Farmer SPCC Exemption–President expected to sign

Farmer SPCC exemption approved; President expected to sign final language

From PMAA’s Weekly Review newsletter for May 30: 

Last week the Senate followed the House and approved the Water Resources Reform and Development Act (H.R. 3080) conference report by a vote of 91-7. Because of the overwhelming support for the Act in both bodies (the House passed the report by 412-4), President Obama is expected to sign the bill in spite of the Administration’s objections about language that will streamline environmental reviews.

The SPCC language will increase threshold sizes for Aboveground Storage Tank (AST) regulation at the farm level, and allow more farms to self-certify spill plans compared to current EPA SPCC Regulations.

Specifically the language will:

·         Exempt all farm tanks of 1,000 gallons or less from the SPCC rule, and farms with an aggregate tank storage capacity of 2,500 gallons or less would not have to comply with EPA’s SPCC rule.

·         Increase the farm exemption threshold with up to 6,000 gallons aggregate of aboveground oil storage pending the completion of a study looking at a permanent exemption for farms with 2,500 to 6,000 gallons.

·         Permit farms to self-certify their spill prevention plans if their aggregate aboveground oil storage is between 6,000 and 20,000 gallons with no individual tank greater than 10,000 gallons and no history of oil spills. Self-certify no single tank above 10,000.

·         Require a professional engineer to certify the plan if the farm has an individual storage tank greater than 10,000 gallons, an aggregate aboveground oil storage greater than or equal to 20,000 gallons, or a reportable oil discharge history.

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