LEGISLATION INTRODUCED IN SENATE
On Thursday, Senators Jeanne Shaheen (D-NH) and Susan
Collins (R-ME) introduced bipartisan legislation known as
the “Oilheat Efficiency, Renewable Fuel Research and Jobs
Training Act,” (S.913) which reauthorizes the National
Oilheat Research Alliance Act. NORA was established in 2000
and expired in February 2010. The bill would extend the NORA
program through 2020 and redirects more funds for research,
development and deployment of new ultra-efficient oilheating
technologies such as biofuel-blended product. Last Congress,
NORA garnered 71 House cosponsors (33 Republicans, 38
Democrats) and 15 cosponsors in the Senate. PMAA looks to
build upon those cosponsorships during the 113th Congress
and seek final enactment of the bill.
NORA is funded by a check-off program that allows the
industry to support and fund critical initiatives for
oilheat businesses, technicians, and consumers at no cost to
local, state and the federal government. Without
Congressional reauthorization, the oilheat industry will
lose its ability to work cooperatively to provide efficient
technologies that benefit consumers and to stay competitive
in the marketplace. The program has already provided
tremendous benefits to the industry and its consumers by
reducing oilheat consumption by 30 percent over the last
decade – nearly $600 in annual savings per customer.
Original cosponsors include: Senators Richard Blumenthal
(D-CT), William Cowan (D-MA), Christopher Coons (D-DE),
Kirsten Gillibrand (D-NY), Christopher Murphy (D-CT), Jack
Reed (D-RI), Sheldon Whitehouse (D-RI) and Bernie Sanders
SENATE APPROVES SPCC EXEMPTION FOR
On Wednesday, the Senate adopted an
amendment introduced by Senators Mark Pryor (D-AR) and Jim
Inhofe (R-OK) to the Water Resources Development Act (WRDA)
which would increase threshold sizes for Aboveground Storage
Tank (AST) regulation at the farm level, and allow more
farms to self-certify spill plans.
The Pryor-Inhofe amendment would:
Increase the farm exemption
threshold with up to 6,000 gallons aggregate of
aboveground oil storage pending the completion of a
study looking at a permanent exemption for farms with
2,500 to 6,000 gallons.
Permit farms to self-certify
their spill prevention plans if their aggregate
aboveground oil storage is between 6,000 and 20,000
gallons with no individual tank greater than 10,000
gallons and no history of oil spills.
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 no history of oil spills.
If the Senate passes WRDA, the
measure would go to the House for consideration where the
House could amend the legislation with its own SPCC tank
threshold exemption levels. If the Pryor-Inhofe amendment is
ultimately signed into law, then farmers will be granted the
tank threshold exemptions and the amendment to delay EPA’s
SPCC regulations until September 30, 2013 will be moot.
In the meantime, EPA’s SPCC rule is slated to go into effect
TODAY for farmers. The rule requires farmers to hire a
certified professional engineer to design a SPCC plan and
have secondary containment installed. As petroleum marketers
well know, the SPCC rule is applicable to any facility,
including farms, with an aggregate aboveground oil storage
capacity of 1,320 gallons in tanks of 55 gallons or greater.
However, whether the rule will be enforced now is unclear.
Included in passage of the continuing resolution (CR), which
was signed into law in March, is language which delays SPCC
compliance deadlines for farmers through September 30, 2013.
The amendment prevents funds from being used through Fiscal
Year 2013 to implement requirements of EPA’s SPCC rule. See
the next article for more related information regarding SPCC
EPA WILL NOT ENFORCE MAY 10, 2013
COMPLIANCE DEADLINE FOR FARMERS
The U.S. EPA
compliance deadline for farmers to comply with federal SPCC
requirements is May 10, 2013. However, Congress recently
passed legislation earlier this year that prevents the EPA
from enforcing the SPCC requirements against farmers through
September 30, 2013. This means that although farmers are
still required to comply with SPCC regulations by the EPA
deadline, no enforcement action can be taken against farmers
who are not in compliance by May 10.
The temporary enforcement ban has put farmers in a legal
limbo of sorts. However, it is unlikely the EPA will
retroactively enforce SPCC requirements against those
farmers who are not in compliance by May 10 once the agency
gets its regulatory enforcement powers back beginning
October 1. In the meantime, Congress is considering a number
of amendments that would delay, reduce or eliminate
altogether SPCC requirements for farmers. It is too early to
tell if any of these efforts on behalf of famers will be
passed by Congress.
There is nothing in the federal regulations that prevent
marketers from continuing to supply farm tanks that are not
in compliance with SPCC regulations.
The following is some general information that marketers can
provide to their farm customers that will move them on the
path to compliance:
When is the SPCC deadline
for farm tanks?
The deadline for farmers to comply with SPCC regulations is
May 10. 2013. However, Congress has recently passed
legislation that prevents the EPA from enforcing SPCC
regulations until October 1, 2013.
What is considered a farm under SPCC?
Under SPCC, a farm is: “a facility on a tract of land
devoted to the production of crops or raising of animals,
including fish, which produced and sold, or normally would
have produced and sold, $1,000 or more of agricultural
products during a year.”
Is my farm covered by SPCC?
If a farm meets
all the following criteria, then SPCC regulations apply:
transfers, uses or consumes oil or oil products, such as
diesel fuel, gasoline, kerosene, lube oil, hydraulic
oil, adjuvant oil, crop oil, vegetable oil or animal
than 1,320 gallons in aboveground containers (count all
containers with a capacity of 55 gallons or more) or
more than 42,000 gallons in USTs.
If my farm is covered by
SPCC, what should I do?
The EPA requires you to prepare and implement an SPCC Plan.
Many farmers will need to have their Plan certified by a
Professional Engineer (“PE”). However, you may be eligible
to self-certify your amended Plan without the aid of a PE
Your farm has a total oil storage capacity between 1,320
and 10,000 gallons in aboveground containers, and the
farm has a good spill history (as described in the SPCC
rule), you may prepare and self-certify your own Plan.
(However, if you decide to use certain alternate
measures allowed by the federal SPCC Rule, you will need
Your farm has storage capacity of more than 10,000
gallons or has had an oil spill you may need to prepare
an SPCC Plan certified by a PE
information will I need to prepare an SPCC Plan for my farm?
A list of
the oil containers at the farm by parcel (including the
contents and location of each container);
description of the procedures that you will use to
prevent oil spills. For example, steps you use to
transfer fuel from a storage tank to your farm vehicles
that reduce the possibility of a fuel spill;
description of the measures you installed to prevent oil
from reaching water.
description of the measures you will use to contain and
cleanup an oil spill to water; and
A list of
emergency contacts and first responders.
What spill prevention
measures are required to be in my SPCC plan
containers suitable for the oil stored. For example, use
a container designed for flammable liquids to store
Identify contractors or other local personnel who can
help you clean up an oil spill;
Provide overfill prevention for your oil storage
containers. You could use a high-level alarm or audible
vent or establish a procedure to fill containers;
Provide effective, sized secondary containment for bulk
storage containers, such as a dike or a remote
impoundment. The containment must be able to hold the
full capacity of the container plus possible rainfall.
The dike may be constructed of earth or concrete. A
double-walled tank may also suffice;
Provide effective, general secondary containment to
address the most likely discharge where you transfer oil
to and from containers and for mobile refuelers, such as
fuel nurse tanks mounted on trucks or trailers. For
example, you may use sorbent materials, drip pans or
curbing for these areas; and
Periodically inspect and test pipes and containers. You
should visually inspect aboveground pipes and inspect
aboveground containers following industry standards. You
must “leak test” buried pipes when they are installed or
repaired. EPA recommends you keep a written record of
Where can I
get more information?
here or call the EPA Oil Information Center at (800)
424-9346. Farmers should also contact their local farm
bureau or co-op for more information.
Finally, many farmers are under the mistaken belief that
their fuel supplier is responsible for bringing their farm
tanks into compliance with SPCC. This is not the case. The
EPA rule requires the “owner or operator of the facility”
(in this case the farm) to comply with SPCC. Of course, if
the tank located at the farm is a skid tank owned by the
fuel supplier, then the responsibility for SPCC compliance
could arguably reside with the supplier and not the farmer –
unless responsibility for compliance is assigned to the
farmer through a supply contract or other written agreement
in which case the farmer will not likely remain a customer
But, the general standard for the industry is for skid tank
owners to make their tanks fully compliant with all
regulations before deploying them for service in the field.
It is also important to note there is no specific delivery
prohibition in the federal regulations preventing marketers
from placing product in a farm tank that is not SPCC
compliant. The farmer remains legally responsible for spills
from the tank not caused by the negligence of the supplier.
AND MORE NEW ITEMS FOR THE MAY 15 SILENT AUCTION!
Get ready for a fun evening at the PMAA DC conference
welcome reception next week! In addition to catching up with
your friends and colleagues, you will have the opportunity
to bid on many fantastic items that will be in the PMAA
Small Business Committee (SBC) PAC Silent Auction.
PMAA PAC Co-Chair Gerry Ramm and Doug Alexander have donated
a BIG SKY Ski or Summer VACATION in Montana. Enjoy skiing at
the best not-so-well-known ski area in the country, where
lift lines are non-existent and the snow runs deep!! Enjoy
three nights / four days at the luxury Black Eagle condo
located in The Mountain Village, Big Sky Resort, Montana.
Black Eagle is a ski-in, ski-out complex and is about 200
yards from all the resort facilities. This area is also
known for summer fun. Summer attractions include hiking,
fly-fishing and white river.
Furthermore, PMAA Past Chairman, Stanley Roberts has donated
multiple items that are certain to garner attention and
bidding. First, a Scrimshaw collection bone box, hand
crafted from ox bone and featuring an intricate sperm whale
carving along with the year 1793. Featuring elegant brass
details and a green felt lining, this hinged nautical box is
ideal for holding your treasures or as a gift for a sea
lover, history buff or anyone that appreciates art when they
see it. Second, a Camillus Cutlery two blade pocket knife
that is perfect for camping, fishing, tactical activities or
Third, a Tunisian fish platter formed at a small ceramic
studio in Nabeul, Tunisia, where red earthenware clay is
formed by hand, fired to create a “bisque,” and then painted
entirely freehand, without the use of decals or machines.
Finally, Stanley has contributed a must read for history
buffs, The War of 1812 & The Rise of the U.S. Navy by
Mark Collins Jenkins, David Taylor with a foreword by
Gene Inglesby and WPMA contributed two Brighton Collection
Handbags designed from the highest quality materials, with a
focus on the smallest details – assuring that each piece you
wear will be as functional as it is fashionable. Any woman
will fall in love with a Brighton Collection Handbag!
PMAA also appreciates Jay McKeeman of the California
Independent Oil Marketers Association for contributing his
“No-Girly-Man BBQ Set.” No back yard or campground cooking
area is complete without Danger Men Cooking accoutrements:
the “Happy Hooker” BBQ Tool, marinade pan and “Messy Finger
Device.” Also included are wine barrel chunks from McNab
Ridge Winery/Refinery. Throw a couple on the coals, slap the
lid on and you have a great wine/oak smoke infusion. Find
Jay’s favorite Tri Tip recipe and Uncle Jay concoction - you
will impress your guests with a total outdoor cooking
As already reported, Reed Rinehart of McNab Ridge Wine
Company (California) has contributed a generous assortment
of McNab autographed wines for the auction. The McNab Family
Reserve designation is granted only to vineyards of
distinction-the fruit stands out the moment it arrives at
the winery and Reed has contributed four of his best. First,
a 2009 Oakville NAPA Valley Cabernet Sauvignon chosen from
Sangiacomo Vineyards in Oakville. The 2009 had plentiful
spring rains resulting in small berries with deeply
concentrated flavors. Summer was consistently cool which
allowed for slow steady ripening providing hints of
blackberry, dark chocolate and roasted nuts. Second, a 2009
Dry Creek Valley Sonoma County Cabernet Sauvignon: The
grapes for this cabernet were hand-selected and harvested
from Lago di Merlo Vineyards in the Dry Creek Valley of
Sonoma County. The cabernet was grown in well-drained
volcanic and uplifted shale on Dry Creek Valley hillsides.
The 2009 vintage started out with a dry spring that was mild
enough to ward off frost.
The third bottle is a 2009 Mendocino Cabernet Sauvignon.
Rich Parducci selected grapes from two neighboring
vineyards: Charter Oak Vineyards on the west bank of the
Russian River and Largo Ridge Vineyards directly to the east
of the river. Finally, a 2009 Cabernet Sauvignon Trio
consisting of a blend of three appellations, the components
were each harvested, crushed, fermented and barrel-aged
separately. The trio provides classic cabernet aromas, soft
and smooth entry, and supple mid-palate and dark fruit
Marketers from the Utah Association have contributed an Alto
Ski Resort Day Package for two! Ski the Greatest Snow on
Earth! You and a companion will be hosted by John Hill,
UPMRA State Director, for a day of skiing at Alta Ski
Resort, Utah. The package includes two ski passes to Alta
Ski Resort, lunch at Watson’s Shelter with Alta 75th
Anniversary Ale, and John Hill as your personal mountain
tour guide for the day.
Vermont oil marketers contributed exquisite Silver Forest
Hand Crafted Earrings. Silver Forest creates wearable art
that incorporates natural elements, ancient cultures and a
subtle sense of humor in their designs!
Tennessee oil marketers also contributed handmade jewelry,
two unique pieces made by artisans in Nashville. The ring is
amethyst and white topaz set in 24k gold over sterling. The
earrings are hammered 18k gold over sterling silver and
amethyst with 14K gold filled earwires.
North Dakota marketers contributed a TUMI wheeled carry-on
garment bag that is made from durable, high performance NXT
nylon fabric and has many interior and exterior pocket, a
telescoping handle and two-wheel system. The TUMI carry-on
bag can be useful during your trip back home from DC as you
can place your additional silent auction purchases in the
Of course the Washington oil marketers contributed the first
silent auction item for 2013, a diamond necklace and diamond
earrings!. The diamond hoop style earrings feature 1/6 carat
total weight round brilliant diamonds set in a gorgeous
sterling silver design. The fabulous cuff style bracelet
features 1/4 carat total weight round brilliant diamonds set
in a gorgeous sterling silver design.
The auction will take place in conjunction with PMAA’s
Washington Conference on May 15 during the welcome
For the past several years there has been tremendous support
in contributions for the auction and PMAA SBC PAC Co-Chairs
Gerry Ramm and Michael Fields urge your participation again
this year! If you have items that you would like to
contribute for the Silent Auction, please contact
Sabrina Pitcher or
BIODIESEL WEBINAR OFFERED
The Renewable Fuel Standard (RFS2) along with the
Biodiesel Mixture Credit has helped spur increases
in biodiesel volumes and they are expected to
continue to increase in 2013. The foundation upon
which the national biodiesel industry has been built
involves the ASTM fuel specifications of D6751,
D975, and D7467 and the national biodiesel
accreditation program, BQ-9000. To qualify within
the RFS-2, biodiesel or blends (e.g., B5, B20, etc.)
must meet strict fuel quality specifications
starting with production through retail delivery and
use which directly involves petroleum distributors
and their infrastructure. Therefore, distributors
need to be sure the biodiesel they purchase and
retail meets all current specifications.
The focus of this national webinar will be to 1)
provide a quick overview of the biodiesel industry
in 2013 and moving forward, 2) review critical
points in the biodiesel fuel supply chain with
respect to maintaining fuel quality, 3) present the
most current information on the latest ASTM
biodiesel fuel specifications and BQ-9000, and 4)
discuss and state-level actions regarding biodiesel
For more information, please contact Richard Nelson
National Biodiesel Board, a PMAA Platinum
Partner, looks forward to you joining them on this
webinar and the opportunity to answer your
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