Permanent Closure and Changes in Service

PURPOSE: This rule contains the requirements for permanent closure of underground storage tanks as well as for converting underground storage tanks to an unregulated use. 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) Owners and operators must notify the department in writing, on forms provided by the department, at least thirty (30) days before beginning either permanent closure or a change in service of an underground storage tank (UST), unless this action is in response to corrective action or the department approves a shorter time period. The required assessment of the excavation zone under 10 CSR 26-2.062 must be performed after notifying the department but before completion of the permanent closure or a change in service. The closure notice is valid for one hundred eighty (180) days. If permanent closure or change in service does not commence within one hundred eighty (180) days of the date the notice is received by the department, a new closure notice must be submitted prior to commencing closure activities. (2) To permanently close a tank, owners and operators must empty and clean it by removing all liquids and accumulated sludges. Liquids and sludges shall be managed in accordance with state and federal regulations. All tanks taken out of service permanently must also be either removed from the ground or filled with an inert solid material. (3) Continued use of a UST system to store a nonregulated substance is a change in service. Before a change in service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with 10 CSR 26-2.062. (4) Lining a steel tank with a material that is approved as a stand-alone underground storage tank under Underwriters’ Laboratories Standard 1316, revised 2006, is a change in service. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Underwriters’ Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096, (847) 272-8800, www.ul.com. Before a change in service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with 10 CSR 26-2.062. (5) Owners and operators shall follow a written procedure. A copy of the written procedure or, if the written procedure is commonly available, a clear reference to the written procedure shall be submitted to and approved by the department prior to beginning activities required by this rule. It may be supplemented with the following cleaning and closure procedures: (A) American Petroleum Institute Recommended Practice 1604, Closure of Underground Petroleum Storage Tanks, revised 2001. 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) 6828000, www.api.org/standards; (B) American Petroleum Institute Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry from Decommissioning through Recommissioning, revised 2001. 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; (C) American Petroleum Institute Standard 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks, revised 2001. 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) 6828000, www.api.org/standards; and (D) Owners and operators may use other written procedures with prior written approval of the department. AUTHORITY: sections 319.105, 319.107, and 319.111, RSMo 2000, and section 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.071. Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Amended: Filed April 1, 1999, effective March 30, 2000. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. *Original authority: 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.111, RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995, 2004.