Mo. Code Regs. tit. 10 § 26-2.032
Current through Register Vol. 49, No.12, June 17, 2024
Section 10 CSR 26-2.032 - CompatibilityPURPOSE: 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.
(1) Owners and operators must use an underground storage tank (UST) system made of or lined with materials that are compatible with the substance stored in the UST system. If a lining is installed for compatibility purposes, it must be maintained and inspected in accordance with 10 CSR 26-2.021(3)(A).(2) Owners and operators must notify the department at least thirty (30) days prior to switching to a regulated substance containing greater than ten percent (10%) ethanol and/or greater than twenty percent (20%) biodiesel.(3) Owners and operators may use one (1) or more of the following methods to demonstrate UST system compatibility with the regulated substance stored: (A) Certification or listing of UST system components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or(B) Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility and functionality, specify the range of product blends with which the component is compatible, and be from the equipment or component manufacturer; or(C) Another method determined by the department to be no less protective of human health and the environment than the methods listed in subsection (A) or (B) of this section.(4) Owners and operators storing alcohol blends may use the following codes to comply with this rule: (A) American Petroleum Institute Recommended Practice 1626, Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations, 2010 Edition with 2012 Addendum. 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) Other standards or publications approved by the department. AUTHORITY: section 319.105, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.032. 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 and 319.137, RSMo 1989, amended 1993, 1995, 2004.