I 

112TH CONGRESS 

1ST SESSION H. R. 3158 

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 

OCTOBER 12, 2011 

Mr. CRAWFORD (for himself, Mr. LUCAS, Mr. RIBBLE, Mr. WALSH of Illinois, 

Mr. DENHAM, Mr. GRIFFIN of Arkansas, Mr. WOMACK, Mr. SMITH of 

Nebraska, Mr. TERRY, Mr. THOMPSON of Mississippi, Mr. WESTMORELAND, Mr. JOHNSON of Illinois, Mr. LATTA, Mr. COLE, Mr. CASSIDY, Mr. 

FLEISCHMANN, Mr. ROSS of Arkansas, Mr. BERG, Mr. FINCHER, Mr. 

CARTER, and Mrs. EMERSON) 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’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 3158 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 a storage 

11 capacity greater than 10,000 gallons; 

12 (ii) an aggregate storage capacity 

13 greater than or equal to 42,000 gallons; or 

14 (iii) a history that includes a spill; or 

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

16 self-certification) for a farm with— 

17 (i) an aggregate storage capacity 

18 greater than 10,000 gallons but less than 

19 42,000 gallons; and 

20 (ii) no history of spills; and 

21 (2) exempt from all requirements of such rule 

22 any farm— 

23 (A) with an aggregate storage capacity of 

24 less than or equal to 10,000 gallons; and 

25 (B) no history of spills. 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 3158 IH

1 (b) CALCULATION OF AGGREGATE STORAGE CAPAC2 ITY.—For the purposes of subsection (a), the aggregate 

3 storage capacity of a farm excludes all containers on sepa4 rate parcels that have a capacity that is less than 1,320 

5 gallons. 

6 SEC. 3. DEFINITIONS. 

7 In this Act, the following terms apply: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

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

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

13 of Federal Regulations. 

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

15 United States liquid gallon. 

16 (4) SPILL PREVENTION, CONTROL, AND COUN17 TERMEASURE RULE.—The term ‘‘Spill Prevention, 

18 Control, and Countermeasure rule’’ means the regu19 lation promulgated by the Environmental Protection 

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

21 Regulations. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS