Subject: Underground Storage Tanks-Technical Regulations
Gate Way Group Contact: Deanna Hemphill
MISSOURI REGISTER ISSUE: January 2, 2014
STATE DEPARTMENT: Missouri Department of Natural Resources
Division: 26-Petroleum and Hazardous Substance
Chapter: 2-Underground Storage Tanks-Technical Regulations
Action: Order of Rulemaking
10 CSR 26-2.062 is amended adding a condition under which owners and operators must undertake site investigation and correction action activities in connection with the closure or change in use of an underground storage tank. The amendment also changes the specific guidance document owners and operators may use to comply with the rule.
A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on July 15, 2013 (38 MoReg 1160–1161). This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.
By the authority vested in the Hazardous Waste Management Commission (commission) under sections 319.109 and 319.137, RSMo Supp. 2013, the commission hereby amends a rule as follows:
SUMMARY OF COMMENTS: A public hearing was held on August 15, 2013, and the public comment period ended on August 22, 2013. The Missouri Department of Natural Resources’ Hazardous Waste Program received thirty-three (33) comments regarding the guidance document proposed for incorporation by reference at subsection (3)(A) of the amended rule. The comments came from five (5) sources, as follows:
- Brian Porter, Terracon;
- Carol Eighmey, Petroleum Storage Tank Insurance Fund;
- Donnie Greenwalt, Wallis Companies;
- Mark Jordan, Wallis Companies; and
- Ron Leone, Missouri Petroleum Marketers and Convenience Store Association.
The Hazardous Waste Program did not receive any comments regarding the rule language itself. However, department staff have determined that changes made to the January 1, 2013, version of the Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks guidance document as a result of comments received during the public comment period necessitate that the date of the guidance be changed in the rule in order to differentiate the final guidance from the January 1, 2013, version. The department pro- poses to revise subsection (3)(A) of 10 CSR 26-2.062 to reflect a guidance publication date of October 17, 2013.