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 26-2.052 - Release Investigation and Confirmation Steps

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, 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