Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 5 - Aboveground Storage Tanks- Release Response › Section 10 CSR 26-5.010 - Applicability and Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Clean Water Commission is
				  responsible for adopting rules necessary to prevent, control, and abate
				  potential discharge of contaminants to the waters of the state. Releases of
				  petroleum and other regulated substances from aboveground storage tanks and
				  associated piping, primarily from ASTs located at service stations, marinas,
				  bulk plants, and fleet fueling facilities, have been documented throughout the
				  state. While the applicable Department of Agriculture regulations focus on
				  prevention of such releases, there are currently no specific requirements for
				  release response measures that must be taken to protect the environment and the
				  waters of the state. The commission has determined release response measures to
				  be necessary because, once a release has occurred, the nature of the
				  contaminants is such that, without appropriate release response measures, there
				  is a substantial threat that the discharged contaminants will pollute the
				  waters of the state. The intent of the release response measures required by
				  the rules in this chapter is to prevent any discharged contaminants from
				  polluting the waters of the state. This rule specifies which aboveground
				  storage tanks must comply with the technical requirements set forth in this
				  chapter and defines specific words used in this chapter so that the meaning of
				  these terms, and their application in the rules of this chapter, is easily
				  understood.
(1) The
				requirements in this chapter apply to the owner or operator of any facility on
				which one (1) or more aboveground storage tanks (AST), as the term is defined
				in this rule, is located.
(2)
				"Aboveground storage tank (AST)" or "AST System" means any one (1) or a
				combination of tanks, including pipes connected thereto, used to contain an
				accumulation of regulated substances and the volume of which, including the
				volume of the above-ground pipes connected thereto, is more than ninety percent
				(90%) above the surface of the ground, and is utilized for the sale of products
				regulated by Chapter 414, RSMo. The term does not include those tanks listed
				below or aboveground storage tanks at petroleum pipeline terminals. The
				following are not considered aboveground storage tanks:
(A) Underground storage tanks (USTs) as
				defined in 319.100, RSMo;
(B) Farm
				or residential tanks, regardless of size, used for storing motor fuel for
				noncommercial purposes;
(C) Tanks
				used for storing heating oil for consumptive use on the premises where
				stored;
(D) Septic tanks;
(E) Pipeline facilities, including gathering
				lines, regulated under:
1. The federal
				Natural Gas Pipeline Safety Act of 1968 ( P.L. 90-481 ), as amended;
				or
2. The federal Hazardous Liquid
				Pipeline Act of 1979 ( P.L. 96-129 ), as amended;
(F) Pipeline facilities regulated under state
				laws comparable to the provisions of law referred to in subsection (E) of this
				section;
(G) Surface impoundments,
				pits, ponds, or lagoons;
(H) Storm
				water or waste water collection systems;
(I) Flow through process tanks;
(J) Liquid traps or associated gathering
				lines directly related to oil or gas production and gathering
				operations;
(K) Storage tanks
				situated in an underground area, such as a basement, cellar, mineworking,
				drift, shaft, or tunnel, if the storage tank is situated upon or above the
				surface of the floor; and
(L)
				Transformers, circuit breakers, or other equipment or machinery that contain
				regulated substances for operational purposes.