GRAVES of Missouri, Mr. CRAMER, Mr. JOHNSON of Ohio, Mr. THOMPSON of Mississippi, Mr. BUCSHON, Mr. 

BARLETTA, Mr. PETERSON, Mr. DESJARLAIS, Mr. THOMPSON of Pennsylvania, and Mr. POE of Texas) introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure 

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, 


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1 SECTION 1. SHORT TITLE. 

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

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

4 Act’’. 

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

6 AND COUNTERMEASURE RULE. 

7 (a) IN GENERAL.—The Administrator, in imple8 menting the Spill Prevention, Control, and Counter9 measure rule with respect to any farm, shall— 

10 (1) require certification of compliance with such 

11 rule by— 

12 (A) a professional engineer for a farm 

13 with— 

14 (i) an individual tank with an above15 ground storage capacity greater than 

16 10,000 gallons; 

17 (ii) an aggregate aboveground storage 

18 capacity greater than or equal to 42,000 

19 gallons; or 

20 (iii) a history that includes a spill, as 

21 determined by the Administrator; or 

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

23 self-certification) for a farm with— 

24 (i) an aggregate aboveground storage 

25 capacity greater than 10,000 gallons but 

26 less than 42,000 gallons; and 


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1 (ii) no history of spills, as determined 

2 by the Administrator; and 

3 (2) exempt from all requirements of such rule 

4 any farm— 

5 (A) with an aggregate aboveground storage 

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

7 and 

8 (B) no history of spills, as determined by 

9 the Administrator. 

10 (b) CALCULATION OF AGGREGATE ABOVEGROUND

11 STORAGE CAPACITY.—For the purposes of subsection (a), 

12 the aggregate aboveground storage capacity of a farm ex13 cludes all containers on separate parcels that have a ca14 pacity that is less than 1,320 gallons. 

15 SEC. 3. DEFINITIONS. 

16 In this Act, the following terms apply: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency. 

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

21 given such term in section 112.2 of title 40, Code 

22 of Federal Regulations. 

23 (3) GALLON.—The term ‘‘gallon’’ refers to a 

24 United States liquid gallon. 


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1 (4) SPILL PREVENTION, CONTROL, AND COUN2 TERMEASURE RULE.—The term ‘‘Spill Prevention, 

3 Control, and Countermeasure rule’’ means the regu4 lation promulgated by the Environmental Protection 

5 Agency under part 112 of title 40, Code of Federal 

6 Regulations. 

Æ 


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