The following is from the EPA website. On October 18, 2011, the U.S. EPA amended the date by which farms must prepare or amend and implement their Spill Prevention, Control, and Countermeasure (SPCC) Plans, to May 10, 2013.

 An overwhelming segment of the continental United States was affected by flooding during the spring and summer of 2011. Other areas were impacted by devastating fires.  Many counties in many states were declared disaster areas by either the federal or state government or both. As a result, EPA believes that because of their unique nature farms were disproportionately affected and need additional time to prepare and implement a Spill Prevention, Control, and Countermeasure Plan.

 The amendment does not remove the regulatory requirement for owners or operators of farms in operation before August 16, 2002, to maintain and continue implementing an SPCC Plan in accordance with the SPCC regulations then in effect. Such farms continue to be required to maintain plans during the interim until the applicable compliance date for amending and implementing the amended Plans. Finally, the amendment does not relieve farms from the liability of any oil spills that occur.

Once again… this extension does not pertain to farmers who were farming prior to 2002. EPA is still expecting them to have the plan in place now, with the extension pertaining only to changes that have been made in the regulation throughout the years of its existence. Roxanne Johnson, NDSU Extension Water Quality Associate, suggests that you write the plan up and get the work done ASAP. You can give an approximate date of when they will have the groundwork completed.

 Ken Hellevang has revised the secondary containment document.  There were some questions raised about elevated tanks on clay soils and I think this clarifies the Steel Tank Institutes guidelines. Briefly, if you have an elevated tank with a liner, concrete, or good clay soil to contain the fuel and prevent a spill from percolating through the soil it will be considered a Category 1.  

This link will take you to the document   http://miv.ext.nodak.edu:8004/misc-sites/waterquality/documents/111107Secondary%20Containment2%20Nov%202011.pdf

We have heard that some engineering firms are now charging anywhere from $4,000 to $12,000 for the Tier III plan. One of the EPA inspectors told Roxanne he is trying to get EPA to move on everyone only needing the Tier I form to get away from the inflated prices on some of these. We will see what happens!