Missouri developing secondary containment rule

Good morning, 

Many of you may already be aware of some changes that are on the horizon.  The 2005 Energy Policy Act established many new requirements for underground storage tank (UST) programs, both for owners and operators, as well as the state regulators.  States had to choose whether to require financial responsibility for installers and manufacturers or require all new UST systems to be double-walled.  Only Missouri and Kansas opted for the financial responsibility option.  These programs were implemented by the states but not approved by the U.S. Environmental Protection Agency (EPA).  Last year, Kansas opted to require secondary containment (double-walled systems) instead.   

So for Missouri, here is the rest of the story…

Background: While the Department believes that our existing state program requiring financial responsibility for installers and manufacturers of USTs meets the requirements of the 2005 Energy Policy Act, we have been unable to demonstrate this to the satisfaction of the EPA.  As a result, the Department has determined the best course of action to address this ongoing concern with Energy Policy Act compliance is to follow the suit of the other 49 states and develop a rulemaking to establish secondary containment requirements.

The requirement:  The new rule will require all new UST systems to have secondary containment.  New systems will be defined as new USTs, replacement USTs, new piping, or any piping project that replaces 50% or more of the piping associated with an individual tank.  The rule will also require containment sumps at all tank tops (submersible turbine pump or suction piping connection areas), under all dispensers, and at all piping transitions.  The requirement for containment sumps is already in effect.

These new regulations would not apply to existing UST systems unless the tanks are replaced (removed and new ones installed) and/or until 50% of the piping for any individual UST system is replaced.  Please note, piping replacement does not affect the status of the associated tank (replacing the piping does not mean you must replace the tank). There will be no requirements for existing, compliant UST systems to be replaced with double-walled equipment by any arbitrary date.

Timeline: July 1, 2017, will be the effective date of requirement for all new tanks and piping to be double-walled/secondarily contained. 

Heather Peters

Environmental Specialist

Missouri Department of Natural Resources

(573) 751-7877

heather.peters@dnr.mo.gov