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| Duane A. Linemann |
Last week I brought you the good news about a postponement of the Spill Prevention Control and Countermeasure (SPCC) deadline. I also mentioned that there are members of Congress who were bringing this up in bills that could have a huge effect on farmers. There are also agricultural groups in Nebraska that are working towards this end, but there is a real need for help from farmers and ranchers to encourage congress to fix the SPCC rule. These groups can help, but cannot do it themselves. They are asking that our farmers, ranchers and anyone associated with agriculture please share their stories with our Nebraska's Congressional Delegation on how this SPCC regulation will impact their farm or ranch.
As I indicated in earlier writings, in 2009, EPA finalized regulations that will require any farm or ranch with above-ground oil storage capacity of greater than 1,320 gallons to have a Spill Prevention Control and Countermeasure (SPCC) plan in place if there is a reasonable expectation a spill would reach waters of the U.S. These Tier I facilities under the current regulations must create a self-certified SPCC plan and have secondary containment available in case of a spill. For farms and ranches with more than 10,000 gallons of such capacity, the Tier II plans must be certified by a professional engineer. Compliance with this regulation could run into the thousands of dollars. Forcing farmers and ranchers to comply with the SPCC rule is an over-burdensome solution in desperate search of a problem that simply does not exist.
It is for this reason that it is important that our local farmers and ranchers contact their Senators and Congressmen on the “Farmers Undertake Environmental Land Stewardship Act” (FUELS Act). The bill has been introduced in both the House of Representatives (H.R. 311) as well as the Senate (S. 496). It is time that our producers express what they think on this issue, and the timing is right. With ice on the ground and the planter still in the shed, now is the time to do so.
SPCC regulations are over thirty years old and were originally intended for the petroleum industry, although EPA contends that agriculture has never been exempt. In 2011, the EPA provided a two-year compliance delay for farmers and ranchers which ends on May 10th of 2013. However, that delay was only for farms established after 2002. Finally, an enforcement delay for the rest of the fiscal year was passed by Congress as part of the 2013 Continuing Resolution to fund the federal government, preventing the EPA from enforcing the rule on farms and ranches until October 1, 2013.
I know that organizations like Farm Bureau have been working though this regulation for years and have yet to get clear answers from the EPA. I found the same thing when I was putting together information on this topic over the last couple of months. Questions like – What really are U.S. Navigable waters? What distance from creeks is acceptable? What about road ditches or buffer strips? How about mobile tanks? These are just a few that come to mind. This lack of clarity is one of the many reasons that you may want to join with other interested groups and individuals to support altering the SPCC rules to put the regulatory burden back where it was originally intended; large oil/fuel storage facilities.
The FUELS Act does this by raising the Tier I threshold from 1,320-10,000 gallons up to 10,000-42,000 gallons. This move would prevent many farms and ranches from having to comply with this complicated regulation. The FUELS Act would also raise Tier II up from any amount above 10,000 gallons to any amount above 42,000 gallons. While these changes will not completely exempt all farms and ranches, this compromise is a strong step in the right direction.
I must reiterate that the bill has been introduced in both the House of Representatives (H.R. 311) as well as the Senate (S. 496); so please contact your House Representative and encourage them to co-sponsor or at least support the House bill concerning the Farmers Undertake Environmental Land Stewardship Act (FUELS Act), and ask your Senators to support the Senate version of the bill. You might indicate how by increasing the Tier I threshold from 1,320-10,000 gallons up to 10,000-42,000 gallons will help protect your farm from the costly and over burdensome regulations in the Spill Prevention Control and Countermeasure (SPCC). Explain to them that the SPCC regulations were intended for the petroleum industry and never intended to be a regulation on farmers and ranchers. You might also explain to them that the cost of compliance with the SPCC rule will be very expensive, and forcing farmers and ranchers like you to comply is basically “a solution in desperate search of a problem that simply does not exist!” Tell them that you are a good steward of the land and water and depend on both. Most importantly bring to them stories of how this will affect or impact your farm or ranch and even your livelihood. Don’t just expect other people to do this and then wonder why nothing happens. Whatever you do, take a moment to write a letter, email, or simply call your Congressman. It could save you a lot of grief and expense!
I also want you to be aware of a project that I think has great merit. South Central Nebraska is within a project area that may farmers may receive $10 per acre to leave wheat and/or milo stubble 14 inches or taller undisturbed until April 1st of the following year. Eligible producers may enroll up to 320 acres per year per crop type for two years. Post-harvest chemical applications are allowed, but other means of disturbance, such as disking, grazing or haying, are not allowed before the April 1, 2014 deadline. Public hunting access is not required to enroll, however an additional incentive of $3 per acre is available to producers willing to allow walk-in hunting access on their stubble fields. If you want further information on this you can attend a Crop Stubble Management meeting in Guide Rock at the Community Center on April 18 from 5:00-7:00 pm, and in Holdrege the day before. This could be something you may want to consider!
The preceding information comes from the research and personal observations of the writer which may or may not reflect the views of UNL or UNL Extension. For more further information on these or other topics contact D. A. Lienemann, UNL Extension Educator for Webster County in Red Cloud, (402) 746-3417 or email to: dlienemann2@unl.edu or go to the website at: http://www.webster.unl.edu/home
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