Tanks Risk-Based Corrective Action

• Nov. 6, 2009: The department issued an errata notice pertaining to Appendix D of the 2004 Missouri Risk-Based Corrective Action (MRBCA) Process for Petroleum Storage Tanks guidance document. The 2009 Errata Notice concerns an incorrect conversion factor in the Appendix. The conversion factor was corrected in the 2013 guidance.
• June 3, 2011: The department issued an errata notice pertaining to Table 4-1, Soil Concentration Levels to Determine the Need for Groundwater Evaluation During Tank Closure, of the April 2005 Missouri Risk-Based Corrective Action (MRBCA) Process for Petroleum Storage Tanks guidance document. The 2011 Errata Notice concerns incorrect target levels in the table pertaining to TPH-GRO, TPH-DRO, C6-C8 Aliphatics, C8-C10 Aliphatics, C10-C12 Aliphatics and C12-C16 Aliphatics.
• Sept. 17, 2013: Under the RBCA process, activity and use limitations (AULs) may be used as part of a corrective action plan to address risks associated with a petroleum storage tank release. To promote consistency and efficiency in the application of AULs, the department developed model activity and use limitations and one and two-party restrictive covenants. The model documents are available under the “Activity and Use Limitations” section.
• Oct. 17, 2013: The Hazardous Waste Management Commission gave final approval to the department’s amendments of Code of State Regulations 10 CSR 26-2.062, 26-2.078, and 26-2.082 and the updated Risk-Based Corrective Action Process for Petroleum Storage Tanks guidance document. The guidance update included changes to the Tier 1 Risk-Based Target Levels (RBTLs). The rule amendments were necessary to, in part, incorporate the updated Tanks Risk-Based Corrective Action guidance, dated Oct. 17, 2013, into rule by reference. The amended rules became effective Feb. 28, 2014.
  • The department developed the Guidance Document Applicability for Tank Closures and Changes in Service and Investigations, Risk Assessment, and Corrective Action for Releases from Tanks Systems to explain which version of the Risk-Based Corrective Action Process for Petroleum Storage Tanks guidance document owners and operators and their consultants may use before and after the amended rules and updated guidance document become effective. 
• Jan. 8 , 2014: The department developed the Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks: 2013 Guidance Document Update - PUB2933 fact sheet to explain the differences between the 2004 Missouri Risk-Based Corrective Action (MRBCA) Process for Petroleum Storage Tanks guidance and the 2013 updated guidance. The document is nearly comprehensive, excluding only a few minor, non-substantive grammatical corrections.
• May 29, 2015: The department issued an errata notice pertaining to Figures 2-1 and 2-2 of the Oct. 17, 2013 Tanks Risk-Based Corrective Action (RBCA) guidance. The 2015 Errata Notice pertains to the department inadvertently omitting the figures.
  • Missouri Risk-Based Corrective Action Program: Figure 2-1 Key Activities Under MRBCA and Figure 2-2 MRBCA Process Flowchart

For information regarding any future changes, visit the department's MRBCA Revision Information webpage. If revisions are made, the guidance below will be amended.

• 2005 Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks Guidance, modified March 2005
• 2013 Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks Guidance, October 2013
  • Table of Contents
  • Corrected Appendix B Table of Contents

NOTE: If applying the 2013 version of the MRBCA guidance, if developed, Tier 2 site-specific target levels must be calculated by the person conducting the evaluation using the updated equations and input values found in Appendix B or using the MRBCA Computational Software for Petroleum Storage Tanks Version 3.0, dated February 2014. Earlier versions of the software shall not be used with the updated guidance. Version 3.0 of the software is available from the RAM Group by calling 713-784-5151.

Sections 6.9 and 11 of the Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks guidance document (both the 2004 and 2013 versions) allow for activity and use limitations (AULs) to be used as part of a corrective action plan for a petroleum storage tank release. Corrective action plans must be submitted to the department for review and approval. The department evaluates each proposal on a case-by-case basis to determine whether the proposed AUL is technically and legally sufficient to manage or eliminate unacceptable risk associated with a release. If the department approves the use of a restrictive covenant as part of a corrective action plan, it must be properly recorded in the property’s chain-of-title before the department will issue a no further action letter for that release. The department recommends tank owners and operators who are considering using an AUL consult with an attorney.

While the department prefers the use of two-party covenants signed by both the landowner and the department, other formats may be used. A two-party covenant would enable the department to ensure future landowners comply with the restriction(s), which may reduce the risk of future noncompliance and the risk of further action by the tank owner or operator from whose tanks the release occurred. To help tank owners and operators and other parties complete the covenants, and to speed up the department’s review and approval of completed covenants, the department has provided the color-coded model documents below. Sections highlighted in yellow must be filled in using site-specific information. Sections highlighted in green may be changed if warranted. Changes to the sections highlighted in gray should be made rarely and only when justifiable. Any changes to the gray sections will require review by department legal counsel, may be found to be unacceptable, and will very likely significantly delay department approval of the covenant.

• Restrictive Covenant Regarding Petroleum Contamination: Single Party Model
• Restrictive Covenant Regarding Petroleum Contamination: Two Party Model
• Model Activity and Use Limitations

Related Documents

• Exclusion of Exposure Pathways Relative to an Active Underground Storage Tank Pit (This policy was incorporated into the 2013 guidance.)
• Dispute Resolution, Aug. 11, 2021 - Procedure for review of objections by parties responding to the department’s regulatory determinations regarding required response actions for petroleum storage tanks.
• Technical Memorandum to Vapor Pathway Subgroup: Update and Recommendations, December 2004
• City of St. Louis Groundwater Ordinance and Memorandum of Understanding with DNR
• Plume Stability Evaluations at Petroleum Release Sites Training Document, April 2, 2021
  • Appendix B: Mann-Kendall Template
• Plume Stability Evaluations at Petroleum Release Sites Training Webinar, Aug. 18, 2021
  • Plume Stability Evaluations at Petroleum Release Sites Training PowerPoint® presentation
• Characterization and Remediation in Fractured Rock - Interstate Technology Regulatory Council (ITRC)

Fact Sheets

• Beneficial Use of Petroleum Contaminated Soil - PUB2177
• Free Product Recovery and Documentation of ‘As Much As Practicable’ - PUB2577
• Missouri Risk-Based Corrective Action for Petroleum Storage Tank Sites: Analysis of Ethanol and Methanol in Groundwater - PUB2168
• Missouri Risk-Based Corrective Action for Petroleum Storage Tank Sites: Analysis of Petroleum Hydrocarbon Fractions - PUB2161
• Missouri Risk-Based Corrective Action for Petroleum Storage Tank Sites: Applicability of Vapor Pathway to Soil - PUB2162
• Missouri Risk-Based Corrective Action for Petroleum Storage Tank Sites: Appropriate Documents to Be Sealed by a Registered Geologist or Professional Engineer - PUB2483
• Missouri Risk-Based Corrective Action for Petroleum Storage Tank Sites: On-Site Landfarms - PUB2207
• Missouri Risk-Based Corrective Action for Petroleum Storage Tank Sites: Sampling for Polynuclear Aromatic Hydrocarbons - PUB2160

Reporting Forms

These forms are only applicable if the 2004 Missouri Risk-Based Corrective Action (MRBCA) Process for Petroleum Storage Tanks guidance document is used. They are not applicable when using the 2013 guidance.

• Tier 1 - Tier 2 Assessment Forms, November 2004
   Zip XLS

When opening the Tier 1 - 2 Excel files, a series of dialogues will be presented.

• Click OK if "missing file" warnings appear, there are no missing files.
• Click Enable Macros when given the option. Several functions of the forms use macros.
• Click No when asked to update links, there are no external links to update.

Note: The risk-based target levels that appear on forms Tier 1-12(1) through Tier 1-12(10) are not current and, therefore, the forms should not be used as part of a risk assessment report. Alternatively, forms Tier 2-2(1) through Tier 2-2(10) or a table or spreadsheet of your own construction may be used for Tier 1 reporting. To use the Tier 2-2 forms at Tier 1, enter both a representative concentration and a current, soil type dependent risk-based target level on the forms. Cross through the form number in the upper right corner and write in the corresponding Tier 1 form number (e.g., Tier 1-12(1)).