I 

114TH CONGRESS 

1ST SESSION H. R. 3129 

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 

JULY 21, 2015 

Mr. CRAWFORD (for himself, Mr. HENSARLING, Mr. CRAMER, Mr. POMPEO, 

Mr. DUNCAN of South Carolina, Mr. DESJARLAIS, Mr. MULLIN, Mr. 

ABRAHAM, Mr. HUELSKAMP, Mr. JONES, Mr. KLINE, and Mr. LATTA) 

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, 

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’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 3129 IH

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

2 AND COUNTERMEASURE RULE. 

3 (a) IN GENERAL.—The Administrator, in imple4 menting the Spill Prevention, Control, and Counter5 measure rule with respect to any farm, shall— 

6 (1) require certification of compliance with such 

7 rule by— 

8 (A) a professional engineer for a farm 

9 with— 

10 (i) an individual tank with an above11 ground storage capacity greater than 

12 10,000 gallons; 

13 (ii) an aggregate aboveground storage 

14 capacity greater than or equal to 42,000 

15 gallons; or 

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

17 determined by the Administrator; or 

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

19 self-certification) for a farm with— 

20 (i) an aggregate aboveground storage 

21 capacity greater than 10,000 gallons but 

22 less than 42,000 gallons; and 

23 (ii) no history of spills, as determined 

24 by the Administrator; and 

25 (2) exempt from all requirements of such rule 

26 any farm— 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 3129 IH

1 (A) with an aggregate aboveground storage 

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

3 and 

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

5 the Administrator. 

6 (b) CALCULATION OF AGGREGATE ABOVEGROUND

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

8 the aggregate aboveground storage capacity of a farm ex9 cludes all containers on separate parcels that have a ca10 pacity that is less than 1,320 gallons. 

11 SEC. 3. DEFINITIONS. 

12 In this Act, the following terms apply: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Environ15 mental Protection Agency. 

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

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

18 of Federal Regulations. 

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

20 United States liquid gallon. 

21 (4) SPILL PREVENTION, CONTROL, AND COUN22 TERMEASURE RULE.—The term ‘‘Spill Prevention, 

23 Control, and Countermeasure rule’’ means the regu24 lation promulgated by the Environmental Protection 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 3129 IH

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

2 Regulations. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS