Mo. Code Regs. tit. 10 § 26-2.042

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

Section 10 CSR 26-2.042 - Requirements for Hazardous Substance Underground Storage Tank Systems

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 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 in-use hazardous substance underground storage tank (UST) systems must use a release detection method that meets the requirements of 10 CSR 26-2.041 and 10 CSR 26-2.043 subsection (1)(H), except for the electronic monitoring requirement in 10 CSR 26-2.043 paragraph (1)(H)2. with approval from the department.

(2) In addition, all in-use hazardous substance USTs must meet the following requirements:

(A) Secondary containment systems must be designed, constructed, and installed to-

1. Contain regulated substances released from the tank system until they are detected and removed;

2. Prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and

3. Be checked for evidence of a release at least every thirty (30) days;

(B) Double-walled tanks must be designed, constructed, and installed to-

1. Contain a release from any portion of the inner tank within the outer wall; and

2. Detect the failure of the inner wall;

(C) External liners (including vaults) must be designed, constructed, and installed to-

1. Contain one hundred percent (100%) of the capacity of the largest tank within its boundary;

2. Prevent the interference of precipitation or groundwater intrusion with the ability to contain or detect a release of regulated substances; and

3. Surround the tank completely (that is, it is capable of preventing lateral as well as vertical migration of regulated substances);

(D) Underground piping must be equipped with secondary containment that satisfies the requirements of subsection (2)(A) of this rule (for example, trench liners, jacketing of double-walled pipe). In addition, underground piping that conveys regulated substances under pressure must be equipped with an automatic line leak detector in 10 CSR 26-2.044(1)(A); and

(E) Other methods of release detection may be used if owners and operators-

1. Demonstrate to the department that an alternative method can detect a release of the stored substance as effectively as any of the methods allowed in 10 CSR 26-2.043(1)(B)-(I) can detect a release of petroleum;

2. Provide information to the department on effective corrective action technologies, health risks, and chemical and physical properties of the stored substance and the characteristics of the UST site; and

3. Obtain approval from the department to use the alternate release detection method before the installation and operation of the new UST system.

(3) All new or replaced hazardous substance UST systems installed after July 1, 2017, must also comply with the containment sump testing requirements in 10 CSR 26-2.035.

10 CSR 26-2.042

AUTHORITY: sections 319.105 and 319.107, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.042. 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.