FUELS Act

Farmers Undertake Environmental Land Stewardship Act or the FUELS Act - Requires the Administrator of the Environmental Protection Agency (EPA), in implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, to require certification of compliance with such rule by: (1) a professional engineer for a farm with an individual tank with an aboveground storage capacity greater than 10,000 gallons, an aggregate aboveground storage capacity of at least 42,000 gallons, or a history that includes a spill; or (2) the owner or operator of the farm (via self-certification) for a farm with an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons and no history of spills. Exempts from all requirements of such rule any farm with an aggregate aboveground storage capacity of at least 10,000 gallons and no history of spills.

Excludes all containers on separate parcels that have a capacity that is less than 1,320 gallons from the aggregate aboveground storage capacity of a farm.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3158 Introduced in House (IH)]

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.

    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''.

SEC. 2. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE 
              RULE.

    (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 112.2 of title 40, Code of Federal Regulations.
            (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.
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