Statutes, codes, and regulations
Missouri Administrative Code
Title 10 - DEPARTMENT OF NATURAL RESOURCESDivision 26 - Petroleum and Hazardous Substance Storage Tanks
Chapter 2 - Underground Storage Tanks-Technical Regulations
Section 10 CSR 26-2.052 - Release Investigation and Confirmation Steps

Mo. Code Regs. tit. 10 § 26-2.052

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Current through Register Vol. 49, No.12, June 17, 2024
Section 10 CSR 26-2.052 - Release Investigation and Confirmation Steps

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 responding to suspected releases, 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) Unless corrective action is initiated in accordance with 10 CSR 26-2.070-10 CSR 26-2.083, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under 10 CSR 26-2.050 within seven (7) days or another reasonable time period specified by the department using either the following steps or another procedure approved by the department:
(A) System Test. Owners and operators must conduct tests appropriate for the suspected release, using tightness tests listed by the National Work Group on Leak Detection Evaluations and/or approved by the department, or for containment sumps, a test method included in 10 CSR 26-2.035, to determine whether a leak exists in that portion of the tank system that routinely contains a regulated substance or a breach of the interstitial space has occurred. To obtain copies of equipment listings, contact the National Work Group on Leak Detection Evaluations, www.nwglde.org.
1. If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, upgrade, or close the underground storage tank (UST) system. Owners and operators must begin a site check in accordance with subsection (1)(B) and corrective action in accordance with 10 CSR 26-2.070-10 CSR 26-2.083 if the test results for the system, tank, or delivery piping indicate that a release has occurred.
2. Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release.
3. Owners and operators must conduct a site check as described in subsection (1)(B) of this rule if the test results for the system, tank, and delivery piping do not indicate that a leak exists but environmental contamination is the basis for suspecting a release; or
(B) Site Check. Owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release.
1. If the site check indicates that a release has occurred, owners and operators must begin site characterization and corrective action in accordance with 10 CSR 26-2.070-10 CSR 26-2.083; or
2. If the results of the site check do not indicate that a release has occurred, the investigation may stop.
(2) Owners and operators shall follow a written procedure. A copy of the written procedure or, if the written procedure is commonly available, a clear reference to the written procedure shall be submitted to and approved by the department prior to beginning activities required by this rule.

10 CSR 26-2.052

AUTHORITY: sections 319.105 and 319.107, RSMo 2000, and sections 319.109 and 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.052. 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: 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.109, RSMo 1989, amended 1995, 2004, 2008; and 319.137, RSMo 1989, amended 1993, 1995, 2004.