Enacted by the U.S. Congress in 2005, the Energy Policy Act (EPAct) contained the first changes to federal law governing UST programs in 20 years. The federal law does not impose any new requirements directly on UST owners/operators; rather, it requires states to do certain things in order to continue receiving their full share of federal money for their UST programs.

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 has been introduced in the 2008 Missouri Legislature to give the Department of Natural Resources authority to “red tag” an underground tank that does not meet leak detection or upgrade requirements. You can track the progress of the bill here.

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 will be inspected at least once every three years by a contractor working for the Department of Natural Resources and the Petroleum Storage Tank Insurance Fund.

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

 

Check here for future updates!

Disclaimer: This site has been prepared for the purpose of providing information about the Missouri PSTIF. Nothing in this site would take precedence over the rules or regulations that govern this fund.

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