Changes to the Underground Storage Tank Regulations
Last updated Aug. 16, 2017
If you wish to provide comments on any existing department regulation, please visit the department’s Red Tape Reduction website at http://dnr.mo.gov/redtapereduction.
Under Gov. Greitens' leadership, all state agencies are working to reduce regulations or other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implement statutory mandates and maintain state control of programs. Any proposed changes to rules discussed on this page are being developed with these goals in mind. We welcome your comments to help insure that our regulations provide required protections but do not add unneeded costs.
Click here to see the final rules.
The Missouri Department of Natural Resources has completed the rulemaking process to incorporate the U.S. Environmental Protection Agency's (EPA's) 2015 Underground Storage Tank (UST) regulation changes. The rules were 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.
- 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 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 have questions regarding these regulations, contact Heather Peters of HWP at 800-361-4827 or 573-522-5665 or by email.
If you would like to read the actual rule text, below are the links to different formats:
- 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
- Clarify that if either wall of a double walled system fails, the tank must be repaired and recertified or replaced
- 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).
- 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 percent full
- Establish a section for marinas (require new marina systems to comply with PEI RP 1000-2009)
- Regulation of previously deferred or exempted tanks- field constructed (i.e. concrete) tanks and airport fueling systems
- New Install Proposed Rule Changes presentation during the rulemaking process
- Your info
Spill and Overfill Prevention
- Your info
- Your info
- Your info
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: 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
- Proposed Underground Storage Tank Rule Changes presentation July 2017
- Annual testing of all release detection equipment- line leak detectors, ATG probes, sump sensors (*Start in 2019 - It is due by Jan. 1, 2020).
- EPA required changes to Missouri's existing SIR regulation (The final policy memo will explain those changes and the department's implementation)
- Significant changes to continue of vapor and groundwater monitoring – state is proposing to sunset these methods instead by *July 1, 2020
Spill and Overfill Prevention
- Regular testing of spill basins every three years or monthly using interstitial monitoring (*Start in 2019 - It is due by Jan. 1, 2020).
- Spill basins must be tested at installation by either following: a) the manufacturer’s installation test procedures or, b) if those are not available, Petroleum Equipment Institute’s Recommend Practice (RP) 1200 Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities.
- Prohibit field-repair of a spill basin (only allowing manufacturer-constructed retrofits or upgrades)
- Testing of overfill prevention equipment every three years (*Start in 2019 - It is due by Jan. 1, 2020).
- The department has approved two “self-testing” overfill devices (that do not require removal from the drop tube to inspect):
- Franklin Fueling Defender (procedures)
- OPW Testable Overfill Prevention Valve [link to: http://opwglobal.com/docs/libraries/manuals/retail-fueling/below-ground/opw-fcs-manuals/71so-testable-(h15524pa)-1-30-14.pdf?sfvrsn=8]
- Two more “self-testing overfill devices are currently under review:
- Emco Wheaton Retail Testable Overfill device
- Universal Testable Overfill device
- TO USE THE SELF-TEST, you must follow the self-test procedures to check the equipment and confirm that the flapper valve is installed at a height no higher than 95 percent volume in the tank. Links to the procedures are provided above.
- 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 five year internal inspection for double walled interior linings that are continuously monitored interstitially
- 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.
- PEI RP 1200 and PEI RP 900 may be used as guidelines on how to inspect the equipment, what to look for, and how to respond. You do NOT need to follow the inspection frequency in the guidelines (which may be more frequent than required by rule) nor do you need to inspect more equipment that required by rule.
Note: The Missouri Risk-Based Corrective Action regulations for underground storage tanks were not part of this rulemaking process.