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H.R. 311, Farmers Undertake Environmental Land Stewardship Act 1 (November 6, 2013)

handle is hein.congrec/cbo11356 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE
COST ESTIMATE
November 6, 2013
H.R. 311
Farmers Undertake Environmental Land Stewardship Act
As ordered reported by the House Committee on Transportation and Infrastructure
on October 29, 2013
H.R. 311 would have no significant net impact on the federal budget, CBO estimates. The
bill would require the Environmental Protection Agency (EPA) to modify the Spill
Prevention, Control, and Countermeasure (SPCC) rule, which regulates oil discharges
into navigable waters and adjoining shorelines. A portion of the SPCC rule, effective as
of September 23, 2013, requires certain farmers to develop an oil spill prevention plan
that is certified by a professional engineer. Those plans could involve certain
infrastructure changes to reduce the possibility of oil spills. Such plans apply to farms
that store more than 1,320 gallons of oil products in aboveground containers or more than
42,000 gallons of oil products in buried containers that could reasonably be expected to
discharge oil into waters of the United States.
Enacting H.R. 311 would ease some compliance requirements for farmers, depending on
the capacity of oil product containers located on a farm and whether a farm has
previously experienced any spills. Specifically, under the bill, certification of compliance
with the EPA rule by a professional engineer would only be required if the farm has an
individual tank with a storage capacity greater than 10,000 gallons, has an aggregate
storage capacity greater than or equal to 42,000 gallons, or has previously experienced a
spill. However, an owner or operator of a farm could provide self-certification with the
SPCC rule if the farm has an aggregate storage capacity greater than 10,000 gallons, but
less than 42,000 gallons, and has no history of spills. Farms with an aggregate capacity of
less than or equal to 10,000 gallons and no history of a spill would be exempt from all
requirements of the SPCC rule.
Based on information from EPA, CBO estimates that implementing and enforcing the
SPCC rule as it pertains to farmers under current law will cost $2 million over the next
five years. Enacting this bill would exempt the majority of farms from complying with
the rule and also would require EPA to amend the SPCC rule for farms and develop
guidance and outreach material to educate affected stakeholders. CBO expects that the
resources necessary to support the existing rule over the next five years would instead be
used to implement H.R. 311.

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