Mo. Code Regs. tit. 10 § 26-2.020

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

Section 10 CSR 26-2.020 - Performance Standards for New 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 requirements, 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) In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the underground storage tank (UST) system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements:

(A) Tanks. Each tank must be properly designed and constructed, and any portion underground that routinely contains a regulated substance must be protected from corrosion, in accordance with a code of practice developed by a nationally-recognized association or independent testing laboratory as specified in paragraphs 1. through 5. of this subsection. In addition, all new or replaced tanks where installation began on or after July 1, 2017, must be double-walled in accordance with paragraph 5. of this subsection-

1. The tank is constructed of fiberglass-reinforced plastic and complies with-

A. Underwriters' Laboratories Standard 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohol and Alcohol-Gasoline Mixtures, revised 2006. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Underwriters' Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096, (847) 272-8800, www.ul.com; or

B. Other standards or publications approved by the department; or

2. The tank is constructed of steel and cathodically protected in the following manner:

A. The tank is coated with a suitable dielectric material;

B. Field-installed cathodic protection systems are designed by a corrosion expert;

C. Impressed current systems are designed to allow determination of current operating status as required in 10 CSR 26-2.031(1)(C);

D. Cathodic protection systems are operated and maintained in accordance with 10 CSR 26-2.031 or according to guidelines established by the department; and

E. The following codes and standards may be used to comply with paragraph (1)(A)2. of this rule:

(I) Steel Tank Institute Specification for STI-P3 System of External Corrosion Protection of Underground Steel Storage Tanks, revised 2010. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com;

(II) Steel Tank Institute Standard F841, Standard for Dual Wall Underground Steel Storage Tanks, revised 2006. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com;

(III) Underwriters' Laboratories Standard 1746, Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks, revised 2007. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Underwriters' Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096, (847) 272-8800, www.ul.com;

(IV) NACE International RP 0285-2002, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, revised 2002. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact NACE International, Box 218340, Houston, TX 77218-8340, (713) 492-0535, www.nace.org;

(V) Underwriters' Laboratories Standard 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, revised 1998. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Underwriters' Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096, (847) 272-8800, www.ul.com; or

3. The tank is a composite tank with a steel inner tank and a non-metallic external thick film coating or the tank is a steel inner tank constructed with a non-metallic external jacket forming a secondary wall. Either of these tanks shall comply with one (1) of the following industry codes:

A. Underwriters' Laboratories Standard 1746, Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks, revised 2007. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Underwriters' Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096, (847) 272-8800, www.ul.com;

B. Steel Tank Institute's ACT-100, Specification for External Corrosion Protection of FRP Composite Steel USTs (F894), revised June 2010. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com;

C. Underwriters' Laboratories Standard 58, Standard for Safety for Steel Underground Storage Tanks for Flammable and Combustible Liquids, revised 1998. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Underwriters' Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096, (847) 272-8800, www.ul.com;

D. Steel Tank Institute's ACT-100-U, Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks, F961, June 2010. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com; or

E. Steel Tank Institute's Specification F922, Steel Tank Institute Specification for Permatank, revised 2013. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com; or

4. The tank construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than paragraphs (1)(A)1.-3. of this rule;

5. Tanks installed on or after July 1, 2017, must be double-walled. A double-walled tank is a tank within a tank, where the outer walls and inner walls are separated, the inner tank is contained within the outer tank to a minimum of ninety-five percent (95%) containment and has an interstitial space capable of being monitored;

(B) Piping. The piping that routinely contains regulated substances and is in contact with an electrolyte, including but not limited to, soil, backfill, and/or water, must be properly designed, constructed, and protected from corrosion as specified in paragraphs 1. through 4. of this subsection. In addition, all new piping systems where installation began on or after July 1, 2017, must be double-walled in accordance with paragraph 5. of this subsection. If more than fifty percent (50%) of any tank system's piping is replaced within any twelve (12) month period, the entire piping run must be double-walled in accordance with paragraph 5.

1. The piping is constructed of an approved, non-corrodible material.

2. The following codes and standards may be used to comply with paragraph (1)(B)1. of this rule:

A. Underwriters' Laboratories Standard 971, UL Listed Nonmetallic Underground Piping for Flammable Liquids, revised 2006. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Underwriters' Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096, (847) 272-8800, www.ul.com; and

B. Underwriters' Laboratories Standard 567, Emergency Breakaway Fittings, Swivel Connectors and Pipe Connection Fittings for Petroleum Products and LP-Gas, revised 2003. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Underwriters' Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096, (847) 272-8800, www.ul.com.

3. After July 1, 2017, metal piping may not be installed unless it is completely enclosed within a containment sump, except existing flexible connectors may be replaced without a containment sump if the new flexible connector is protected from corrosion by isolating it from the backfill using a manufacturer-approved isolation boot or protecting the connector from corrosion in accordance with this paragraph. For existing piping, the piping is constructed of steel and cathodically protected in the following manner:

A. The piping is coated with a suitable dielectric material;

B. Field-installed cathodic protection systems are designed by a corrosion expert;

C. Impressed current systems are designed to allow determination of current operating status as required in 10 CSR 26-2.031(1)(C);

D. Cathodic protection systems are operated, inspected, and maintained in accordance with 10 CSR 26-2.031; and

E. The codes and standards in 10 CSR 26-2.031(2) may be used to comply with paragraph (1)(B)3. of this rule.

4. The piping construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in paragraphs (1)(B)1.-3. of this rule.

5. After July 1, 2017, new or replaced piping must be double-walled piping, except for any single wall fittings or ends, which must be open to a leak-tight containment sump(s), except for safe suction piping that meets the requirements of 10 CSR 26-2.041(1)(B) 2.A. through E.;

(C) Spill and Overfill Prevention Equipment.

1. Except as provided in paragraph (1)(C)2. of this rule, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must use the following spill and overfill prevention equipment:

A. Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin). All delivery hose-fill pipe connections must be tight, lock-on connections; and

B. Overfill prevention equipment that will-

(I) Automatically shut off flow into the tank when the tank is no more than ninety-five percent (95%) full;

(II) Alert the transfer operator with a high-level alarm at least one (1) minute before overfilling with an alarm audible in the delivery area; or

(III) Alert the transfer operator when the tank is no more than ninety percent (90%) full by restricting flow into the tank.

(a) Ball float valves may only be used in tank systems with gravity deliveries, in suction systems if there are no check valves, except those contained within a building, and the tank system is tight so that it does not allow vapors to be released during a delivery after the ball float valve has closed.

(b) Ball float valves are not approved for use as overfill prevention equipment in new tank systems installed after December 31, 2011.

(c) When an overfill prevention device is replaced after July 1, 2017, a ball float valve may not be used.

(IV) For pressurized deliveries, overfill prevention equipment must be compatible and approved for use with pressurized deliveries;

C. All spill and overfill prevention equipment must be installed, inspected, maintained, and replaced in accordance with 10 CSR 26-2.030.

2. Owners and operators are not required to use the spill and overfill prevention equipment specified in paragraph (1)(C)1. of this rule if-

A. Alternative equipment is used that is determined by the department to be no less protective of human health and the environment than the equipment specified in subparagraph (1)(C)1.A. or B. of this rule; or

B. The owner or operator submits a written explanation that the equipment cannot be used for the UST system and their detailed fuel-delivery plan, documenting that their delivery procedures prevent spills and overfills; or

C. The UST system is filled by transfers of no more than twenty-five (25) gallons at one (1) time;

(D) For new or replaced tanks or piping systems installed after July 1, 2017, containment sumps must be installed at each tank top suction piping or submersible turbine pump connection, each piping transition, ball valve, or single-walled fitting location, and under each dispenser. The containment sump must be liquid-tight on its sides, bottom, and at any penetrations, with interstitial monitoring in accordance with 10 CSR 26-2.043(1)(H) and sump testing in accordance with 10 CSR 26-2.035;

(E) Dispenser Systems. Any new dispenser system installed after July 1, 2017, must have a containment sump beneath it.

1. A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed or replaced at a UST facility. The equipment necessary to connect the dispenser to the UST system includes check valves, shear valves, unburied risers and flexible connectors, and other transitional components that are underneath the dispenser and connect the dispenser to the underground UST system piping.

2. Under-dispenser containment must be liquid-tight on its sides, bottom, and at any penetrations and must allow for visual inspection and access to the components in the containment sump and be tested or monitored for leaks from the dispenser system in accordance with 10 CSR 26-2.035;

(F) Installation. All tanks and piping must be properly installed in accordance with a code of practice developed by a nationally-recognized association or independent testing laboratory, in accordance with all manufacturers' instructions, and in accordance with 10 CSR 26-2.019. Tank and piping system installation practices and procedures described in the following codes of practice may be used to comply with the requirements of this rule:

1. American Petroleum Institute Publication 1615, Installation of Underground Petroleum Storage System, revised 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 NW, Washington, DC 20005, (202) 682-8000, www.api.org/standards/; or

2. Petroleum Equipment Institute Publication RP100, Recommended Practices for Installation of Underground Liquid Storage Systems, revised 2011. 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.

10 CSR 26-2.020

AUTHORITY: sections 319.105 and 319.107, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.020. 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; 319.107, RSMo 1989, amended 1994; and 319.137, RSMo 1989, amended 1993, 1995, 2004.