Mo. Code Regs. tit. 10 § 26-2.034

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 10 CSR 26-2.034 - Reporting and Record Keeping

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, outline the requirements for recordkeeping in the new rules, 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 cooperate fully with inspections, monitoring, and testing conducted by the department, or the department's authorized representative, as well as requests for document submission, testing, and monitoring.

(A) Reporting. Owners and operators must submit the following information to the department:

1. Notification for all UST systems subject to the notification requirements in 10 CSR 26-2.022;

2. Reports of all releases including suspected releases (10 CSR 26-2.050), spills and overfills (10 CSR 26-2.053), and confirmed releases (10 CSR 26-2.071);

3. Corrective actions planned or taken including initial abatement measures (10 CSR 26-2.072), initial site characterization (10 CSR 26-2.074), free product removal (10 CSR 26-2.075), investigation of soil and groundwater cleanup (10 CSR 26-2.078), and corrective action plan (10 CSR 26-2.082); and

4. A notification before permanent closure or change in service (10 CSR 26-2.061).

(B) Record Keeping. Owners and operators must maintain the following information:

1. Installation records for secondary containment of double-walled equipment, including tanks, piping, containment sumps, and spill basins, installed after July 1, 2017;

2. Documentation of operation of corrosion protection equipment (10 CSR 26-2.031);

3. Documents demonstrating compatibility of UST systems, including tanks, piping, release detection equipment, and all other ancillary equipment with the regulated substance being stored (10 CSR 26-2.032);

4. Documentation of UST system repairs (10 CSR 26-2.033);

5. Documentation demonstrating spill and overfill prevention equipment is being properly maintained, inspected, and tested (10 CSR 26-2.030);

6. Documentation of containment sump testing results (10 CSR 26-2.035);

7. Documentation of periodic walk-through inspections (10 CSR 26-2.036);

8. Recent compliance with release detection requirements (10 CSR 26-2.048);

9. Results of the site investigation conducted at permanent closure (10 CSR 26-2.064); and

10. Documentation demonstrating compliance with the operator training rule (10 CSR 100-6).

(C) Availability and Maintenance of Records. Owners and operators must keep the records required either-

1. At the UST site and immediately available for inspection by the department; or

2. At a readily available alternative site and be provided for inspection to the department within three (3) working days or five (5) calendar days upon receipt of a written request. A written request shall be made in the following manner:

A. The department shall provide a written request at the time of inspection to site personnel; or

B. In the cases of unattended sites or inspections conducted after normal business hours, written notice shall be made by certified mail; or

3. If the owner or operator fails to meet the requirements of paragraph (1)(C)2., the department may order or otherwise require that owner or operator to maintain records on-site per paragraph (1)(C)1.; or

4. In the case of permanent closure records required under 10 CSR 26-2.064, owners and operators are also provided with the additional alternative of mailing closure records to the department if they cannot be kept at the site or an alternative site as indicated in this section.

10 CSR 26-2.034

AUTHORITY: sections 319.107 and 319.111, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.034. Original rule filed April 2, 1990, effective 9/28/1990. Amended: Filed Aug. 3, 1993, effective 4/9/1994. 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: 319.107, RSMo 1989, amended 1994; 319.111, RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995, 2004.