Mo. Code Regs. tit. 10 § 26-2.050
Current through Register Vol. 49, No. 11, June 3, 2024
Section 10 CSR 26-2.050 - Reporting of Suspected ReleasesPURPOSE: 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 underground storage tank (UST) systems must report to the department within twenty-four (24) hours and follow the procedures for release investigation and confirmation in 10 CSR 26-2.052 upon discovery of one (1) or more of the following conditions: (A) The discovery by owners and operators or others of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water);(B) Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of a regulated substance from the UST system, an unexplained presence of water in the tank, liquid in the interstitial space of secondarily contained systems, or visible leaks from aboveground piping or ancillary equipment connected to a UST), unless system equipment is found to be defective but not releasing regulated substance from the UST system and is immediately repaired or replaced; or (C) Monitoring results, including investigations of leak alarms, from a release detection method required under 10 CSR 26-2.041 through 10 CSR 26-2.047 that indicate a release may have occurred unless- 1. The monitoring device is found to be defective and is immediately repaired, recalibrated, or replaced and additional monitoring does not confirm the initial result; or2. The leak alarm was investigated and determined to have been caused by an event other than a release (for example, a power surge or delivery to the tank during release detection testing); or3. In the case of inventory control, a second month of data does not confirm the initial result. AUTHORITY: section 319.109, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.050. Original rule filed April 2, 1990, effective 9/28/1990. Moved and amended: Filed April 15, 2011 , effective Dec. 30, 2 011 . Amended by Missouri Register April 17, 2017/Volume 42, Number 08, effective 5/31/2017*Original authority: 319.109, RSMo 1989, amended 1995, 2004, 2008.