§282.83. North Carolina State-Administered Program.
40 C.F.R. § 282.83
History of the approval of North Carolina's program. The State of North Carolina (State) is approved to administer and enforce an underground storage tank (UST) program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's Underground Storage Tank Program (UST Program), as administered by the North Carolina Department of Environmental Quality (DEQ), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the North Carolina UST Program on June 15, 2001, and it was effective on August 14, 2001. A subsequent program revision was approved by EPA and became effective December 2, 2024.
Enforcement authority. North Carolina has primary responsibility for administering and enforcing its federally approved UST Program. However, EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, as well as under any other applicable statutory and regulatory provisions.
Retention of program approval. To retain program approval, North Carolina must revise its approved UST Program to adopt new changes to the Federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If North Carolina obtains approval for revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.
Final approval. North Carolina has final approval for the following elements of its UST Program submitted to EPA and approved effective August 14, 2001, and the program revisions approved by EPA effective on December 2, 2024.
State statutes and regulations—
Incorporation by reference. The North Carolina materials cited in this paragraph (d)(1)(i), and listed in appendix A to this part, are incorporated by reference as part of the UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See § 282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the North Carolina statutes and regulations that are incorporated by reference in this paragraph (d)(1)(i) from the North Carolina Department of Environmental Quality, 217 West Jones Street, Raleigh, North Carolina 27603 (physical address); 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 (mailing address); Phone number: (919) 707-8200; website: https://www.deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/underground-storage-tanks-rules.
“North Carolina Statutory Requirements Applicable to the Underground Storage Tank Program,” dated August 15, 2024.
“North Carolina Regulatory Requirements Applicable to the Underground Storage Tank Program,” dated August 15, 2024.
Legal basis. EPA considered the following statutes and regulations which provide the legal basis for the State's implementation of the UST Program, but do not replace Federal authorities. Further, these provisions are not being incorporated by reference, unless the provisions place requirements on regulated entities.
General Statutes of North Carolina, Chapter 132—Public Records (2018). Sections 132-1 through132-1.14, insofar as these provisions provide for information sharing with EPA and the State's Public Records laws.
General Statutes of North Carolina, Chapter 143; Article 21, Part 1. Organization and Powers Generally; Control of Pollution (2018). (1) Section 143-215.2, insofar as it provides for enforcement response, issuance of orders, injunctive relief, public notice and review of orders, proceedings before the North Carolina Environmental Management Commission (Commission), and procedures to contest orders.
(2) Section 143-215.3(a), insofar as it provides additional general authorities to the Commission pertaining to the State UST Program.
(3) Section 143-215.3(b), insofar as it provides for compliance monitoring and establishes authority to conduct research, investigations, and requires cooperation from other State departments.
(4) Section 143-215.3(c), insofar as it provides authority to participate in Federal programs.
(5) Section 143-215.3(d), insofar as it establishes procedures for consulting with other States on regulations.
(6) Section 143-215.3(f), insofar as it provides enforcement response and establishes authorities for groundwater corrective action.
(7) Section 143-215.6A, insofar as it provides for enforcement response, assessment of penalties, and procedures for contesting penalties.
General Statutes of North Carolina, Chapter 143; Article 21A, Part 1. General Provisions (2018). Section 143-215.79, insofar as it provides for compliance monitoring and establishes authority for inspections and the right to enter property to conduct inspections.
General Statutes of North Carolina, Chapter 143; Article 21A, Part 2A. Leaking Petroleum UST Tank Cleanup (2018). (1) Section 143-215.94F, insofar as it provides for enforcement response and establishes a limitation of liability.
(2) Section 143-215.94J, insofar as it provides for enforcement response and establishes a limitation of liability for the State.
(3) Section 143-215.94K, insofar as it provides for enforcement response, civil penalties, criminal penalties, and injunctive relief.
(4) Section 143-215.94L, insofar as it establishes authority to adopt regulations necessary to implement the State UST Program.
General Statutes of North Carolina, Chapter 143; Article 21A, Part 2B. UST Regulation (2018). (1) Section 143-215.94T, insofar as it provides for compliance monitoring, and the promulgation of regulations for the implementation of the State UST Program.
(2) Section 143-215.94U, insofar as it provides for delivery prohibition and enforcement of the State UST Program.
(3) Section 143-215.94V(b) through (h), insofar as these provisions provide for enforcement response and establish authorities for corrective action.
(4) Section 143-215.94W, insofar as it provides for enforcement response and civil penalties.
(5) Section 143-215.94X, insofar as it provides for enforcement response and criminal penalties.
(6) Section 143-215.94Y, insofar as it provides for enforcement response and injunctive relief.
General Statutes of North Carolina, Chapter 143; Article 21A, Part 2D. Training of UST Operators (2018). Section 143-215.94TT, insofar as it provides for enforcement response, civil penalties, criminal penalties, and injunctive relief.
General Statutes of North Carolina, Chapter 143B; Article 7, Part 4. Environmental Management Commission (2018). Section 143B-282, insofar as it creates the Environmental Management Commission and provides the Commission with the powers and duty to promulgate rules pertaining to the State UST Program.
General Statutes of North Carolina, Chapter 150B—Administrative Procedure Act (2024). Section 150B-23, insofar as it provides for public intervention and procedures for administrative hearings.
North Carolina Administrative Code, Title 15A, Chapter 2, Subchapter 2N (2023). (1) 15A N.C.A.C. 02N .0101(b), insofar as it provides authority to administer the State UST Program.
(2) 15A N.C.A.C. 02N .0405, insofar as it provides for compliance monitoring and establishes authority to conduct inspections, tests, and obtain information from owners.
Rule 24(a)(2) of the North Carolina Rules of Civil Procedure (2024),— insofar as it provides for citizen intervention and public participation in the State enforcement process.
Other provisions not incorporated by reference. The following statutory and regulatory provisions applicable to the North Carolina UST Program are broader in scope than the Federal program or external to the State UST program approval requirements. Therefore, these provisions are not part of the approved UST Program and are not incorporated by reference in this section:
General Statutes of North Carolina, Chapter 143; Article 21, Part 1. Organization and Powers Generally; Control of Pollution (2018). Section 143-215.3(e) is broader in scope insofar as it provides for the granting of variances which are not available to UST owners and operators as these terms are defined in 40 CFR 280.12.
General Statutes of North Carolina, Chapter 143; Article 21A, Part 2A. Leaking Petroleum UST Tank Cleanup (2018). (1) Section 143-215.94A(2)c. is broader in scope as to the definition of “Commercial underground storage tank,” insofar as it includes certain heating oil tanks and connected piping that are excluded by the Federal program.
(2) Section 143-215.94B is broader in scope insofar as it provides for the creation of the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund (State Fund) and criteria for the expenditure of funds.
(3) Section 143-215.94C is broader in scope insofar as it requires owners and operators to pay an annual operating fee to the State Fund.
(4) Sections 143-215.94E(b) through (k) are broader in scope insofar as these provisions relate to the State Fund.
(5) Section 143-215.94G is broader in scope insofar as it provides for DEQ to perform cleanups and provides for reimbursement from the State Fund.
(6) Section 143-215.94M is external insofar as it contains reporting obligations on the State agency, not a regulated entity.
(7) Section 143-215.94N is broader in scope insofar as it relates to the State Fund.
(8) Section 143-215.94P is broader in scope insofar as it provides for the creation of the Groundwater Protection Loan Fund and promulgation of regulations regarding such fund.
General Statutes of North Carolina, Chapter 143; Article 21A; Part 2B. UST Regulation (2018). Section 143-215.94V(a) is external insofar as it pertains to legislative findings and intent.
General Statutes of North Carolina, Chapter 143; Article 21A, Part 2D. Training of UST Operators (2018). Section 143-215.94OO(4) is broader in scope as to the definition of “Underground storage tank system” or “tank system,” insofar as it includes dispensers as part of the system.
General Statutes of North Carolina, Chapter 143B; Article 7, Part 4. Environmental Management Commission (2018). (1) Section 143B-279.9 is broader in scope insofar as it regulates releases from sources that are not underground storage tanks and entities that are not owners and operators as these terms are defined in 40 CFR 280.12.
(2) Section 143B-279.11 is broader in scope insofar as it regulates releases from sources that are not underground storage tanks and entities that are not owners and operators as these terms are defined in 40 CFR 280.12.
North Carolina Administrative Code, Title 15A—Environmental Quality; Chapter 2, Environmental Management; Subchapter 2L, Groundwater Classification and Standards (2023). (1) 15A N.C.A.C. 02L .0100, including .0101 through .0115, is broader in scope insofar as it provides general considerations for groundwater classification and standards.
(2) 15A N.C.A.C. 02L .0200, including .0201 through .0202, is broader in scope insofar as it establishes underground water classifications and quality standards.
(3) 15A N.C.A.C. 02L .0300, including .0310 through .0319, is broader in scope insofar as it assigns underground water classifications.
(4) 15A N.C.A.C. 02L .0403 is broader in scope insofar as it defines a “responsible party” to include persons other than owners and operators as these terms are defined in 40 CFR 280.12.
(5) 15A N.C.A.C 02L .0410 is external insofar as it contains reporting obligations on the State agency, not a regulated entity.
(6) 15A N.C.A.C. 02L .0414 is external insofar as it regulates entities other than owners or operators as these terms are defined in 40 CFR 280.12.
(7) 15A N.C.A.C. 02L .0415 is broader in scope insofar as it regulates releases from sources other than underground storage tank systems.
(8) 15A N.C.A.C. 02L .0500, including .0501 through .0515, is broader in scope insofar as it regulates aboveground storage tanks and sources.
North Carolina Administrative Code, Title 15A—Environmental Quality; Chapter 2, Environmental Management; Subchapter 2N, Underground Storage Tanks (2023). (1) 15A N.C.A.C. 02N .0201(1) is broader in scope insofar as it regulates underground storage tanks containing de minimis concentrations of regulated substances.
(2) 15A N.C.A.C. 02N .0203(a)(1) is broader in scope as to the definition of “UST system” or “Tank system,” insofar as they include dispensers as part of the system.
(3) 15A N.C.A.C. 02N .0504(c) is broader in scope insofar as it relates to the permitting of monitoring wells.
(4) 15A N.C.A.C. 02N .0802 is broader in scope insofar as it regulates underground storage tanks containing de minimis amounts of regulated substances.
(5) 15A N.C.A.C. 02N .0901(d) is broader in scope insofar as it requires dispensers to have more than under-dispenser containment.
(6) Note to paragraph (e) of Section 15A N.C.A.C. 02N .0901 is external insofar as it regulates entities other than owners or operators as these terms are defined in 40 CFR 280.12.
North Carolina Administrative Code, Title 15A—Environmental Quality; Chapter 2, Environmental Management; Subchapter 2P, Leaking Petroleum Underground Storage Tank Cleanup Funds (2023). 15A N.C.A.C. 02P, including .0101 through .0408, except .0302, insofar as these provisions relate to the State Fund and the collection of annual operating fees.
(2) Statement of legal authority. The Attorney General's Statement, signed by independent legal counsel for the State on behalf of the North Carolina Attorney General on October 11, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Adequate Enforcement Procedures” submitted in the application dated October 22, 2018, as amended on February 22, 2023, May 4, 2023, and June 24, 2024, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program description. The program description submitted in the application dated October 22, 2018, as amended on February 22, 2023, May 4, 2023, and June 24, 2024, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 4 and the DEQ, signed by the EPA Regional Administrator on October 12, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
Notes, amendments, and revision history
Amendments
[89 FR 79760, Oct. 1, 2024, as amended at 89 FR 92075, Nov. 21, 2024]
Authority
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Source
Source: 58 FR 58625, Nov. 2, 1993, unless otherwise noted.
Amendments
[89 FR 79760, Oct. 1, 2024, as amended at 89 FR 92075, Nov. 21, 2024]