Rule2024-22541
North Carolina: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 1, 2024
Effective
December 2, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The State of North Carolina (North Carolina) has applied to the Environmental Protection Agency (EPA) for final approval of revisions to its Underground Storage Tank Program (UST Program) under subtitle I of the Resource Conservation and Recovery Act (RCRA). Pursuant to RCRA, the EPA is taking direct final action, subject to public comment, to approve revisions to the UST Program. The EPA has reviewed North Carolina's revisions and has determined that these revisions satisfy all requirements needed for approval. In addition, this action also codifies the EPA's approval of North Carolina's revised UST Program and incorporates by reference those provisions of the State statutes and regulations that the EPA has determined meet the requirements for approval.
Full Text
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<title>Federal Register, Volume 89 Issue 190 (Tuesday, October 1, 2024)</title>
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[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 79756-79764]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22541]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 281 and 282
[EPA-R04-UST-2024-0279; FRL-12181-02-R4]
North Carolina: Final Approval of State Underground Storage Tank
Program Revisions, Codification, and Incorporation by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The State of North Carolina (North Carolina) has applied to
the Environmental Protection Agency (EPA) for final approval of
revisions to its Underground Storage Tank Program (UST Program) under
subtitle I of the Resource Conservation and Recovery Act (RCRA).
Pursuant to RCRA, the EPA is taking direct final action, subject to
public comment, to approve revisions to the UST Program. The EPA has
reviewed North Carolina's revisions and has determined that these
revisions satisfy all requirements needed for approval. In addition,
this action also codifies the EPA's approval of North Carolina's
revised UST Program and incorporates by reference those provisions of
the State statutes and regulations that the EPA has determined meet the
requirements for approval.
DATES: This rule is effective December 2, 2024, unless the EPA receives
adverse comment by October 31, 2024. If the EPA receives adverse
comment, it will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
December 2, 2024.
ADDRESSES: Submit your comments by one of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#7d1a140f1453080d1813190f1c3d180d1c531a120b"><span class="__cf_email__" data-cfemail="45222c372c6b3035202b213724052035246b222a33">[email protected]</span></a>. Include the Docket ID No.
EPA-R04-UST-2024-0279 in the subject line of the message.
Instructions: Submit your comments, identified by Docket ID No.
EPA-R04-UST-2024-0279, via the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit: <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
The EPA encourages electronic comment submittals, but if you are
unable to submit electronically or need other assistance, please
contact Upendra Giri, the contact listed in the FOR FURTHER INFORMATION
CONTACT provision below. The index to the docket for this action and
all documents that form the basis of this action and associated
publicly available docket materials are available electronically in
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. The EPA encourages electronic reviewing of
these documents, but if you are unable to review these documents
electronically, please contact Upendra Giri for alternative access to
docket materials.
Please also contact Upendra Giri if you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you. For further
information on EPA Docket
[[Page 79757]]
Center services please visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Upendra Giri, RCRA Programs and
Cleanup Branch, Land, Chemicals, and Redevelopment Division, U.S.
Environmental Protection Agency, Region 4, Atlanta Federal Center, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960; Phone number: (404)
562-8185; email address: <a href="/cdn-cgi/l/email-protection#b4d3ddc6dd9ac1c4d1dad0c6d5f4d1c4d59ad3dbc2"><span class="__cf_email__" data-cfemail="5f38362d36712a2f3a313b2d3e1f3a2f3e71383029">[email protected]</span></a>. Please contact Upendra
Giri by phone or email for further information.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to North Carolina's Underground Storage Tank
Program
A. Why are revisions to State UST programs necessary?
States that have received final approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain a UST program that
is no less stringent than the Federal program. When the EPA revises the
regulations that govern the UST program, States must revise their
programs to comply with the updated regulations and submit these
revisions to the EPA for approval. Most commonly, States must change
their programs because of changes to the EPA's regulations in title 40
of the Code of Federal Regulations (CFR) part 280. States can also
initiate changes on their own to their UST programs and these changes
must then be approved by the EPA.
B. What decision has the EPA made in this rule?
In accordance with 40 CFR 281.51(a), North Carolina submitted a
complete program revision application (State Application) seeking
approval of changes to its UST Program. The State Application was
submitted on October 22, 2018, and amended on February 22, 2023, May 4,
2023, and June 24, 2024. The program revisions described in the State
Application correspond to the EPA final rule published on July 15, 2015
(80 FR 41566), which revised the 1988 UST regulations and the 1988
State program approval (SPA) regulations (2015 Federal Revisions). As
required by 40 CFR 281.20, the State Application contains the
following: a transmittal letter from the Governor requesting approval;
a description of the UST Program and operating procedures; a
demonstration of the State of North Carolina's procedures to ensure
adequate enforcement; a Memorandum of Agreement outlining the roles and
responsibilities of the EPA and the implementing agency; an Attorney
General's Statement; and copies of all relevant North Carolina statutes
and regulations. The EPA has reviewed the State Application and has
determined that the revisions to North Carolina's UST Program are no
less stringent than the corresponding Federal requirements in subpart C
of 40 CFR part 281, and that the North Carolina UST Program continues
to provide adequate enforcement of compliance. Therefore, the EPA
grants North Carolina final approval to operate its UST Program with
the revisions described in the State Application, and as outlined
below. The North Carolina Department of Environmental Quality (DEQ)
(formerly the North Carolina Department of Environment and Natural
Resources) is the lead implementing agency for the UST Program in North
Carolina, except in Indian country as noted below in Section I.I.
C. What is the effect of this approval on the regulated community?
Section 9004(b) of RCRA, 42 U.S.C. 6991c(b), as amended, allows the
EPA to approve State UST programs to operate in lieu of the Federal
program. With this approval, the changes described in the State
Application will become part of the approved North Carolina UST
Program, and therefore will be federally enforceable. North Carolina
will continue to have primary enforcement authority and responsibility
for its State UST Program. This action does not impose additional
requirements on the regulated community because the regulations being
approved by this rule are already in effect in the State of North
Carolina, and are not changed by this action. This action merely
approves the existing North Carolina regulations as being no less
stringent than the 2015 Federal Revisions and rendering them federally
enforceable.
D. Why is the EPA using a direct final rule?
The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and we
anticipate no adverse comment. North Carolina addressed all comments it
received during its comment period when the rules and regulations being
considered in this document were proposed at the State level.
E. What happens if the EPA receives comments that oppose this action?
Along with this direct final rule, the EPA is simultaneously
publishing a separate document in the ``Proposed Rules'' section of
this Federal Register that serves as the proposal to approve North
Carolina's UST Program revisions and provides an opportunity for public
comment. If the EPA receives comments that oppose this approval, the
EPA will withdraw this direct final rule by publishing a document in
the Federal Register before it becomes effective. The EPA will make any
further decision on approval of the State Application after considering
all comments received during the comment period. The EPA will then
address all public comments in a later final rule. You may not have
another opportunity to comment. If you want to comment on this
approval, you must do so at this time.
F. For what has North Carolina previously been approved?
On January 16, 1998, North Carolina submitted a complete State
program approval application seeking approval of its UST Program under
subtitle I of RCRA. Effective August 14, 2001, the EPA granted final
approval for North Carolina to administer its UST Program in lieu of
the Federal UST program and incorporated by reference and codified the
federally approved North Carolina UST Program (66 FR 32564 and 32566,
June 15, 2001). As a result of the EPA's approval, these provisions
became subject to the EPA's corrective action, inspection, and
enforcement authorities under RCRA sections 9003(h), 9005, and 9006, 42
U.S.C. 6991b(h), 6991d, and 6991e, and other applicable statutory and
regulatory provisions.
G. What changes is the EPA approving with this action and what
standards do we use for review?
In order to be approved, each State program revision application
must meet the general requirements in 40 CFR 281.11 (General
Requirements), and the specific requirements in 40 CFR part 281,
subpart B (Components of a Program Application), subpart C (Criteria
for No Less Stringent), and subpart D (Adequate Enforcement of
Compliance).
As more fully described below, North Carolina has made changes to
its UST Program to reflect the 2015 Federal Revisions. These changes
are included in North Carolina's UST Rules at North Carolina
Administrative Code (N.C.A.C.), Title 15A, Chapter 2, Subchapter 2N
(2023), and the North Carolina General Statutes (N.C.G.S.) sections
143-215.94NN through 143-215.94UU (2018). The EPA is approving North
Carolina's changes because they are no less stringent than the Federal
UST program, and because the revised North Carolina UST Program will
continue to provide for adequate enforcement of compliance as required
[[Page 79758]]
by 40 CFR 281.11(b) and part 281, subparts C and D, after this
approval.
DEQ continues to be the lead implementing agency for the UST
Program in North Carolina. DEQ has broad statutory and regulatory
authority to regulate the installation, operation, maintenance, and
closure of USTs, as well as UST releases, under the Chapter 143 of the
N.C.G.S., Article 21A, Parts 2A (Leaking Petroleum Underground Storage
Tank Cleanup), 2B (Underground Storage Tank Regulation), and 2D
(Training of Underground Storage Tank Operators) (2018); and Title 15A
of the North Carolina Administrative Code, Chapter 2, Subchapters 2L,
2N, 2O, and 2P (2023).
The following North Carolina authorities provide authority for
compliance monitoring as required pursuant to 40 CFR 281.40: N.C.G.S.
sections 143-215.3(a) through (d), 143-215.79, 143-215.94T; N.C.G.S.
section 143B-282; and 15A N.C.A.C. 02N .0101(b) and .0405.
The following North Carolina authorities provide authority for
enforcement response as required pursuant to 40 CFR 281.41: N.C.G.S.
sections 143-215.2, 143-215.3(a), 143.215.3(c), 143-215.3(f), 143-
215.6A, 143-215.94F, 143-215.94J, 143-215.94K, 143-215.94U, 143-
215.94V(b) through (h), 143-215.94W, 143-215.94X, 143-215.94Y, and 143-
215.94TT; N.C.G.S. section 143B-282; and 15A N.C.A.C. 02N .0101(b).
The following North Carolina authorities provide authority for
enabling public participation in the State enforcement process,
including citizen intervention and filing of complaints, required
pursuant to 40 CFR 281.42: Rule 24(a)(2) of the North Carolina Rules of
Civil Procedure (2024); and N.C.G.S. sections 150B-23 and 143-215.94L.
Further, through a Memorandum of Agreement between DEQ and the EPA,
effective October 12, 2018, North Carolina maintains procedures for
receiving and ensuring proper consideration of information about
violations submitted by the public, and DEQ will not oppose citizen
intervention on the ground that the applicant's interest is adequately
represented by the State. The following North Carolina authorities
provide authority for enabling the sharing of information in the State
files obtained or used in the administration of the North Carolina UST
Program with the EPA as required by 40 CFR 281.43: N.C.G.S. sections
132-1 through 132-1.14. Further, through the Memorandum of Agreement
between DEQ and the EPA, effective October 12, 2018, North Carolina
agrees to furnish the EPA, upon request, any information in State files
obtained or used in the administration of the State UST Program.
To qualify for final approval, revisions to a State's UST program
must be no less stringent than the 2015 Federal Revisions. In the 2015
Federal Revisions, the EPA addressed UST systems deferred in the 1988
UST regulations, and added, among other things: new operation and
maintenance requirements; secondary containment requirements for new
and replaced tanks and piping; operator training requirements; and a
requirement to ensure UST system compatibility before storing certain
biofuel blends. In addition, the EPA removed past deferrals for
emergency generator tanks, field constructed tanks, and airport hydrant
systems. North Carolina adopted all of the required 2015 Federal
Revisions in Title 15A of the North Carolina Administrative Code,
Chapter 2, Subchapter 2N (2023), and N.C.G.S. sections 143-215.94NN
through 143-215.94UU (2018).
As part of the State Application, the North Carolina Attorney
General has certified that the State regulations provide for adequate
enforcement of compliance and meet the no less stringent criteria in 40
CFR part 281, subparts C and D. The EPA is relying on this
certification, in addition to the analysis submitted by the State, in
approving the State's changes.
H. Where are the revised State rules different from the Federal rules?
States may enact laws that are more stringent than their Federal
counterparts. See RCRA section 9008, 42 U.S.C. 6991g. When an approved
State program includes requirements that are considered more stringent
than those required by Federal law, the more stringent requirements
become part of the federally approved program in accordance with 40 CFR
281.12(a)(3)(i). The EPA has determined that some of North Carolina's
regulations are considered more stringent than the Federal program, and
upon approval, they will become part of the federally approved North
Carolina UST Program and therefore federally enforceable.
In addition, States may enact laws which are broader in scope than
their Federal counterparts in accordance with 40 CFR 281.12(a)(3)(ii).
State requirements that go beyond the scope of the Federal program are
not part of the federally approved program and the EPA cannot enforce
them. Although these requirements are enforceable by the State in
accordance with North Carolina law, they are not Federal RCRA
requirements. The EPA considers the following North Carolina
requirements to be broader in scope than the Federal program and
therefore not part of the federally approved State UST Program:
Statutory Broader in Scope Provisions
General Statutes of North Carolina, Chapter 143; Article 21, Part
1. Organization and Powers Generally; Control of Pollution (2018).
(i) N.C.G.S. section 143-215.3(e), insofar as it provides for the
granting of variances which are not available to UST owners and
operators as these terms are defined in 40 CFR 280.12.
General Statutes of North Carolina, Chapter 143; Article 21A, Part
2A. Leaking Petroleum UST Tank Cleanup (2018).
(ii) N.C.G.S. section 143-215.94A(2)c., as to the definition of
``Commercial underground storage tank,'' insofar as it includes certain
heating oil tanks and connected piping that are excluded by the Federal
program.
(iii) N.C.G.S. section 143-215.94B, insofar as it provides for the
creation of the Commercial Leaking Petroleum Underground Storage Tank
Cleanup Fund (State Fund) and criteria for the expenditure of funds.
(iv) N.C.G.S. section 143-215.94C, insofar as it requires owners
and operators to pay an annual operating fee to the State Fund.
(v) N.C.G.S. sections 143-215.94E(b) through (k), insofar as these
provisions relate to the State Fund.
(vi) N.C.G.S. section 143-215.94G, insofar as it provides for DEQ
to perform cleanups and provides for reimbursement from the State Fund.
(vii) N.C.G.S. section 143-215.94N, insofar as it relates to the
State Fund.
(viii) N.C.G.S. section 143-215.94P, insofar as it provides for the
creation of the Groundwater Protection Loan Fund and promulgation of
regulations regarding such fund.
General Statutes of North Carolina, Chapter 143; Article 21A, Part
2D. Training of UST Operators (2018).
(ix) N.C.G.S. section 143-215.94OO(4), as to the definition of
``Underground storage tank system'' or ``tank system,'' insofar as it
includes dispensers as part of the system.
General Statutes of North Carolina, Chapter 143B; Article 7, Part
1. General Provisions (2018).
(x) N.C.G.S. section 143B-279.9, insofar as it regulates releases
from sources that are not underground storage tanks and entities that
are not owners and operators as these terms are defined in 40 CFR
280.12.
(xi) N.C.G.S. section 143B-279.11, insofar as it regulates releases
from
[[Page 79759]]
sources that are not underground storage tanks and entities that are
not owners and operators as these terms are defined in 40 CFR 280.12.
Regulatory Broader in Scope Provisions
North Carolina Administrative Code, Title 15A--Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2L,
Groundwater Classification and Standards (2023).
(i) 15A N.C.A.C. 02L .0100, including .0101 through .0115, insofar
as these provisions provide general considerations for groundwater
classification and standards.
(ii) 15A N.C.A.C. 02L .0200, including .0201 through .0202, insofar
as these provisions establish underground water classifications and
quality standards.
(iii) 15A N.C.A.C. 02L .0300, including .0301 through .0319,
insofar as these provisions assign underground water classifications.
(iv) 15A N.C.A.C. 02L .0403, insofar as it defines a ``responsible
party'' to include persons other than owners and operators as these
terms are defined in 40 CFR 280.12.
(v) 15A N.C.A.C. 02L .0415, insofar as it regulates releases from
sources other than underground storage tank systems.
(vi) 15A N.C.A.C. 02L .0500, including .0501 through .0515, insofar
these provisions regulate aboveground storage tanks and sources.
North Carolina Administrative Code, Title 15A--Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2N,
Underground Storage Tanks (2023).
(vii) 15A N.C.A.C. 02N .0201(1), insofar as it regulates
underground storage tanks containing de minimis concentrations of
regulated substances.
(viii) 15A N.C.A.C. 02N .0203(a)(1), as to the definition of ``UST
system'' or ``Tank system,'' insofar as it includes dispensers as part
of the system.
(ix) 15A N.C.A.C. 02N .0504(c), insofar as it relates to the
permitting of monitoring wells.
(x) 15A N.C.A.C. 02N .0802, insofar as it regulates underground
storage tanks containing de minimis amounts of regulated substances.
(xi) 15A N.C.A.C. 02N .0901(d), insofar as it requires dispensers
to have more than under-dispenser containment.
North Carolina Administrative Code, Title 15A--Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2P, Leaking
Petroleum Underground Storage Tank Cleanup Funds (2023).
(xii) 15A N.C.A.C. 02P, including .0101 through .0408, except
.0302, insofar as these provisions relate to the State Fund and the
collection of annual operating fees.
I. How does this action affect Indian country (18 U.S.C. 1151) in North
Carolina?
The EPA's approval of North Carolina's UST Program does not extend
to Indian country as defined in 18 U.S.C. 1151. The EPA will retain
responsibility under RCRA for underground storage tanks in Indian
country. Therefore, this action has no effect in Indian country. See 40
CFR 281.12(a)(2).
II. Codification
A. What is codification?
Codification is the process of placing citations and references to
a State's statutes and regulations that comprise a State's approved UST
program into the CFR. The EPA codifies its approval of State programs
in 40 CFR part 282 and incorporates by reference State statutes and
regulations that the EPA can enforce, after the approval is final,
under sections 9005 and 9006 of RCRA, and any other applicable
statutory provisions. The incorporation by reference of EPA-approved
State programs in the CFR should substantially enhance the public's
ability to discern the status of the approved State UST programs and
State requirements that can be federally enforced. This effort provides
clear notice to the public of the scope of the approved program in each
State.
B. What is the history of codification of North Carolina's UST Program?
In 2001, the EPA incorporated by reference and codified North
Carolina's approved UST Program at 40 CFR 282.83 (66 FR 32566, June 15,
2001). Through this action, the EPA is amending 40 CFR 282.83 to
incorporate by reference and codify North Carolina's revised UST
Program.
C. What codification decisions is the EPA making in this rule?
In this rule, the EPA is finalizing regulatory text that
incorporates by reference the federally approved North Carolina UST
Program, including the revisions made to the UST Program based on the
2015 Federal Revisions. In accordance with the requirements of 1 CFR
51.5, the EPA is incorporating by reference North Carolina's statutes
and regulations as described in the amendments to 40 CFR part 282 set
forth below. These documents are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This codification reflects the State UST Program
that will be in effect at the time the EPA's approval of the revisions
to the North Carolina UST Program addressed in this direct final rule
becomes final. If, however, the EPA receives substantive comment on the
proposed rule, the EPA will withdraw this direct final rule and this
codification will not take effect. The EPA will consider all comments
and will make a decision on program approval and codification in a
future final rule. By codifying the approved North Carolina UST Program
and by amending the CFR, the public will more easily be able to discern
the status of the federally-approved requirements of the North Carolina
UST Program.
Specifically, in 40 CFR 282.83(d)(1)(i), the EPA is incorporating
by reference the EPA-approved North Carolina UST Program. Section
282.83(d)(1)(ii) identifies the State's statutes and regulations that
are part of the approved North Carolina UST Program, although not
incorporated by reference for enforcement purposes, unless they impose
obligations on the regulated entity. Section 282.83(d)(1)(iii)
identifies the State's statutory and regulatory provisions that are
broader in scope or external to the State's approved UST Program and
therefore not incorporated by reference. Sections 282.83(d)(2) through
(5) reference the Attorney General's Statement, Demonstration of
Adequate Enforcement Procedures, Program Description, and Memorandum of
Agreement, which are part of the State Application and part of the
North Carolina UST Program under subtitle I of RCRA.
D. What is the effect of the EPA's codification of the federally
approved North Carolina UST Program on enforcement?
The EPA retains the authority under sections 9003(h), 9005, and
9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and
other applicable statutory and regulatory provisions, to undertake
corrective action, inspections, and enforcement actions, and to issue
orders in approved States. If the EPA determines it will take such
actions in North Carolina, the EPA will rely on Federal sanctions,
Federal inspection authorities, and other Federal procedures rather
than the North Carolina analogs. Therefore, the EPA is not
incorporating by reference North Carolina's procedural and enforcement
authorities, although they are listed in 40 CFR 282.83(d)(1)(ii).
E. What State provisions are not part of the codification?
As discussed in section I.H. above, some provisions of North
Carolina's
[[Page 79760]]
UST Program are not part of the federally approved State UST Program
because they are broader in scope than the Federal UST Program. Where
an approved State program has provisions that are broader in scope than
the Federal program, those provisions are not a part of the federally
approved program. As a result, North Carolina provisions which are
broader in scope than the Federal program are not incorporated by
reference for purposes of enforcement in part 282. See 40 CFR
281.12(a)(3)(ii). In addition, provisions that are external to the
State UST program approval requirements, but included in the North
Carolina's State Application, are also being excluded from
incorporation by reference in part 282. For reference and clarity, 40
CFR 282.83(d)(1)(iii) lists the North Carolina statutory and regulatory
provisions which are broader in scope than the Federal program or
external to State UST program approval requirements. These provisions
are, therefore, not part of the approved UST Program that the EPA is
codifying. Although these provisions cannot be enforced by the EPA, the
State will continue to implement and enforce such provisions under
State law.
III. Statutory and Executive Order (E.O.) Reviews
The EPA's actions merely approve and codify North Carolina's
revised UST Program requirements pursuant to RCRA section 9004, and do
not impose additional requirements other than those imposed by State
law. For that reason, these actions:
<bullet> Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
<bullet> Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Are not subject to the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with RCRA;
<bullet> Do not provide the EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994) and Executive
Order 14096 (88 FR 25251, April 26, 2023).
<bullet> Do not apply on any Indian reservation land or in any
other area where the EPA or an Indian Tribe has demonstrated that a
Tribe has jurisdiction. The rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on Tribal governments or
preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
final action will be effective December 2, 2024.
List of Subjects in 40 CFR Parts 281 and 282
Environmental protection, Administrative practice and procedure,
Hazardous substances, Incorporation by reference, Indian country,
Petroleum, Reporting and recordkeeping requirements, State program
approval, Underground storage tanks.
Authority: This action is issued under the authority of sections
2002(a), 7004(b), 9004, 9005, and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and
6991e.
Dated: September 25, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons set forth in the preamble, the EPA is amending 40
CFR part 282 as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
0
2. Revise Sec. 282.83 to read as follows:
Sec. 282.83 North Carolina State-Administered Program.
(a) History of the approval of North Carolina's program. The State
of North Carolina (State) is approved to administer and enforce an
underground storage tank (UST) program in lieu of the Federal program
under subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's Underground
Storage Tank Program (UST Program), as administered by the North
Carolina Department of Environmental Quality (DEQ), was approved by EPA
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved
the North Carolina UST Program on June 15, 2001, and it was effective
on August 14, 2001. A subsequent program revision was approved by EPA
and became effective December 2, 2024.
(b) Enforcement authority. North Carolina has primary
responsibility for administering and enforcing its federally approved
UST Program. However, EPA retains the authority to exercise its
corrective action, inspection, and enforcement authorities under
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d, and 6991e, as well as under any other applicable
statutory and regulatory provisions.
(c) Retention of program approval. To retain program approval,
North Carolina must revise its approved UST Program to adopt new
changes to the Federal subtitle I program which make it more stringent,
in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR
part 281, subpart E. If North Carolina obtains approval for revised
requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the
newly approved statutory and regulatory provisions will be added to
this subpart and notice of any change will be published in the Federal
Register.
[[Page 79761]]
(d) Final approval. North Carolina has final approval for the
following elements of its UST Program submitted to EPA and approved
effective August 14, 2001, and the program revisions approved by EPA
effective on December 2, 2024.
(1) State statutes and regulations--
(i) Incorporation by reference.
The North Carolina materials cited in this paragraph (d)(1)(i), and
listed in appendix A to this part, are incorporated by reference as
part of the UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et
seq. (See Sec. 282.2 for incorporation by reference approval and
inspection information.) You may obtain copies of the North Carolina
statutes and regulations that are incorporated by reference in this
paragraph (d)(1)(i) from the North Carolina Department of Environmental
Quality, 217 West Jones Street, Raleigh, North Carolina 27603 (physical
address); 1646 Mail Service Center, Raleigh, North Carolina 27699-1646
(mailing address); Phone number: (919) 707-8200; website: <a href="https://www.deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/underground-storage-tanks-rules">https://www.deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/underground-storage-tanks-rules</a>.
(A) ``North Carolina Statutory Requirements Applicable to the
Underground Storage Tank Program,'' dated August 15, 2024.
(B) ``North Carolina Regulatory Requirements Applicable to the
Underground Storage Tank Program,'' dated August 15, 2024.
(ii) Legal basis. EPA considered the following statutes and
regulations which provide the legal basis for the State's
implementation of the UST Program, but do not replace Federal
authorities. Further, these provisions are not being incorporated by
reference, unless the provisions place requirements on regulated
entities.
(A) General Statutes of North Carolina, Chapter 132--Public Records
(2018).
Sections 132-1 through132-1.14, insofar as these provisions provide
for information sharing with EPA and the State's Public Records laws.
(B) General Statutes of North Carolina, Chapter 143; Article 21,
Part 1. Organization and Powers Generally; Control of Pollution (2018).
(1) Section 143-215.2, insofar as it provides for enforcement
response, issuance of orders, injunctive relief, public notice and
review of orders, proceedings before the North Carolina Environmental
Management Commission (Commission), and procedures to contest orders.
(2) Section 143-215.3(a), insofar as it provides additional general
authorities to the Commission pertaining to the State UST Program.
(3) Section 143-215.3(b), insofar as it provides for compliance
monitoring and establishes authority to conduct research,
investigations, and requires cooperation from other State departments.
(4) Section 143-215.3(c), insofar as it provides authority to
participate in Federal programs.
(5) Section 143-215.3(d), insofar as it establishes procedures for
consulting with other States on regulations.
(6) Section 143-215.3(f), insofar as it provides enforcement
response and establishes authorities for groundwater corrective action.
(7) Section 143-215.6A, insofar as it provides for enforcement
response, assessment of penalties, and procedures for contesting
penalties.
(C) General Statutes of North Carolina, Chapter 143; Article 21A,
Part 1. General Provisions (2018).
Section 143-215.79, insofar as it provides for compliance
monitoring and establishes authority for inspections and the right to
enter property to conduct inspections.
(D) General Statutes of North Carolina, Chapter 143; Article 21A,
Part 2A. Leaking Petroleum UST Tank Cleanup (2018).
(1) Section 143-215.94F, insofar as it provides for enforcement
response and establishes a limitation of liability.
(2) Section 143-215.94J, insofar as it provides for enforcement
response and establishes a limitation of liability for the State.
(3) Section 143-215.94K, insofar as it provides for enforcement
response, civil penalties, criminal penalties, and injunctive relief.
(4) Section 143-215.94L, insofar as it establishes authority to
adopt regulations necessary to implement the State UST Program.
(E) General Statutes of North Carolina, Chapter 143; Article 21A,
Part 2B. UST Regulation (2018).
(1) Section 143-215.94T, insofar as it provides for compliance
monitoring, and the promulgation of regulations for the implementation
of the State UST Program.
(2) Section 143-215.94U, insofar as it provides for delivery
prohibition and enforcement of the State UST Program.
(3) Section 143-215.94V(b) through (h), insofar as these provisions
provide for enforcement response and establish authorities for
corrective action.
(4) Section 143-215.94W, insofar as it provides for enforcement
response and civil penalties.
(5) Section 143-215.94X, insofar as it provides for enforcement
response and criminal penalties.
(6) Section 143-215.94Y, insofar as it provides for enforcement
response and injunctive relief.
(F) General Statutes of North Carolina, Chapter 143; Article 21A,
Part 2D. Training of UST Operators (2018).
Section 143-215.94TT, insofar as it provides for enforcement
response, civil penalties, criminal penalties, and injunctive relief.
(G) General Statutes of North Carolina, Chapter 143B; Article 7,
Part 4. Environmental Management Commission (2018).
Section 143B-282, insofar as it creates the Environmental
Management Commission and provides the Commission with the powers and
duty to promulgate rules pertaining to the State UST Program.
(H) General Statutes of North Carolina, Chapter 150B--
Administrative Procedure Act (2024).
Section 150B-23, insofar as it provides for public intervention and
procedures for administrative hearings.
(I) North Carolina Administrative Code, Title 15A, Chapter 2,
Subchapter 2N (2023).
(1) 15A N.C.A.C. 02N .0101(b), insofar as it provides authority to
administer the State UST Program.
(2) 15A N.C.A.C. 02N .0405, insofar as it provides for compliance
monitoring and establishes authority to conduct inspections, tests, and
obtain information from owners.
(J) Rule 24(a)(2) of the North Carolina Rules of Civil Procedure
(2024), insofar as it provides for citizen intervention and public
participation in the State enforcement process.
(iii) Other provisions not incorporated by reference. The following
statutory and regulatory provisions applicable to the North Carolina
UST Program are broader in scope than the Federal program or external
to the State UST program approval requirements. Therefore, these
provisions are not part of the approved UST Program and are not
incorporated by reference in this section:
(A) General Statutes of North Carolina, Chapter 143; Article 21,
Part 1. Organization and Powers Generally; Control of Pollution (2018).
Section 143-215.3(e) is broader in scope insofar as it provides for
the granting of variances which are not available to UST owners and
operators as these terms are defined in 40 CFR 280.12.
(B) General Statutes of North Carolina, Chapter 143; Article 21A,
Part
[[Page 79762]]
2A. Leaking Petroleum UST Tank Cleanup (2018).
(1) Section 143-215.94A(2)c. is broader in scope as to the
definition of ``Commercial underground storage tank,'' insofar as it
includes certain heating oil tanks and connected piping that are
excluded by the Federal program.
(2) Section 143-215.94B is broader in scope insofar as it provides
for the creation of the Commercial Leaking Petroleum Underground
Storage Tank Cleanup Fund (State Fund) and criteria for the expenditure
of funds.
(3) Section 143-215.94C is broader in scope insofar as it requires
owners and operators to pay an annual operating fee to the State Fund.
(4) Sections 143-215.94E(b) through (k) are broader in scope
insofar as these provisions relate to the State Fund.
(5) Section 143-215.94G is broader in scope insofar as it provides
for DEQ to perform cleanups and provides for reimbursement from the
State Fund.
(6) Section 143-215.94M is external insofar as it contains
reporting obligations on the State agency, not a regulated entity.
(7) Section 143-215.94N is broader in scope insofar as it relates
to the State Fund.
(8) Section 143-215.94P is broader in scope insofar as it provides
for the creation of the Groundwater Protection Loan Fund and
promulgation of regulations regarding such fund.
(C) General Statutes of North Carolina, Chapter 143; Article 21A;
Part 2B. UST Regulation (2018).
Section 143-215.94V(a) is external insofar as it pertains to
legislative findings and intent.
(D) General Statutes of North Carolina, Chapter 143; Article 21A,
Part 2D. Training of UST Operators (2018).
Section 143-215.94OO(4) is broader in scope as to the definition of
``Underground storage tank system'' or ``tank system,'' insofar as it
includes dispensers as part of the system.
(E) General Statutes of North Carolina, Chapter 143B; Article 7,
Part 4. Environmental Management Commission (2018).
(1) Section 143B-279.9 is broader in scope insofar as it regulates
releases from sources that are not underground storage tanks and
entities that are not owners and operators as these terms are defined
in 40 CFR 280.12.
(2) Section 143B-279.11 is broader in scope insofar as it regulates
releases from sources that are not underground storage tanks and
entities that are not owners and operators as these terms are defined
in 40 CFR 280.12.
(F) North Carolina Administrative Code, Title 15A--Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2L,
Groundwater Classification and Standards (2023).
(1) 15A N.C.A.C. 02L .0100, including .0101 through .0115, is
broader in scope insofar as it provides general considerations for
groundwater classification and standards.
(2) 15A N.C.A.C. 02L .0200, including .0201 through .0202, is
broader in scope insofar as it establishes underground water
classifications and quality standards.
(3) 15A N.C.A.C. 02L .0300, including .0310 through .0319, is
broader in scope insofar as it assigns underground water
classifications.
(4) 15A N.C.A.C. 02L .0403 is broader in scope insofar as it
defines a ``responsible party'' to include persons other than owners
and operators as these terms are defined in 40 CFR 280.12.
(5) 15A N.C.A.C 02L .0410 is external insofar as it contains
reporting obligations on the State agency, not a regulated entity.
(6) 15A N.C.A.C. 02L .0414 is external insofar as it regulates
entities other than owners or operators as these terms are defined in
40 CFR 280.12.
(7) 15A N.C.A.C. 02L .0415 is broader in scope insofar as it
regulates releases from sources other than underground storage tank
systems.
(8) 15A N.C.A.C. 02L .0500, including .0501 through .0515, is
broader in scope insofar as it regulates aboveground storage tanks and
sources.
(G) North Carolina Administrative Code, Title 15A--Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2N,
Underground Storage Tanks (2023).
(1) 15A N.C.A.C. 02N .0201(1) is broader in scope insofar as it
regulates underground storage tanks containing de minimis
concentrations of regulated substances.
(2) 15A N.C.A.C. 02N .0203(a)(1) is broader in scope as to the
definition of ``UST system'' or ``Tank system,'' insofar as they
include dispensers as part of the system.
(3) 15A N.C.A.C. 02N .0504(c) is broader in scope insofar as it
relates to the permitting of monitoring wells.
(4) 15A N.C.A.C. 02N .0802 is broader in scope insofar as it
regulates underground storage tanks containing de minimis amounts of
regulated substances.
(5) 15A N.C.A.C. 02N .0901(d) is broader in scope insofar as it
requires dispensers to have more than under-dispenser containment.
(6) Note to paragraph (e) of Section 15A N.C.A.C. 02N .0901 is
external insofar as it regulates entities other than owners or
operators as these terms are defined in 40 CFR 280.12.
(H) North Carolina Administrative Code, Title 15A--Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2P, Leaking
Petroleum Underground Storage Tank Cleanup Funds (2023).
15A N.C.A.C. 02P, including .0101 through .0408, except .0302,
insofar as these provisions relate to the State Fund and the collection
of annual operating fees.
(2) Statement of legal authority. The Attorney General's Statement,
signed by independent legal counsel for the State on behalf of the
North Carolina Attorney General on October 11, 2018, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted in the
application dated October 22, 2018, as amended on February 22, 2023,
May 4, 2023, and June 24, 2024, though not incorporated by reference,
is referenced as part of the approved underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program description. The program description submitted in the
application dated October 22, 2018, as amended on February 22, 2023,
May 4, 2023, and June 24, 2024, though not incorporated by reference,
is referenced as part of the approved underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 4 and the DEQ, signed by the EPA Regional Administrator on
October 12, 2018, though not incorporated by reference, is referenced
as part of the approved underground storage tank program under subtitle
I of RCRA, 42 U.S.C. 6991 et seq.
0
3. Amend appendix A to part 282 by revising the entry for North
Carolina to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
North Carolina
(a) The statutory provisions include: General Statutes of North
Carolina, Chapter 143; Article 21A, Part 2A. Leaking Petroleum UST
Tank Cleanup (2018):
143-215.94A Definitions, except ``by four or fewer households''
in (2)(c).
[[Page 79763]]
143-215.94E Rights and obligations of the owner or operator,
except (b) through (k).
143-215.94H Financial responsibility.
143-215.94I Insurance pools authorized; requirements.
General Statutes of North Carolina, Chapter 143; Article 21A,
Part 2D. Training of UST Operators (2018):
143-215.94NN Applicability.
143-215.94OO Definitions, except ``dispenser'' in (4).
143-215.94PP Designation of operators to be trained.
143-215.94QQ Training requirements for primary operators.
143-215.94RR Training requirements for emergency response
operators.
143-215.94SS Tank systems for emergency power generators.
143-215.94UU Effect on other laws.
General Statutes of North Carolina, Chapter 143B; Article 7,
Part 1. General Provisions (2018):
143B-279.9 Land-use restrictions may be imposed to reduce danger
to public health at contaminated sites, except for ``Except with
respect to land contaminated from a discharge or release of
petroleum from an underground storage tank, the imposition of
restrictions on the current or future use of real property on sites
contaminated by the discharge or release of petroleum from an
aboveground storage tank, or another petroleum source, from which
contamination has migrated to off-site properties, as that term is
defined under G.S. 130A-310.65(3a), shall only be allowed as
provided in G.S. 143-215.104AA or G.S. 130A-310.73A, as applicable''
in (b).
143B-279.11 Recordation of residual petroleum from underground
or above ground storage tanks or other sources, except ``or from an
aboveground storage tank or other petroleum source pursuant to Part
7 of Article 21A of Chapter 143 of the General Statutes'' in (a);
``aboveground storage tank, or other petroleum source'' in (b) and
(d); (e); and (h).
(b) The regulatory provisions include:
North Carolina Administrative Code, Title 15A-Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2L,
Groundwater Classification and Standards (2023):
15A N.C.A.C. 02L .0401 Purpose.
15A N.C.A.C. 02L .0402 Definitions.
15A N.C.A.C. 02L .0403 Rule Application, except ``a landowner
seeking reimbursement from the Commercial Leaking Underground
Storage Tank Fund or the Noncommercial Leaking Underground Storage
Tank Fund under G.S. 143-215.94E, and any other person responsible
for the assessment or cleanup of a discharge or release from an
underground storage tank, including any person who has conducted or
controlled an activity that results in the discharge or release of
petroleum or petroleum products as defined in G.S. 143-215.94A(10)
to the groundwaters of the State or in proximity thereto.''
15A N.C.A.C. 02L .0404 Required initial abatement actions by
responsible party.
15A N.C.A.C. 02L .0405 Requirements for limited site assessment.
15A N.C.A.C. 02L .0406 Discharge or release classifications.
15A N.C.A.C. 02L .0407 Reclassification of risk levels.
15A N.C.A.C. 02L .0408 Assessment and remediation procedures.
15A N.C.A.C. 02L .0409 Notification requirements.
15A N.C.A.C. 02L .0411 Establishing maximum soil contamination
concentrations.
15A N.C.A.C. 02L .0412 Analytical procedures for soil samples.
15A N.C.A.C. 02L .0413 Analytical procedures for groundwater
samples.
North Carolina Administrative Code, Title 15A-Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2N,
Underground Storage Tanks (2023):
15A N.C.A.C. 02N .0101 General, except for (b).
15A N.C.A.C. 02N .0102 Copies of referenced federal regulations.
15A N.C.A.C. 02N .0104 Identification of tanks.
15A N.C.A.C. 02N .0201 Applicability, except (1).
15A N.C.A.C. 02N .0202 Installation requirements for partially
excluded UST systems.
15A N.C.A.C. 02N .0203 Definitions, except ``dispenser'' in
(a)(1).
15A N.C.A.C. 02N .0301 Performance standards for UST system
installations or replacements completed after December 22, 1988 and
before November 1, 2007.
15A N.C.A.C. 02N .0302 Upgrading of existing UST systems after
December 22, 1998 and before November 1, 2007.
15A N.C.A.C. 02N .0303 Notification requirements.
15A N.C.A.C. 02N .0304 Implementation schedule for performance
standards for new UST systems and upgrading requirements for
existing UST systems located in areas defined in Rule .0301(D).
15A N.C.A.C. 02N .0401 Spill and overfill control.
15A N.C.A.C. 02N .0402 Operation and maintenance of corrosion
protection.
15A N.C.A.C. 02N .0403 Compatibility.
15A N.C.A.C. 02N .0404 Repairs allowed.
15A N.C.A.C. 02N .0405 Reporting and recordkeeping.
15A N.C.A.C. 02N .0406 Periodic testing of spill prevention
equipment and containment sumps used for interstitial monitoring of
piping and periodic inspection of overfill prevention equipment.
15A N.C.A.C. 02N .0407 Periodic operation and maintenance
walkthrough inspections.
15A N.C.A.C. 02N .0501 General Requirements for all UST systems.
15A N.C.A.C. 02N .0502 Requirements for petroleum UST systems.
15A N.C.A.C. 02N .0503 Requirements for hazardous substance UST
systems.
15A N.C.A.C. 02N .0504 Methods of release detection for tanks,
except (c).
15A N.C.A.C. 02N .0505 Methods of release detection for piping.
15A N.C.A.C. 02N .0506 Release detection recordkeeping.
15A N.C.A.C. 02N .0601 Reporting of suspected releases.
15A N.C.A.C. 02N .0602 Investigation due to off-site impacts.
15A N.C.A.C. 02N .0603 Release investigation and confirmation
steps.
15A N.C.A.C. 02N .0604 Reporting and cleanup of spills and
overfills.
15A N.C.A.C. 02N .0701 General.
15A N.C.A.C. 02N .0702 Initial response.
15A N.C.A.C. 02N .0703 Initial abatement measures and site
check.
15A N.C.A.C. 02N .0704 Initial site characterization.
15A N.C.A.C. 02N .0705 Free product removal.
15A N.C.A.C. 02N .0706 Investigations for soil and groundwater
cleanup.
15A N.C.A.C. 02N .0707 Corrective action plan.
15A N.C.A.C. 02N .0708 Public participation.
15A N.C.A.C. 02N .0801 Temporary closure.
15A N.C.A.C. 02N .0802 Permanent closure and change-in-service,
except for ``except that an UST system containing de minimis
concentrations of a regulated substance shall meet the closure
requirements of this Rule within 12 months of January 1, 1991.''
15A N.C.A.C. 02N .0803 Assessing the site at closure or change-
in-service.
15A N.C.A.C. 02N .0804 Applicability to previously closed UST
Systems.
15A N.C.A.C. 02N .0805 Closure records.
15A N.C.A.C. 02N .0901 General requirements, except
``dispensers'' in (d); and Note to Paragraph (e).
15A N.C.A.C. 02N .0902 Notification.
15A N.C.A.C. 02N .0903 Tanks.
15A N.C.A.C. 02N .0904 Piping.
15A N.C.A.C. 02N .0905 Containment sumps.
15A N.C.A.C. 02N .0906 Spill buckets.
15A N.C.A.C. 02N .0907 National codes of practice and industry
standards.
15A N.C.A.C. 02N .1001 Definitions.
15A N.C.A.C. 02N .1002 General requirements.
15A N.C.A.C. 02N .1003 Additions, exceptions, and alternatives
for UST systems with field-constructed tanks and airport hydrant
systems.
North Carolina Administrative Code, Title 15A-Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2O,
Financial Responsibility Requirements for Owners and Operators of
Underground Storage Tanks (2023):
15A N.C.A.C. 02O .0101 General.
15A N.C.A.C. 02O .0102 Financial responsibility.
15A N.C.A.C. 02O .0203 Definitions.
15A N.C.A.C. 02O .0204 Amount and scope of required financial
responsibility.
15A N.C.A.C. 02O .0302 Self insurance.
15A N.C.A.C. 02O .0304 Insurance and risk retention group
coverage.
15A N.C.A.C. 02O .0308 Insurance pools.
15A N.C.A.C. 02O .0402 Record keeping.
15A N.C.A.C. 02O .0503 Incapacity of owner or operator or
provider of assurance.
15A N.C.A.C. 02O .0504 Replenishment.
North Carolina Administrative Code, Title 15A-Environmental
Quality; Chapter 2, Environmental Management; Subchapter 2P, Leaking
Petroleum Underground Storage Tank Cleanup Funds (2023):
15A N.C.A.C. 02P .0302 Notification.
(c) Copies of the North Carolina statutes and regulations that
are incorporated by
[[Page 79764]]
reference are available from the North Carolina Department of
Environmental Quality, 217 West Jones Street, Raleigh, North
Carolina, 27603 (physical address); 1646 Mail Service Center,
Raleigh, North Carolina 27699-1646 (mailing address); Phone number:
(919) 707-8200; website: <a href="https://www.deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/underground-storage-tanks-rules">https://www.deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/underground-storage-tanks-rules</a>.
[FR Doc. 2024-22541 Filed 9-30-24; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.