Missouri Administrative Code

(Rescinded August 30, 2018) AUTHORITY: section 536.021, RSMo Supp. 2010. Original rule filed April 15, 2011, effec- tive Dec. 30, 2011. Rescinded: Filed Jan. 11, 2018, effective Aug. 30, 2018. JOHN R. ASHCROFT (7/31/18) CODE OF STATE REGULATIONS 3 Secretary of State…

Atomic Energy Act of 1954 (42 U.S.C. 2011 (whether of single- or double-wall construc- PURPOSE: This rule defines the under- and following); tion)— ground storage tanks that are subject to the (C) Any UST system that is part of an (A) Will prevent releases due to corrosion requir…

Tank Systems ...................................................................................3 10 CSR 26-2.012 Definitions .......................................................................................3

Hazardous Waste Management Law, sections 2.013; or 260.350–260.434, RSMo, and the rules pro- (B) Option 2. Permanent closure of the PURPOSE: This rule defines specific words mulgated thereunder or a mixture of haz- UST system no later than December 31, used in this chapter. ardou…

Distribution Systems ..........................................................................6 10 CSR 26-2.019 New Installation Requirements ...............................................................7 10 CSR 26-2.020 Performance Standards for New Underground Storage Tank S…

tank and/or UST system piping intended to ments be used for storage of a regulated substance, (7) Should one (1) or more of a manufacturer’s the tank and/or piping must be tested, PURPOSE: This rule sets the standards that requirements contradict the recommended inspected, and me…

system installed after July 1, 2017, must have certified by NACE International or Storage Tank Systems a containment sump beneath it. International Code Council (ICC); 1. A dispenser system is considered new PURPOSE: This rule contains requirements C. The lining or retrofit is in…

ments five (1–5) years for an initial Certificate of Registration and a period of five (5) years for (1) Owners and operators must ensure that PURPOSE: This rule specifies the registra- subsequent Certificates of Registration. releases due to spilling or overfilling do not tion p…

tions. To obtain a copy, contact the American Association Standard 326, Standard for the PURPOSE: This rule prevents releases Petroleum Institute, 1220 L Street NW, Safeguarding of Tanks and Containers for caused by chemical action on the under- Washington, DC 20005, (202) 682-80…

Sumps by a nationally recognized association(s) or checked at least once every thirty (30) days. independent testing laboratory(ies), deter- The person(s) conducting the inspection must PURPOSE: This rule contains the require- mined to be no less protective of human check to make…

Storage Tank Systems........................................................................18 10 CSR 26-2.041 Requirements for Petroleum Underground Storage Tank Systems ....................18 10 CSR 26-2.042 Requirements for Hazardous Substance Underground Storage Tank Systems …

Detection for Tanks dent tank system; thousand- (551–1,000-) gallon capacity tanks 4. Be done in conjunction with invento- with a diameter no greater than sixty-four PURPOSE: This rule contains the require- ry control that meets the requirements in 10 inches (64") are allowed a d…

Keeping (1) Owners and operators of underground (1) When required by the department, owners storage tank (UST) systems must report to the and operators of underground storage tank PURPOSE: This rule describes the records department within twenty-four (24) hours and (UST) systems …

*Original authority: 319.105, RSMo 1989; 319.107, RSMo 10 CSR 26-2.050 Reporting of Suspected Site Impacts 1989, amended 1994; and 319.137, RSMo 1989, amended Releases 1993, 1995, 2004. PURPOSE: This rule describes the require- PURPOSE: This rule describes the steps for ments for…

Confirmation Steps must begin site characterization and correc- cannot be accomplished within twenty-four tive action in accordance with 10 CSR 26- (24) hours, owners and operators must imme- PURPOSE: This rule describes the steps 2.070–10 CSR 26-2.083; or diately notify the depa…

equipment listings, contact the National Work 1995, 2004, 2008; and 319.137, RSMo 1989, amended 1993, 1995, 2004. Group on Leak Detection Evaluations, PURPOSE: This rule contains the require- www.nwglde.org. ments for underground storage tanks that are 1. If the system test confi…

Closure or Change in Service and section 319.137, RSMo Supp. 2013.* This rule originally filed as 10 CSR 20- the UST system site; or 10.072. Original rule filed April 2, 1990, (C) By mailing these records to the depart- PURPOSE: This rule describes the require- ment if they canno…

2004, 2008 and 319.137, RSMo 1989, amended 1993, Corrective Action to stop the spread of the release and finding 1995, 2004. the extent of the release. PURPOSE: This rule establishes general pro- cedures for responding to leaks of spills at (1) Unless directed to do otherwise by …

and Corrective Action requirements; under 10 CSR 26-2.072(1)(E); and (E) Measure for the presence of a release (D) Results of the free product investiga- PURPOSE: This rule describes the immediate where contamination is most likely to be pre- tions required under 10 CSR 26-2.072(…

Measures and Investigation effective Dec. 30, 2011. free product under 10 CSR 26-2.072(1)(F), JOHN R. ASHCROFT (4/30/17) CODE OF STATE REGULATIONS 27 Secretary of State Division 26—Petroleum and Hazardous 10 CSR 26-2—DEPARTMENT OF NATURAL RESOURCES Substance Storage Tanks owners …

underground storage tanks. department, owners and operators must per- tion form the following abatement measures upon (1) Owners and operators of petroleum or confirmation of a release: PURPOSE: This rule describes the steps for hazardous substance underground storage (A) Remove …

*Original authority: 319.109, RSMo 1989, amended 1995, AUTHORITY: sections 319.109 and 319.137, 2004, 2008. RSMo Supp. 2010.* This rule originally filed PURPOSE: This rule requires spilled, free as 10 CSR 20-10.062. Original rule filed product to be collected immediately. April 2…

and Groundwater Cleanup covered prior to the effective date of this rule, 1995, 2004. 28 CODE OF STATE REGULATIONS (4/30/17) JOHN R. ASHCROFT Secretary of State Chapter 2—Underground Storage Tanks—Technical Regulations 10 CSR 26-2…

pre-approval of costs and reinbursement of Missouri, is the site of an underground stor- PURPOSE: This rule sets clean-up levels for costs, in regard to the site. age tank which was (Removed/Closed) on underground storage tank corrective actions (B) The department will not requir…

tamination on nearby surface and ground Action Process for Petroleum Storage Tanks PURPOSE: This rule lists the requirements water; guidance document, October 17, 2013, for corrective action plans for cleanup of (E) An exposure assessment; and which is hereby incorporated by refe…

under 10 CSR 26-2.010(2) and UST systems releases or exposed below-ground releases nature of the release, including information subject to the Resource Conservation and and prevent further migration of the released gained while confirming the release or com- Recovery Act (RCRA), …

strate financial responsibility for taking cor- terms used in this chapter unless defined oth- rective action and for compensating third par- PURPOSE: This rule identifies those persons erwise in this rule or in the rule in which the ties for bodily injury and property damage req…

Responsibility Terms March 30, 2000. Moved and amended: Filed (5) If an owner or operator uses separate April 15, 2011, effective Dec. 30, 2011. mechanisms or separate combinations of PURPOSE: This rule defines specific terms mechanisms to demonstrate financial respon- used in th…

tanks (USTs) located in this state from the release of funds as specified in subsection Petroleum Storage Tank Insurance Fund. In (1)(C) or (D) of this rule, the director will addition, any other combination of mecha- instruct the trustee to release to the owner or nisms may be u…

and Combinations of Mechanisms PURPOSE: This rule outlines the methods allowed for demonstrating financial responsi- bility for releases from petroleum under- ground storage tanks. (1) Subject to the limitations of sections (2) and (3) of this rule— (A) An owner or operator, incl…

Insurance ments, if independently audited, cannot alternative coverage within one hundred fifty include an adverse auditor’s opinion, a dis- (150) days of the end of the year for which PURPOSE: This rule describes the require- claimer of opinion or a going concern quali- financia…

Retention Group Coverage PURPOSE: This rule describes the require- ments for use of insurance or risk retention group coverage for financial responsibility. (1) An owner or operator may satisfy finan- cial responsibility requirements in 10 CSR 26-3.093 by obtaining liability insu…

PURPOSE: This rule describes the require- ments for use of a surety bond as evidence of financial responsibility. (1) An owner or operator may satisfy the financial responsibility requirements of 10 CSR 26-3.093 by obtaining a surety bond that conforms to the requirements of this…

PURPOSE: This rule describes the require- ments for use of a letter of credit as evidence of financial responsibility. (1) An owner or operator may satisfy the financial responsibility requirements of 10 CSR 26-3.093 by obtaining an irrevocable standby letter of credit that confo…

request to the director for release of the Insurance Fund excess. PURPOSE: This rule describes the require- (D) If other financial assurance as speci- ments for use of the Petroleum Storage Tank fied in 10 CSR 26-3.090–10 CSR 26-3.115 is Insurance Fund for demonstrating financial…

3.099 shall establish a standby trust fund PURPOSE: This rule describes the require- when the mechanism is acquired. The trustee ments for use of a trust fund for demonstrat- of the standby trust fund shall be an entity ing financial responsibility. that has the authority to act …

Termination for nonpayment of premium or 2. Suspension or revocation of the Assurance Mechanisms by Owner or misrepresentation by the insured may not authority of a provider of financial assurance Operator occur until a minimum of ten (10) days after to issue a financial assuranc…

renewal by a Provider of Financial *Original authority: 319.114, RSMo 1989. Assurance

PURPOSE: This rule requires providers of 10 CSR 26-3.106 Reporting by Owner or financial responsibility to notify the depart- Operator PURPOSE: This rule describes the records ment of impending cancellation or nonrenew- that owners and operators must maintain for al of any financ…

Assurance Mechanisms bility claims eligible for payment under sec- tion (2) of this rule may exceed the balance of PURPOSE: This rule describes the proce- the standby trust fund and the obligation of dures for draw down of financial responsibil- the provider of financial assuranc…

Requirements mit the appropriate forms listed in 10 CSR 26-3.107(2) documenting current financial (1) If at any time after a standby trust is fund- PURPOSE: This rule describes when an responsibility. ed upon the instruction of the director with owner or operator is released from…

Financial Assurance..........................................................................30 10 CSR 26-3.111 Replenishment of Guarantees, Letters of Credit, or Surety Bonds ...................30 10 CSR 26-3.112 Local Government Bond Rating Test ................................…

enues (as defined in paragraph (2)(A)1. of Financial Test hundred fifty (150) days of the end of the year this rule) minus the sum of all transfers from other governmental entities, including all for which financial statements have been pre- PURPOSE: This rule describes the requi…

worded as specified in Form 15, included Guarantee herein. PURPOSE: This rule describes the require- (4) If the guarantor is the state, the local gov- ments for a local government guarantee of ernment guarantee with standby trust shall be financial responsibility. worded as speci…

where— PURPOSE: This rule describes the require- TF = the total required financial assurance ments for use of a local government fund for for the owner or operator; demonstrating financial responsibility. CF = the current amount in the fund; and Y = the number of years remaining …

Assessment rule may be found in 10 CSR 26-2.012 and A. The risk of exposure is dependent section 319.100, RSMo. on both the likelihood that humans or the PURPOSE: This rule establishes the proce- (B) Additional definitions specific to this environment may be exposed to contaminan…

Definitions consumptive use on the premises where to: stored; 1. Nonpetroleum or petroleum/non- PURPOSE: The Missouri Clean Water (D) Septic tanks; petroleum blended fuels such as biomass Commission is responsible for adopting rules (E) Pipeline facilities, including gathering fu…

Initial Release Response Measures measures described in section (8) of this rule. judgment shall be based upon documented physical evidence of a release at the AST site, PURPOSE: The Missouri Clean Water (2) System Test. For any suspected release including, but not limited to, th…

(Rescinded April 30, 2018) AUTHORITY: section 60.510(7), RSMo 1986. Original rule filed June 14, 1976, effective Nov. 15, 1976. Rescinded: Filed Sept. 20, 2017, effective April 30, 2018. JOHN R. ASHCROFT (3/31/18) CODE OF STATE REGULATIONS 3 Secretary of State…

(Rescinded April 30, 2018) 10 CSR 30-2.060 Approved Monumenta- (Rescinded April 30, 2018) tion AUTHORITY: sections 60.510(7) and 60.550, (Rescinded April 30, 2018) AUTHORITY: sections 60.510(7) and 60.550, RSMo 1986 and 448.2-109, RSMo Supp. RSMo 1986 and 448.2-109, RSMo Supp. 19…