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 26-2.050 - Reporting of Suspected Releases

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 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; or
2. 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); or
3. In the case of
				inventory control, a second month of data does not confirm the initial
				result.