Risk-Based Target Levels

PURPOSE: This rule sets clean-up levels for underground storage tank corrective actions and for site assessment, site characterization, and workplan development, which are all stages in developing clean-up levels. The rule also sets deed notice language to assure that the site is not used in a manner which would pose unacceptable risk or exposure. The rule requires that sites be ranked and that the ranking be used to allocate staff and funds. (1) Applicability. This rule applies to all cleanups of petroleum releases from underground storage tanks (USTs). (2) Upon being so directed by the department, the UST remediator shall conduct a preliminary assessment of the site. (A) The requirement for a preliminary assessment is waived if permanent closure is being conducted, or significant contamination is known to exist at the site, and the department has been notified of a release as required in 10 CSR 24-3.010(1). (B)The preliminary assessment shall be conducted according to department guidance. (3) The department will evaluate the results of the preliminary assessment to rank the site relative to other sites for further characterization and/or corrective action. (A) If the preliminary assessment shows contamination levels below the action levels outlined in the department’s underground storage tank closure guidance document, the department will require no further action at the site. (B) If, in accordance with subsection (3)(A) of this rule, the department determines that no further action is required at a site, and if subsequent information becomes available to indicate that contamination may be present at the site at levels which may threaten human health or the environment, the department may require additional investigation or site characterization and/or corrective action. (4) If full site characterization is required by the department, due to known contamination or in accordance with subsection (3)(B) of this rule, the UST remediator shall conduct the site characterization according to department guidance. (5) The department will review the site characterization and rank the site relative to other sites based on site conditions as reflected in the site characterization and the potential risk to human health and/or the environment. (A) The rank assigned to the site will be used to prioritize department actions including, but not limited to review of documents, pre-approval of costs and reinbursement of costs, in regard to the site. (B) The department will not require further action at sites that the department deems not to pose a risk to human health and/or the environment, unless there is a change in known conditions at the site that would upgrade its priority, as determined by the department. (6) Except as provided in section (8) of this rule, site clean-up objectives will be set as follows: (A) Site clean-up objectives for the cleanup of petroleum released from underground storage tanks will be set by using the scoring matrix and the groundwater clean-up standards as outlined in the department’s underground storage tank closure guidance document. (B) (Reserved) (Note: The soil scoring matrix is a site-specific risk-based method which accounts for future land use and other considerations. Upon further development and review, this method or another which also meets statutory requirements, will be set forth in this section.) (7) Site clean-up objectives and workplans are subject to approval by the department. Such approval must be granted in writing prior to implementation of the workplan. (8) For all sites which are cleaned up to meet levels less stringent than (higher than) those set according to section (6) of this rule, the UST remediator shall file a document in the chain of title of the property. The document shall state that the contaminant levels were deemed acceptable by the department, based on the land use and other considerations, at the time of cleanup. (A) If the UST remediator is a person other than the landowner, the UST remediator shall provide a copy of the document which is to be filed in the chain of title for the property, by certified mail to the landowner. (B) The language of the document to be filed in the chain of title shall include the following: NOTICE OF ACCEPTABLE LAND USE(S) OF UNDERGROUND STORAGE TANK SITE Owner of Record: (Landowner’s Name) Site Description: (Site Name and Legal Description) The above-described real property, owned by (Landowner’s Name) and located in the County of (County Name) and State of Missouri, is the site of an underground storage tank which was (Removed/Closed) on (Date). The site cleanup was accepted as complete by the Missouri Department of Natural Resources on (Date), in accordance with the applicable requirements of Title 10, Division 25, Chapters 10 through 12 of the Code of State Regulations which were in effect at the time of cleanup. The contaminant levels remaining on the site are suitable for (Commercial/Light Industrial/Heavy Industrial/ Other Specified) use. In witness whereof I hereunto set my hand this _____ day of ___, 19___. ____________________________________ (Office) ____________________________________ (Name) ____________________________________ (Title) (C) No person may substantially change the manner in which a site with a document filed in the chain of title under this section is used without the prior written approval of the director or the director’s designee. 1. Requests for approval of change in use of real property must be submitted in writing to the director’s office no less than sixty (60) days prior to the planned change in use of real property. In the event the director does not respond within sixty (60) days after the request is received, the request will be considered to be approved as submitted. 2. The director will evaluate the request to determine whether the change in use of real property is likely to result in increased exposure of persons or the environment or spread of contamination. 3. If the change in use of real property is not likely to result in increased exposure of persons or the environment or spread of contamination, the director shall provide written approval. (D) When the director finds that a site which has had a document filed in the chain of title under this section has been further cleaned up to meet or exceed (lower levels than) the standards described in section (6) of this rule, the director shall direct the UST remediator to file a second document in the chain of title. The document shall include the language in subsection (8)(B) of this rule, and shall describe the land uses for which the new contaminant levels are suitable. AUTHORITY: section 319.111, RSMo 2000, and sections 319.109 and 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.068. Original rule filed Jan. 2, 1996, effective Aug. 30, 1996. Amended: Filed Jan. 14, 1997, effective Sept. 30, 1997. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. *Original authority: 319.109, RSMo 1989, amended 1995, 2004, 2008; 319.111, RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995, 2004.