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 26-2.030 - Spill and Overfill Control for In-Use 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, establish clearer and more detailed new system installation
				  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) Owners and operators must ensure that
				releases due to spilling or overfilling do not occur. The owner and operator
				must ensure that the volume available in the tank is greater than the volume of
				product to be transferred to the tank before the transfer is made and that the
				transfer operation is monitored constantly to prevent overfilling and
				spilling.
(2) The owner and
				operator must report, investigate, and clean up any spills and overfills in
				accordance with
				10 CSR
				26-2.053.
(3) Owners and operators must meet one (1) of
				the following requirements to ensure their spill prevention equipment is
				operating properly and will prevent releases to the environment:
(A) Have double-walled spill prevention
				equipment and monitor the space between the walls at least once every thirty
				(30) days; or
(B) The spill
				prevention equipment is tested at least triennially to ensure the spill
				prevention equipment is liquid tight by using vacuum, pressure, or liquid
				testing in accordance with one (1) of the following:
1. Requirements developed by the manufacturer
				(Note: This option may only be used if the manufacturer has developed testing
				requirements. Self-testing apparatus may only be used if pre-approved by the
				department as a valid functionality test.); or
2. Interstitial test (for double-walled spill
				basins only) or spill containment 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. Other methods approved by the department,
				which may include a code of practice developed by a nationally recognized
				association or independent testing laboratory, determined to be no less
				protective of human health and the environment than the requirements listed in
				paragraphs 1. through 3. of this subsection.