Mo. Code Regs. tit. 10 § 26-2.033

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

Section 10 CSR 26-2.033 - Repairs Allowed

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 tanks are still functional enough to remain in use. The changes would better prevent and detect leaks, help provide better repairs, 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 of underground storage tank (UST) systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances.

(2) The repairs must meet the following requirements:

(A) Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally-recognized association or an independent testing laboratory.

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

A. 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;

B. National Fire Protection Association Standard 326, Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair, revised 2015. 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. American Petroleum Institute Publication 2200, Repairing Crude Oil, Liquefied Petroleum Gas, and Product Pipelines, 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/;

D. 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/;

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 integrity testing of the steel shell. 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. Fiberglass Tank and Piping Institute T-95-1, Remanufacturing of Fiberglass 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;

(B) Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer's authorized representatives or in accordance with a code of practice developed by a nationally-recognized association or an independent testing laboratory;

(C) Metal pipe sections and fittings that have released a regulated substance as a result of corrosion or other damage must be replaced. For cathodically protected metal piping, the entire length of electrically-continuous metal pipe must be replaced. Non-corrodible pipes and fittings may be repaired in accordance with the manufacturer's specifications;

(D) Repairs must be done by a person who is properly registered with the Missouri Department of Agriculture and who has a financial responsibility mechanism that complies with the requirements of 2 CSR 90-30.085;

(E) Repaired tanks and/or piping must be tightness tested in accordance with release detection methods listed in 10 CSR 26-2.043(1)(D) and 10 CSR 26-2.044(1)(B) within thirty (30) days following the date of the completion of the repair, unless tested using another method that is determined by the department to be no less protective of human health and the environment;

(F) Repairs of UST systems, or any portion of a UST system, required to be double-walled, must be tested to confirm the integrity of both walls of the repaired tank or piping system within thirty (30) days following the completion of any repair;

(G) Repairs to any required containment sumps must be tested using a method specified in 10 CSR 26-2.035(1)(B) within thirty (30) days following the completion of any repair;

(H) Within thirty (30) days following any repair to spill or prevention equipment, the repaired spill or overfill prevention equipment must be tested in accordance with 10 CSR 26-2.030 to ensure it is operating properly;

(I) Within six (6) months following the repair of any cathodically protected UST system, the cathodic protection system must be tested with the methods of operation and maintenance of corrosion protection in 10 CSR 26-2.031(1)(B) and (C) to ensure that it is operating properly. Repair may include, but is not limited to, adjustments, maintenance, replacement, or changes to cathodic protection equipment and/or tank repairs;

(J) If a tank is repaired by installation of an interior lining, the lining must be properly maintained and inspected, in accordance with 10 CSR 26-2.021(3)(A), for the life of the tank; and

(K) UST system owners and operators must maintain records demonstrating compliance with this rule for each repair for the remaining operating life of the UST system.

10 CSR 26-2.033

AUTHORITY: sections 319.105 and 319.107, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.033. 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.