IIB 
112TH CONGRESS 
2D SESSION 
H. R. 3158 
IN THE SENATE OF THE UNITED STATES 
AUGUST 2, 2012 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
To direct the Administrator of the Environmental Protection 
Agency to change the Spill Prevention, Control, and 
Countermeasure rule with respect to certain farms. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Farmers Undertake 
Environmental Land Stewardship Act’’ or the ‘‘FUELS 
Act’’. 
SEC. 2. APPLICABILITY OF SPILL PREVENTION, CONTROL, 
AND COUNTERMEASURE RULE. 
(a) IN GENERAL.—The Administrator, in imple-
menting the Spill Prevention, Control, and Counter-
measure 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 
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(ii) no history of spills, as determined 
by the Administrator; and 
(2) exempt from all requirements of such rule 
any farm— 
(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 all containers on separate parcels that have a ca-
pacity that is less than 1,320 gallons. 
SEC. 3. DEFINITIONS. 
In this Act, the following terms 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) SPILL PREVENTION, CONTROL, AND COUN-
TERMEASURE RULE.—The term ‘‘Spill Prevention, 
Control, and Countermeasure rule’’ means the regu-
lation promulgated by the Environmental Protection 
Agency under part 112 of title 40, Code of Federal 
Regulations. 
Passed the House of Representatives August 1, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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