Mo. Code Regs. tit. 10 § 26-2.019

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

Section 10 CSR 26-2.019 - New Installation Requirements

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) Any installer who intends to install an underground storage tank (UST) or piping associated with a UST system for storage of a regulated substance must, at least fourteen (14) days before installing the tank or before piping replacement, notify the department by approved form transmitted via email of intent to install a UST, except that this fourteen (14) day notice requirement may be waived by the department when a release is suspected or in other similarly urgent circumstances. The notification must provide the tank owner's name, installer name, the name and location of the facility where the UST or piping will be installed, the date that the installation is expected to commence, the date that the tank is expected to be brought in use, UST system information, including tank material, size, manufacturer, piping material, piping type, and manufacturer, release detection equipment, and spill and overfill equipment. The installation notice is valid for one hundred eighty (180) days from receipt by the department and only for the UST system(s) listed on the notice. If installation does not commence within one hundred eighty (180) days of the date on which the department received the notice, a new installation notice must be submitted prior to commencing installation activities.

(2) Installers must document compliance with all manufacturer certification or training requirements for tank, piping, release detection equipment, and spill and overfill equipment installed.

(3) Installers and manufacturers must be properly registered with the Missouri Department of Agriculture and have a current financial responsibility mechanism that complies with the requirements of 2 CSR 90-30.085.

(4) Prior to installation of an underground tank and/or UST system piping intended to be used for storage of a regulated substance, the tank and/or piping must be tested, inspected, and measured in accordance with the manufacturer's requirements and in accordance with the pre-installation inspection, testing, and/or backfilling sections of either-

(A) American Petroleum Institute's Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, fifth edition, 2011. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the American Petroleum Institute, 1220 L Street N W, Washington, DC 20005, (202) 682-8000, www.api.org/standards/; or

(B) Petroleum Equipment Institute's Recommended Practice 100-2011, Installation of Underground Liquid Storage Systems, 2011 edition. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Petroleum Equipment Institute, Box 2380, Tulsa, OK 74101-2380, (918) 494-9696, www.pei.org.

(5) Tanks, piping, and equipment must comply with the new system requirements in 10 CSR 26-2.020. Installations shall be conducted in accordance with all manufacturers' requirements and in accordance with either-

(6) When a new UST system is installed at a marina, the installer must comply with the Petroleum Equipment Institute's Recommended Practice 1000-2014, Recommended Practices for the Installation of Marina Fueling Systems, 2014 Edition or an alternative procedure approved by the department. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Petroleum Equipment Institute, Box 2380, Tulsa, OK 74101-2380, (918) 494-9696, www.pei.org.

(7) Should one (1) or more of a manufacturer's requirements contradict the recommended industry practice(s), the manufacturer's requirements shall be followed. Backfill materials must meet tank and piping manufacturers' specifications.

(8) The tank and piping system must pass a one-tenth (0.1) gallon/hour system tightness test before the system is brought in-operation. The tank tightness test must be-

(A) A tank tightness test method listed and conducted in accordance with the National Work Group on Leak Detection Evaluations certificate. To obtain a copy, download the appropriate certificate from www.nwglde.org; or

(B) A one-tenth (0.1) gallon/hour third party certified test conducted using the automatic tank gauge with the tank at least ninety-five percent (95%) full.

(9) For tank system installations on or after July 1, 2017, before the UST system is brought in-operation-

(A) Spill and overfill prevention equipment must be tested in accordance with 10 CSR 26-2.030;

(B) Secondary containment sumps must be tested in accordance with 10 CSR 26-2.035; and

(C) All release detection equipment must be operability tested in accordance with 10 CSR 26-2.040 and 10 CSR 26-2.048.

(10) All new tanks must be tied down. Tie-down straps must meet the manufacturer's design specifications and be installed in locations and at a frequency prescribed by the manufacturer.

(11) Until the installation is complete and the system is released by the installer to the owner/operator, the tank shall be monitored for leaks daily by using either-

(A) An approved release detection method, in accordance with 10 CSR 26-2.043; or

(B) Daily Inventory Liquid Measurements. Upon completion of initial post-installation tightness testing, daily measurements are based on the average of two (2) consecutive stick readings. A variation of no greater than twenty-six (26) gallons per week is allowed. Any suspected release, alarm, or inconclusive or failure result from these release detection methods must be reported and investigated in accordance with 10 CSR 26-2.050.

(12) Upon the department's discovery of an installation that is not in compliance with the requirements of this rule, the department's authorized representative may require that the installation remain open and uncovered, or that no additional UST system work be conducted, until-

(A) The manufacturer approves the installation that deviates from their written guidelines, specifications, and instructions;

(B) The owner approves the installation; and

(C) The department approves the installation.

(13) Any equipment repairs necessary during the installation must be manufacturer certified or approved, with supporting written documentation from the manufacturer.

(14) Certification of Installation. All installers must ensure that one (1) or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with this rule by providing a certification of compliance:

(A) The installation has been inspected and approved by the department;

(B) All work listed in the manufacturer's installation checklists has been completed and submitted to the department; or

(C) The installer has complied with another method for ensuring compliance with this rule that is pre-approved by the department to be no less protective of human health and the environment.

10 CSR 26-2.019

AUTHORITY: sections 319.105, RSMo 2000.* Original rule 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.