North Carolina Administrative Code

15A NCAC 02L .0413 analytical procedures for groundwater samples (a) Analytical procedures for groundwater samples required under this Section shall be methods accepted by the US EPA as suitable for determining the presence and concentration of petroleum hydrocarbons for the type…

15A NCAC 02L .0414 Required laboratory certification In accordance with 15A NCAC 02H .0804, laboratories shall obtain North Carolina Division of Water Resources laboratory certification for parameters that are required to be reported to the State in compliance with the State's su…

15A NCAC 02L .0415 discharges or releases from other sources This Section shall not relieve any person responsible for assessment or cleanup of contamination from a source other than a commercial or noncommercial underground storage tank from its obligation to assess and clean up…

15A NCAC 02L .0416 Eligibility of sites to continue remediation under rules existing before the effective date of 15A NCAC 02L .0115 History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 64…

15A NCAC 02L .0417 Establishing cleanup requirements For sites eligible to continue remediation under rules existing before the effective date of 15A NCAC 02L .0115 History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-2…

SECTION .0500 – RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES 15A NCAC 02L .0501 Purpose (a) The purpose of this Section is to establish procedures for risk-based assessment and corrective action sufficient to: (1) p…

15A NCAC 02L .0502 Definitions The definitions as set out in Rule .0102 of this Subchapter and the following definitions shall apply throughout this Section: (1) "Aboveground storage tank" or "AST" means any one or a combination of tanks, including pipes connected thereto, that i…

15A NCAC 02L .0503 Rule application The requirements of this Section shall apply to the owner and operator of a petroleum aboveground storage tank or other non-UST petroleum tank, stationary or mobile, from which a discharge or release occurred and to any person determined to be …

15A NCAC 02L .0504 Required initial reSponse and abatement actions by responsible party Upon a discharge or release of petroleum from a non-UST petroleum source the responsible party shall: (1) take actions to prevent all further discharge or release of petroleum from the non-UST…

15A NCAC 02L .0505 Requirements for limited site assessment (a) If the required showing cannot be made by the responsible party under Rule .0504 of this Section, the responsible party shall submit within 120 days of the discovery of the discharge or release, a report as required …

15A NCAC 02L .0506 Discharge or release classifications The Department shall classify the risk of each known discharge or release as high, intermediate, or low risk, unless the discharge or release has been classified under Rule .0504 of this Section. For purposes of this Section…

15A NCAC 02L .0507 RECLASSIFICATION OF RISK LEVELS (a) Each responsible party shall have the continuing obligation to notify the Department of any changes that may affect the level of risk assigned to a discharge or release by the Department if the change is known or should be kn…

15A NCAC 02L .0508 ASSESSMENT AND remediation procedures Assessment and remediation of soil contamination shall be addressed as follows: (1) At the time that the Department determines the risk posed by the discharge or release, the Department shall also determine, based on site-s…

15A NCAC 02L .0509 notification requirements (a) A responsible party who submits a corrective action plan that proposes natural attenuation, to cleanup groundwater contamination to a standard other than a standard as set forth in Rule .0202 of this Subchapter, or to cleanup soil …

15A NCAC 02L .0510 departmental listing of discharges or releases The Department shall maintain in each of the Department's regional offices a list of all non-UST petroleum discharges or releases discovered and reported to the Department within the region. History Note: Authority…

15A NCAC 02L .0511 establishing maximum soil contamination concentrations For the purposes of risk-based assessment and remediation for non-UST petroleum releases, establishment of maximum soil contamination concentrations shall be in accordance with Rule .0411 of this Subchapter…

15A NCAC 02L .0512 analytical procedures for soil samples For the purposes of risk-based assessment and remediation for non-UST petroleum releases, analytical procedures for soil samples shall be in accordance with Rule .0412 of this Subchapter. History Note: Authority G.S. 143-2…

15A NCAC 02L .0513 analytical procedures for groundwater samples For the purposes of risk-based assessment and remediation for non-UST petroleum releases, analytical procedures for groundwater samples shall be in accordance with Rule .0413 of this Subchapter. History Note: Author…

15A NCAC 02L .0514 Required laboratory certification In accordance with 15A NCAC 02H .0804, laboratories shall obtain North Carolina Division of Water Resources laboratory certification for parameters that are required to be reported to the State in compliance with the State's su…

15A NCAC 02L .0515 discharges or releases from other sources This Section shall not relieve any person responsible for assessment or cleanup of contamination from a source other than a non-UST petroleum release from its obligation to assess and clean up contamination resulting fr…

SECTION .0500 - CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS 15A NCAC 02M .0501 GENERAL CRITERIA History Note: Authority G.S. 159G-5; 159G-8; 159G-15; Eff. March 1, 1989; Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier rec…

subchapter 02n – Criteria and standards applicable to UNDERGROUND STORAGE TANKS SECTION .0100 - GENERAL CONSIDERATIONS 15A NCAC 02N .0101 GENERAL (a) The purpose of this Subchapter is to establish the technical standards and corrective action requirements for owners and operators…

15A NCAC 02N .0102 COPIES OF REFERENCED FEDERAL REGULATIONS Copies of the Code of Federal Regulations, Sections 40 CFR 280.10-280.252 and Appendices Part 280 (80 FR 41624 – 41625, October 13, 2015) for this Subchapter, may be obtained at www.ecfr.gov/cgi-bin/ECFR?page=browse at n…

15A NCAC 02N .0103 ADOPTION BY REFERENCE UPDATES History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); Eff. January 1, 1991; Repealed Eff. June 1, 2017.

15A NCAC 02N .0104 IDENTIFICATION OF TANKS (a) Owners and operators shall maintain at each underground storage tank location a current diagram that indicates, for each underground storage tank: (1) location with respect to property boundaries and any permanent on-site structures;…

SECTION .0200 - PROGRAM SCOPE AND INTERIM PROHIBITION 15A NCAC 02N .0201 APPLICABILITY The regulations governing "Applicability" set forth in 40 CFR 280.10 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that: (1) underground storage…

15A NCAC 02N .0202 INSTALLATION REQUIREMENTS FOR PARTIALLY EXCLUDED UST SYSTEMS The regulations governing "Installation requirements for partially excluded UST systems" set forth in 40 CFR 280.11 are hereby incorporated by reference, excluding any subsequent amendments and editio…

15A NCAC 02N .0203 DEFINITIONS (a) The regulations governing "Definitions" set forth in 40 CFR 280.12 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that: (1) "UST system" shall be changed to read "'UST system' or 'Tank system' mean…

SECTION .0300 - UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION 15A NCAC 02N .0301 PERFORMANCE STANDARDS FOR UST SYSTEM INSTALLATIONS OR REPLACEMENTS COMPLETED AFTER DECEMBER 22, 1988 AND BEFORE NOVEMBER 1, 2007 (a) The regulations governing "Performance standar…

15A NCAC 02N .0302 UPGRADING OF EXISTING UST SYSTEMS AFTER DECEMBER 22, 1998 AND BEFORE NOVEMBER 1, 2007 (a) The regulations governing "Upgrading of existing UST systems" set forth in 40 CFR 280.21 are hereby incorporated by reference, excluding any subsequent amendments and edit…

15A NCAC 02N .0303 NOTIFICATION REQUIREMENTS The regulations governing "Notification requirements" set forth in 40 CFR 280.22 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that: (1) Owners and operators of an UST system shall submi…

15A NCAC 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) (a) The following implementation schedule shall apply only to owners and operators of UST systems…

SECTION .0400 - GENERAL OPERATING REQUIREMENTS 15A NCAC 02N .0401 SPILL AND OVERFILL CONTROL The regulations governing "Spill and overfill control" set forth in 40 CFR 280.30 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Aut…

15A NCAC 02N .0402 OPERATION AND MAINTENANCE OF CORROSION PROTECTION The regulations governing "Operation and maintenance of corrosion protection" set forth in 40 CFR 280.31 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Auth…

15A NCAC 02N .0403 COMPATIBILITY The regulations governing "Compatibility" set forth in 40 CFR 280.32 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); Eff. January 1, 1991; Am…

15A NCAC 02N .0404 REPAIRS ALLOWED The regulations governing "Repairs Allowed" set forth in 40 CFR 280.33 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that the first sentence of 40 CFR 280.33(d) shall be read: "Repairs to secondar…

15A NCAC 02N .0405 REPORTING AND RECORDKEEPING (a) The regulations governing "Reporting and recordkeeping" set forth in 40 CFR 280.34 are hereby incorporated by reference, excluding any subsequent amendments and editions. (b) Owners and operators shall submit to the Division, wit…

15A NCAC 02N .0406 PERIODIC TESTING OF SPILL PREVENTION EQUIPMENT AND CONTAINMENT SUMPS USED FOR INTERSTITIAL MONITORING OF PIPING AND PERIODIC INSPECTION OF OVERFILL PREVENTION EQUIPMENT The regulations governing "Periodic testing of spill prevention equipment and containment su…

15A NCAC 02N .0407 PERIODIC OPERATION AND MAINTENANCE WALKTHROUGH INSPECTIONS The regulations governing "Periodic operation and maintenance walkthrough inspections" set forth in 40 CFR 280.36 (Subpart C) are hereby incorporated by reference. History Note: Authority G.S. 143-215.3…

SECTION .0500 - RELEASE DETECTION 15A NCAC 02N .0501 GENERAL REQUIREMENTS FOR ALL UST SYSTEMS The regulations governing "General requirements for all UST systems" set forth in 40 CFR 280.40 are hereby incorporated by reference, excluding any subsequent amendments and editions. Hi…

15A NCAC 02N .0502 REQUIREMENTS FOR PETROLEUM UST SYSTEMS The regulations governing "Requirements for petroleum UST systems" set forth in 40 CFR 280.41 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that UST systems located within a…

15A NCAC 02N .0503 REQUIREMENTS FOR HAZARDOUS SUBSTANCE UST SYSTEMS The regulations governing "Requirements for hazardous substance UST systems" set forth in 40 CFR 280.42 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that hazardou…

15A NCAC 02N .0504 METHODS OF RELEASE DETECTION FOR TANKS (a) The regulations governing "Methods of release detection for tanks" set forth in 40 CFR 280.43 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that 40 CFR 280.43(f)(3), (f)…

15A NCAC 02N .0505 METHODS OF RELEASE DETECTION FOR PIPING The regulations governing "Methods of release detection for piping" set forth in 40 CFR 280.44 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authority G.S. 143-215.3…

15A NCAC 02N .0506 RELEASE DETECTION RECORDKEEPING The regulations governing "Release detection recordkeeping" set forth in 40 CFR 280.45 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authority G.S. 143-215.3(a)(15); 143B-28…

SECTION .0600 - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION 15A NCAC 02N .0601 REPORTING OF SUSPECTED RELEASES The regulations governing "Reporting of suspected releases" set forth in 40 CFR 280.50 are hereby incorporated by reference, excluding any subsequent amendments a…

15A NCAC 02N .0602 INVESTIGATION DUE TO OFF-SITE IMPACTS The regulations governing "Investigation due to off-site impacts" set forth in 40 CFR 280.51 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authority G.S. 143-215.3(a)(…

15A NCAC 02N .0603 RELEASE INVESTIGATION AND CONFIRMATION STEPS The regulations governing "Release investigation and confirmation steps" set forth in 40 CFR 280.52 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that in 40 CFR 280.52…

15A NCAC 02N .0604 REPORTING AND CLEANUP OF SPILLS AND OVERFILLS The regulations governing "Reporting and cleanup of spills and overfills" set forth in 40 CFR 280.53 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that: (1) in 40 CFR…

SECTION .0700 - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES 15A NCAC 02N .0701 GENERAL (a) The regulations governing "General" set forth in 40 CFR 280.60 are hereby incorporated by reference, excluding any subsequent amendme…