Mo. Code Regs. tit. 10 § 26-2.011

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 26-2.011 - Interim Prohibition for Deferred Underground Storage Tank Systems

PURPOSE: There are two (2) primary purposes for this rulemaking. The first is to open UST rules in Title 10, Division 26 of the Code of State Regulations to make the necessary changes required by the U.S. Environmental Protection Agency (EPA). The 2005 Energy Policy Act required either financial responsibility for UST installers and manufacturers or secondary containment for all new systems. In addition, last October, EPA adopted changes to the federal UST regulations that need to be incorporated into state regulation. This rule-making will make the necessary changes to comply with these EPA grant requirements and to incorporate the changes made to the federal regulations.

The second reason is to incorporate state-specific changes. The proposed changes would better ensure that old tanks are still functional enough to remain in use. The changes would better prevent and detect leaks, establish clearer and more detailed new system installation requirements, outline the requirements for new USTs at marinas, and incorporate new technologies. The department will also take this opportunity to clarify ambiguous or confusing language and update industry standard referenced in the regulations.

(1) No person may install an underground storage tank (UST) system listed in 10 CSR 26-2.010(3) for the purpose of storing regulated substances unless the UST system (whether of single or double wall construction)

(A) Will prevent releases due to corrosion or structural failure for the operational life of the UST system;

(B) Is cathodically protected against corrosion, constructed of noncorrodible material, steel-clad with a noncorrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and

(C) Is constructed or lined with material that is compatible with the stored substance.

10 CSR 26-2.011

AUTHORITY: section 319.105, RSMo 2000 and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.011. Original rule filed April 2, 1990, effective 9/28/1990. Moved and amended: Filed April 15, 2011 , effective 12/30/2011 .

Amended by Missouri Register April 17, 2017/Volume 42, Number 08, effective 5/31/2017

*Original authority: 319.105, RSMo 1989 and 319.137, RSMo 1989, amended 1993, 1995, 2004.