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.