Changes to the Underground Storage Tank Regulations
Last updated June 13, 2017
Click here to see the final rules.
The Missouri Department of Natural Resources has completed the last step in the rulemaking process, filing the final draft with the Secretary of State for publication. The rules will be effective May 30, 2017 (please note, many requirements have much later implementation or due dates).
The department has created guidance documents and brochures to provide interpretation on the many new UST requirements. Here are the newest publications. More to come in the future.
- Straight Talks on Tanks - this booklet provides easy-to-understand descriptions of several release detection methods for tanks and piping, as well as explanations of Missouri’s regulatory requirements for release detection.
- Missouri’s Musts for USTs - this booklet summarizes state underground storage tank (UST) requirements for installation, reporting, spill and overfill prevention, corrosion protection, release detection, walkthrough inspections, compatibility, operator training, repairs, financial responsibility, release response and closure
- May 2017 Newsletter: Testing Edition
- Dispenser Replacement Guidance -- My Dispenser Is Being Replaced, Is a Containment Sump Required?
- Containment Sump Testing - Get Your Questions Answered
- New Secondary Containment Requirements - I am Installing New Tanks or Piping, What Is Required?
- Final Rule Changes informational handout
- Removing Water From Gas Station Containment Sumps (PUB 2640)
- For additional details on proposed changes, please read our Rules Explanation Document (June 2016 Newsletter)
- View details on the updated timeline of compliance dates
- View a current presentation on these rules
If you would like to read the actual rule text, below are the links to different formats:
- Final Rules
- Secretary of State's rule publication
- Redline copy of the final draft
- Final draft without markups
- The expanding list of changes below has been updated and includes some example forms (use of forms is not required)
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
The State Specific Changes
- 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 every three years or monthly using interstitial monitoring (*Start in 2019 - It is due by Jan. 1, 2020).
- Regular testing of containment sumps (sump testing only on new systems installed after July 1, 2017) every three years or monthly using interstitial monitoring (*Starts at installation).
- 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).
- 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.
- EPA required changes to Missouri’s existing SIR regulation (The final 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
Documents Used During the Rulemaking Process
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 proposed rules were published Sept. 15, 2016, in the Missouri Register.
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 public comment period) Updated July 2016
- Non-redline version (Updated July 2016)
- August 2015 version of the rules explanation document
Note: The Missouri Risk-Based Corrective Action regulations for underground storage tanks were not part of this rulemaking process.