Mo. Code Regs. tit. 10 § 26-2.030
Current through Register Vol. 49, No.12, June 17, 2024
Section 10 CSR 26-2.030 - Spill and Overfill Control for In-Use Underground Storage Tank SystemsPURPOSE: 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, 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) Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.(2) The owner and operator must report, investigate, and clean up any spills and overfills in accordance with 10 CSR 26-2.053.(3) Owners and operators must meet one (1) of the following requirements to ensure their spill prevention equipment is operating properly and will prevent releases to the environment: (A) Have double-walled spill prevention equipment and monitor the space between the walls at least once every thirty (30) days; or(B) The spill prevention equipment is tested at least triennially to ensure the spill prevention equipment is liquid tight by using vacuum, pressure, or liquid testing in accordance with one (1) of the following: 1. Requirements developed by the manufacturer (Note: This option may only be used if the manufacturer has developed testing requirements. Self-testing apparatus may only be used if pre-approved by the department as a valid functionality test.); or2. Interstitial test (for double-walled spill basins only) or spill containment test listed by the National Work Group on Leak Detection Evaluations. To obtain copies of equipment certifications, contact the National Work Group for Leak Detection Evaluations, www.nwglde.org; or 3. Petroleum Equipment Institute RP 1200-12, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities. 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; or4. Other methods approved by the department, which may include a code of practice developed by a nationally recognized association or independent testing laboratory, determined to be no less protective of human health and the environment than the requirements listed in paragraphs 1. through 3. of this subsection.(4) Spill basins may not be repaired with a partial or spot, field-applied repair kit, or product. Repairs must either be a manufacturer-designed replacement insert or a complete factory-built, field-installed complete spill basin repair kit. Other repairs may be approved by the department if they are determined to be no less protective of human health and the environment.(5) Owners and operators must ensure their overfill prevention equipment is operating properly and will prevent releases to the environment. Overfill prevention equipment must be inspected or tested at least triennially. At a minimum, the test or inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in 10 CSR 26-2.020 and will activate when the regulated substance reaches that level. Tests or inspections must be conducted in accordance with one (1) of the following criteria: (A) Requirements developed by the manufacturer, but only if the test or inspection confirms that all portions of the overfill device are intact and functional. (Note: This option may be used if the manufacturer has developed testing requirements. Self-testing apparatus may only be used if approved by the department as a valid functionality test); or(B) Petroleum Equipment Institute RP 1200-12, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities. 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; or(C) Other methods approved by the department, which may include a code of practice developed by a nationally recognized association or independent testing laboratory, determined to be no less protective of human health and the environment than the requirements listed in paragraphs 1. through 3. of subsection (3)(B).(6) The first test of the spill equipment and the first test or inspection of the overfill prevention equipment required by this rule is due no later than January 1, 2020.(7) If a tank has been out of use for more than twelve (12) months, equipment must be confirmed operational with a test of the spill prevention equipment and an inspection or test of the overfill prevention equipment, prior to bringing it back in-use.(8) Owners and operators must maintain the following records, in accordance with 10 CSR 26-2.034, for spill and overfill prevention equipment: (A) Test and/or inspection records must be maintained for three (3) years; and/or(B) When using interstitial monitoring, records must be maintained for twelve (12) months. (9) Guidance on spill and overfill prevention appears in the- (A) American Petroleum Institute Publication 1621, Recommended Practice for Bulk Liquid Stock Control at Retail Outlets, 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 NW, Washington, DC 20005, (202) 682-8000, www.api.org/standards/;(B) National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code, revised 2008. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the National Fire Protection Association, 1 Batterymarch Park, Box 9101, Quincy, MA 02269-9101, (617) 770-3000, www.nfpa.org;(C) Petroleum Equipment Institute RP 1200-12, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities. 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;(D) National Fire Protection Association Standard 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, revised 2012. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the National Fire Protection Association, 1 Battery march Park, Box 9101, Quincy, MA 02269-9101, (617) 770-3000, www.nfpa.org; and(E) American Petroleum Institute Recommended Practice 1007, Loading and Unloading of MC 306/DOT Cargo Tank Motor Vehicles, 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. AUTHORITY: sections 319.105 and 319.107, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.030. 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.