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May 09, 2013
As the Senate continues debate on the Water Resources Development Act (WRDA), language to change upcoming regulations for on-farm fuel storage has been accepted unanimously as part of the bill. The amendment would set storage tank thresholds below which agricultural operations would be excluded from the Environmental Protection Agency's (EPA) Spill Prevention, Control and Countermeasure Rule.
Some farms would be exempt altogether, while others storing a certain amount of fuel would be allowed to self-certify their own oil spill prevention plans.
The amendment creates a temporary 6,000 gallon aggregate aboveground oil storage exemption threshold for farms for up to 30 months, pending the completion of a joint EPA–U.S. Department of Agriculture study to set a permanent exemption threshold for farms between 2,500 and 6,000 gallons, based on what constitutes a significant risk of discharge to water and a subsequent rulemaking by EPA.
The amendment also permits farms to self-certify their spill prevention plans if their aggregate aboveground oil storage is between 6,000 and 20,000 gallons. A professional engineer must 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.
