Statutes, codes, and regulations
Missouri Administrative Code
Title 10 - DEPARTMENT OF NATURAL RESOURCESDivision 26 - Petroleum and Hazardous Substance Storage Tanks
Chapter 2 - Underground Storage Tanks-Technical Regulations
Section 10 CSR 26-2.022 - Notification Requirements

Mo. Code Regs. tit. 10 § 26-2.022

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Current through Register Vol. 49, No.12, June 17, 2024
Section 10 CSR 26-2.022 - Notification 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 department will also take this opportunity to clarify ambiguous or confusing language and update industry standard referenced in the regulations.

(1) Any owner who brings an underground storage tank (UST) system in-operation must, within thirty (30) days of bringing the tank in-operation, register the completed UST system on forms provided by the department. Note: Owners and operators of UST systems that were in the ground on or after May 8, 1986, unless taken out-of-use on or before January 1, 1974, were required to notify the state in accordance with the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616, on a form published by Environmental Protection Agency (EPA) on November 8, 1985 (50 FR 46602), unless notice was given pursuant to section 103(c) of Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Owners and operators who have not complied with the notification requirements must use a form approved by the department.
(2) No later than July 1, 2019, owners of previously deferred UST systems must register their UST system(s) on forms approved by the department.
(3) All owners and operators of new UST systems must certify in writing compliance with the following requirements:
(A) Installation of tanks and piping in 10 CSR 26-2.020(1)(E);
(B) Cathodic protection of steel tanks and piping under 10 CSR 26-2.020(1)(A) and (B);
(C) Financial responsibility in 10 CSR 26-3.090-10 CSR 26-3.115; and
(D) Release detection in 10 CSR 26-2.040-10 CSR 26-2.045.
(4) If the owner changes, the new owner or operator shall complete and file an updated registration form with the department within thirty (30) days of the change(s).
(5) The department shall issue a Certificate of Registration for any tanks which meet the requirements in sections (1) through (4) of this rule and 10 CSR 26-2.020 and 10 CSR 26-2.021. The Certificate of Registration shall be valid for five (5) years except as described in section (6) of this rule.
(6) The department shall establish effective dates and expiration dates for Certificates of Registration issued under this rule. These dates shall establish a period of from one to five (1-5) years for an initial Certificate of Registration and a period of five (5) years for subsequent Certificates of Registration.
(7) Information submitted to the department after January 1, 1990, under sections (1) through (4) of this rule for a tank brought into use before January 1, 1990, or for a tank brought into use after September 28, 1990, is an application for a Certificate of Registration and shall be accompanied by a fee as described in section (8).
(8) Fees required under section (7) of this rule shall be paid in one (1) payment of seventy-five dollars ($75). No fees shall be collected for registration of tanks which were permanently closed prior to August 28, 1989. No further fees shall be assessed upon registered USTs once permanent closure has been completed and any fees to date have been paid.

10 CSR 26-2.022

AUTHORITY: sections 319.103, 319.105, 319.107, 319.111 , 319.114, and 319.123, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.022. Original rule filed April 2, 1990, effective 9/28/1990. Amended: Filed June 1, 1995, effective 1/30/1996. Amended: Filed Jan. 2, 1996, effective 8/30/1996. Amended: Filed Jan. 14, 1997, effective 9/30/1997. Amended: Filed April 1, 1999, effective 3/30/2000. 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: 319.103, RSMo 1989; 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.111 , RSMo 1989; 319.114, RSMo 1989; 319.123, RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995, 2004.