Section .0100 ‑ General Considerations

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 02 - environmental management/subchapter n/subchapter n rules.html
Published: 2015

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SUBCHAPTER 2N ‑ 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 of underground storage

tanks.

(b)  The

Groundwater Section of the Division of Environmental Management shall

administer the underground storage tank program for the State of North

Carolina.

(c)  Division

staff may conduct inspections as necessary to ensure compliance with this

Subchapter.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h);

Eff. January 1, 1991.

 

 

15A NCAC 02N .0102       COPIES OF

REFERENCED FEDERAL REGULATIONS

(a)  Copies of

applicable Code of Federal Regulations sections referred to in this Subchapter

are available for public inspection at Department of Environment, Health and

Natural Resources regional offices.  They are:

(1)        Asheville

Regional Office, Interchange Building, 59 Woodfin Place, Post Office Box 370,

Asheville, North Carolina 28802;

(2)        Winston‑Salem

Regional Office, Suite 100, 8025 North Point Boulevard, Winston‑Salem,

North Carolina 27106;

(3)        Mooresville

Regional Office, 919 North Main Street, Mooresville, North Carolina 28115;

(4)        Raleigh

Regional Office, 3800 Barrett Drive, Post Office Box 27687, Raleigh, North

Carolina 27611;

(5)        Fayetteville

Regional Office, Wachovia Building, Suite 714, Fayetteville, North Carolina

28301;

(6)        Washington

Regional Office, 1424 Carolina Avenue, Farish Building, Washington, North

Carolina 27889;

(7)        Wilmington

Regional Office, 7225 Wrightsville Avenue, Wilmington, North Carolina 28403.

(b)  Copies of

such regulations can be made at these regional offices for ten cents ($0.10)

per page.

 

History Note:        Authority G.S. 12‑3.1(c); 143‑215.3(a)(15);

143B‑282(2)(h);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0103       ADOPTION BY REFERENCE UPDATES

The Code of

Federal Regulations adopted by reference in this Subchapter shall automatically

include any later amendments thereto as allowed by G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0104       IDENTIFICATION OF TANKS

(a)  Owners and

operators shall maintain at each facility a current diagram that clearly

indicates, for each underground storage tank:

(1)        location

with respect to property boundaries and any permanent on‑site structures;

(2)        total

storage capacity, in gallons;

(3)        the

exact type of petroleum product (such as unleaded gasoline, No. 2 fuel oil,

diesel) or hazardous substance stored; and

(4)        the

year the tank was installed.

(b)  The

diagram shall be made available for inspection, during normal operating hours,

to authorized representatives of the Department.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h);

Eff. January 1, 1991.

 

 

 

SECTION .0200 ‑ PROGRAM SCOPE AND INTERIM PROHIBITION

 

15A NCAC 02N .0201       APPLICABILITY

The provisions for "Applicability" contained in 40

CFR 280.10 (Subpart A) are hereby incorporated by reference including

subsequent amendments and editions except that:

(1)           Underground storage tanks containing de minimus

concentrations of regulated substances are subject to the requirements for

permanent closure in Rules .0802 and .0803 of this Subchapter;

(2)           UST systems defined at 40 CFR 280.10(c) are

exempted from meeting the requirements of Section .0900 of this Subchapter; and

(3)           UST systems defined at 40 CFR 280.10(d) are subject

to all of the requirements of Section .0900 of this Subchapter.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991;

Amended Eff. November 1, 2007.

 

15A NCAC 02N .0202       INTERIM PROHIBITION FOR DEFERRED UST

SYSTEMS

The provisions for "Interim Prohibition for deferred

UST systems" contained in 40 CFR 280.11 (Subpart A) have been adopted by

reference in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0203       definitions

(a)  The definitions contained in 40 CFR 280.12 (Subpart A)

are hereby incorporated by reference including subsequent amendments and

editions except that 40 CFR 280.12 "UST system" shall be changed to

read "'UST system' or 'Tank system' means an underground storage tank,

connected underground piping, underground ancillary equipment, dispenser, and

containment system, if any."

(b)  This Rule shall apply throughout this Subchapter except

that:

(1)           "Implementing agency" shall mean

the "Division of Waste Management."

(2)           "Division" shall mean the "Division

of Waste Management."

(3)           "Director" and "Director of

the Implementing Agency" shall mean the "Director of the Division of

Waste Management."

(c)  The following definitions shall apply throughout this

Subchapter:

(1)           "De minimis concentration" means

the amount of a regulated substance which does not exceed one percent (1%) of

the capacity of a tank, excluding piping and vent lines.

(2)           "Expeditiously emptied after use"

means the removal of a regulated substance from an emergency spill or overflow

containment UST system within 48 hours after the necessity for use of the UST

system has ceased.

(3)           "Previously closed" means:

(A)          An UST system from which all regulated substances

had been removed, the tank filled with a solid inert material, and tank

openings were sealed or capped prior to December 22, 1988; or

(B)          An UST system removed from the ground prior to

December 22, 1988.

(4)           "Temporarily closed" means:

(A)          An UST system from which the product has been

removed such that not more than one inch of product and residue are present in

any portion of the tank; or

(B)          Any UST system in use as of December 22, 1988 which

complies with the provisions of 15A NCAC 2N .0801

(5)           "Secondary containment" means a

method or combination of methods of release detection for UST systems that

includes:

(A)          For tank installations or replacements completed

prior to November 1, 2007, double-walled construction and external liners

(including vaults);

(B)          For underground piping installations or replacements

completed prior to November 1, 2007, trench liners and double-walled

construction;

(C)          For tank installations or replacements completed on

or after November 1, 2007, double-walled construction and interstitial release

detection monitoring which meet the requirements of Section .0900 of this

Subchapter; and

(D)          For all other UST system component installations or

replacements completed on or after November 1, 2007, double-walled construction

or containment within a liquid-tight sump, and interstitial release detection

monitoring which meet the requirements of Section .0900 of this Subchapter. The

Division shall approve other methods of secondary containment for connected

piping that it determines are capable of meeting the requirements of Section

.0900 of this Subchapter.

(6)           "Interstitial space" means the

opening formed between the inner and outer wall of an UST system with

double-walled construction or the opening formed between the inner wall of a

containment sump and the UST system component that it contains.

(7)           "Replace" means to remove an UST

system or UST system component and to install another UST system or UST system

component in its place.

(8)           "UST system component or tank system

component" means any part of an UST system.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991;

Temporary Amendment Eff. January 7, 1991 For a Period of

180 Days to Expire on July 6, 1991;

Temporary Amendment Expired July 6, 1991;

Amended Eff. November 1, 2007.

 

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 "Performance standards for new UST systems"

contained in 40 CFR 280.20 (Subpart B) are hereby incorporated by reference

including subsequent amendments and editions except that:

(1)           40 CFR 280.20(a)(4) is not incorporated by

reference;

(2)           40 CFR 280.20(b)(3) is not incorporated by

reference; and

(3)           UST system or UST system component installations or

replacements completed on or after November 1, 2007, shall meet the

requirements of Section .0900 of this Subchapter.

(b)  No UST system shall be installed within 100 feet of a

well serving a public water system, as defined in 15A NCAC 18C .0102, or within

50 feet of any other well supplying water for human consumption.

(c)  An UST system existing on January 1, 1991 and located

within the area described in Paragraph (b) of this Rule, may be replaced with a

new tank meeting the performance standards of 40 CFR 280.20 and the secondary

containment provisions of 40 CFR 280.42(b)(1) through (4). The replacement UST

system may not be located nearer to the water supply source than the UST system

being replaced.

(d)  Except as prohibited in Paragraph (b) of this Rule, an

UST system must meet the requirements for secondary containment described at 40

CFR 280.42(b)(1) through (4) if installed:

(1)           Within 500 feet of a well serving a public

water supply or within 100 feet of any other well supplying water for human

consumption; or

(2)           Within 500 feet of any surface water

classified as High Quality Water (HQW), Outstanding Resource water (ORW), WS-I,

WS-II or SA.

(e)  An UST system or UST system component installation

completed on or after November 1, 2007 to replace an UST system or UST system

component located within the areas described in Paragraphs (b), (c), or (d) of

this Rule shall meet the requirements of Section .0900 of this Subchapter.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991;

Amended Eff. November 1, 2007.

 

15A NCAC 02N .0302       upgrading of existing ust systems AFTER DECEMBER

22, 1988 AND BEFORE NOVEMBER 1, 2007

(a)  The provisions for "Upgrading of existing UST

systems" contained in 40 CFR 280.21 (Subpart B) are hereby incorporated by

reference including subsequent amendments and editions except that existing UST

systems located within the areas defined at Rule .0301(b) and (d) of this

Section shall be upgraded in accordance with the provisions of 40 CFR 280.21(b)

through (d) and shall be provided secondary containment as described at 40 CFR

280.42(b)(1) through (4). An UST system so upgraded shall not be located nearer

to a source of drinking water supply than its location prior to being upgraded.

(b)  Owners must submit to the Division, on forms provided

by the Division and within 30 days following completion, a description of the

upgrading of any UST system conducted in accordance with the requirements of 40

CFR 280.21.

(c)  UST systems upgraded in accordance with 40 CFR 280.21

prior to January 1, 1991 are in compliance with this Rule.

(d)  An UST system or UST system component installation

completed on or after November 1, 2007 to upgrade or replace an UST system or

UST system component described in Paragraph (a) of this Rule shall meet the

performance standards of Section .0900 of this Subchapter.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991;

Amended Eff. November 1, 2007.

 

15A NCAC 02N .0303       NOTIFICATION REQUIREMENTS

The "Notification requirements" contained in 40

CFR 280.22 (Subpart B) have been adopted by reference in accordance with G.S.

150B‑14(c) except that:

(1)           Any owner of an UST system must submit to the

Division, on forms provided by the Division, a notice of intent to conduct any

of the following activities:

(a)           Installation of a new UST system;

(b)           Installation of a leak detection device

installed outside of the outermost wall of the tank and piping, such as vapor

detection or groundwater monitoring devices; and

(c)           Permanent closure or change‑in‑service

of an UST system.

(2)           Notification as required in Paragraph (1) of this

Rule shall be given at least 30 days before the activity is begun except as

authorized by the Director.

(3)           Owners and operators of UST systems that were in

the ground on or after May 8, 1986, were required to notify the Division in

accordance with the Hazardous and Solid Waste Amendments of 1984, Public Law 98‑616,

on a form published by the Environmental Protection Agency on November 8, 1985

(50‑FR 46602) unless notice was given pursuant to Section 103(c) of

CERCLA.  Owners or operators who have not complied with the notification

requirements may complete the appropriate portions of the form, provided by the

Division, and submit the form to the Division.

(4)           Beginning October 24, 1988, any person who sells a

tank intended to be used as an underground storage tank must notify the

purchaser of such tank of the owners's notification obligations under

Paragraphs (1) and (2) of this Rule.

(5)           Any reference in 40 CFR 280 to the notification

form in Appendix I shall refer to the North Carolina notification form approved

by the Division and EPA.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

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 located within areas defined in Rule

.0301(d) of this Section. This implementation schedule shall be used by the

Department for tank owners and operators to comply with the secondary

containment requirements contained in Rule .0301(d) for new UST systems and the

secondary containment requirements contained in Rule .0302(a) for existing UST

systems.

(1)           All new UST systems and replacements to an

UST system shall be provided with secondary containment as of April 1, 2001.

(2)           All steel or metal connected piping and

ancillary equipment of an UST, regardless of date of installation, shall be

provided with secondary containment as of January 1, 2005.

(3)           All fiberglass or non-metal connected

piping and ancillary equipment of an UST, regardless of date of installation,

shall be provided with secondary containment as of January 1, 2008.

(4)           All UST systems installed on or before

January 1, 1991 shall be provided with secondary containment as of January 1,

2008.

(5)           All USTs installed after January 1, 1991,

and prior to April 1, 2001, shall be provided with secondary containment as of

January 1, 2020. Owners of USTs located within 100 to 500 feet of a public

water supply well, if the well serves only a single facility and is not a

community water system may seek a variance in accordance with Paragraphs (d)

through (i) of this Rule.

(b)  All owners and operators of UST systems shall implement

the following enhanced leak detection monitoring as of April 1, 2001.  The

enhanced leak detection monitoring shall consist of the following:

(1)           Installation of an automatic tank gauging

system for each UST;

(2)           Installation of an electronic line leak

detector for each pressurized piping system;

(3)           Conducting one 0.1 gallon per hour (gph)

test per month or one 0.2 gph test per week on each UST system;

(4)           Conducting a line tightness test capable of

detecting a leak rate of 0.1 gph, once per year for each suction piping system.

No release detection is required for suction piping that is designed and

constructed in accordance with 40 CFR 280.41(b)(2)(i) through (v);

(5)           If the UST system is located within 500

feet of a public water supply well or within 100 feet of any other well supplying

water for human consumption, sample the supply well at least once per year. The

sample collected from the well shall be characterized in accordance with:

(A)          Standard Method 6200B, Volatile Organic Compounds

Purge and Trap Capillary-Column Gas Chromatographic/Mass Spectrometric Method,

which is incorporated by reference, including subsequent amendments, and may be

obtained at http://www.standardmethods.org/ at a cost of

sixty-nine dollars ($69.00);

(B)          EPA Method 625, Base/Neutrals and Acids, which is

incorporated by reference, including subsequent amendments, and may be accessed

free of charge at

http://water.epa.gov/scitech/methods/cwa/organics/upload/2007_07_10_methods_method_

organics_625.pdf;

and

(C)          If a waste oil UST system is present that does not

meet the requirements for secondary containment in accordance with 40 CFR

280.42(b)(1) through (4), the sample shall also be analyzed for lead and

chromium using Method 6010C, Inductively Coupled Plasma-Atomic Emission

Spectrometry, which is incorporated by reference including subsequent

amendments, and may be accessed free of charge at http://www.epa.gov/epawaste/hazard/testmethods/sw846/pdfs/6010c.pdf

or Method 6020A, Inductively Coupled Plasma-Mass Spectrometry, which is

incorporated by reference including subsequent amendments, and may be accessed

free of charge at http://www.epa.gov/epawaste/hazard/testmethods/sw846/pdfs/6020a.pdf;

and

(6)           The first sample collected in accordance

with Subparagraph (b)(5) of this Rule shall be collected and the results

received by the Division by October 1, 2000 and yearly thereafter.

(c)  An UST system or UST system component installation

completed on or after November 1, 2007 to upgrade or replace an UST system or

UST system component described in Paragraph (a) of this Rule shall meet the

performance standards of Section .0900 of this Subchapter.

(d)  The Environmental Management Commission may grant a

variance from the secondary containment upgrade requirements in Subparagraph

(a)(5) of this Rule for USTs located within 100 to 500 feet of a public water

supply well, if the well serves only a single facility and is not a community

water system.  Any request for a variance shall be in writing by the owner of

the UST for which the variance is sought.  The request for variance shall be

submitted to the Director, Division of Waste Management, 1646 Mail Service

Center, Raleigh, NC 27699-1646. The Environmental Management Commission shall

grant the variance if the Environmental Management Commission finds facts to

support the following conclusions:

(1)           The variance will not endanger human health

and welfare or groundwater; and

(2)           UST systems are operated and maintained in compliance

with all applicable federal laws and regulations and state laws and rules.

(e)  The Environmental Management Commission may require the

variance applicant to submit such information as the Environmental Management

Commission deems necessary to make a decision to grant or deny the variance.

Information that may be requested includes the following:

(1)           Water supply well location, depth,

construction specifications, and sampling results;

(2)           Groundwater depth and flow direction; and

(3)           Leak detection monitoring and testing

results.

(f)  The Environmental Management Commission may impose such

conditions on a variance as the Environmental Management Commission deems

necessary to protect human health and welfare and groundwater.  Conditions for

a variance may include the following:

(1)           Increased frequency of leak detection and

leak prevention monitoring and testing;

(2)           Periodic water supply well sampling; and

(3)           Increased reporting and recordkeeping.

(g)  The findings of fact supporting any variance under this

Rule shall be in writing and made part of the variance.

(h)  The Environmental Management Commission may rescind a

variance that was previously granted if the Environmental Management Commission

discovers through inspection or reporting that the conditions of the variance

are not met or that the facts no longer support the conclusions in

Subparagraphs (d)(1) and (2) of this Rule.

(i)  An owner of a UST system who is aggrieved by a decision

of the Environmental Management Commission to deny or rescind a variance, may

commence a contested case by filing a petition under G.S. 150B-23 within 60

days after receipt of the decision.

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(a)(2)(h);

Temporary Adoption Eff. May 1, 2000;

Eff. April 1, 2001;

Amended Eff. June 1, 2015; November 1, 2007.

 

SECTION .0400 ‑ GENERAL OPERATING REQUIREMENTS

 

15A NCAC 02N .0401       SPILL AND OVERFILL CONTROL

The provisions for "Spill and overfill control"

contained in 40 CFR 280.30 (Subpart C) have been adopted by reference in

accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0402       OPERATION AND MAINTENANCE OF CORROSION

PROTECTION

The provisions for "Operation and maintenance of

corrosion protection" contained in 40 CFR 280.31 (Subpart C) have been

adopted by reference in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0403       COMPATIBILITY

The provisions for "Compatibility" contained in 40

CFR 280.32 (Subpart C) have been adopted by reference in accordance with G.S.

150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0404       REPAIRS ALLOWED

The "Repairs allowed" provisions contained in 40

CFR 280.33 (Subpart C) have been adopted by reference in accordance with G.S.

150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0405       REPORTING AND RECORDKEEPING

(a)  The "Reporting and recordkeeping" procedures

contained in 40 CFR 280.34 (Subpart C) have been adopted by reference in

accordance with G.S. 150B‑14(c).

(b)  Owners and operators must also submit to the Division,

on forms provided by the Division and within 30 days following completion,

results of the site investigation conducted:

(1)           at permanent closure; or

(2)           to insure compliance with the requirements

for installation of vapor monitoring and groundwater monitoring devices, as

specified in 40 CFR 280.43(e)(1) through (e)(4) and 280.43(f)(1) through

(f)(5), respectively.

(c)  Owners must submit to the Division, on forms provided

by the Division, and within 30 days following completion:

(1)           A description of the upgrading of any UST

system conducted in accordance with the requirements of 40 CFR 280.21;

(2)           Certification of the proper operation of a

corrosion protection system upon completion of testing and at a frequency and

in a manner specified in 40 CFR 280.31; and

(3)           Certification of compliance with the

requirements for leak detection specified in 40 CFR 280.40, 40 CFR 280.41, 40

CFR 280.42, 40 CFR 280.43 and 40 CFR 280.44.  The certification must specify

the leak detection method and date of compliance for each UST.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

SECTION .0500 ‑ RELEASE DETECTION

 

15A NCAC 02N .0501       GENERAL REQUIREMENTS FOR ALL UST SYSTEMS

The "General requirements for all UST systems"

provisions contained in 40 CFR 280.40 (Subpart D) have been adopted by

reference in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0502       requirements for petroleum ust systems

The "Requirements for petroleum UST systems"

provisions contained in 40 CFR 280.41 (Subpart D) are hereby incorporated by

reference including subsequent amendments and editions except that UST systems

located within areas defined in Rule .0301(d) of this Subchapter must meet the

requirements for secondary containment described at 40 CFR 280.42(b)(1) through

(4) if the UST system installation or replacement was completed before November

1, 2007.  UST system or UST system component installations or replacements

completed on or after November 1, 2007, must meet the secondary containment

requirements of Section .0900 of this Subchapter.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991;

Amended Eff. November 1, 2007.

 

15A NCAC 02N .0503       requirements for hazardous substance ust

systems

The "Requirements for hazardous substance UST

systems" provisions contained in 40 CFR 280.42 (Subpart D) are hereby

incorporated by reference including subsequent amendments and editions except

that hazardous substance UST systems or UST system components installed or

replacements completed on or after November 1, 2007 must meet the secondary

containment requirements of Section .0900 of this Subchapter.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991;

Amended Eff. November 1, 2007.

 

15A NCAC 02N .0504       METHODS OF RELEASE DETECTION FOR TANKS

(a)  The "Methods of release detection for tanks"

contained in 40 CFR 280.43 (Subpart D) have been adopted by reference in

accordance with G.S. 150B‑14(c) except that:

(1)           40 CFR 280.43 (d)(2) is amended to read: 

"Inventory control, or another test of equivalent performance approved by

the Department, conducted in accordance with the requirements of 40 CFR

280.43(a)";

(2)           40 CFR 280.43(f)(7) is amended to read: 

"Within and immediately below the UST system excavation zone, the site is

assessed to ensure compliance with the requirements of 40 CFR 280.43(f)(1)

through (f)(5), as modified by this Rule, and to establish the number and

positioning of monitoring wells or devices that will detect releases from any

portion of the tank that routinely contains products"; and

(3)           40 CFR 280.43(f)(3), (f)(4), and (f)(5) are

not adopted by reference.

(b)  Wells used for monitoring or testing for liquids on the

groundwater shall be:

(1)           For new installations, located within and

at the end of the excavation having the lowest elevation and along piping at

intervals not exceeding 50 feet; or

(2)           For existing installations, located in the

excavation zone or as near to it as technically feasible and installed in a

borehole at least four inches larger than the diameter of the casing;

(3)           A minimum of two inches in diameter.  The

number of wells installed must be sufficient to detect releases from the UST

system;

(4)           Equipped with a screen that extends from

two feet below land surface to a depth of 20 feet below land surface or two

feet below the seasonal low water level, whichever is shallower.  The screen

shall be designed and installed to prevent the migration of natural soils or

filter pack into the well while allowing the entry of regulated substances into

the well under both high and low groundwater level conditions;

(5)           Surrounded with a clean sand or gravel to

the the top of the screen, plugged and grouted the remaining distance to

finished grade with cement grout;

(6)           Constructed of a permanent casing and

screen material that is inert to the stored substance and is corrosion

resistant;

(7)           Developed upon completion of installation

until the water is clear and relatively sediment free;

(8)           Protected with a water tight cover and

lockable cap;

(9)           Labeled as a liquid monitor well; and

(10)         Equipped with a continuously operating

liquid leak detection device; or

(A)          For tanks storing petroleum products, tested at

least once every 14 days with a device or hydrocarbon‑sensitive paste

capable of detecting the liquid stored; or

(B)          For tanks storing hazardous substances, sampled and

tested at least once every 14 days for the presence of the stored substance.

(c)  Wells used for monitoring or testing for liquids on the

groundwater at new installations, and constructed in accordance with Paragraph

(b) of this Rule, shall be deemed to be permitted in accordance with the

requirements of 15A NCAC 2C .0105.

(d)  Any person completing or abandoning any well, used for

testing of vapors or monitoring for liquids on the groundwater, shall submit

the record required by Rule .0114(b) of the Well Construction Standards (15A

NCAC 2C .0100).

(e)  The site assessments required by 40 CFR 280.43(e)(6)

and 40 CFR 280.43(f)(7) shall be conducted by or under the supervision of a

person qualified to assess site conditions.

(f)  Wells used for monitoring for the presence of vapors in

the soil gas of the excavation zone shall be equipped with a continuously

operating vapor detection device or tested at least once every 14 days for the

presence of the substance stored.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0505       METHODS OF RELEASE DETECTION FOR PIPING

The "Methods of release detection for piping"

provisions contained in 40 CFR 280.44 (Subpart D) have been adopted by

reference in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0506       RELEASE DETECTION RECORDKEEPING

The provisions for "Release detection

recordkeeping" contained in 40 CFR 280.45 (Subpart D) have been adopted by

reference in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

SECTION .0600 ‑ RELEASE REPORTING, INVESTIGATION, AND

CONFIRMATION

 

15A NCAC 02N .0601       REPORTING OF SUSPECTED RELEASES

The provisions for "Reporting of suspected

releases" contained in 40 CFR 280.50 (Subpart E) have been adopted by

reference in accordance with G.S. 150B‑14(c), except that the words,

"or another reasonable time period specified by the implementing

agency," are deleted from the first sentence.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0602       INVESTIGATION DUE TO OFF‑SITE

IMPACTS

The "Investigation due to off‑site impacts"

provisions contained in 40 CFR 280.51 (Subpart E) have been adopted by

reference in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0603       RELEASE INVESTIGATION AND CONFIRMATION

STEPS

The "Release investigation and confirmation steps"

provisions contained in 40 CFR 280.52 (Subpart E) have been adopted by

reference in accordance with G.S. 150B‑14(c), except that the first sentence

has been rewritten to read:  "Unless corrective action is initiated in

accordance with Subpart F, owners must immediately investigate and confirm all

suspected releases of regulated substances requiring reporting under 40 CFR

280.50 within seven days, unless approval for an extension of time has been

granted by the Division before the seven days have expired, and only upon a

showing of good cause by the owner or operator of the UST system.  In

conducting such investigations, owners and operators must use either the

following steps or another procedure approved by the Division."

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0604       REPORTING AND CLEANUP OF SPILLS AND

OVERFILLS

The "Reporting and cleanup of spills and

overfills" provisions contained in 40 CFR 280.53 (Subpart E) have been

adopted by reference in accordance with G.S. 150B‑14(c), except that:

(1)           In 40 CFR 280.53(a) and (b), the words, "or

another reasonable time period specified by the implementing agency," are

not adopted by reference;

(2)           In 40 CFR 280.53(a)(1) and (b), the words, "or

another reasonable amount specified by the implementing agency" are not

adopted by reference; and

(3)           The time periods within which reports required by

the provisions of 40 CFR 280.53 must be submitted to the Division may be

extended upon approval of requests made to the Division by the owner or

operator, before the expiration of the time period and upon a showing of good

cause.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

SECTION .0700 ‑ RELEASE RESPONSE AND CORRECTIVE ACTION

FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES

 

15A NCAC 02N .0701       GENERAL

(a)  The "General" provisions contained in 40 CFR

280.60 (Subpart F) have been incorporated by reference in accordance with G.S.

150B-21.6.  The Code of Federal Regulations incorporated by reference in this

Rule shall automatically include any later amendments thereto as allowed by

G.S. 150B-21.6 and 15A NCAC 2N .0103.  Copies of referenced Federal Regulations

and the cost of those regulations may be obtained pursuant to 15A NCAC 2N

.0102.

(b)  Any corrective action undertaken in accordance with

this Section must meet the requirements and standards specified in 15A NCAC 2L.

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(2)(h); 150B-21.6;

Eff. January 1, 1991;

Temporary Amendment Eff. January 2, 1998;

Amended Eff. October 29, 1998.

 

15A NCAC 02N .0702       INITIAL RESPONSE

The provisions for "Initial response" contained in

40 CFR 280.61 (Subpart F) have been adopted by reference in accordance with

G.S. 150B‑14(c), except that the words, "or another reasonable time

period specified by the implementing agency," in the first sentence are

not adopted by reference.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0703       INITIAL ABATEMENT MEASURES AND SITE

CHECK

The provisions for "Initial abatement measures and site

check" contained in 40 CFR 280.62 (Subpart F) have been adopted by

reference in accordance with G.S. 150B‑14(c), except that:

(1)           40 CFR 280.62(a)(6) is rewritten to read,

"Investigate to determine the possible presence of free product, and begin

free product removal within 14 days in accordance with 40 CFR 280.64, unless

approval for an extension of time has been granted by the Division upon a

showing of good cause, prior to the expiration of the time period"; and

(2)           In 40 CFR 280.62(b) the words, "or within

another reasonable period of time determined by the implementing agency,"

are not adopted by reference.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0704       INITIAL SITE CHARACTERIZATION

The provisions for "Initial site characterization"

contained in 40 CFR 280.63 (Subpart F) have been adopted by reference in

accordance with G.S. 150B‑14(c), except that in 40 CFR 280.63(b) the

words, "or another reasonable period of time determined by the

implementing agency," are replaced by the words, "unless prior

approval has been granted by the Division upon a showing of good cause, before

the 45 days have expired."

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0705       FREE PRODUCT REMOVAL

The provisions for "Free product removal"

contained in 40 CFR 280.64 (Subpart F) have been adopted by reference in

accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0706       INVESTIGATIONS FOR SOIL AND GROUND WATER

CLEANUP

The provisions for "Investigations for soil and ground‑water

cleanup" contained in 40 CFR 280.65 (Subpart F) have been adopted by

reference in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0707       CORRECTIVE ACTION PLAN

(a)  The provisions for a "Corrective action plan"

contained in 40 CFR 280.66 (Subpart F) have been incorporated by reference

including any subsequent amendments and editions with the exception of the

following Paragraph.  This material is available for inspection at the

Department of Environment and Natural Resources, Division of Water Quality,

Groundwater Section, 2728 Capital Boulevard, Raleigh, North Carolina.  Copies

of 40 CFR Parts 260 to 299 may be obtained from the Superintendent of

Documents, Government Printing Office, Washington, D.C., 20402 at a cost of

thirty-one dollars ($31.00).

(b)  40 CFR 280.66(a) has been rewritten to read:  "At

any point after reviewing the information submitted in compliance with 40 CFR

280.61 through 40 CFR 280.63, the Division may require owners and operators to

submit additional information or to develop and submit a corrective action plan

for responding to contaminated soils and groundwater.  If a plan is required,

owners and operators must prepare a plan in accordance with the requirements

specified in 15A NCAC 2L, and submit it according to a schedule established by

the Division.  When establishing the schedule for submission of this plan, the

Division shall consider the previous history of the person submitting the

report in complying with deadlines established under the Commission=s rules,

the risk classification of the discharge or release, the complexity of site

hydrogeology, the extent of contamination, and the necessity for immediate

action to eliminate an imminent threat to public health or the environment. 

Owners and operators are responsible for submitting a plan that provides for

adequate protection of human health and the environment as determined by the

Division, and must modify their plan as necessary to meet this standard."

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(2)(h);

Eff. January 1, 1991;

Amended Eff. September 1, 1992;

Temporary Amendment Eff. January 2, 1998;

Amended Eff. October 29, 1998.

 

 

 

15A NCAC 02N .0708       PUBLIC PARTICIPATION

The provisions for "Public participation"

contained in 40 CFR 280.67 (Subpart F) have been adopted by reference in

accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

 

 

SECTION .0800 ‑ OUT‑OF‑SERVICE UST SYSTEMS

AND CLOSURE

 

15A NCAC 02N .0801       TEMPORARY CLOSURE

The provisions for "Temporary closure" contained

in 40 CFR 280.70 (Subpart G) have been adopted by reference in accordance with

G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0802       PERMANENT CLOSURE AND CHANGES‑IN‑SERVICE

The provisions for "Permanent closure and changes‑in‑service"

contained in 40 CFR 280.71 (Subpart G) have been adopted by reference in

accordance with G.S. 150B‑14(c) except that an UST system containing de

minimis concentrations of a regulated substance must meet the closure

requirements of this Rule within 12 months of the effective date of this

Subchapter.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0803       ASSESSING THE SITE AT CLOSURE OR CHANGE‑IN‑SERVICE

The provisions for "Assessing the site at closure or

change‑in‑service" contained in 40 CFR 280.72 (Subpart G) have

been adopted by reference in accordance with G.S. 150B‑14(c), except that:

(1)           references to methods and requirements have been

expanded to include all applicable references and methods listed in 15A NCAC 2N

.0504;

(2)           site assessments shall be conducted by a person

qualified to assess site conditions; and

(3)           the number and location of samples, and method of

their collections shall be determined in accordance with procedures established

by the Department.

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0804       APPLICABILITY TO PREVIOUSLY CLOSED UST

SYSTEMS

The "Applicability to previously closed UST

systems" provisions contained in 40 CFR 280.73 (Subpart G) have been

adopted by reference in accordance with G.S. 150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

15A NCAC 02N .0805       CLOSURE RECORDS

The "Closure records" provisions contained in 40

CFR 280.74 (Subpart G) have been adopted by reference in accordance with G.S.

150B‑14(c).

 

History Note:        Authority G.S. 143‑215.3(a)(15);

143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991.

 

 

 

SECTION .0900 - performance standards for ust system or ust

system component installation or replacement completed on or after NOVEMBER 1,

2007

 

15A NCAC 02N .0901       general requirements

(a)  This Section applies to a UST system or UST system

component installation or replacement completed on or after November 1, 2007.

(b)  A UST system or UST system component shall not be

installed or replaced within an area defined at 15A NCAC 02N .0301(b).

(c)  A tank shall meet the requirements for secondary

containment including interstitial release detection monitoring in accordance

with this Rule.

(d)  All UST system components other than tanks including

connected piping, underground ancillary equipment, dispensers, line leak

detectors, submersible pumps, spill buckets, siphon bars, and remote fill pipes

shall meet the requirements for secondary containment including interstitial

release detection monitoring in accordance with this Rule. Gravity-fed vertical

fill pipes, vapor recovery, vent lines, and containment sumps are excluded from

the secondary containment requirements in this Rule.

(e)  A UST system design is required for installation or

replacement of a UST system, UST, or connected piping.  If required by G.S.

89C, UST system designs must be prepared by a Professional Engineer licensed by

the North Carolina Board of Examiners for Engineers and Surveyors.

[Note:  The North Carolina Board of Examiners for Engineers

and Surveyors has determined via letter dated December 20, 1993, that

preparation of a UST system design constitutes practicing engineering under

G.S. 89C.]

(f)  If required by the equipment manufacturer, persons

installing, replacing or repairing UST systems or UST system components must be

trained and certified by the equipment manufacturer or the equipment

manufacturer's authorized representative to install, replace or repair such

equipment.

(g)  UST systems or UST system components shall be

installed, tested, operated, and maintained in accordance with the

manufacturer's specifications and the codes of practice, and industry standards

described at 15A NCAC 02N .0907.

(h)  UST systems or UST system components shall not be

installed or replaced in areas where they will be in contact with contaminated

soil or free product.

(i)  Secondary containment systems shall be designed,

constructed, installed and maintained to:

(1)           Detect the failure of the inner wall and

outer wall for UST system components with double wall construction;

(2)           Contain regulated substances released from

a UST system until they are detected and removed;

(3)           Prevent a release of regulated substances

to the environment outside of the containment system;

(4)           Direct releases to a monitoring point or

points;

(5)           Provide a release detection monitoring

device or monitoring method for the interstitial space;

(6)           Continuously monitor the inner and outer

walls of double-walled tanks for breaches of integrity using pressure, vacuum

or hydrostatic monitoring methods or monitor the interstitial space of

double-walled tanks for releases using an electronic liquid detecting sensor

method along with periodic testing as specified in Rule .0903(f);

(7)           Continuously monitor the inner and outer

walls of double-walled non-tank components for breaches of integrity using

pressure, vacuum, or hydrostatic methods, or monitor a non-tank component for

releases by using an electronic liquid detecting sensor placed in a containment

sump and in the interstitial space of a double-walled spill bucket along with

periodic integrity testing as specified in Rules .0904(h), .0905(f), and

.0906(e); and

(8)           Provide a printed record of release

detection monitoring results and an alarm history for each month.

(j)  Electronic liquid detecting sensors used to monitor the

interstitial space of double-walled tanks and non-tank components shall meet

the following requirements:

(1)           Electronic liquid detecting sensors used

for tanks and spill buckets must be located at the lowest point in the

interstitial space.  Electronic liquid detecting sensors used for containment

sumps must be located as specified in Rule .0905(d).

(2)           A tank must have a method to verify that an

electronic liquid detecting sensor is located at the lowest point of the

interstitial space.  Verification of the sensor location must be available for

inspection.

(3)           Electronic liquid detecting sensors must

detect the presence of any liquid in the interstitial space and must activate

an alarm when any type of liquid is detected.

(4)           Any liquid detected in the interstitial

space must be removed within 48 hours of discovery.

(k)  New or replacement dispensers shall be provided with

under dispenser containment sumps and shall meet the secondary containment

requirements and performance standards of this Rule.

(l)  All release detection monitoring equipment shall be

installed, calibrated, operated and maintained in accordance with

manufacturer's instructions.  All release detection monitoring equipment shall

be checked annually for operability, proper operating condition and proper

calibration in accordance with the manufacturers written guidelines.  The

results of the last annual check must be recorded, maintained at the UST site

or the tank owner or operator's place of business, and made available for

inspection.

(m)  Releases detected in an interstitial space shall be

reported in accordance with Rule .0601 and investigated in accordance with the

manufacturers written guidelines.  Any changes in the original physical

characteristics or integrity of a piping system or a containment sump must also

be reported in accordance with Rule .0601 and investigated in accordance with

the manufacturer's written guidelines.

(n)  UST systems and UST system components shall also meet

all of the installation requirements specified in 40 CFR 280.20(c), (d) and

(e).  In addition, overfill prevention equipment shall be checked annually for

operability, proper operating condition and proper calibration in accordance

with the manufacturer's written guidelines.  The results of the last annual

check must be recorded, maintained at the UST site or the tank owner or

operator's place of business, and made available for inspection.

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(a)(2)(h);

Eff. November 1, 2007;

Amended Eff. February 1, 2010.

 

15A NCAC 02N .0902       NOTIFICATION

(a)  Owners and operators must provide notification of

installation or replacement of an UST system, UST, or connected piping to the

Division in accordance with 15A NCAC 02N .0303. The notice shall also include:

(1)           An UST system design.

(2)           Equipment to be installed including model

and manufacturer and the materials of construction.

(3)           Device or method to be used to allow piping

to be located after it is buried underground.

(4)           A site plan drawn to scale showing the

proposed location of UST systems relative to buildings and other permanent structures,

roadways, utilities, other UST systems, monitoring wells, and water supply

wells used for human consumption within 500 feet.

(5)           A schedule for UST system installation or

replacement.

(b)  Owners and operators must notify the Division at least

48 hours prior to the following stages of construction so that the Division may

perform an inspection of the installation:

(1)           Pre-installation tightness testing of tanks;

and

(2)           Final tightness testing of piping before it

is backfilled.

(c)  Documents showing the following information shall be

submitted to the Division within 30 days after UST system, UST, or connected

piping installation or replacement is completed and shall be maintained at the

UST system site or the owner's or operator's place of business for the life of

the UST system. These records shall be transferred to a new tank owner at the

time of a transfer of tank ownership:

(1)           Certification from the UST system installer

containing:

(A)          The UST system installer's name, address and

telephone number; training and any certification received from the manufacturer

of the equipment that was installed or replaced or the equipment manufacturer's

authorized representative including any certification number;

(B)          An as-built diagram drawn to scale showing: the name

and address of the UST system site; the date of UST system, UST, or connected

piping installation or replacement; the equipment that was installed including

model and manufacturer; the information described at 15A NCAC 02N .0903(b); the

method used to anchor a tank in the ground; if the equipment has single-walled

or double-walled construction; the year the piping was manufactured and any

production code; and the device or method used to allow piping to be located

after it is buried underground. The as-built diagram shall also show the

location of the installed or replaced UST systems relative to: buildings and

other permanent structures, utilities, monitoring wells and other UST systems

located at the site; adjacent roadways; and water supply wells used for human

consumption within 500 feet;

(C)          A listing of the manufacturer's written guidelines,

codes of practice, and industry standards used for installation; and

(D)          A statement that the UST system was installed in

accordance with the design and the manufacturer's specifications.

(2)           Manufacturer warranties;

(3)           Any equipment performance claims; and

(4)           Records of all tightness testing performed.

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(a)(2)(h);

Eff. November 1, 2007.

 

15A NCAC 02N .0903       TANKS

(a)  Tanks must be protected from external corrosion in

accordance with 40 CFR 280.20(a)(1), (2), (3), or (5).

(b)  Owners and operators of tanks installed in accordance

with 40 CFR 280.20(a)(2) shall comply with all applicable requirements for

corrosion protection systems contained in this Subchapter.

(c)  The exterior surface of a tank shall bear a permanent

marking, code stamp, or label showing the following information:

(1)           The engineering standard used;

(2)           The diameter in feet;

(3)           The capacity in gallons;

(4)           The materials of construction of the inner

and outer walls of the tank, including any external or internal coatings;

(5)           Serial number or other unique

identification number designated by the tank manufacturer;

(6)           Date manufactured; and

(7)           Identity of manufacturer.

(d)  Tanks that will be reused shall be certified by the

tank manufacturer prior to re-installation and meet all of the requirements of

this Section.  Tank owners and operators shall submit proof of certification to

the Division along with a notice of intent (Rule .0902).

(e)  Tanks shall be tested before and after installation in

accordance with the following requirements:

(1)           Pre- Installation Test - Before

installation, the primary containment and the interstitial space shall be

tested in accordance with the manufacturers written guidelines and PEI/RP100,

"Recommended Practice for Installation of Underground Liquid Storage

Systems."  PEI/RP100, "Recommended Practice for Installation of

Underground Liquid Storage Systems" is hereby incorporated by reference

including subsequent amendments and editions.  A copy may be obtained from

Petroleum Equipment Institute, P.O. Box 2380, Tulsa, Oklahoma 74101-2380 at a

cost of ninety-five dollars ($95.00).  The presence of soap bubbles or water

droplets during a pressure test, any change in vacuum beyond the limits

specified by the tank manufacturer during a vacuum test, or any change in

liquid level in an interstitial space liquid reservoir beyond the limits

specified by the tank manufacturer, shall be considered a failure of the

integrity of the tank.

(2)           Post-installation Test – The interstitial

space shall be checked for a loss of pressure or vacuum, or a change in liquid

level in an interstitial space liquid reservoir.  Any loss of pressure or

vacuum beyond the limits specified by the tank manufacturer, or a change in

liquid level beyond the limits specified by the tank manufacturer, shall be

considered a failure of the integrity of the tank.

(3)           If a tank fails a pre-installation or

post-installation test, tank installation shall be suspended until the tank is

replaced or repaired in accordance with the manufacturer's specifications. 

Following any repair, the tank shall be re-tested in accordance with

Subparagraph (e)(1) of this Rule if it failed the pre-installation test and in

accordance with Subparagraph (e)(2) of this Rule if it failed the

post-installation test.

(f)  The interstitial spaces of tanks that are not monitored

using vacuum, pressure, or hydrostatic methods shall be tested for tightness

before UST system start-up, between six months and the first anniversary of

start-up, and every three years thereafter.  The interstitial space shall be

tested using an interstitial tank tightness test method that is capable of

detecting a 0.10 gallon per hour leak rate with a probability of detection (Pd)

of at least 95 percent and a probability of false alarm (Pfa) of no more than 5

percent.  The test method shall be evaluated by an independent testing

laboratory, consulting firm, not-for-profit research organization, or

educational institution using the most recent version of the United States

Environmental Protection Agency's (EPA's) "Standard Test Procedures for

Evaluating Leak Detection Methods." EPA's "Standard Test Procedures

for Evaluating Leak Detection Methods" is hereby incorporated by reference

including subsequent amendments and additions.  A copy may be obtained by

visiting EPA's Office of Underground Storage Tank website:  http://www.epa.gov/OUST/pubs/protocol.htm and may be

accessed free of charge.  The independent testing laboratory, consulting firm,

not-for-profit research organization, or educational institution shall certify

that the test method can detect a 0.10 gallon per hour leak rate with a Pd of

at least 95 percent and a Pfa of no more than 5 percent for the specific tank

model being tested.  If a tank fails an interstitial tank tightness test, it

shall be replaced by the owner or operator or repaired by the manufacturer or

the manufacturer's authorized representative in accordance with manufacturer's

specifications.  Tank owners and operators shall report all failed interstitial

tank tightness tests to the Division within 24 hours.  Failed interstitial tank

tightness tests shall be reported by fax to the Division of Waste Management,

Underground Storage Tank Section, at (919) 715-1117.  Following any repair, the

tank interstitial space shall be re-tested for tightness.  The most recent

interstitial tightness test record shall be maintained at the UST site or the

tank owner's or operator's place of business and shall be available for

inspection.

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(a)(2)(h);

Eff. November 1, 2007;

Amended Eff. June 1, 2015; February 1, 2010.

 

15A NCAC 02N .0904       PIPING

(a)  Piping, with the exception of flexible connectors and

piping connections, shall be pre-fabricated with double-walled construction.

Any flexible connectors or piping connections that do not have double-walled

construction shall be installed in containment sumps that meet the requirements

of 15A NCAC 02N .0905.

(b)  Piping shall be constructed of non-corroding materials.

Metal flexible connectors and piping connections shall be installed in

containment sumps that meet the requirements of 15A NCAC 02N .0905.

(c)  Piping shall comply with the UL 971 standard

"Nonmetallic Underground Piping for Flammable Liquids;" that is in

effect at the time the piping is installed.  UL 971 standard "Nonmetallic

Underground Piping for Flammable Liquids" is hereby incorporated by

reference including subsequent amendments and editions.  A copy may be obtained

from Underwriters Laboratories, 333 Pfingsten Road, Northbrook, Illinois

60062-2096 at a cost of four hundred and two dollars ($402.00).

(d)  Piping that is buried underground shall be constructed

with a device or method that allows it to be located once it is installed.

(e)  Piping that conveys regulated substances under pressure

shall also be equipped with an automatic line leak detector that meets the

requirements of 40 CFR 280.44(a).

(f)  At the time of installation, the primary containment

and interstitial space of the piping shall be initially tested, monitored

during construction, and finally tested in accordance with the manufacturers

written guidelines and PEI/RP100, "Recommended Practice for Installation

of Underground Liquid Storage Systems." The presence of soap bubbles or

water droplets or any loss of pressure beyond the limits specified by the

piping manufacturer during testing shall be considered a failure of the

integrity of the piping. If the piping fails a tightness test, it shall be

replaced by the owner or operator or repaired by the manufacturer or the manufacturer's

authorized representative in accordance with the manufacturer's written

specifications. Following any repair, the piping shall be re-tested for

tightness in accordance with the manufacturers written guidelines and

PEI/RP100, "Recommended Practice for Installation of Underground Liquid

Storage Systems."

(g)  Piping that is not monitored continuously for releases

using vacuum, pressure, or hydrostatic methods, shall be tested for tightness

every three years following installation. The primary containment and

interstitial space of the piping shall be tested in accordance with the

manufacturers written guidelines and PEI/RP100 "Recommended Practice for

Installation of Underground Liquid Storage Systems." If the piping fails a

tightness test, it shall be replaced or repaired by the manufacturer or the

manufacturer's authorized representative in accordance with the manufacturer's

specifications. Following any repair, the piping shall be re-tested for

tightness. The most recent periodic tightness test record shall be maintained

at the UST site or the tank owner or operator's place of business and shall be

available for inspection.

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(a)(2)(h);

Eff. November 1, 2007;

Amended Eff. June 1, 2015.

 

15A NcAC 02N .0905       CONTAINMENT SUMPS

(a)  Containment sumps must be constructed of non-corroding

materials.

(b)  Containment sumps must be designed and manufactured

expressly for the purpose of containing and detecting a release.

(c)  Containment sumps must be designed, constructed,

installed and maintained to prevent water infiltration.

(d)  Electronic sensor probes used for release detection

monitoring must be located no more than two inches above the lowest point of

the containment sump.

(e)  At installation, containment sumps shall be tested for

tightness after construction, but before backfilling. Tightness testing shall

be conducted in accordance with the manufacturers written guidelines and

PEI/RP100, "Recommended Practice for Installation of Underground Liquid

Storage Systems."  Any change in water level shall be considered a failure

of the integrity of the sump. Other tightness test methods may be used if they

are approved by the Division. In approving a containment sump tightness testing

method the Division shall consider the following factors:

(1)           The inner surface of the sump is tested to

at least six inches above the highest joint or penetration fitting, whichever

is higher; and

(2)           The method is capable of detecting a

fracture, perforation or gap in the sump within the specified test period.

(f)  If a containment sump fails an installation tightness

test, the sump must be replaced or repaired by the manufacturer or the

manufacturer's authorized representative in accordance with the manufacturer's

specifications. Following replacement or repair, the containment sump must be

re-tested for tightness in accordance with Paragraph (e) of this Rule.

Containment sumps that are not monitored continuously for

releases using vacuum, pressure or hydrostatic interstitial monitoring methods

shall be tested for tightness every three years following installation in

accordance with the manufacturers written guidelines and PEI/RP100, "Recommended

Practice for Installation of Underground Liquid Storage Systems."  If a

containment sump fails a periodic tightness test, the sump must be replaced or

repaired by the manufacturer or the manufacturer's authorized representative in

accordance with the manufacturer's specifications. Following replacement or

repair, the containment sump must be re-tested for tightness in accordance with

Paragraph (e) of this Rule. The last periodic tightness test record must be

maintained at the UST site or the tank owner or operator's place of business

and must be readily available for inspection.

(g)  All containment sumps shall be visually inspected at

least annually for the presence of water or regulated substance. Any water or

regulated substance must be removed from the sump within 48 hours of discovery.

The visual inspection results must be documented and must be maintained for at

least one year at the UST site or the tank owner's or operator's place of

business and must be readily available for inspection.

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(2)(h);

Eff. November 1, 2007.

 

15A NCAC 02N .0906       SPILL BUCKETS

(a)  Spill buckets shall be pre-fabricated with

double-walled construction.

(b)  Spill buckets must be protected from corrosion by being

constructed of non-corroding materials.

(c)  Spill buckets must be designed, constructed, installed

and maintained to prevent water infiltration.

(d)  After installation but before backfilling, the primary

containment and interstitial space of the spill bucket shall be tested in

accordance with the manufacturers written guidelines and PEI/RP100,

"Recommended Practice for Installation of Underground Liquid Storage

Systems."  Any change in vacuum during a vacuum test or any change in

liquid level in an interstitial space liquid reservoir beyond the limits

specified by the equipment manufacturer shall be considered a failure of the

integrity of the spill bucket. If the spill bucket fails a tightness test, it

must be replaced or repaired by the manufacturer or the manufacturer's

authorized representative in accordance with the manufacturer's specifications.

 Following any repair, the spill bucket must be re-tested for tightness in

accordance with the manufacturers' written guidelines and PEI/RP100,

"Recommended Practice for Installation of Underground Liquid Storage

Systems."

(e)  Spill buckets that are not monitored continuously for

releases using vacuum, pressure or hydrostatic methods, must be tested for

tightness every three years following installation.  The primary containment

and interstitial space of the spill bucket shall be tested in accordance with

the manufacturers' written guidelines and PEI/RP100 "Recommended Practice

for Installation of Underground Liquid Storage Systems."  If the spill

bucket fails a tightness test, it must be replaced or repaired by the

manufacturer or the manufacturer's authorized representative in accordance with

the manufacturer's specifications.  Following any repair, the spill bucket must

be re-tested for tightness.  The last periodic tightness test record must be

maintained at the UST site or the tank owner or operator's place of business

and must be readily available for inspection.

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(2)(h);

Eff. November 1, 2007.

 

15A NCAC 02N .0907       NATIONAL CODES OF PRACTICE AND INDUSTRY

STANDARDS

In order to comply with this Section, owners and operators

must comply with either of the following standards:

(1)           The most recent versions of the following national

codes of practice and industry standards applicable at the time of UST system

installation or replacement shall be used to comply with this Section.

(a)           American Concrete Institute (ACI)

International 224R-89, "Control of Cracking in Concrete Structures." 

ACI International 224R-89, "Control of Cracking in Concrete Structures"

is hereby incorporated by reference including subsequent amendments and

editions.  A copy may be obtained from ACI International, P.O. Box 9094, Farmington Hills, Michigan 48333-9094 at a cost of sixty-seven dollars and fifty cents ($67.50).



(b)           ACI International 350-06, "Environmental

Engineering Concrete Structures."  ACI International 350-06, "Environmental

Engineering Concrete Structures" is hereby incorporated by reference

including subsequent amendments and editions.  A copy may be obtained from ACI

International, P.O. Box 9094, Farmington Hills, Michigan 48333-9094 at a cost

of one hundred sixty-six dollars and fifty cents ($166.50).

(c)           American Petroleum Institute (API) Standard

570, "Piping Inspection Code: Inspection Repair, Alteration and Re-rating

of In-Service Piping Systems."  API Standard 570, "Piping Inspection

Code: Inspection Repair, Alteration and Re-rating of In-Service Piping Systems"

is hereby incorporated by reference including subsequent amendments and

editions.  A copy may be obtained from API Publications, 15 Inverness Way East,

M/S C303B, Englewood, Colorado 80112-5776 at a cost of one hundred eight

dollars ($108.00).

(d)           API Recommended Practice 1110, "Recommended

Practice for the Pressure Testing of Liquid Petroleum Pipelines."  API

Recommended Practice 1110, "Recommended Practice for the Pressure Testing

of Liquid Petroleum Pipelines" is hereby incorporated by reference

including subsequent amendments and editions.  A copy may be obtained from API

Publications, 15 Inverness Way East, M/S C303B, Englewood, Colorado 80112-5776 at a cost of fifty-five dollars ($55.00).

(e)           API Recommended Practice 1615, "Installation

of Underground Petroleum Storage Systems."  API Recommended Practice 1615,

"Installation of Underground Petroleum Storage Systems" is hereby

incorporated by reference including subsequent amendments and editions.  A copy

may be obtained from API Publications, 15 Inverness Way East, M/S C303B, Englewood, Colorado 80112-5776 at a cost of one hundred eight dollars ($108.00).

(f)            API Recommended Practice 1621, "Bulk

Liquid Stock Control at Retail Outlets." API Recommended Practice 1621, "Bulk

Liquid Stock Control at Retail Outlets" is hereby incorporated by

reference including subsequent amendments and editions.  A copy may be obtained

from API Publications, 15 Inverness Way East, M/S C303B, Englewood, Colorado 80112-5776 at a cost of seventy-three dollars ($73.00).

(g)           API Recommended Practice 1631, "Interior

Lining of Underground Storage Tanks."  API Recommended Practice 1631, "Interior

Lining of Underground Storage Tanks" is hereby incorporated by reference

including subsequent amendments and editions.  A copy may be obtained from API

Publications, 15 Inverness Way East, M/S C303B, Englewood, Colorado 80112-5776 at a cost of seventy-six dollars ($76.00).

(h)           API Recommended Practice 1637, "Using

the API Color Symbol System to Mark Equipment and Vehicles for Product

Identification at Service Stations and Distribution Terminals."  API

Recommended Practice 1637, "Using the API Color Symbol System to Mark

Equipment and Vehicles for Product Identification at Service Stations and

Distribution Terminals" is hereby incorporated by reference including

subsequent amendments and editions.  A copy may be obtained from API

Publications, 15 Inverness Way East, M/S C303B, Englewood, Colorado 80112-5776 at a cost of fifty-nine dollars ($59.00).

(i)            American Society of Mechanical Engineers

(ASME) International: B31.4-2006, "2006 Pipeline Transportation Systems

for Liquid Hydrocarbons and other Liquids."  ASME International:

B31.4-2006, "2006 Pipeline Transportation Systems for Liquid Hydrocarbons

and other Liquids" is hereby incorporated by reference including

subsequent amendments and editions.  A copy may be obtained from ASME, 22 Law Drive, Box 2900, Fairfield, NJ 07007-2900 at a cost of one hundred twenty-nine dollars

($129.00).

(j)            National Fire Protection Association (NFPA)

30, "Flammable and Combustible Liquids Code."  NFPA 30, "Flammable

and Combustible Liquids Code" is hereby incorporated by reference

including subsequent amendments and editions.  A copy may be obtained from

National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471 at a cost of forty-two dollars and fifty cents ($42.50).

(k)           NFPA 30A, "Automotive and Marine

Service Station Code." NFPA 30A, "Automotive and Marine Service

Station Code" is hereby incorporated by reference including subsequent

amendments and editions.  A copy may be obtained from National Fire Protection

Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471 at a cost of

thirty-three dollars and fifty cents ($33.50).

(l)            NFPA 329, "Handling Underground

Releases of Flammable and Combustible Liquids."  NFPA 329, "Handling

Underground Releases of Flammable and Combustible Liquids" is hereby

incorporated by reference including subsequent amendments and editions.  A copy

may be obtained from National Fire Protection Association, 1 Batterymarch Park,

Quincy, Massachusetts 02169-7471 at a cost of thirty-three dollars and fifty

cents ($33.50).

(m)          PEI: PEI/RP100, "Recommended Practice

for Installation of Underground Liquid Storage Systems."

(n)           Steel Tank Institute (STI) ACT 100 F894, "Specifications

for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks."

Steel Tank Institute (STI) ACT 100 F894, "Specifications for External

Corrosion Protection of FRP Composite Steel Underground Storage Tanks" is

hereby incorporated by reference including subsequent amendments and editions. 

A copy may be obtained from Steel Tank Institute, 570 Oakwood Road, Lake Zurich , Illinois 60047 at a cost of fifty dollars ($50.00).

(o)           STI ACT 100-U F961, "Specifications for

External Corrosion Protection of Composite Steel Underground Storage Tanks."

STI ACT 100-U F961, "Specifications for External Corrosion Protection of

Composite Steel Underground Storage Tanks" is hereby incorporated by reference

including subsequent amendments and editions.  A copy may be obtained from

Steel Tank Institute, 570 Oakwood Road, Lake Zurich, Illinois 60047 at a cost of fifty dollars ($50.00).

(p)           STI 922, "Specifications for Permatank." 

STI 922, "Specifications for Permatank" is hereby incorporated by

reference including subsequent amendments and editions.  A copy may be obtained

from Steel Tank Institute, 570 Oakwood Road, Lake Zurich, Illinois 60047 at a cost of fifty dollars ($50.00).

(q)           Underwriters UL 58, "Steel Underground

tanks for Flammable and Combustible Liquids." UL 58, "Steel

Underground tanks for Flammable and Combustible Liquids" is hereby

incorporated by reference including subsequent amendments and editions.  A copy

may be obtained from Underwriters Laboratories, 333 Pfingsten Road, Northbrook, Illinois 60062-2096 at a cost of four hundred forty-five dollars ($445.00).

(r)            UL 567, "Pipe Connectors for Petroleum

Products and LP Gas."  UL 567, "Pipe Connectors for Petroleum

Products and LP Gas" is hereby incorporated by reference including

subsequent amendments and editions.  A copy may be obtained from Underwriters

Laboratories, 333 Pfingsten Road, Northbrook, Illinois 60062-2096 at a cost of eight

hundred eighty-five dollars ($885.00).

(s)            UL 971, "Nonmetallic Underground

Piping for Flammable Liquids;"

(t)            UL 1316, "Glass-Fiber-Reinforced

Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and

Alcohol-Gasoline Mixtures."  UL 1316, "Glass-Fiber-Reinforced Plastic

Underground Storage Tanks for Petroleum Products, Alcohols, and

Alcohol-Gasoline Mixtures" is hereby incorporated by reference including

subsequent amendments and editions.  A copy may be obtained from Underwriters

Laboratories, 333 Pfingsten Road, Northbrook, Illinois 60062-2096 at a cost of four

hundred forty-five dollars ($445.00); or

(u)           UL 1746, "External Corrosion Protection

Systems for Steel Underground Storage Tanks."  UL 1746, "External

Corrosion Protection Systems for Steel Underground Storage Tanks" is

hereby incorporated by reference including subsequent amendments and editions. 

A copy may be obtained from Underwriters Laboratories, 333 Pfingsten Road,

Northbrook, Illinois 60062-2096 at a cost of eight hundred eighty-five dollars

($885.00); or

(2)           Other appropriate codes or standards applicable at

the time of UST system installation or replacement may be used provided they

are developed by ACI, American National Standards Institute (ANSI), API, ASME,

ASTM, NFPA, PEI, STI and UL.

 

History Note:        Authority G.S. 143-215.3(a)(15);

143B-282(a)(2)(h);

Eff. November 1, 2007.