## (!trntrrt nf tIi UnitrIi fati ttIingtrnt, !t !B51 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 Recently, the EPA and the U.S. Army Corps of Engineers released draft guidance that drastically expands the agencies' authority in terms of the waters and wetlands considered "adjacent" to jurisdictional "waters of the Unites States"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.

PRINTED ON RECYCLED PAPERStephen 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 whowork 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 CongressDiane Black

Member of Congress

Phil Roe Member of Congress èncer Bachus Member of Congress

J1eming Member of Congress

Vicky Hartzl Member of Congress

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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 cIngressTimothy 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 CongressSam Graves Member of Congress 

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therland of Congress arie Buerkie er of Congress Chafleoustany Member of Congress Dan Boren Bill Owens Member of Congress Member of Congress