A summary of the six major provisions that may affect tank owners and operators shows what Missouri is doing to implement them.
FR for Manufacturers and Installers
Missouri implemented the first provision of the new federal law when the Missouri Legislature passed SB1020 in 2006, which requires tank manufacturers and installers to have a "financial responsibility" (FR) mechanism. The Department of Agriculture's Division of Weights and Measures is implementing this new state law and has issued a regulation requiring equipment companies to register and show how they are meeting the FR requirement. The list of companies registered to date is regularly updated.
A Q/A Bulletin provides additional information for manufacturers and installers of petroleum equipment who sell products and/or services in Missouri.
Delivery Prohibition
SB907 was enacted by the 2008 Missouri Legislature and signed by the Governor; it gave the Department of Natural Resources authority to “red tag” an underground tank that does not meet leak detection or upgrade requirements.
Inspections
All UST systems in Missouri have been inspected at least once since the 12/22/98 upgrade deadline. Beginning 7/1/07, all sites with operational petroleum USTs are being inspected at least once every three years by a contractor working for the Department of Natural Resources and the Petroleum Storage Tank Insurance Fund. In addition, DNR inspectors are observing UST installations and inspecting sites where USTs are temporarily closed.
Compliance Status of Government-Owned Tanks
Congress required States to report to EPA, by August 8, 2007, whether USTs owned and operated by local, state, and federal government agencies were in compliance with leak prevention and leak detection requirements. All states’ reports are available at http://www.epa.gov/OUST/fedlaws/sfreport.htm.
Missouri reported two government-owned UST sites were out of compliance. Iowa reported none, Nebraska reported 29, Kansas reported 16, Oklahoma reported 22, Arkansas reported 20, Tennessee reported one, Kentucky reported 43 and indicated some had not yet been inspected, and Illinois reported 25.
DNR also has a web page on the Federal Energy Policy Act. http://www.dnr.mo.gov/env/hwp/tanks/ustenergybill.htm
Sources and Causes of UST Leaks
Congress required states to report annually on the sources and causes of leaks from UST systems. Missouri's first report, provided on December 4, 2008, identified two (2) leaks from underground tanks and seven (7) from underground piping.
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