Oil Spill Prevention, Control and Countermeasure (SPCC) Rule Information

5/29/2014 11:43:25 AM


*Alert: SPCC Rule Fixed Under New Legislation!*

The Presidnet has signed into law H.R. 3080, the Water Resources Reform and Development Act (WRRDA). The signing of WRRDA will keep American agriculture competitive domestically and abroad by providing much needed funding for construction and the dredging and repairs to our ports, locks and dams for the efficient transport of agricultural commodities to meet needs both domestically and abroad.

While WRRDA is instrumental to keeping agriculture competitive both domestically and abroad, H.R. 3080 also contains significant steps to fix problems related to the Environmental Protection Agency’s (EPA) Spill Prevention Control and Countermeasure (SPCC) rule which has been a thorn in the side of farmers and ranchers since the EPA applied this rule in 2009.

A breakdown of the changes to EPA’s SPCC rule is included below:

 

SPCC Under Previous Law

SPCC Changes Under WRRDA

When determining total aggregated aboveground fuel storage capacity, producers are required to include any tank of 50 gallons or more.

When determining total aggregated aboveground fuel storage capacity, producers are required to include any tank above 1,000 gallons.

Aggregated aboveground fuel storage capacity of less than 1,320 gallons exempt from SPCC requirements.

Aggregated aboveground fuel storage capacity of 6,000 gallons* or less are exempt from SPCC requirements.

Tier I: A farmer may self-certify their SPCC plan if they have an aggregated aboveground fuel storage capacity of 1,320-10,000 gallons and do not have an individual tank 5,000 gallons or larger.

Tier I: A farmer may self-certify their SPCC plan if they have an aggregated aboveground fuel storage capacity of 6,001-20,000 gallons and do not have an individual tank greater than 10,000 gallons.

Tier II: A farmer must have a Professional Engineer certify their SPCC plan if they have an aggregated aboveground fuel storage capacity greater than 10,000 gallons or have an individual tank 5,000 gallons or larger.

Tier II: A farmer must have a Professional Engineer certify their SPCC plan if they havean aggregated aboveground fuel storage capacity greater than 20,000 gallons or have an individual tank greater than 10,000 gallons.

 

*EPA along with USDA are to conduct a study within 12 months and release a rule for public comment within 18 months to set a new fuel level exemption to be at no less than 2,500 gallons and no more than 6,000 gallons. (We are prepared to fight to keep the exempted level at the full 6,000 gallons.)





           




 

NEBRASKA FARM BUREAU
5225 South 16th Street, Lincoln, NE 68512
P.O. Box 80299, Lincoln, NE 68501-0299
Telephone
: (800) 742-4016 or (402) 421-4400
Fax
: (402) 421-4439