NC Session Law 2015-241 Section 14.16B requires the amendment of rules that directed the owner or operator of a noncommercial UST to immediately respond to any release by trying to recover all accessible contamination. The Session Law directs the DEQ to classify the risk posed by a noncommercial UST discharge before the UST owner or operator is required to perform any cleanup actions.

NC Session Law 2017-57 Section 13.19.(a) requires the adoption of temporary rules to define the Department’s application of the requirements from SL 2015-241 until such time as permanent rulemaking is completed (scheduled to coincide with the G.S. 150B-21.3A periodic rule review and readoption process currently underway for Title 15A NCAC 2L, per the Title 26 NCAC 05 .0211 calendar). The proposed temporary rule amendments to 15A NCAC 2L Section .0404, .0405, .0406, .0408, and .0409 are consistent with the requirements in SL 2015-241.

The temporary rules will enable the Department to evaluate the risk posed by the release of petroleum from noncommercial USTs as either high risk or low risk based on factors commonly related to noncommercial tank contents and use, prior to requiring any remedial response.

The proposed temporary rule amendments to 15A NCAC 2L Section .0404, .0405, .0406, .0408, and .0409 can be found at the link below.

Proposed Temporary Rule Amendments in 15A NCAC 2L Section .0400