North Carolina § 143-215 - 94T. Adoption and implementation of regulatory program.

§ 143-215. 94T. Adoption and implementation of regulatory program.

The Commission shall adopt, and the Department shall implement and enforce, rules relating to underground storage tanks as provided by G.S. 143-215.3(a)(15) and G.S. 143B-282(a)(2)h. These rules shall include standards and requirements applicable to both existing and new underground storage tanks and tank systems, may include different standards and requirements based on tank capacity, tank location, tank age, and other relevant factors, and shall include, at a minimum, standards and requirements for: Design, construction, and installation, including monitoring systems. Notification to the Department, inspection, and registration. Recordation of tank location. Modification, retrofitting, and upgrading. General operating requirements. Release detection. Release reporting, investigation, and confirmation. Corrective action. Repair. Closure. Financial responsibility. Tank tightness testing procedures and certification of persons who conduct tank tightness tests. Secondary containment for all components of petroleum underground storage tank systems. Rules adopted pursuant to subsection (a) of this section that apply only to commercial underground storage tanks shall not apply to any: Farm or residential underground storage tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes. Underground storage tank of 1,100 gallons or less capacity used for storing heating oil for consumptive use on the premises where stored. Underground storage tank of more than 1,100 gallon capacity used for storing heating oil for consumptive use on the premises where stored by four or fewer households. Rules adopted pursuant to subdivision (13) of subsection (a) of this section shall require secondary containment for all components of underground storage tank systems, including, but not limited to, tanks, piping, fittings, pump heads, and dispensers. Secondary containment requirements shall include standards for double wall tanks, piping, and fittings and for sump containment for pump heads and dispensers. The rules shall provide for monitoring of double wall interstices and sump containments. The rules shall apply to any underground storage tank system that is installed on or after the date on which the rules become effective and to the replacement of any component of an underground storage tank system on or after that date. This section shall not be construed to limit the right of an owner or operator to repair any existing component of an underground storage tank system. If an existing underground storage tank is replaced, the secondary containment and interstitial monitoring requirements shall apply only to the replaced underground tank. Likewise, if existing piping is replaced, the secondary containment and interstitial monitoring requirements shall apply only to the replaced piping. The Department shall allow non-tank metallic components that are unprotected from corrosion, including flex connectors and other metal fittings and connectors at the ends of piping runs, to have corrosion protection added as an alternative to replacement of these components if the component does not have visible corrosion and passes a tightness test. History (1989, c. 652, s. 14; 1998-161, s. 10; 1999-328, s. 4.12; 2003-352, s. 8; 2008-195, s. 5; 2009-570, s. 20; 2011-394, s. 11.4.) Editor's Note. - Session Laws 1999-328, s. 5.1, provides that this act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Every State agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated or available to that agency. Session Laws 2008-195, s. 5, amended this section in the coded bill drafting format provided by G.S. 120-20.1 . In subsection (c), the word "for" was added by Session Laws 2008-195, but was not underlined per code drafting guidelines. Session Laws 2009-570, s. 20 corrected the oversight. Session Laws 2011-394, s. 11.4, which amended subsection (c) and added subsection (d), is applicable to discharges or releases reported on or after July 1, 2011. Session Laws 2011-394, s. 11.6(a)-(c), as amended by Session Laws 2013-413, s. 36, provides: "(a) Notwithstanding 15A NCAC 02N.0304(a)(5) (Implementation Schedule for Performance Standards for New UST Systems and Upgrading Requirements for Existing UST Systems Located in Areas Defined in Rule.0301(d)), all UST systems installed after January 1, 1991, and prior to April 1, 2001, shall not be required to provide secondary containment until January 1, 2020. "(b) Notwithstanding 15A NCAC 02N.0304(a)(5) (Implementation Schedule for Performance Standards for New UST Systems and Upgrading Requirements for Existing UST Systems Located in Areas Defined in Rule.0301(d)), the Commission shall establish a process for the grant of variances from the setbacks required for UST systems from certain public water supply wells, particularly those that serve only a single facility which are not community water systems, if the Commission finds facts to demonstrate that such variance will not endanger human health and welfare or groundwater. "(c) No later than January 1, 2014, the Environmental Management Commission shall adopt rules consistent with the provisions of Section 11.6(a) and Section 11.6(b) of this act. Notwithstanding G.S. 150B-19(4) , the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 11.6(a) and Section 11.6(b) of this act." Session Laws 2011-394, s. 11.7(a), (b), provides: "(a) Notwithstanding subsection (a) of 15A NCAC 02N.0903 (Underground Storage Tanks: Tanks), from the effective date of this act the Department of Environment and Natural Resources shall not prohibit the use of tanks that are constructed of steel and cathodically protected as provided in 40 Code of Federal Regulations § 280.20(a)(2) (July 1, 2010 Edition) in order to meet the external corrosion protection standards of that rule. "(b) No later than January 1, 2014, the Environmental Management Commission shall adopt rules consistent with the provisions of Section 11.7(a) of this act. Notwithstanding G.S. 150B-19(4) , the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 11.7(a) of this act." Effect of Amendments. - Session Laws 2008-195, s. 5, effective August 8, 2008, substituted "G.S. 143B-282(a)(2)h" for "G.S. 143B-282(2)h" in the introductory language of subsection (a); substituted "all" for "nontank" in subdivision (a)(13); and in subsection (c), deleted "nontank" preceding "components" in the first sentence, and "component" in the last sentence, substituted "including, but not limited to, tanks, piping" for "including all piping and," inserted "tanks" following "standards for double wall," and deleted "monthly" preceding "monitoring of double wall." Session Laws 2009-570, s. 20, effective August 28, 2009, inserted "for" preceding "sump containment" in the second sentence of subsection (c). Session Laws 2011-394, s. 11.4, effective July 1, 2011, and applicable to discharges or releases reported on or after that date, added the last three sentences in subsection (c); and added subsection (d). Legal Periodicals. - For legislative survey, see 21 Campbell L. Rev. 323 (1999).