PURPOSE: This rule defines the underground storage tanks that are subject to the requirements of this chapter. This rule contains the technical standards for underground storage tanks. This rule is designed specifically to protect the quality of groundwater in the state as well as to protect human health and the overall quality of the environment. This rule is promulgated on the authority of sections 319.100—319.137, RSMo and, as directed by this law, are based upon federal rules 40 CFR 280.10—40 CFR 280.74.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by law.

1. (1) The requirements of this chapter apply to all owners and operators of an underground storage tank (UST) system as defined in 10 CSR 20-10.012, except as otherwise provided in sections (2)—(4) of this rule. Any UST system listed in section (3) of this rule must meet the requirements of 10 CSR 20-10.011.

2. (2) The following UST systems are excluded from the requirements of this chapter:

   1. (A) Any UST system holding hazardous wastes listed or identified in the Missouri Hazardous Waste Management Law, sections 260.350—260.434, RSMo and the rules promulgated thereunder or a mixture of hazardous waste and other regulated substances, except for waste oil as defined in 10 CSR 25-11.279;
   2. (B) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act (33 U.S.C.A. 1251);
   3. (C) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;
   4. (D) Any UST system whose capacity is one hundred ten (110) gallons or less;
   5. (E) Any UST system that contains a de minimis concentration of regulated substances; and
   6. (F) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

3. (3) Deferrals. Rules 10 CSR 20-10.020—10 CSR 20-10.053 and closure requirements in 10 CSR 20-10.070—10 CSR 20-10.074 do not apply to any of the following types of UST systems:

   1. (A) Wastewater treatment tank systems;
   2. (B) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following);
   3. (C) Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR 50 Appendix A;
   4. (D) Airport hydrant fuel distribution systems; and
   5. (E) UST systems with field-constructed tanks.
4. (4) Deferrals. The release detection requirements of rules 10 CSR 20-10.040—10 CSR 20-10.045 do not apply to any UST systems that store fuel solely for use by emergency power generators.

AUTHORITY: sections 319.100, 319.105, 319.107, 319.111 and 319.114, RSMo 1994 and 319.109, 319.132 and 319.137, RSMo (Supp. 1995).* Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. *Original authority: 319.100, RSMo 1989, amended 1991, 1993; 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.109, RSMo 1989, amended 1995; 319.111, RSMo 1989; 319.114, RSMo 1989; 319.132, RSMo 1991, amended 1995; 319.137, RSMo 1989, amended 1993, 1995.