reglab/statecodes huggingface dataset:
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 26-2.035 - Testing of Containment Sumps

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule contains the requirements for
				  testing the newly required containment sumps associated with underground
				  storage tank systems.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Owners and operators of underground
				storage tank (UST) systems with containment sumps required by
				10
				CSR 26-2.020 and/or
				10 CSR
				26-2.021, must ensure the continued integrity of
				required containment sumps by meeting one (1) of the following requirements:
(A) The containment sump has two (2) walls
				and the integrity of both walls is monitored annually; or
(B) The containment sump primary wall is
				tested at least triennially to ensure the equipment is liquid-tight by using
				vacuum, pressure, or liquid testing in accordance with one (1) of the following
				criteria:
1. Requirements developed by the
				manufacturer (Note: Owners and operators may use this option only if the
				manufacturer has developed testing requirements.);
2. An interstitial test or containment sump
				test listed by the National Work Group on Leak Detection Evaluations. To obtain
				copies of equipment certifications, contact the National Work Group for Leak
				Detection Evaluations,
www.nwglde.org
; or
3. Petroleum Equipment Institute RP 1200-12,
				Recommended Practices for the Testing and Verification of Spill, Overfill, Leak
				Detection and Secondary Containment Equipment at UST Facilities. 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
; or
4. Another method approved by department,
				including code(s) of practice developed by a nationally recognized
				association(s) or independent testing laboratory(ies), determined to be no less
				protective of human health and the environment than the requirements listed in
				paragraphs 1. through 3. of this subsection.
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 26-2.036 - Operation and Maintenance Walkthrough Inspections

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule contains the new requirements for
				  walkthrough inspections of underground storage tank systems.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) To properly operate and maintain
				underground storage tank (UST) systems, owners and operators must ensure the
				following requirements are met by the timeframes outlined in section (2):
(A) Conduct a walkthrough inspection that, at
				a minimum, checks the following equipment as specified below:
1. Every thirty (30) days, owners and
				operators must-
A. For spill prevention
				equipment - visually check for any damage; remove liquid or debris; check for
				and remove obstructions in the fill pipe, check the fill cap to make sure it is
				securely on the fill pipe; and for double-walled spill prevention equipment
				with interstitial monitoring, check for a leak in the interstitial
				area;
B. For release detection
				systems - check to make sure the release detection system is operating with no
				alarms or other unusual operating conditions present; and ensure records of
				release detection testing are reviewed monthly and are current;
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 26-2.041 - Requirements for Petroleum Underground Storage Tank Systems

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 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 petroleum
				underground storage tanks (UST) systems that are in use must provide release
				detection for tanks and piping as follows:
(A) Tanks. Tanks must be monitored at least
				every thirty (30) days for releases using one (1) of the methods listed in
				10 CSR
				26-2.043(1)(B)-(I), except that-
1. UST systems that meet new or upgraded
				standards in
				10
				CSR 26-2.020 or
				10 CSR
				26-2.021 and the monthly inventory control
				requirements in
				10 CSR
				26-2.043(1)(A) may use tank tightness
				testing (10 CSR
				26-2.043(1)(D) ) at least every five
				(5) years until December 22, 1998, or until ten (10) years after the tank is
				installed or upgraded under
				10 CSR
				26-2.021(3), whichever is
				later;
2. Tanks with a capacity of
				two thousand (2,000) gallons or less may use manual tank gauging (10 CSR
				26-2.043(1)(C) );
3. Field-constructed tanks greater than fifty
				thousand (50,000) gallons may use the alternative release detection
				requirements in 10 CSR 26-2.046;
4.
				Groundwater monitoring (10 CSR
				26-2.043 subsection (1)(G)) will no longer be valid to
				monitor for releases after July 1, 2020;
5. Vapor monitoring (10 CSR
				26-2.043 subsection (1)(F)) will no longer be valid to
				monitor for releases after July 1, 2020, if used with an added tracer chemical
				and listed by the National Work Group on Leak Detection Evaluations as a tank
				tightness test; and
6. Tanks
				installed after July 1, 2017, must be monitored for leaks at least every thirty
				(30) days in accordance with
				10 CSR
				26-2.043(H);
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 26-2.042 - Requirements for Hazardous Substance Underground Storage Tank Systems

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 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;
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 26-2.044 - Methods of Release Detection for Piping

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 release detection system
				  requirements, 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) Each method of release detection for
				piping used to meet the requirements of release detection for underground
				storage tanks (USTs) in
				10
				CSR 26-2.041 must be conducted in the following
				manner:
(A) Automatic Line Leak Detectors.
				Methods which alert the operator to the presence of a leak by restricting or
				shutting off the flow of regulated substances through piping or triggering an
				audible or visual alarm may be used only if they detect leaks of three (3)
				gallons per hour at ten (10) pounds per square-inch line pressure within one
				(1) hour and are listed by the National Work Group on Leak Detection
				Evaluations. To obtain copies of equipment listings, contact the National Work
				Group on Leak Detection Evaluations,
www.nwglde.org
. A test of the operation of
				the leak detector must be conducted at least annually. The annual test must be
				conducted in accordance with the manufacturer's approved testing procedures and
				simulate a leak of at least three (3) gallons per hour at ten (10) pounds per
				square inch pressure, or equivalent, in the system under normal operating
				conditions.
1. Line leak detectors must
				monitor all pressurized piping, including pressurized piping beyond the first
				or master dispenser but not including other piping above the shear valve inside
				the dispenser or dispenser hoses to the nozzle;
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 26-2.045 - Release Detection Record Keeping

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the records that must be
				  maintained for monthly release detection activity.
(1) All underground storage tank (UST) system
				owners and operators must maintain records in
				10 CSR
				26-2.034 demonstrating compliance with applicable
				release detection requirements in
				10
				CSR 26-2.040-10 CSR
				26-2.045. These records must include the following:
(A) All written performance claims of any
				release detection system used, and the manner in which these claims have been
				justified or tested by the equipment manufacturer or installer, must be
				maintained for five (5) years or for another reasonable period of time
				determined by the department from the date of installation;
(B) The results of any sampling, testing, or
				monitoring must be maintained for at least one (1) year, or for another
				reasonable period of time determined by the department, except that the results
				of tank tightness testing conducted in accordance with
				10 CSR
				26-2.043(1)(D) must be retained until
				the next test is conducted; and
(C)
				Written documentation of all calibration, maintenance, and repair of release
				detection equipment permanently located on-site must be maintained for at least
				one (1) year after the servicing work is completed. Any schedules of required
				calibration and maintenance provided by the release detection equipment
				manufacturer must be retained for five (5) years from the date of
				installation.
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 26-2.046 - Alternative Methods of Release Detection for Field-Constructed Tanks

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule contains the new options for
				  release detection for the previously deferred field-constructed tanks and
				  airport hydrant fuel distribution systems.
(1) Owners and operators of field-constructed
				tanks with a capacity greater than fifty thousand (50,000) gallons may use one
				(1) or a combination of the following alternative methods of release detection:
(A) Conduct an annual tank tightness test
				that can detect a one-half (0.5) gallon per hour leak rate;
(B) Use an automatic tank gauging system to
				perform release detection at least every thirty (30) days that can detect a
				leak rate less than or equal to one (1) gallon per hour. This method must be
				combined with a tank tightness test that can detect a two-tenths (0.2) gallon
				per hour leak rate performed at least every three (3) years;
(C) Use an automatic tank gauging system to
				perform release detection at least every thirty (30) days that can detect a
				leak rate less than or equal to two (2) gallons per hour. This method must be
				combined with a bulk tank tightness test that can detect a two-tenths (0.2)
				gallon per hour leak rate performed at least every two (2) years;
(D) Perform vapor monitoring, with an added
				tracer chemical, conducted in accordance with
				10 CSR
				26-2.043 subsection (1)(F), capable of detecting a
				one-tenth (0.1) gallon per hour leak rate at least every two (2)
				years;
(E) Perform inventory
				control, conducted in accordance with Department of Defense Directive 4140.25;
				ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, at least
				every thirty (30) days that can detect a leak equal to or less than one-half
				percent (0.5%) of flow-through. When using this method, the following must also
				be met:
1. Perform a tank tightness test that
				can detect a one-half (0.5) gallon per hour leak rate at least every two (2)
				years; or
2. Perform vapor
				monitoring or groundwater monitoring in accordance with
				10 CSR
				26-2.043 subsection (1)(F) or (G), respectively, at
				least every thirty (30) days; and
(F) Another method approved by the department
				if the owner and operator can demonstrate that the method can detect a release
				as effectively as any of the methods allowed in subsections (A) through (C) of
				this section. In comparing methods, the department shall consider the size of
				release that the method can detect and the frequency and reliability of
				detection. If the method is approved, the owner and operator must comply with
				any conditions imposed by the department on its use.
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 26-2.047 - Alternative Methods of Release Detection for Bulk Underground Piping

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule contains the new options for
				  release detection for the previously deferred field-constructed tanks and
				  airport hydrant fuel distribution piping systems.
(1) Owners and operators of bulk underground
				piping associated with any airport hydrant fuel distribution systems and
				field-constructed tanks greater than fifty thousand (>50,000) gallons may
				use one (1) or a combination of the following alternative methods of release
				detection:
(A) Perform a biannual or annual
				bulk line tightness test at or above operating pressure in accordance with the
				table below. Bulk piping segments greater than or equal to one hundred thousand
				(>=100,000) gallons not capable of meeting the maximum three (3.0) gallons
				per hour leak rate for the biannual test may be tested at a leak rate up to six
				(6.0) gallons per hour:
Maximum Detectable Leak Rate Per Test Section
							 Volume
Test Section Volume (Gallons)
Biannual Test Maximum Detectable Leak Rate (Gallons
							 Per Hour)
Annual Test Maximum Detectable Leak Rate (Gallons Per
							 Hour)
< 50,000
1.0
0.5
>= 50,000 to < 75,000
1.5
0.75
>= 75,000 to < 100,000
2.0
1.0
>= 100,000
3.0
1.5
(B)
				Perform vapor monitoring, with an added tracer chemical, conducted in
				accordance with
				10 CSR
				26-2.043(F), capable of detecting a
				one-tenth (0.1) gallon per hour leak rate at least every two (2)
				years;
(C) Perform inventory
				control, conducted in accordance with Department of Defense Directive 4140.25;
				ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, at least
				every thirty (30) days that can detect a leak equal to or less than one-half
				percent (0.5%) of flow-through. When using this method, the following must also
				be met:
1. Perform a line tightness test in
				accordance with the biannual test threshold in subsection (A) of this section
				at least every two (2) years; or
2.
				Perform vapor monitoring or groundwater monitoring in accordance with
				10 CSR
				26-2.043 subsection (1)(F) or (G), respectively, at
				least every thirty (30) days;
(D) Another method approved by the department
				if the owner and operator can demonstrate that the method can detect a release
				as effectively as any of the methods allowed in subsections (A) through (C). In
				comparing methods, the department shall consider the size of release that the
				method can detect and the frequency and reliability of detection. If the method
				is approved, the owner and operator must comply with any conditions imposed by
				the department on its use.
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 26-2.051 - Investigation Due to Off-Site Impacts

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the requirements for
				  off-site investigations following reported or suspected
				  releases.
(1) When required
				by the department, owners and operators of underground storage tank (UST)
				systems must follow the steps for confirmation of a release in
				10 CSR
				26-2.052 to determine if the UST system is the source
				of the off-site impacts. These impacts include the discovery of regulated
				substances such as the presence of free product or vapors in soils, basements,
				sewer and utility lines, and nearby surface and drinking waters that have been
				observed by the department or brought to its attention by another
				party.
*Original authority: 319.107, RSMo 1989, amended 1994;
					 319.109, RSMo 1989, amended 1995, 2004, 2008; and 319.137, RSMo 1989, amended
					 1993, 1995, 2004.
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 26-2.053 - Reporting and Cleanup of Spills and Overfills

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the steps for reporting
				  and cleanup of spills.
(1)
				Owners and operators of underground storage tank (UST) systems must contain and
				immediately clean up a spill or overfill. The spill or overfill must be
				reported to the department within twenty-four (24) hours. Owners and operators
				must begin site check, in accordance with
				10 CSR
				26-2.052(1)(B), and corrective action
				in accordance with
				10 CSR
				26-2.070-10 CSR
				26-2.083 in the following cases:
(A) Spill or overfill of petroleum that
				results in a release to the environment that exceeds twenty-five (25) gallons
				or that causes a sheen on nearby surface water; and
(B) Spill or overfill of a hazardous
				substance that results in a release to the environment that equals or exceeds
				its reportable quantity under Comprehensive Environmental Response Compensation
				and Liability Act of 1980 (CERCLA) ( 40 CFR 302 ).
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 26-2.060 - Taking USTs Out of Use

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule contains the requirements for
				  underground storage tanks that are taken out of service.
(1) When an underground storage tank (UST)
				system is out of use, as defined in
				10 CSR 26-2.012, the
				owner and/or operator must continue operation and maintenance of corrosion
				protection, as described in
				10 CSR
				26-2.031, and/or interior lining inspection and
				maintenance, as described in
				10 CSR
				26-2.021, until the site assessment described in
				10 CSR
				26-2.062 of this rule has been completed. Release
				reporting, investigation, and corrective action, as described in
				10 CSR
				26-2.050-10 CSR
				26-2.083, must be performed if a release is suspected
				or confirmed.
(2) Owners and
				operators must also comply with the following requirements when a UST system is
				out of use for three (3) months or more:
(A)
				Leave vent lines open and functioning; and
(B) Cap and secure all other lines, pumps,
				manways, and ancillary equipment.
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 26-2.062 - Assessing the Site at Closure or Change in Service

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the requirements of a
				  site assessment to determine whether there has been a release from the
				  underground storage tank system.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Before permanent closure or a change in
				service is completed, owners and operators must measure for the presence of a
				release where contamination is most likely to be present at the underground
				storage tank (UST) site. In selecting sample types, sample locations, and
				measurement methods, owners and operators must consider the method of closure,
				the nature of the stored substance, the type of backfill, the depth to
				groundwater, and other factors appropriate for identifying the presence of a
				release.
(2) If one (1) or more
				contaminants in soil or groundwater at concentrations above the default target
				levels in Table 3-1 of the guidance referenced at subsection (3)(A) of this
				rule or free product as a liquid or vapor is discovered under section (1) of
				this rule, or by any other manner, owners and operators must begin site
				investigation and corrective action in
				10 CSR
				26-2.070-10 CSR
				26-2.083.
(3) Owners and operators shall follow a
				written procedure.
(A) To comply with this
				rule, owners and operators may use the
Missouri Risk-Based Corrective
				Action Process for Petroleum Storage Tanks
guidance document, October
				17, 2013, which is hereby incorporated by reference without any subsequent
				amendments or additions, and is published by the Department of Natural
				Resources, PO Box 176, Jefferson City, MO 65102-0176.
(B) Other written procedures may be used with
				prior written approval of the department.
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 26-2.063 - Applicability to Previously Closed Underground Storage Tank Systems

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the responsibilities of
				  owners and operators of underground storage tanks closed before December 22,
				  1988.
(1) The department may
				require that the owner and operator of an underground storage tank (UST) system
				permanently closed before December 22, 1988, must assess the excavation zone
				and close the UST system in accordance with
				10 CSR
				26-2.060-10 CSR
				26-2.064 if releases from the UST, in the judgment of
				the department, may pose a current or potential threat to human health and the
				environment.
*Original authority: 319.109, RSMo 1989, amended 1995,
					 2004, 2008; 319.111 , RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995,
					 2004.
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 26-2.064 - Closure Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires the owner and the
				  operator to keep records documenting the closure and site assessment of
				  underground storage tank systems.
(1) Owners and operators must maintain
				records in accordance with
				10 CSR
				26-2.034 that are capable of demonstrating compliance
				with closure requirements in
				10 CSR
				26-2.060-10 CSR
				26-2.064. The results of the site assessment in
				10 CSR
				26-2.062 must be maintained for at least three (3)
				years after completion of permanent closure or change in service in one (1) of
				the following ways:
(A) By the owners and
				operators who took the underground storage tank (UST) system out of
				service;
(B) By the current owners
				and operators of the UST system site; or
(C) By mailing these records to the
				department if they cannot be maintained at the closed facility.
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 26-2.070 - Release Response and Corrective Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes general procedures for
				  responding to leaks of spills at underground storage tanks.
(1) Owners and operators of petroleum or
				hazardous substance underground storage tank (UST) systems must comply, in
				response to a confirmed release from the UST system, with the requirements of
				10 CSR
				26-2.070-10 CSR
				26-2.083 except for USTs excluded under
				10 CSR
				26-2.010(2) and UST systems subject
				to the Resource Conservation and Recovery Act (RCRA), Subtitle C corrective
				action requirements under Section 3004(u).
*Original authority: 319.109, RSMo 1989, amended 1995,
					 2004, 2008 and 319.137, RSMo 1989, amended 1993, 1995,
					 2004.
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 26-2.071 - Initial Release Response and Corrective Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the immediate steps
				  owners and operators of a leaking underground storage tank must
				  take.
(1) Upon confirmation
				of a release in
				10 CSR
				26-2.052, or after a release from the underground
				storage tank (UST) system is identified in any other manner, owners and
				operators must perform the following initial response actions within
				twenty-four (24) hours:
(A) Report the
				release to the department in accordance with
				10 CSR
				26-2.050;
(B) Take immediate action to prevent any
				further release of the regulated substance into the environment; and
(C) Identify and mitigate fire, explosion,
				and vapor hazards.
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 26-2.072 - Initial Abatement Measures and Investigation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the first steps to stop
				  the spread of the release and finding the extent of the
				  release.
(1) Unless directed
				to do otherwise by the department, owners and operators must perform the
				following abatement measures upon confirmation of a release:
(A) Remove as much of the regulated substance
				from the underground storage tank (UST) system as is necessary to prevent
				further release to the environment;
(B) Visually inspect any above-ground
				releases or exposed below-ground releases and prevent further migration of the
				released substance into surrounding soils and ground-water;
(C) Continue to monitor and mitigate any
				additional fire and safety hazards posed by vapors or free product that have
				migrated from the UST excavation zone and entered into subsurface structures
				such as sewers or basements;
(D)
				Remedy hazards posed by contaminated soils that are excavated or exposed as a
				result of release confirmation, site investigation, abatement or corrective
				action activities. If these remedies include treatment or disposal of soils,
				the owner and operator must comply with applicable state and local
				requirements;
(E) Measure for the
				presence of a release where contamination is most likely to be present at the
				UST site, unless the presence and source of the release have been confirmed in
				accordance with the site check required by
				10 CSR
				26-2.052(1)(B) or the closure site
				assessment of
				10 CSR
				26-2.062. In selecting sample types, sample locations,
				and measurement methods, the owner and operator must consider the nature of the
				stored substance, the type of backfill, depth to groundwater, and other factors
				as appropriate for identifying the presence and source of the release;
				and
(F) Investigate to determine
				the possible presence of free product and begin free product removal as soon as
				practicable in accordance with
				10 CSR
				26-2.075.
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 26-2.074 - Initial Site Characterization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the steps for
				  investigation of a release.
(1) Unless directed to do otherwise by the
				department, owners and operators must assemble information about the site and
				the nature of the release, including information gained while confirming the
				release or completing the initial abatement measures in
				10 CSR
				26-2.070,
				10 CSR
				26-2.071, and
				10 CSR
				26-2.072. This information must include, but is not
				necessarily limited to, the following:
(A)
				Data on the nature and estimated quantity of release;
(B) Data from available sources or site
				investigations concerning the following factors: surrounding populations, water
				quality, use and approximate locations of wells potentially affected by the
				release, subsurface soil conditions, locations of subsurface sewers,
				climatological conditions, and land use;
(C) Results of the site check required under
				10 CSR
				26-2.072(1)(E); and
(D) Results of the free product
				investigations required under
				10 CSR
				26-2.072(1)(F) to be used by owners
				and operators to determine whether free product must be recovered under
				10 CSR
				26-2.075.
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 26-2.075 - Free-Product Removal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires spilled, free product to
				  be collected immediately.
(1)
				At sites where the investigation reveals free product under
				10 CSR
				26-2.072(1)(F), owners and operators
				must remove as much free product as practicable as determined by the
				department. Any actions initiated under
				10 CSR
				26-2.071-10 CSR
				26-2.074 or preparation for actions required under
				10 CSR
				26-2.078-10 CSR
				26-2.082 must also be continued. In meeting the
				requirements of this rule, owners and operators must-
(A) Remove free product to minimize the
				spread of contamination into previously uncontaminated zones. The recovery and
				disposal techniques must be appropriate to the hydrogeologic conditions at the
				site. Recovered by-products must be treated, discharged or disposed in
				compliance with applicable local, state and federal regulations;
(B) Use abatement of free-product migration
				as a minimum objective for free product removal;
(C) Handle any flammable products in a safe
				and competent manner to prevent fires or explosions; and
(D) Prepare and submit to the department a
				free-product removal report, within forty-five (45) days after confirming a
				release, unless otherwise directed by the department. The report shall provide
				at least the following information:
1. The
				name of the person(s) responsible for implementing the free product removal
				measures;
2. The estimated
				quantity, type and thickness of free product observed or measured in wells,
				boreholes, and excavations;
3. The
				type of free-product recovery system used;
4. Whether any discharge will take place
				on-site or off-site during the recovery operation and the location of this
				discharge;
5. The type of treatment
				applied to, and the effluent quality expected from, any discharge;
6. The steps that have been or are being
				taken to obtain necessary permits for any discharge; and
7. The disposition of the recovered free
				product.
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 26-2.078 - Investigations for Soil and Groundwater Cleanup

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedures for soil
				  and groundwater investigations.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Owners and operators must conduct
				investigations of the release, the release site, and the surrounding area to
				determine the full extent and location of soils contaminated by the release and
				the presence and concentrations of dissolved product contamination in the
				groundwater if any of the following conditions exist:
(A) There is evidence that groundwater wells
				have been affected by the release (for example, as found during release
				confirmation or previous corrective action measures);
(B) Free product is found to need recovery in
				compliance with
				10 CSR
				26-2.075;
(C) There is evidence that contaminated soils
				may be in contact with groundwater as found during the initial response
				measures or investigations required under
				10 CSR
				26-2.070-10 CSR
				26-2.075;
(D) Contaminant concentrations in soil or
				groundwater exceed the Default Target Levels in Table 3-1 of the guidance
				referenced at paragraph (3)(C)1. of this rule; or
(E) The department requests an investigation
				based on the potential effects of contaminated soil or groundwater on nearby
				surface and groundwater resources.
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 26-2.080

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 319.109, RSMo 1989, amended 1995,
					 2004, 2008; 319.111 , RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995,
					 2004.
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 26-2.082 - Corrective Action Plan

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule lists the requirements for
				  corrective action plans for cleanup of releases from underground storage tank
				  sites.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Owners and operators are responsible for
				submitting a plan that provides for adequate protection of human health and the
				environment, as determined by the department, after fulfilling the requirements
				for release reporting and investigation in
				10 CSR
				26-2.071-10 CSR
				26-2.074. Owners and operators must modify their plan
				as necessary to meet this standard.
(A) The
				department may require owners and operators to submit additional information or
				to develop and submit a corrective action plan for responding to contaminated
				soils and groundwater at any point after reviewing the information submitted
				for release reporting and investigation in
				10 CSR
				26-2.071-10 CSR
				26-2.074. If a plan is required, owners and operators
				must submit the plan according to a schedule and format established by the
				department.
(B) Owners and
				operators may choose to submit a corrective action plan for responding to
				contaminated soil and groundwater after fulfilling the requirements of
				10 CSR
				26-2.071-10 CSR
				26-2.074.
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 26-2.083 - Public Participation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes procedures for public
				  participation during corrective action plans.
(1) For each confirmed release that requires
				a corrective action plan, the department must provide notice to the public by
				means designed to reach those members of the public directly affected by the
				release and the planned corrective action. This notice may include, but is not
				limited to, public notice in local newspapers, block advertisements, public
				service announcements, publication in a state register, letters to individual
				households or personal contacts by field staff.
(2) Site release information and decisions by
				the department concerning the corrective action plan are available to the
				public for inspection upon request.
(3) Before approving any corrective action
				plan, the department may hold a public meeting to consider comments on the
				proposed corrective action plan if there is sufficient public interest or for
				any other reason.
(4) The
				department must give public notice in section (1) of this rule if
				implementation of an approved corrective action plan does not achieve the
				established clean-up levels in the plan and termination of that plan is under
				consideration by the department.
*Original authority: 319.109, RSMo 1989, amended 1995,
					 2004, 2008 and 319.137, RSMo 1989, amended 1993, 1995,
					 2004.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.090 - Applicability

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule identifies those persons required
				  to obtain financial responsibility for releases of products from petroleum
				  underground storage tanks.
(1) Rules
				10 CSR
				26-3.090-10 CSR
				26-3.115 apply to owners and operators of all
				petroleum underground storage tank (UST) systems except as otherwise provided
				in this rule.
(2) Owners and
				operators of petroleum UST systems are subject to these requirements
				immediately upon bringing a new underground storage tank system in operation.
				All tank systems that are in use are subject to these requirements.
(3) State and federal government entities
				whose debts and liabilities are the debts and liabilities of a state or the
				United States are exempt from the requirements of
				10 CSR
				26-3.090-10 CSR
				26-3.115.
(4) The requirements of
				10 CSR
				26-3.090-10 CSR
				26-3.115 do not apply to owners and operators of any
				deferred or excluded UST system described in
				10 CSR 26-2.010(2) or
				(3).
(5) If the owner and operator of a petroleum
				UST are separate persons, only one (1) person is required to demonstrate
				financial responsibility; however, both parties are liable in the event of
				noncompliance.
*Original authority: 319.114, RSMo
					 1989.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.092 - Definitions of Financial Responsibility Terms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines specific terms used in
				  this chapter.
(1) The
				definitions set forth in
				40 CFR
				280.92, July 1, 1998, are incorporated by
				reference, subject to the following additions, modifications, substitutions, or
				deletions.
(A) The definitions set forth in
				this rule apply to terms when used in
				10 CSR
				26-3.090-10 CSR
				26-3.115. In addition, the definitions in
				10 CSR 26-2.012 apply
				to the terms used in this chapter unless defined otherwise in this rule or in
				the rule in which the term is used. Modifications and additions to specific
				definitions are-
1. The definition for
				"Director of the Implementing Agency" in
				40 CFR
				280.92, is not incorporated in this
				rule;
2. At the end of the
				definition of "Financial Reporting Year" in
				40 CFR
				280.92, as incorporated in this rule, add the
				following sentence: "Financial reporting year may comprise a fiscal or calendar
				year period";
3. In the definition
				of "provider of financial assurance" in
				40 CFR
				280.92, as incorporated into this rule,
				substitute "10 CSR
				26-3.095-10 CSR
				26-3.103 " for "section 280.95-280.103," delete
				"issuer of a state-required mechanism," and substitute "the Petroleum Storage
				Tank Insurance Fund" for "a state"; and
4. In the definition of "termination" in
				40 CFR
				280.92, as incorporated into this rule,
				substitute "in
				10 CSR
				26-3.097(2) " for "under section
				260.97(b)(1)."