Mo. Code Regs. tit. 10 § 26-2.040
Current through Register Vol. 49, No. 23, December 2, 2024
Section 10 CSR 26-2.040 - General Requirements for Release Detection for All Underground Storage Tank SystemsPURPOSE: 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 that are in use must use a method, or combination of methods, or release detection that- (A) Can detect a release from any portion of the tank and the connected underground piping that routinely contains a regulated substance, except remote fills and gravity piping;(B) Is installed, calibrated, operated, tested, and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition. If manufacturer's test methods are not available, the annual operability test may be conducted in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory or a method approved by the department. Operability test reports must, at a minimum, include facility name and address, components tested, model and serial number (if legible), testing date, test method, technician name and affiliation, and a certification of results;(C) For existing sites, the first test is due not later than January 1, 2020. Electronic and mechanical release detection equipment must be tested annually for proper operation, in accordance with subsection (B) of this section. A test of the proper operation must be performed at least annually and, at a minimum and as applicable to the facility, cover the following components and criteria: 1. Automatic tank gauge and other controllers: test alarm; verify system configuration; test battery backup;2. Probes and sensors: inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks, bends, and breaks; test alarm operability and communication with controller; and3. Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller;(D) Meets the performance requirements for tanks in 10 CSR 26-2.043 or 10 CSR 26-2.046 for field constructed tanks, or for piping in 10 CSR 25-2.044 or 10 CSR 26-2.047 for bulk piping, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, all release detection methods must be capable of detecting the leak rate or quantity specified for the method in 10 CSR 26-2.043, 10 CSR 26-2.044, 10 CSR 26-2.046, or 10 CSR 26-2.047, as appropriate, with a probability of detection of ninety-five percent (95%) and a probability of false alarm of five percent (5%); and(E) All release detection methods and equipment must be conducted and operated in accordance with the applicable National Work Group on Leak Detection Evaluations listing, unless otherwise approved by the department. To obtain copies of equipment listings, contact the National Work Group on Leak Detection Evaluations, www.nwglde.org.(2) When a release detection method for tanks in 10 CSR 26-2.043 or 10 CSR 26-2.046 or for piping in 10 CSR 26-2.044 or 10 CSR 26-2.047 indicates a release may have occurred, owners and operators must notify the department in accordance with 10 CSR 26-2.050-10 CSR 26-2.053. AUTHORITY: sections 319.105, 319.107, and 319.111, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.040. Original rule filed April 2, 1990, effective 9/28/1990. Amended: Filed Aug. 3, 1993, effective 4/9/1994. Moved and amended: Filed April 15, 2011, effective 12/30/2011 . Amended by Missouri Register April 17, 2017/Volume 42, Number 08, effective 5/31/2017*Original authority: 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; and 319.137, RSMo 1989, amended 1993, 1995, 2004.