Assessing the Site at Closure or Change in Service

PURPOSE: This rule describes the requirements of a site assessment to determine whether there has been a release from the underground storage tank system. 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) Before permanent closure or a change in service is completed, owners and operators must measure for the presence of a release where contamination is most likely to be present at the underground storage tank (UST) site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release. (2) If one (1) or more contaminants in soil or groundwater at concentrations above the default target levels in Table 3-1 of the guidance referenced at subsection (3)(A) of this rule or free product as a liquid or vapor is discovered under section (1) of this rule, or by any other manner, owners and operators must begin site investigation and corrective action in 10 CSR 26-2.070–10 CSR 262.083. (3) Owners and operators shall follow a written procedure. (A) To comply with this rule, owners and operators may use the Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks guidance document, October 17, 2013, which is hereby incorporated by reference without any subsequent amendments or additions, and is published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176. (B) Other written procedures may be used with prior written approval of the department. AUTHORITY: section 319.111, RSMo 2000, and section 319.137, RSMo Supp. 2013.* This rule originally filed as 10 CSR 2010.072. Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed June 17, 2013, effective Feb. 28, 2014. *Original authority: 319.111, RSMo 1989 and 319.137, RSMo 1989, amended 1993, 1995, 2004.