7/29/2019 Letter Opposing Inhofe Amendment (SA29) on FY13 Continuing Resolution (H.R.933)

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NATURAL RESOURCES DEFENSE COUNCIL SIERRA CLUB EARTHJUSTICEMarch 14, 2013

Dear Senator:

On behalf of the Natural Resources Defense Council, the Sierra Club, and Earthjustice, we write to urgeyou to oppose an amendment to the Senate's continuing resolution providing appropriations for the

remainder of Fiscal Year 2013. This amendment cuts off funding to implement or enforce legal

requirements that help guard against oil spills and require plans to address spills that occur. Moreover,

this amendment has nothing to do with saving money, and will not do so.

We understand that Senator Inhofe intends to offer an amendment (SA 29) that would prohibit the

Environmental Protection Agency from using funds to implement or enforce the oil spill prevention,

control, and countermeasure rules for any facility considered a farm under those regulations. There are

several reasons why the Senate should reject this amendment.

First, oil is no less harmful to waterways and the wildlife that depends on the nation's waters if it happensto be spilled on a farm. It is common sense that any facility located such that a spill could reasonably

reach waterways and cause harm -- including farms -- should take steps to prevent spills and plan to

respond to those that occur.

Second, farms already have been given significant flexibility. Farms had an extended period of time to

comply with changes to the applicable rules; other facilities have been subject to these requirements since

2010 or 2011, whereas farms are due to comply this May. The rules also provide flexibility in developing

plans for certain operations with smaller storage volumes and a good history with respect to spills. And,

if farms experience hardship in meeting the May deadline, individual extensions are possible.

Third, this amendment is written so broadly that it would appear to apply to farms that have long been inviolation of existing spill prevention regulations, preventing EPA enforcement of these provisions even

for facilities currently violating clean water requirements.

Finally, this amendment would hurt farmers. The regulations are in effect and require compliance in the

near future. By prohibiting EPA from implementing these rules, the amendment could bar the agency

from providing compliance assistance to farmers seeking to understand and meet the rule's requirements.

For these reasons, we hope you will vote to retain common sense protections that help prevent and

mitigate oil spills to America's waterways. Please vote no on this reckless amendment.

Sincerely,

Jon Devine Ed Hopkins

Senior Attorney, Water Program Director, Environmental Quality Programs

Natural Resources Defense Council Sierra Club

Marty Hayden

Vice President of Policy and Legislation

Earthjustice