Daily News Update, Dec. 14, 2007

NCBA submits comments on SPCC rule for farms and ranches

NCBA, as part of a coalition of agriculture groups, is finalizing comments to the EPA regarding its proposed rule for Spill Prevention, Control and Countermeasure for agricultural operations.

The EPA published their proposed rule in the Oct. 15 Federal Register, opening a 60-day comment period. The deadline for comments is Friday, Dec. 14. The EPA has posted a fact sheet on the proposed rule on their website at http://www.epa.gov/oilspill/spcc_oct07.htm.

The program regulates large fuel tanks in an effort to prevent spills on farms or ranches. This rule applies to operations that store, transfer, use or consume oil or oil products if the operation’s above ground capacity is greater than 1,320 gallons or if the operation’s buried oil storage capacity is greater than 42,000 gallons.

In their rule, the EPA would require a facility response plan is required and certification by a professional engineer if storage capacity is 10,000 gallons or more. The EPA establishes that a facility with above ground storage capacity of 10,000 gallons or less may be eligible for a self-certification plan in lieu of a professional engineer.

In its comments, NCBA urges EPA to consider increasing the threshold trigger for regulation to 20,000 gallons.

"The fact is many farms that receive bulk fuel will have one 10,000-gallon gasoline tank and one 10,000-gallon diesel fuel tank," NCBA says. "Therefore, the Coalition urges the EPA to adopt a 20,000-gallon threshold as reasonable and critical for farm operations."