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July 27, 2011 

The Honorable Lisa Jackson 

Administrator 

U.S. Environmental Protection Agency 

1200 Pennsylvania Ave. NW 

Washington, DC 20460 

Dear Administrator Jackson, 

We are writing you to express our concerns with the implementation of the Oil Spill Prevention, 

Control and Countermeasure (SPCC) rule for farmers and ranchers. 

As you know, the SPCC regulations would apply to any facility with an above-ground oil storage 

capacity of at least 1,320 gallons in containers holding more than 55 gallons. We are concerned 

with current circumstances that we feel are not conducive to effective compliance, or achieving 

the goal of SPCC regulations. 

In order to comply with these guidelines, many farmers and ranchers will need to undertake 

expensive improvements in infrastructure and must hire engineers to meet specific criteria. At 

this time, most agriculture producers are hard-pressed to procure the services of Professional 

Engineers (PEs). Many producers have reported that they are unable to find PEs willing to work 

on farms. Additionally, some states do not have a single qualified PE registered to provide SPCC 

consultation. The scarce availability of engineers calls into question the viability of achieving the 

goal of full compliance by November 2011. 

As you have travelled to farms and rural communities in the Mid-south and Midwest, you have 

seen first-hand the hardship facing farmers due to the devastation wrought by floods and severe 

weather. Farmers and ranchers are dealing with crop losses to the tune of billions of dollars and 

have been working around-the-clock to clean up the damage and preserve what little crops they 

have left. At this time, it is simply not within the means of many farmers to deal with losses 

while allocating time and money towards complying with SPCC regulations. 

Recently, the EPA and the U.S. Army Corps of Engineers released draft guidance that drastically 

expands the agencies' authority in terms of the waters and wetlands considered "adjacent" to 

jurisdictional "waters of the Unites States" under the Clean Water Act. Many farmers and 

ranchers are worried that this guidance will force compliance with the SPCC, without the 

necessary time to do so. We believe that producers want to be in compliance, but the delay of 

assistance documentation has severely constrained their ability to make the necessary 

preparations.

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Stephen Fincher 

Member of Congress 

John Carter 

Member of Congress 

Steve Womack 

Member of Congress 

Scott DesJarlais 

Member of Congress

'en Palazzo 

Member of Congress 

In addition, the EPA has yet to provide clarification regarding who is responsible for maintaining 

the plan, as many farms are operated by those who do not own the land. Many farmers and 

ranchers are also unsure of how the EPA will enforce the rule. 

Before moving forward, we ask that you ensure a process free of confusion and overly 

burdensome rules that might disincentivize SPCC compliance. By nature of occupation, family 

farmers are already careful stewards of land and water. No one has more at stake than those who 

work on the ground from which they derive their livelihood. We respectfully request that you reconsider the SPCC implementation deadline, continue to dialogue with the agriculture 

community and its stakeholders, and ensure that the rule is not overly burdensome or confusing. 

We believe this would help avoid unintended consequences. We appreciate your attention to this 

important matter.

Mike Con'away Brett Guthrie 

Member of Congress Member of Congress
Diane Black 

Member of Congress 

Phil Roe 

Member of Congress

èncer Bachus 

Member of Congress 

J1eming 

Member of Congress 

Vicky Hartzl 

Member of Congress 

Steve King 

Member of Congress

Louie Gohmert 

Member of Congress

Cory Gardner 

Member of Congress 
Mike McIntyre 

Member of Congress 

Mo Bi'ooks 

Member of Congress

Todd Akin 

Member of Congress 

Frantuico" Canseco 

Member of Congress 

Steve Austria 

Member of Congress 

Candice Miller 

Member of Congress

Lynn Jenkins 

Member of Congress 

Bill Flores 

Member of Congress 

Charles Fleischmann 

Member of Congress

hIHu1tgren 

Member of Congress 

TorkLatham 

Member of cIngress
Timothy Johnson 

Member of Congress 

Renee Elimers 

Member of Congress 

Richard Hanna 

Member of Congress

Leonard Boswell 

Member of Congress 

Larry ss 11 

Member f Congress

Glenn Thompson 

Member of Congress 

Lamar Smith 

Member of Congress 

Austin Scott 

Member of Congress 

Jack Kingsn 

Member of Congress 

Jim Co!a 

Member of Congress 

Paul Gosar 

Member of Congress
Sam Graves 

Member of Congress 

S^I^I.Bishop

Me^beI 0fCON8Iess

Rodne4' A1exandr 

Member of Congress

Pete Olson 

Member of Congress 

Robert Latta 

Member of Congr 

Mike Rogers (ALMember of Congss 

Jo Bonner 

Member of Congress 

James Lankford 

Member of Congress 

Mac Thomberry 

Member of Congress 

Robert A1Ir. 

Member of Congress

(7	Jo Ann Emerson 

Member of Congress 

Alan Nunnelee 

Member of Congress
Bill Huizenga 

Member of Congr 

ike Simpson 

Member of Congress 

Bill Johnson 

Member of Congress

Ted Poe 

Member of Congress 

Blame Lu 

Member of Congres 

Wally Herger 

Member of Con''ress

Jean S'cIhiidt 

ember of Congress 

Reid Ribble 

-14ember of Congress 

Marlin Stutzman 

Member of Congress 

Lynn Westmoreland 

Member of Congress 
Bill Cassidy 

Member of Congress 

TdTh Cole 

Member of Congress

V Tim Griffin 

Member of Congress 

Kristi Noem 

Member of Congress 

Billy Long 

Member of Congress 

Mike Ross 

Member of Congress 

Randy Neebauer 

Member of Congress

Bénnie 4. Thompson 

Member of Congress 

Jef4fiham 

Member of Congress

Cathy McMorri's Rors 

Member of Congress
Phi$lingrey 

Member oVCongress 

Larry Bus 

Member of ngress 

Blake Farenthold 

Member of Congress

Scott Garrett 

Member of Congress 

Thomas Petri 

Member of Congress 

Martha Roby Todd Rokita 

Member of Congress Member of Congress 

Adrian Smith Doc Hastings 

Member of Congress Member of Congress 

Devin Nunes Howard Coble 

Member of Congress Member of Congress
Dan Burton 

Member of Congress 

Joe Barton 

Member of Congress 

therland 

of Congress

arie Buerkie 

er of Congress 

Chafleoustany 

Member of Congress

Dan Boren Bill Owens 

Member of Congress Member of Congress