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Oil Pollution Prevention; Spill Prevention, Control and Countermeasure Plan Requirements - Amendments

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Agricultural Retailers Association filings
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Agricultural Retailers Association filed 1 comment on this docket between Feb 10, 2006 and Feb 10, 2006. 68 other organizations filed here. The comment window closed 7473d ago.

What Agricultural Retailers Association filed (1)

Feb 10, 2006· Comment submitted by James D. Thrift, Agricultural Retailers Association (ARA)· EPA-HQ-OPA-2005-0001-0048

Agricultural Retailers Association 1156 15TH ST NW Suite # 302 Washington, DC 20005 Mr. Craig Matthiessen, P.E. Senior Chemical Engineer Environmental protection Agency Chemical Emergency Preparedness And Prevention Office 1200 Pennsylvania Ave, NW Washington, DC 20460 February 8, 2006 RE: Oil Pollution Prevention; Non-Transportation Related Onshore Facilities; Proposed Rule Docket No. EPA-HQ-OPA-2005-0001 Dear Mr. Matthiessen, On behalf of the Agricultural Retailers Association (ARA), which represents the retail and distribution sector of the US agricultural industry, we are submitting comments concerning the Environmental Protection Agency?s proposed SPCC rules for agribusiness operations given the uncertainty that surrounds the applicability of the 1973 rule [FR Dec. 11, 1973, Vol. 38, No. 237, Parts I & II] for both farms and agribusiness. The ARA has worked very close with the agriculture coalition and in good faith with the EPA for three years - since the promulgation of the 2002 rule. The current EPA proposal brings in segments of the U.S. agricultural industry that have an excellent spill record and pose no significant environmental threat. In light of this fact and that the original rule did not intend to cover farms and other agribusiness; we urge that farms and agribusiness should be exempt from any final rule issued by your agency. An ARA document was sent to EPA docket number 2004-0007 on November 19, 2004 detailing survey results that clearly indicate a very low agribusiness facility spill rate of .0039%. The oil spill rate for all of agriculture including farmers and agribusiness is extremely low when compared to facilities that do not fit the Small Business Administration?s definition of a small business. Our industry has and continues to be located in America?s farming heartland generally located long distances from major navigable waterways. Because our agribusiness facilities are already highly regulated by EPA, and additional federal agencies as well as state and local governments; we strongly believe that further regulation of our business segment will serve no practical purpose and is not in the best interest of the public good. Farms and agribusiness? are closely tied together as farmers use agribusinesses, specifically chemical and fertilizer retailers as part of their outsourcing team so they can better spread their work load during the critical planting and harvesting time periods. To assist you with your definition of an agribusiness, I have attached the definition for Ag retailer used in Senators Roberts and Nelson's "Agricultural Business Security Tax Credit Act of 2005" (S. 2052); we believe that this can serve as a good definition for SPCC purposes. Thank you for the opportunity to comment. If you need additional information or have questions regarding ARA?s comments, please contact me by phone at (202) 457-0825 or by email at jthrift@aradc.org. Sincerely, James D. Thrift VP, Regulatory Policy & Corporate Relations This is the definition for Ag retailer used in Senators Roberts and Nelson's "Agricultural Business Security Tax Credit Act of 2005" (S. 2052); we believe that this can serve as a good definition for SPCC purposes also. Eligible Agricultural Business- For purposes of this section, the term `eligible agricultural business' means any person in the trade or business of-- ` (1) selling agricultural products, including specified agricultural chemicals, at retail predominantly to farmers and ranchers, or ` (2) Manufacturing, formulating, distributing, or aerially applying specified agricultural chemicals. ` (f) Specified Agricultural Chemical- For purposes of this section, the term `specified agricultural chemical' means-- ` (1) any fertilizer commonly used in agricultural operations which is listed under-- ` (A) Section 302(a) (2) of the Emergency Planning and Community Right-to-Know Act of 1986, ` (B) section 101 of part 172 of titl…

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Abstract

Contact: Vanessa Rodriguez, OSWER/OEM/RPDD, 202-564-7913, 5104A, HQ.

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Oil Pollution Prevention; Spill Prevention, Control and Countermeasure Plan Requirements - Amendments (EPA) — Agricultural Retailers Association | OpenPolis