Bi11 Text 112th Congress ( ) H.R.3158.IH

Transcription

1 13111 'rext - 112th Congress ( ) - THOMAS (Library of Congress Page 1 of 3 The Library of Congress > THOMAS Home > Bills, Resolutions > Search Results Bi11 Text 112th Congress ( ) H.R.3158.IH THIS SEARCH Next Hit Prey Hit Hit List THIS DOCUMENT Forward Back Best Sections Contents Display GO TO New Bills Search HomePage Help Print Subscribe Share/Save Bill XML Printer Friendly Congressional Record Bill Summary & PDF [Helpl [Help] References Status H.R FUELS Act (Introduced in House - IH) HR 3158 IH 112th CONGRESS 1st Session H. R To direct the Administrator of the Environmental Protection Agency to change the Spill Prevention, Control, and Countermeasure rule with respect to certain farms. L-1 TEE HOUSE OF 117ESENTATIVES Octi- 7-er 12, 2011 Mr. CRAWFORD (for himself, Mr. LUCAS, Mr. RIBBLE, Mr. WALSH of Illinois, Mr. DEN HAM, 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. 10/17/2011

2 Bill Text - 112th Congress (2U11-2U12) - THOMAS (Library of Congress) Page 2 ot.3 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Farmers Undertake Environmental Land Stewardship Act' or the FUELS Act'. 2. APPLICABILITY OF SPILL FRL7'' ENTION, CONTROL, AL,r,i) COUNTERMEASURE RU!...7. (a) In General- The Administrator, in implementing 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 a storage capacity greater than 10,000 gallons; (ii) an aggregate storage capacity greater than or equal to 42,000 gallons; or (iii) a history that includes a spill; or (B) the owner or operator of the farm (via self-certification) for a farm with-- (i) an aggregate storage capacity greater than 10,000 gallons but less than 42,000 gallons; and (ii) no history of spills; and (2) exempt from all requirements of such rule any farm-- (A) with an aggregate storage capacity of less than or equal to 10,000 gallons; and (B) no history of spills. (b) Calculation of Aggregate Storage Capacity- For the purposes of subsection (a), the aggregate storage capacity of a farm excludes all containers on separate parcels that have a capacity that is less than 1,320 gallons. SEC. 3. DEFINITIONS. In this Act, the following terms apply: (1) ADMINISTRATOR- The term 'Administrator' means the Administrator of the Environmental Protection Agency. (2) FARM- The term 'farm' has the meaning given such term in section of title 40, Code of Federal Regulations. 10/17/2011

3 ext - 112th Congress ( ) - THOMAS (Library of Congress) Page 3 of 3 (3) GALLON- The term 'gallon' refers to a United States liquid gallon. (4) SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE- The term 'Spill Prevention, Control, and Countermeasure rule means the regulation promulgated by the Environmental Protection Agency under part 112 of title 40, Code of Federal Regulations. THIS SEARCH Next Hit Prey Hit Hit List THIS DOCUMENT Forward Back Best Sections Contents Display GO TO New Bills Search HomePage Help Stay Connected with the Library All ways to connect» Find us on 40: Subscribe & Comment RSS & Blogs Download & Play Podcasts Webcasts itunes U About I Press I Site Map I Contact I Accessibility I tmal I External Link Disclaimer I USA.ciov Enabled Speech 10/17/2011

4 The Honorable Lisa Jackson Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Ave. NW Washington, DC Dear Administrator Jackson, Tottgres,.:x 111a51fiagfutt, BT July 27, 2011 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 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 PAPER

5 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. Sincerely, Rick Crawford Stephen Fincher Steve Womack John Carter Scott DesJarlais Membe en Palazzo of Congress Mike Conaway Brett Guthrie

6 o y viviemberpi. Congress L Walter Jones Diane Black Tern ewell ember of Congress Phil Roe fencer Bachus IV 1 leming Meta Blackburn 91 Vicky Hartz Cory Gardner Steve King Louie Gohmert

7 Steve Austria To Latham Member of ngress Mo Bi oks Mike McIntyre n Du an ember of Congress Hultgren Candice Miller Lynn Jenkins Franth-co "Quico" Canseco Todd Akin Charles Fleischmann Bill Flores

8 Renee Ellmers Timothy Johnson Paul Gosar Austin Scott Jim Cos a Jack Kings La Memberf Congress Glenn ompson Lamar Smith Richard Hanna Leonard Boswell

9 Sanori Bishop Sam Graves Rodn Alexander / Pete Olson Robert Latta Member of Congr Jo Ann Emerson Mik, Rogers (AL- Member of Cong ess Jo Bonner Robert A71 James Lankford Ame Alan Nunnelee Mac Thornberry

10 Kevin Bra Member of Co Jean idt ember of Congress Bill Huizenga Member of Congr Marlin Stutzman ike Simpson Lynn Westmoreland Bill Johnson Reid Ribble ember of Congress Member of Congres- Ted Poe Wally Herger c e achmann

11 Bill Cassidy Billy Long Tom Cole Tim Griffin Tim Huelskamp Kristi Noem Morgan Griffith Member of Con ss Mike Ross Randy Ne Member o ebauer Congress Bemiie C. Thompson Je Cathy McMorris Roar TS

12 Martha Roby Todd Rokita Mike P Me er of ongress Phi ingrey Member o1'congress Adrian Smith Doc Hastings Larry Bus Member o ngress Scott Garrett Blake Farenthold Thomas Petri Devin Nunes Howard Coble

13 e Terry ember of Congress Dan Burton Joe Barton andy Forbes Dan Boren Bill Owens arie Buerkle er of Congress Ch oustany Stev Mem herland of Congress