Changes to the Underground Storage Tank Regulations
The Hazardous Waste Management Commission voted to adopt the Missouri Department of Natural Resource’s final draft of the underground storage tank rules on Dec. 15, 2016. That was the first step in the process to “finish and finalize” the rules. The final draft of the rules will be filed with the Legislature’s Joint Committee on Administrative Rules (JCAR). If it passes through JCAR, then the department will file the rules with the Secretary of State (SOS). These rules are expected to be effective April 30, 2017 (please note, many requirements have much later implementation or due dates).
- Redline copy of the final draft
- Final draft without markups
- Final Rule Changes informational handout
Below, you can find the comments submitted to the department on these rules, as well as the department’s responses to those comments and changes made. The department appreciates all of the input, expertise and suggestions provided throughout the rule process.
- Transcript from the October hearing
- Transcript from the November hearing (two reprinted rules only)
- Written comments submitted to the department
- Responses to comments
The department has officially begun the formal rulemaking process. The proposed rules were published Sept. 15, 2016, in the Missouri Register.
The Missouri Hazardous Waste Management Commission (HWMC) will hold a public hearing on this rule action beginning at 10 a.m. on Oct. 20, 2016, at the Elm Street Conference Center, 1730 E. Elm St., Jefferson City, Mo. Any interested person will have the opportunity to testify. Advance notice is not required. However, anyone who wants to make arrangements to testify may do so prior to the hearing by contacting the secretary of HWMC, Debra Dobson, at 573-751-2747.
Any person may submit written comments on this rule action. Interested persons, whether or not heard, may submit a written or email statement of their views until midnight on Oct. 27, 2016. Written comments shall be sent to the director of the Hazardous Waste Program (HWP), Steve Sturgess, at: PO Box 176, Jefferson City, MO 65102-0176. To be accepted, written comments must be postmarked by midnight on Oct. 27, 2016. Email comments shall be sent to firstname.lastname@example.org.
Two of the underground storage tank (UST) proposed rules had to be republished. These two rules outline the release detection options for airport hydrant fuel distribution systems and field-constructed tanks. There is a separate hearing for only these two rules on Nov. 3, 2016, at 9:30 a.m., with the written comment period closing on Nov. 10, 2016. The rest of the information listed above (location of meeting, how to attend, how to submit comments) remains the same.
Walkthrough Inspections (information from recent e-mail)
A discrepancy was recently found in the proposed underground storage tank rules.It had been said during the department’s outreach efforts (meetings, handouts, etc.) the annual walk through inspections would apply to all sites. In last minute rule reviews, it has come to the attention of the department this is not correct. The current draft, as it is being filed, will only propose to require annual walkthrough inspections at the sites with new, required containment sumps (sites with new double-walled tanks, new double-walled piping and/or the new required containment sumps).
Thank you to all of who provided thoughts, input and costs on options for how to address the difference between what has been shared and the language as drafted. The department appreciates your efforts. Please note, this dialogue will remain open throughout the continuing rule process.
Points to Consider
1) The department met with John Albert, Missouri Department of Agriculture. For most of you, they already inspect your dispensers twice a year.The department and Department of Agriculture agreed to work out a plan where Agriculture’s inspections would document the “annual walkthrough” of the dispenser area. Assuming you respond to their inspection, the department intends to accept the Weights and Measures Inspection as the dispenser portion of the walkthrough inspection. The Department of Agriculture was happy to work with the department and help the regulated community by adding items to their checklist to make sure it would satisfy the federal requirements.
2) To establish a cost for the rule, contractors were asked what they believed the cost would be to conduct this extra tank top inspection, if already on-site and conducting annual testing. The costs ranged from $150 - $350 per site, for a typical site, with most on the lower end of this spectrum. Owners retain the option to conduct this inspection themselves or with their own staff.
3) A walkthrough inspection is designed to be a check of an area to determine if a leak is present and if the equipment appears to be in good working order. These inspections would appear to be more (not less) critical in older sites without a containment sump andsensor. Yet the way the current language is written, the older sites would not be checked. Only the new sites and new sumps would require a check of the area.
The department wants to keep this dialogue open and transparent. It wants to keep both options on the table for the upcoming rule process. The department continues to value and appreciate your input. Thank you again to all who shared your costs, thoughts, opinions and most valuable, your time.
Draft documents of the proposed regulations draft in different formats, used during the informal rulemaking process:
- Updated July 2016 redline version (shows changes made)
- The Secretary of State's (SOS) version (shows formatting that will be used in the formal submittals to SOS' office--similar to the officially published versions available during the offical public comment period coming Fall 2016) Updated July 2016
- Non-redline version (Updated July 2016)
If you have questions regarding these regulations, contact Heather Peters of HWP at 800-361-4827 or 573-522-5665 or by email.
UST Rules Informational Training Documents from July 21, 2016
- Removing Water From Gas Station Containment Sumps (PUB2640)
View details on proposed timeline of compliance dates.
View a recent presentation on these rules.
The upcoming rulemaking will try to address three primary goals:
- Include state specific requirements- resolve issues with 2011 rulemaking, address problems seen in Missouri, clarify vague or ambiguous language
- Enact the secondary containment (double-walled) requirements, as mandated by EPA
- Include the new EPA regulations
The State Specific Changes
These proposed changes are the state-specific proposals open to discussion.
These proposed changes can be enacted, modified or deleted completely.
We need your input.
- Reduce the new installation notification requirement from 30 days to 14 days
- Require tie-downs on all new USTs
- Require post-installation tank and line tightness testing (0.1gph) in accordance with NWGLDE and method certification requirements OR testing conducted with the automatic tank gauge testing at the 0.1gph certified threshold with the tank 95% full
- Establish a section for marinas (require new marina systems to comply with PEI RP 1000-2009)
- Clarify that if either wall of a double walled system fails, the tank must be repaired and recertified or replaced
- Prohibit field-repair of a spill basin (only allowing manufacturer-constructed retrofits or upgrades)
- Metal piping that is not adequately protected from corrosion for more than 90 days must be replaced or closed
- Interior lining work must be conducted by a NACE International or International Code Council (ICC) certified technician
- Interior lining inspections must include photo or video documentation
- Incorporate the new UL 1856 standard into the regulations
- Waive the 5 year internal inspection for double walled interior linings that are continuously monitored interstitially
- Move federal definitions currently “incorporated by reference” into the state regulations
- New USTs installed after July 1, 2017, must be double-walled
- After July 1, 2017, new piping, or when 50 percent of a piping system is replaced, must be double-walled
- Require interstitial space (the space between two walls of a tank or piping) be monitored in double-walled systems installed after July 1, 2017
- Require containment sump testing every three years for new systems and new required sumps
- Require dispenser sumps after July 1, 2017 when dispensers and piping are replaced
- Regulation of previously deferred or exempted tanks- field constructed (e.g. concrete) tanks and airport fueling systems
- Regular testing of spill basins and containment sumps (sump testing only on new systems installed after July 1, 2017) every three years or monthly using interstitial monitoring (*Start in 2019 - It is due by Jan. 1, 2020)
- Testing of overfill prevention equipment every three years(*Start in 2019 - It is due by Jan. 1, 2020)
- Annual testing of all release detection equipment- line leak detectors, ATG probes, sump sensors(*Start in 2019 - It is due by Jan. 1, 2020)
- Significant changes to continue of vapor and groundwater monitoring – state is proposing to sunset these methods instead by *July 1, 2020
- Required walkthrough inspection monthly of spill basins and electronic monitoring equipment
- Required annual walkthrough inspections of all other equipment, tank top areas, containment sumps and dispensers at sites with new equipment- see additional notes above on walkthrough inspections (*Start in 2019 - It is due by Jan. 1, 2020)
- EPA required changes to Missouri’s existing SIR regulation (Draft policy memo will explain those changes and the department's implementation)
*Missouri proposed compliance dates for the EPA rules
UST Operator Training in Missouri
The Petroleum Storage Tank Insurance Fund Board of Trustees has created an on-line operator training program, which includes a “test only” option. This program is free to Missouri operators. The Fund has also promulgated regulations to enact the operator training program.
The Missouri operator training regulations:
- Require qualified Class A/B Operator for all in-use facilities by July 1, 2016
- Require Class C Operators must be trained or pass a test no later than July 1, 2016
- Accept operator certifications from adjacent states (except Nebraska)
- Require retraining when the department determines a significant operational compliance violation (defined by EPA) has occurred
Regulations and Training available now on-line: http://www.pstif.org/ust_operator_training.html
Note: The Missouri Risk-Based Corrective Action regulations for underground storage tanks were not part of this rulemaking process.