Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 2 - Underground Storage Tanks-Technical Regulations › Section 10 CSR 26-2.019 - New Installation Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
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, establish clearer and more detailed new system installation
				  requirements, outline the requirements for new USTs at marinas, 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) Any
				installer who intends to install an underground storage tank (UST) or piping
				associated with a UST system for storage of a regulated substance must, at
				least fourteen (14) days before installing the tank or before piping
				replacement, notify the department by approved form transmitted via email of
				intent to install a UST, except that this fourteen (14) day notice requirement
				may be waived by the department when a release is suspected or in other
				similarly urgent circumstances. The notification must provide the tank owner's
				name, installer name, the name and location of the facility where the UST or
				piping will be installed, the date that the installation is expected to
				commence, the date that the tank is expected to be brought in use, UST system
				information, including tank material, size, manufacturer, piping material,
				piping type, and manufacturer, release detection equipment, and spill and
				overfill equipment. The installation notice is valid for one hundred eighty
				(180) days from receipt by the department and only for the UST system(s) listed
				on the notice. If installation does not commence within one hundred eighty
				(180) days of the date on which the department received the notice, a new
				installation notice must be submitted prior to commencing installation
				activities.
(2) Installers must
				document compliance with all manufacturer certification or training
				requirements for tank, piping, release detection equipment, and spill and
				overfill equipment installed.
(3)
				Installers and manufacturers must be properly registered with the Missouri
				Department of Agriculture and have a current financial responsibility mechanism
				that complies with the requirements of
				2
				CSR 90-30.085.
(4) Prior to installation of an underground
				tank and/or UST system piping intended to be used for storage of a regulated
				substance, the tank and/or piping must be tested, inspected, and measured in
				accordance with the manufacturer's requirements and in accordance with the
				pre-installation inspection, testing, and/or backfilling sections of either-
(A) American Petroleum Institute's
				Recommended Practice 1615,
Installation of Underground Petroleum
				Storage Systems
, fifth edition, 2011. 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/
;
				or
(B) Petroleum Equipment
				Institute's Recommended Practice 100-2011,
Installation of Underground
				Liquid Storage Systems
, 2011 edition. This document is incorporated by
				reference without any later amendments or modifications. To obtain a copy,
				contact the Petroleum Equipment Institute, Box 2380, Tulsa, OK 74101-2380,
				(918) 494-9696,
www.pei.org
.