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(2) An analysis of the economic impact of the 
proposed final rule to implement the FDA Food Safe-
ty Modernization Act with a particular focus on— 
(A) agricultural businesses of a variety of 
sizes; and 
(B) small and mid-sized value added food 
processors. 
(3) A plan to systematically evaluate the regula-
tions by surveying farmers and processors and devel-
oping an ongoing process to evaluate and address 
business concerns. 
(b) ANNUAL REPORT.—Not later than 1 year after the 
date of enactment of this Act and annually thereafter, the 
Secretary shall submit to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee 
on Agriculture of the House of Representatives a report on 
the impact of implementation of the regulations promul-
gated under the FDA Food Safety Modernization Act. 
SEC. 12322. IMPROVED DEPARTMENT OF AGRICULTURE 
CONSIDERATION OF ECONOMIC IMPACT OF 
REGULATIONS ON SMALL BUSINESS. 
The Secretary of Agriculture shall complete procedures 
consistent with the requirements of subsection (b) of section 
609 of title 5, United States Code, whenever the Department 
of Agriculture promulgates any rule which will have a sig-
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nificant economic impact on a substantial number of small 
entities. 
SEC. 12323. SILVICULTURAL ACTIVITIES. 
Section 402(l) of the Federal Water Pollution Control 
Act (33 U.S.C. 1342(l)) is amended by adding at the end 
the following: 
‘‘(3) SILVICULTURAL ACTIVITIES.— 
‘‘(A) NPDES PERMIT REQUIREMENTS FOR 
SILVICULTURAL ACTIVITIES.—The Administrator 
shall not require a permit or otherwise promul-
gate regulations under this section or directly or 
indirectly require any State to require a permit 
under this section for a discharge of stormwater 
runoff resulting from the conduct of the following 
silviculture activities: nursery operations, site 
preparation, reforestation and subsequent cul-
tural treatment, thinning, prescribed burning, 
pest and fire control, harvesting operations, sur-
face drainage, and road use, construction, and 
maintenance. 
‘‘(B) PERMITS FOR DREDGED OR FILL MA-
TERIAL.—Nothing in this paragraph exempts a 
silvicultural activity resulting in the discharge of 
dredged or fill material from any permitting re-
quirement under section 404.’’.
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SEC. 12324. APPLICABILITY OF SPILL PREVENTION, CON-
TROL, AND COUNTERMEASURE RULE. 
(a) IN GENERAL.—The Administrator, in imple-
menting the Spill Prevention, Control, and Countermeasure 
rule with respect to any farm, shall— 
(1) require certification of compliance with such 
rule by— 
(A) a professional engineer for a farm 
with— 
(i) an individual tank with an above-
ground storage capacity greater than 10,000 
gallons; 
(ii) an aggregate aboveground storage 
capacity greater than or equal to 42,000 
gallons; or 
(iii) a history that includes a spill, as 
determined by the Administrator; or 
(B) the owner or operator of the farm (via 
self-certification) for a farm with— 
(i) an aggregate aboveground storage 
capacity greater than 10,000 gallons but 
less than 42,000 gallons; and 
(ii) no history of spills, as determined 
by the Administrator; and 
(2) exempt from all requirements of such rule 
any farm—
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(A) with an aggregate aboveground storage 
capacity of less than or equal to 10,000 gallons; 
and 
(B) no history of spills, as determined by 
the Administrator. 
(b) CALCULATION
OF
AGGREGATE
ABOVEGROUND 
STORAGE CAPACITY.—For the purposes of subsection (a), 
the aggregate aboveground storage capacity of a farm ex-
cludes— 
(1) all containers on separate parcels that have 
a capacity that is less than 1,320 gallons; and 
(2) all storage containers holding animal feed in-
gredients approved for use in livestock feed by the 
Food and Drug Administration. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) FARM.—The term ‘‘farm’’ has the meaning 
given such term in section 112.2 of title 40, Code of 
Federal Regulations. 
(3) GALLON.—The term ‘‘gallon’’ refers to a 
United States liquid gallon.
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(4) HISTORY OF SPILLS.—The term ‘‘history of 
spills’’ has the meaning used to describe the term ‘‘re-
portable discharge history’’ in section 112.7(k)(1) of 
title 40, Code of Federal Regulations (or successor reg-
ulations). 
(5) SPILL PREVENTION, CONTROL, AND COUNTER-
MEASURE RULE.—The term ‘‘Spill Prevention, Con-
trol, and Countermeasure rule’’ means the regulation 
promulgated by the Environmental Protection Agency 
under part 112 of title 40, Code of Federal Regula-
tions. 
SEC. 12325. AGRICULTURAL PRODUCER INFORMATION DIS-
CLOSURE. 
(a) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) AGENCY.—The term ‘‘Agency’’ means the En-
vironmental Protection Agency. 
(3) AGRICULTURAL OPERATION.—The term ‘‘ag-
ricultural operation’’ includes any operation where 
an agricultural commodity crop is raised, including 
livestock operations.
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(4) LIVESTOCK OPERATION.—The term ‘‘livestock 
operation’’ includes any operation involved in the 
raising or finishing of livestock or poultry. 
(b) DISCLOSURE OF INFORMATION.— 
(1) PROHIBITION.—Except as provided in para-
graph (2), the Administrator, any officer or employee 
of the Agency, or any contractor of the Agency, shall 
not make public the information of any owner, oper-
ator, or employee of an agricultural operation pro-
vided to the Agency by a farmer, rancher, or livestock 
producer or a State agency that has been obtained in 
accordance with the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) or any other law, includ-
ing— 
(A) names; 
(B) telephone numbers; 
(C) email addresses; 
(D) physical addresses; 
(E) Global Positioning System coordinates; 
or 
(F) other identifying location information. 
(2) EFFECT.—Nothing in paragraph (1) af-
fects— 
(A) the disclosure of information described 
in paragraph (1) if—