New Installation Requirements

PURPOSE: This rule sets the standards that installations and installers of new underground storage tank systems must meet. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Any installer who intends to install an underground storage tank (UST) system for storage of a regulated substance must, at least fourteen (14) days before installing the tank, notify the department by approved form transmitted via email of intent to install a UST, except that this fourteen (14) day notice requirement may be waived by the department when a release is suspected or in other similarly urgent circumstances. The notification must provide the tank owner’s name, installer name, the name and location of the facility where the UST will be installed, the date that the installation is expected to commence, the date that the tank is expected to be brought in use, UST system information, including tank material, size, manufacturer, piping material, piping type, and manufacturer, release detection equipment, and spill and overfill equipment. The installation notice is valid for one hundred eighty (180) days from receipt by the department and only for the UST system(s) listed on the notice. If installation does not commence within one hundred eighty (180) days of the date on which the department received the notice, a new installation notice must be submitted prior to commencing installation activities. (2) Installers must document compliance with all manufacturer certification or training requirements for tank, piping, release detection equipment, and spill and overfill equipment installed. (3) Installers and manufacturers must be properly registered with the Missouri Department of Agriculture and have a current financial responsibility mechanism that complies with the requirements of 2 CSR 90-30.085. (4) Prior to installation of an underground tank and/or UST system piping intended to be used for storage of a regulated substance, the tank and/or piping must be tested, inspected, and measured in accordance with the manufacturer’s requirements and in accordance with the pre-installation inspection, testing, and/or backfilling sections of either— (A) American Petroleum Institute’s Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, fifth edition, 2011. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005, (202) 682-8000, www.api.org/standards/; or (B) Petroleum Equipment Institute’s Recommended Practice 100-2011, Installation of Underground Liquid Storage Systems, 2011 edition. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Petroleum Equipment Institute, Box 2380, Tulsa, OK 74101-2380, (918) 494-9696, www.pei.org. (5) Tanks, piping, and equipment must comply with the new system requirements in 10 CSR 26-2.020. Installations shall be conducted in accordance with all manufacturers’ requirements and in accordance with either— (A) American Petroleum Institute’s Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, fifth edition, 2011. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005, (202) 682-8000, www.api.org/standards/; or (B) Petroleum Equipment Institute’s Recommended Practice 100-2011, Installation of Underground Liquid Storage Systems, 2011 edition. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Petroleum Equipment Institute, Box 2380, Tulsa, OK 74101-2380, (918) 494-9696, www.pei.org. (6) When a new UST system is installed at a marina, the installer must comply with the Petroleum Equipment Institute’s Recommended Practice 1000-2014, Recommended Practices for the Installation of Marina Fueling Systems, 2014 Edition or an alternative procedure approved by the department. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Petroleum Equipment Institute, Box 2380, Tulsa, OK 74101-2380, (918) 494-9696, www.pei.org. (7) Should one (1) or more of a manufacturer’s requirements contradict the recommended industry practice(s), the manufacturer’s requirements shall be followed. Backfill materials must meet tank and piping manufacturers’ specifications. (8) The tank and piping system must pass a one-tenth (0.1) gallon/hour system tightness test before the system is brought in-operation. The tank tightness test must be— (A) A tank tightness test method listed and conducted in accordance with the National Work Group on Leak Detection Evaluations certificate. To obtain a copy, download the appropriate certificate from www.nwglde.org; or (B) A one-tenth (0.1) gallon/hour third party certified test conducted using the automatic tank gauge with the tank at least ninety-five percent (95%) full. (9) For tank system installations on or after July 1, 2017, before the UST system is brought in-operation— (A) Spill and overfill prevention equipment must be tested in accordance with 10 CSR 26-2.030; (B) Secondary containment sumps must be tested in accordance with 10 CSR 26-2.035; and (C) All release detection equipment must be operability tested in accordance with 10 CSR 26-2.040 and 10 CSR 26-2.048. (10) All new tanks must be tied down. Tiedown straps must meet the manufacturer’s design specifications and be installed in locations and at a frequency prescribed by the manufacturer. (11) Until the installation is complete and the system is released by the installer to the owner/operator, the tank shall be monitored for leaks daily by using either— (A) An approved release detection method, in accordance with 10 CSR 26-2.043; or (B) Daily Inventory Liquid Measurements. Upon completion of initial post-installation tightness testing, daily measurements are based on the average of two (2) consecutive stick readings. A variation of no greater than twenty-six (26) gallons per week is allowed. Any suspected release, alarm, or inconclusive or failure result from these release detection methods must be reported and investigated in accordance with 10 CSR 26-2.050. (12) Upon the department’s discovery of an installation that is not in compliance with the requirements of this rule, the department’s authorized representative may require that the installation remain open and uncovered, or that no additional UST system work be conducted, until— (A) The manufacturer approves the installation that deviates from their written guidelines, specifications, and instructions; (B) The owner approves the installation; and (C) The department approves the installation. (13) Any equipment repairs necessary during the installation must be manufacturer certified or approved, with supporting written documentation from the manufacturer. (14) Certification of Installation. All installers must ensure that one (1) or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with this rule by providing a certification of compliance: (A) The installation has been inspected and approved by the department; (B) All work listed in the manufacturer’s installation checklists has been completed and submitted to the department; or (C) The installer has complied with another method for ensuring compliance with this rule that is pre-approved by the department to be no less protective of human health and the environment. AUTHORITY: section 319.105, RSMo 2016.* Original rule filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed Aug. 15, 2016, effective May 30, 2017. *Original authority: 319.105, RSMo 1989.