Mo. Code Regs. tit. 10 § 26-2.021

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

Section 10 CSR 26-2.021 - Upgraded 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 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.

PURPOSE: This rule contains requirements for UST systems that were in use on December 22, 1998, and were upgraded with release prevention equipment.

(1) Alternatives Allowed. All underground storage tank (UST) systems which are in-use must comply with one (1) of the following requirements:

(A) New UST system performance standards in 10 CSR 26-2.020; or

(B) The upgrading requirements in sections (3)-(5) of this rule.

(2) Any UST which was not permanently closed by being removed or filled with an inert, solid material before December 22, 1988, and that does not meet the requirements of section (1) shall be permanently closed in accordance with the requirements in 10 CSR 26-2.060 through 10 CSR 26-2.064. If the UST was taken out of operation by August 28, 1989, but is still in the ground, the person or party responsible for permanently closing the UST is/are the person(s) who owned the UST immediately before the discontinuation of its use.

(3) Tank Upgrading Requirements. Tanks must be upgraded to meet one (1) of the following requirements in accordance with a code of practice developed by a nationally-recognized association or independent testing laboratory:

(A) Interior lining or Tank Retrofit. A tank may be upgraded by internal lining or retrofit if-

1. The lining is installed in accordance with the requirements of 10 CSR 26-2.033 and the lining or retrofit meets the following additional requirements:

A. All linings installed or repaired on or after January 1, 2020, must meet the design specifications of Underwriters Laboratories (UL) 1856 Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems requirements;

B. Inspections and repairs must be conducted by a technician who is properly certified by NACE International or International Code Council (ICC);

C. The lining or retrofit is installed according to manufacturer installation requirements;

D. An approved national code or standard, including those listed in section (7) of this rule, is followed;

E. For fiberglass-reinforced plastic tanks, all linings must be approved by the tank manufacturer and installed in accordance with the tank manufacturer's requirements. If the tank manufacturer is no longer available or willing to repair the tank, the tank may be lined in accordance with-

(I) The manufacturer's requirements, or

(II) The Fiberglass Tank & Piping Institute T-95-1. Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks, Revised 1995. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Fiberglass Tank and Piping Institute, http://www.fiberglasstankandpipe.com; and

(III) By a technician who is properly certified by NACE International, International Code Council (ICC), or the American Composites Manufacturers Association;

F. All linings must be installed, inspected, repaired, and maintained in accordance with one (1) of the following:

(I) For UL 1856 Lining systems, single-walled, co-structural systems and linings installed prior to January 1, 2020:

(a) A lining may only be repaired if the steel tank passes an integrity test, including actual steel shell thickness readings. Approved integrity test methods are included in section (7) of this rule;

(b) A replacement lining may only be installed if the new lining meets the UL 1856 specifications and the steel tank passes an integrity test, including actual steel shell thickness readings. Approved integrity test methods are included in section (7) of this rule;

(c) The lining must be internally inspected at least every five (5) years and found to be structurally sound with the lining still performing in accordance with the original design specifications;

(II) For UL 1856 Upgrade systems, double-walled, co-structural systems:

(a) A lining may only be installed or repaired if the steel tank passes an integrity test, including actual steel shell thickness readings. Approved integrity test methods are included in section (7) of this rule; and

(b) The lining must be internally inspected at least every five (5) years and found to be structurally sound with the lining still performing in accordance with the original design specifications; or

(c) The interstitial lining space is electronically monitored, with passing sensor status reports for the most recent twelve (12) months, in accordance with 10 CSR 26-2.043 subsection (1)(H);

(III) For UL 1856 Structural systems, double-walled, self-structural systems-

(a) The lining must be internally inspected at least every five (5) years and found to be structurally sound with the lining still performing in accordance with the original design specifications; or

(b) The interstitial lining space is electronically monitored, with passing sensor status reports for the most recent twelve (12) months, in accordance with 10 CSR 26-2.043 subsection (1)(H);

G. All interior lining inspection reports must include photographs of the tank bottom, a representative tank side wall and a representative tank end, and documentation of the interior lining hardness and thickness readings, in accordance with the evaluation guidance document used;

(B) Cathodic Protection. A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of the performance standards for new UST systems in 10 CSR 26-2.020(1)(A) 2.B.-D. and the integrity of the tank is ensured using one (1) of the following methods:

1. The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system. Structural integrity evaluations must include steel shell thickness readings and confirmation that the steel shell does not have any holes or perforations. Approved integrity test methods are included in section (7) of this rule;

2. The tank has been installed for less than ten (10) years and is monitored monthly for releases in accordance with release detection methods in 10 CSR 26-2.043(1)(E)-(I);

3. The tank has been installed for less than ten (10) years and is assessed for corrosion holes by conducting two (2) tightness tests that meet the requirement of release detection method in 10 CSR 26-2.043(1)(D). The first tightness test must be conducted prior to installing the cathodic protection system. The second tightness test must be conducted between three and six (3-6) months following the first operation of the cathodic protection system; or

4. The tank is assessed for corrosion holes by a method that is determined by the department to prevent releases in a manner that is no less protective of human health and the environment than paragraphs (3)(B)1.-3. of this rule; and

(4) Piping Upgrading Requirements. Metal 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 cathodically protected and must meet the requirements of 10 CSR 26-2.020(1)(B) 3.B.-E.

(5) Spill and Overfill Prevention Equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems must comply with new UST system spill and overfill prevention equipment requirements specified in 10 CSR 26-2.020(1)(C) and 10 CSR 26-2.030.

(6) Dispenser Systems. Any new dispenser installed after July 1, 2017, must have a containment sump beneath it, in accordance with 10 CSR 26-2.020(1)(E).

(7) The following codes and standards may be used to comply with this rule:

(A) American Petroleum Institute Standard 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks, revised 2001. 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/;

(B) 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;

(C) American Petroleum Institute Publication 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, revised 2002. 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/;

(D) American Society for Testing and Materials G158-98 (2010) Standard Guide for Three Methods of Assessing Buried Steel Tanks, revised 2010, Method B only. Methods A and C may not be used to evaluate the integrity of a steel tank. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, (610) 832-9500, www.astm.org;

(E) National Leak Prevention Association Standard 631, Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection, revised 1999. This standard may only be used for interior lining application and inspection, not for inspection of the steel tank integrity. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the National Leak Prevention Association, (815) 301-2785, www.nlpaonline.org; and

(F) Ken Wilcox Associates Recommended Practice, Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera, September 28, 1999. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact Ken Wilcox Associates, 1125 Valley Ridge Drive, Grain Valley, MO 64029, (816) 443-2494, www.kwaleak.com.

10 CSR 26-2.021

AUTHORITY: sections 319.105 and 319.107, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.021. 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.