MachineryLink

The other day I got an email from a local Extension person warning farmers to be aware of the new federal fuel storage requirements coming this May. I had written about this subject a couple years ago when the deadline was pushed back and I kind of lost track of the topic.

Until now.

Back in Nov. of 2011, the Environmental Protection Agency delayed the implementation of fuel storage rules for farmers until May 10, 2013. And now that day is quickly closing in on us.

"Yes, farmers have to comply with the coming EPA oil storage regulations," said Todd Neeley, DTN staff reporter who covers the EPA.

There was some talk farmers would be exempt from these new regulations, but as of now there is nothing from the EPA to say this is the case, Neeley said. There also have been some discussions about Congress stepping in on behalf of farmers, but again there is nothing to report yet.

An EPA fact sheet titled "Oil Spill Prevention, Control and Countermeasures (SPCC) Program: Information for Farmers," spells out the details about farms and an oil prevention plan.

What this is all about is farmers having an SPCC plan in place before May 10, 2013. First of all, who needs to have plan?

This would be farms which store more than 1,320 gallons of oil products (diesel, gasoline, lube oil, hydraulic oil, crop oil, vegetable oil or animal fat) in above-ground containers or more than 42,000 gallons in completely buried containers and "could reasonably be expected to discharge oil to any water source."

The EPA sheet added only individual containers of oil that have a storage capacity of 55 gallons and more will be counted. In addition, farmers who store fuel in adjacent or non-adjacent parcels, leased or owned, may be considered separate facilities for SPCC, which do not count against the total gallons stored.

If you do have more than 1,320-gallon storage above ground or more than 42,000-gallon storage underground, the EPA will require you to prepare and implement an SPCC plan.

If your farm has an oil storage capacity between 1,320 and 10,000 gallons in above-ground containers and has a good spill history, you may prepare and self-certify your own spill plan. If your farm has storage of more than 10,000 gallons or has had an oil spill, you will need a SPCC plan prepared by a professional engineer (PE).

What information should be in a farmer's SPCC plan? According to the fact sheet, the plan should include a list of oil containers at the farm by parcel, a brief description of the procedures you would use to prevent a spill, a brief description of the measures you installed to prevent from oil reaching water, a brief description of the measures you will use to contain and clean up a spill to water and also a list of emergency contacts and first responders.

Now you might be asking yourself what spill prevention measures should farmers implement and include in the SPCC plan? Oh, the EPA has a list as you might suspect they would.

They include such practices as use correct oil storage containers, provide overfill prevention, provide secondary containment and periodically inspect and test all pipes and containers. The EPA also wants farmers to identify contractors and other local personnel who can help clean up an oil spill.

Finally, EPA wants the SPCC plan to be amended and updated when you make changes to your storage facilities, such as adding new storage containers or if you purchase or lease parcels with containers that are 55-gallons or larger. The plan must be reviewed every 5 years to make sure it includes any changes in oil storage at your farm.

Of course the fact sheet doesn't go into how the EPA will enforce these new fuel storage regulations. Are farms going to be inspected? Will there be a fine? How much of one? Will farmers who spent the time and money to build these facilities and create these plans be able to turn in those neighboring farmer(s) who did not?

Needless to say it makes me glad on my own farm I only have three 300-gallon tanks (for a total of 900 gallons total storage) and we only really use two of the tanks anymore. However, I am going to guess many farmers will be over the 1,320-gallon aboveground storage level on their farms.

Are you in compliance?

To read more about the SPCC rule click http://www.epa.gov/….

Russ Quinn can be reached at russ.quinn@telventdtn.com

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