1. September 8, 2016
Department of Environmental Quality Proposed Amendments to UST Rules 15A NCAC 02N and 02O Ruth Strauss

2. Overview
Rules affected: -15A NCAC 02N - Criteria and Standards Applicable to Underground Storage Tanks -15A NCAC 02O – Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks
Purpose is to incorporate into the state’s rules, changes that were made to the federal UST regulations (40 CFR Parts 280 and 281) published in July 15, 2015.
Federal revisions establish requirements are similar to key portions of the federal Energy Policy Act of secondary containment for new and replacement UST systems and operator training. In addition, EPA added new operation and maintenance requirements for existing UST systems and addressed certain UST systems that were deferred (emergency power generator USTs) or excluded (airport hydrant fueling systems and field constructed tanks) from the 1988 UST regulations.
State is required to incorporate the federal changes to retain its State Program Approval.
Requesting approval from EMC to proceed to public hearing.
Department of Environmental Quality

3. Overview
Most of the federal amendments were incorporated by reference without any changes.
However, some modifications, substitutions or additions were made for consistency with existing rules, to update cited references, remove redundancy and to incorporate changed Department policy.
Exceptions, substitutions and additions are acceptable to EPA, so long as they are no less stringent than the federal regulation.
Most of the changes to the rules are in response to comments from Rules Review Commission Counsel. They include updating statutory citations, adding clarifying language, defining unclear terms or requirements, etc.
Department of Environmental Quality

4. Overview Attachment A - Summary of proposed rule changes.
Attachment B - Proposed amendments to 15A NCAC 02N.
Attachment C - Proposed amendments to 15A NCAC 02O.

5. NCDEQ Revisions Throughout rules:
Delete language “including subsequent amendments and editions” when adopting incorporated reference material; it is DEQ policy to not include subsequent amendments and editions.
Make technical changes to delete redundancies, and to change numbering as needed to match new federal regulations.
Department of Environmental Quality

6. NCDEQ Revisions 15A NCAC 02N .0203 15A NCAC 02N .0301
Adopt 40 CFR , but exclude definitions pertaining to operator training and secondary containment:
Operator training: NC General Statue NN-TT, effective July 2010.
Secondary containment: 02N rules, effective November 2007.
15A NCAC 02N .0301
Add code of practice (industry standard) for installation of UST systems at marinas. Recommended practice for installing certain components to prevent releases when piping transitions from land to over water.
15A NCAC 02N .0302
Remove code of practice for inspecting buried lined steel tanks using a video camera; practice has never been approved for use in NC. Other cited methods are approved.
Department of Environmental Quality

7. NCDEQ Revisions 15A NCAC 02N .0406 15A NCAC 02N .0407
New rule to match new federal regulation 40 CFR
Requires periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping, and periodic inspection of overfill prevention equipment.
15A NCAC 02N .0407
New rule to match new federal regulation 40 CFR
Requires periodic operation and maintenance walkthrough inspections.
15A NCAC 02N
New rules to match new federal regulations 40 CFR
New regulations for airport hydrant fuel distribution systems and field- constructed tanks.
Department of Environmental Quality

8. NCDEQ REVISIONS 15A NCAC 02O .0309-.0312
Add four new rules to incorporate federal regulations 40 CFR establishes four mechanisms Local Governments can use to demonstrate financial responsibility for UST systems.
Department of Environmental Quality

9. RRC Revisions Throughout rules: 15A NCAC 02N .0303, .0405, .0803
Make technical changes to include RRC’s preferred wording, delete outdated information, eliminate redundancy, clarify requirements and definitions, update history notes and other citations, etc.
15A NCAC 02N .0303, .0405, .0803
Add language to incorporate the content of notices and forms used by the Division, and add where forms can be found online.
15A NCAC 02N .0603, .0604, .0703, .0704
Add language to clarify what factors the Division would consider in order to grant an extension of time.
Department of Environmental Quality

10. Action / Responsibility
Timeline
Action / Responsibility
Date
Request to proceed to public hearing / EMC
September 8, 2016
File with NC Register / DEQ
September 26, 2016
NC Register publication date
October 17, 2016
60-day public comment period
October 17, 2016 – December 15, 2016
Hold public hearings / DEQ
November 2016
Present Hearing Officer’s report and recommend adoption of proposed rules / EMC
March 2017
Present proposed rules to RRC / RRC
May 2017
Effective date of rules
June 1, 2017
Department of Environmental Quality

11. Questions? Ruth.Strauss@ncdenr.gov 919-707-8299
Department of Environmental Quality