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Amendments to Underground Storage Tanks Regulations

The Division of Waste Management is seeking approval from the GWWMC for amendments to the criteria and standards applicable to underground storage tanks and the financial responsibility requirements for owners and operators of underground storage tanks. These proposed amendments address corrections, updates, clarifications, and removal of outdated language. The deadline for readoption of these rules is January 1, 2023.

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Amendments to Underground Storage Tanks Regulations

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  1. September 11, 2019 Groundwater & Waste Management Committee Readoption and Amendments to15A NCAC 02N and 15A NCAC 02O Ruth Strauss Division of Waste Management, Underground Storage Tank Section

  2. Overview • The Division of Waste Management is requesting approval from the GWWMC to proceed to the EMC for public comment and hearing for amendments to 15A NCAC 02N Criteria and Standards Applicable to Underground Storage Tanks and 15A NCAC 02O Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks. • These rules are proposed for readoption pursuant to G.S. 150B-21.3A. • The Rules Review Commission established a deadline of January 1, 2023 for the readoption of these rules. • A regulatory impact analysis has been submitted to OSBM. Department of Environmental Quality

  3. Summary of Rule Changes • Amendments are proposed to address corrections and updates to information, clarification of vague or unclear language, and to remove outdated or unnecessary language. RRC staff attorney comments are incorporated. • In addition, some proposed amendments to 15A NCAC 02N will result in substantive changes. These changes are based on new legislative requirements and input from stakeholders. Department of Environmental Quality

  4. Summary of Rule Changes15A NCAC 02N • Changes Required by Session Law 2018-114 (1) Sections 19.1(a) through (e) require the department to accept all test methods and testing equipment approved by the Environmental Protection Agency (EPA), including use of a testable drop tube (an overfill device), for required testing of UST equipment. 15A NCAC 02N .0406, .0901(o), .0904(f), .0905(g) and .0906(e).(2) Sections 19(a) through (e) change the requirement for checking the operability of overfill prevention equipment installed or replaced after 11/1/2007 from annually to every three years. 15A NCAC 02N .0901(o). • Changes Requested by Stakeholders(1) Will allow installation of piping with a stainless steel inner wall and a non-corroding outer wall. 15A NCAC 02N .0904(b) and .0907.(2) Will allow double-walled spill buckets with mechanical liquid detecting sensors (monitored for leaks at least every 30 days) to be used when replacing failing spill buckets on tanks installed prior to November 1, 2007. 15A NCAC 02N .0901(d) and .0901(k). Department of Environmental Quality

  5. Summary of Rule Changes15A NCAC 02N • Technical Corrections(1) Updated websites.(2) Deleted sampling methods, industry standards and codes of practice, and other standard procedures that were no longer relevant and replaced them with those that are current.(3) Added clarifying language. Deleted unnecessary language. Corrected grammar, cross-references, etc.(4) Corrected inconsistencies. Department of Environmental Quality

  6. Summary of Rule Changes15A NCAC 02O • Technical Corrections(1) Reformatted rules.(2) Updated websites.(3) Deleted obsolete rules.(4) Added clarifying language. Corrected grammar, cross-references, etc.(5) Corrected authorities. Department of Environmental Quality

  7. Proposed Rule Making Schedule Department of Environmental Quality

  8. Requested Action The Division is requesting approval to proceed to the Environmental Management Commission for public comment and hearing for readoption and amendments to 15A NCAC 02N Criteria and Standards Applicable to Underground Storage Tanks and 15A NCAC 02O Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks. QUESTIONS? Ruth Strauss, Branch Head Permits and Inspection Branch Underground Storage Tank Section Division of Waste Management ruth.strauss@ncdenr.gov/ (919) 707-8299 Department of Environmental Quality

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