PURPOSE: This rule contains the new requirements for the previously deferred fieldconstructed tanks and airport hydrant fuel distribution systems.

1. (1) Applicability. This rule applies to owners Substance Storage Tanks

and operators of field-constructed tanks and airport hydrant fuel distribution systems.

1. (2) Deadline for compliance. Owners and operators of existing underground storage tank (UST) systems with field-constructed tanks or airport hydrant fuel distribution systems must comply with all of the requirements of 10 CSR 26-2.010 through 10 CSR 26-2.083, the financial responsibility requirements in 10 CSR 26-3, and operator training in 10 CSR 100-6.

   1. (A) Immediately upon installation for any new UST systems installed after July 1, 2017.
   2. (B) By July 1, 2019, for existing systems, except where such requirements are specifically excluded or amended by this rule.

2. (3) Corrosion protection. UST system components that routinely contain product and are in contact with an electrolyte, including soil, backfill, or water, must meet one (1) of the following:

   1. (A) Performance Standards for New UST Systems, as defined by 10 CSR 26-2.020; or
   2. (B) Be constructed of metal and cathodically protected, with the cathodic protection system complying with 10 CSR 26-2.031. Unprotected metal tanks must pass an integrity test, in accordance with 10 CSR 26-2.021 and 10 CSR 26-2.031, prior to the addition of cathodic protection. Unprotected steel piping cannot be upgraded and must be replaced.
3. (4) Spill and overfill prevention equipment. UST systems must be upgraded with the installation of spill and overfill prevention, in accordance with 10 CSR 26-2.020 and 10 CSR 26-2.030, except where “delivery” occurs through a dedicated pipeline permanently connected to the UST system(s). For these systems, owners and operators must have an alarm system and/or an approved plan to prevent releases due to overfill.

4. (5) Walkthrough inspections. In addition to the walkthrough inspections in 10 CSR 26- 2.036, owners and operators must inspect the following additional areas for airport hydrant fuel distribution systems at least once every thirty (30) days if confined space entry according to the Occupational Safety and Health Administration under 29 CFR Part 1910 is not required, or at least annually if confined space entry is required, and must keep documentation of these walkthrough inspections in accordance with 10 CSR 26- 2.036:

   1. (A) Hydrant pits—visually check for any damage, remove any liquid or debris, and check for any leaks; and
   2. (B) Hydrant piping vaults—check for any hydrant piping leaks.
5. (6) Applicability of closure requirements to previously closed UST systems. The department may require that the owner and operator of a UST system with a field-constructed tank system or an airport hydrant fuel distribution system permanently closed before April 30, 2017, assess the excavation zone and close the UST system in accordance with 10 CSR 26-2.060 through 10 CSR 26-2.064 if releases from the UST system, in the judgment of the department, pose a current or potential threat to human health and the environment.
6. (7) Release detection. Owners and operators of existing UST systems must comply with the release detection requirements mandated in 10 CSR 26-2.040 through 10 CSR 26- 2.048 no later than July 1, 2020.

AUTHORITY: sections 319.100, 319.103, 319.105, 319.107, 319.109, 319.111, 319.114, 319.117, 319.120, 319.123, and 319.137, RSMo 2016.* Original rule filed Aug. 15, 2016, effective May 30, 2017.

*Original authority: 319.100, RSMo 1989, amended 1991, 1993, 1996, 1998; 319.103, RSMo 1989; 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.109, RSMo 1989, amended 1995, 2004, 2008; 319.111, RSMo 1989; 319.114, RSMo 1989, amended 2016; 319.117, RSMo 1989; 319.120, RSMo 1989; 319.123, RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995, 2004.