What's New

4/17/2023

6.065 Corrective Action Feasibility Meetings and Report:  This SOW consists of two meetings with the RP, ESP, and UST Section to discuss the remedial strategy recommended in the CSA (other than monitored natural attenuation or limited soil removal not resulting in a Corrective Action Design). After the first meeting (if a chosen strategy is agreed) a pre-approval for the pilot test should be submitted. The results from the pilot test should be reported to the Section as a Feasibility Study Report (as outlined on page 95 of the Comprehensive Appendices for Corrective action Guidelines (appendices). This report is included in the SOW for this task and can be found through the link below.

https://deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/ust-guidance-documents 

The second meeting, included in the SOW for this task, will be held to discuss the results of the Feasibility Study Report with the RP, ESP and UST Section. A Notice of Regulatory Requirements for the chosen Corrective Action Plan Design will follow this meeting.  

NOTE: If the pilot test does not prove that the proposed remedy is viable, the consultant/RP is responsible for discussing alternatives with the regional office before preparing the Feasibility Study Report. This task should only be used to report the results of the successful pilot test. 

2/10/2023

SEEKING PUBLIC COMMENT - (Draft) Guidelines for Ex Situ Petroleum Contaminated Soil Remediation

The following link provides access to the proposed update to the UST Section’s Guidelines for Ex Situ Petroleum Contaminated Soil Remediation.

• Ex Situ Petroleum Contaminated Soil Remediation

This draft version is being made available until March 10, 2023 for public comment before the final version of the Guidelines document is published.  Please note that even after the comment period ends and formal publication of the new Guidelines is complete, the UST Section will always continue to welcome comments and recommendations to better improve its services. The Section will include any necessary changes to the document discovered after the comment period has ended in any future incremental revisions to the Guidelines.

Please send all comments to Shawn McKee by email at shawn.mckee@ncdenr.gov, by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

April 2022

2022 Reasonable Rate Document updates
The 2022 update to the 2020 Reasonable Rate document (RRD) and claim documents have been published, and can be found on the Reasonable Rates Documents webpage and under What’s New. These documents and/or rates went into effect April 1, 2022. Please see the included errata for additional changes made to the AFVE and MMPE task codes. Any pre-approved task issued prior to April 1, 2022, will be approved under the 2020 RRD unless it is one of the updated tasks. Previously approved tasks after April 1, 2021, that HAVE NOT been started may request a new ePATA under the 2022 updates except for reports.  Please review the documents; any errors that are found please contact Scott Ryals at Scott.Ryals@ncdenr.gov and Wayne Randolph at Wayne.Randolph@ncdenr.gov. Please download and use the new ePATA form immediately.

1/19/2022

Updated the FAQ for the secondary containment performance standards of UST systems and equipment installed on or after 11/1/2007.

1/12/2022

SEEKING PUBLIC COMMENT -  (Draft) Guidelines for Sampling, Change 4

The following link provides access to a proposed update to the UST Section’s Guidelines for Sampling.

• Guidelines for Sampling, Change 4

This draft version is being made available until February 25, 2022 for public comment before the final version of the Guidelines document is published.  Please note that even after the comment period ends and formal publication of the new Guidelines is complete, the UST Section will always continue to welcome comments and recommendations to better improve its services. The Section will include any necessary changes to the document discovered after the comment period has ended in any future incremental revisions to the Guidelines.

Please send all comments to Shawn McKee by email at shawn.mckee@ncdenr.gov, by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

7/8/2021
Soil Remediation Permits Prohibited from Accepting Per- and poly-fluoroalkyl substances (PFAS)

Per- and poly-fluoroalkyl substances (PFAS) are not permitted under any circumstance to be treated or disposed under Underground Storage Tank treatment or disposal soil permits.

Per- and poly-fluoroalkyl substances (PFAS) may be co-mingled with petroleum contaminants and can be derived from certain firefighting foam products or other sources.

If fire-fighting foam is comingled with petroleum contaminated soil or suspected to be comingled with petroleum-contaminated soil, PFAS will be assumed to be present and analysis is required to prove its absence before acceptance.

5/26/2021
Exciting news from the Trust Fund eligibility program -- we will soon be accepting eligibility applications electronically! The email address to submit the application is ncTrustFundEligApp@ncdenr.gov. Other than the new submittal avenue, all other requirements for completing an application remain the same. It is expected that this will take some time for all stakeholders choosing to submit their application electronically to make the switch. Electronic submittals will be accepted beginning June 15, 2021. However, if you are not able to submit or do not wish to submit an application electronically, ie. via email, you can continue to submit a paper application. Mail the application to the following address: NCDEQ, UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646, Attention: Trust Fund Eligibility.

5/17/2021
Guidelines for Site Checks, Tank Closure, Initial Response and Abatement, Petroleum and Hazardous Substance UST Releases, Petroleum Non-UST Releases, Change 11
Updates to Page 9, 39-41, Figures 1-10 are now available as Change #11 to the UST Section’s Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases (or STIRA Guidelines).  These changes include updates to soil excavation language to be consistent with the updated version of the 2020 Reasonable Rate Document.  Guidance for non-UST petroleum releases has been expanded.

STIRA CHANGE 11

The UST Section welcomes comments and recommendations to better improve our services, and will continue to make any necessary changes to the document, such as those provided here, in future incremental revisions to our practices and the STIRA Guidelines, themselves.  Please send comments to Shawn McKee at shawn.mckee@ncdenr.gov, by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

4/1/2021
The updated version of the 2020 RRD, DWM/UST 4/1/2021 is now available on the UST Section website.  A list of changes to the document can be found here.

11/20/2020
UST Current Funding Levels
Effective November 19, 2020, ALL intermediate risk releases from commercial USTs are required to proceed with necessary clean-up activities. Responsible parties will be notified in writing of their requirement to proceed with all necessary corrective actions. (Risk, Rank and Abatement score of I-0000 and above)

• Commercial UST Funding Level - I 0000 (11/19/2020 pdf)

11/16/2020
DRAFTS FOR PUBLIC COMMENT - Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement; Assessment Guidelines; Corrective Action Guidelines; and Comprehensive Tables for Corrective Action Guidelines

The following links provide access to files that represent a proposed update to the UST Section’s Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for Petroleum and Hazardous Substance UST Releases, Petroleum Non-UST Releases (or STIRA Guidelines), Assessment Guidelines, Corrective Action Guidelines, and Comprehensive Tables for Corrective Action Guidelines.

These draft versions are being made available until January 8, 2021 for public comment before final versions of the Guidelines documents are published.  Please note that even after the comment period ends and formal publication of the new Guidelines is complete, the UST Section will always continue to welcome comments and recommendations to better improve our services.  The Section will include any necessary changes to the document discovered after the comment period has ended in any future incremental revisions to the Guidelines.

Please send all comments to Shawn McKee by email at shawn.mckee@ncdenr.gov by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

• Site Checks, Tank Closure, and Initial Response and Abatement
• Assessment Guidelines
• Corrective Action Guidelines
• Comprehensive Tables for Corrective Action Guidelines

9/24/2020
State-Lead Assessment and Remediation Contracts
The UST Section is pleased to announce that Catlin Engineers & Scientists of Raleigh, Withers & Ravenel of Cary, Terracon of Charlotte, and ATC of Raleigh have been awarded the State-Lead Assessment and Remediation contracts. The UST Section thanks all of those who responded to the Request For Proposal (RFP).  There were 16 responses that were evaluated based upon the RFP minimum submittal criteria and information supplied in the RFP packet. The top eight responses were given the opportunity to present directly to the UST Section, and then the final four awards were given based upon the additional interview evaluations. Thank you again for your response, and we look forward to hearing from you during the next contract solicitation.
Event password:  NCDWM
 

7/16/2020
2020 Resonable Rate Document updates
Here are the new 2020 Reasonable Rate document (RRD) and claim documents. These documents and/or rates do not go into effect until August 1, 2020. Any pre-approval issued prior to Aug. 1, 2020, will be approved under the 2017 RRD. Work approved prior to Aug. 1, 2020, but not started may be requested under a new approval after Aug. 1, 2020. Please review the documents; any errors that are found please contact Scott Ryals at scott.ryals@ncdenr.gov. Please download and use the new ePATA form immediately.

The UST Section thanks everyone for their time in reviewing and commenting on the draft document. As many of the comments as possible were incorporated into the document.

6/3/2020
Modification of the Pre-approval Process: The purpose of this modification is to implement changes to the pre-approval process for Corrective Action Branch (CAB)-only task authorizations. These changes will expedite important portions of the assessment process to facilitate implementation the appropriate corrective action. The CAB and Trust Fund Branch (TFB) collaborative reviews of pre-approvals related to corrective action will not change. The CAB and TFB will coordinate to transition to this modified process. Read the Modification of the Pre-approval Process Memo.

Current Electronic Pre-Approval Task Authorization

• Note: Do not use special characters in Electronic Pre-Approval Task Authorization file names (e.g. “#”, “/,” “$”, etc.).  Hyphens are acceptable.

5/6/2020
The UST Section has prepared updates to the Reasonable Rate Document and is requesting all interested parties to provide written comments.  The attached document does have track changes on it so that the proposed changes can be easily seen. Due to office closures to reduce the spread of COVID-19, the comments are to be submitted electronically only. All written comments are to be submitted to Scott Ryals at scott.ryals@ncdenr.gov by 5 p.m. on Wednesday, May 20.  

When making comments, do not alter the attached document. Copy the specific section and make your comments. If there are new tasks that you feel need to be added, then outline them in your comment submittal. If the comments are concerning price, then supporting reasoning behind a change in price is required (costs, time, etc). Any internal business information will be considered confidential and proprietary and should be marked as such when submitted. If there are specific sub-contracting activities such as drilling or lab that you feel need to be addressed then please share this document with those sub-contractors. 

Thank you for your assistance in making this document the best it can be for all parties involved.

• 2020 RRD RP
• 2020 RRD Price List

4/13/2020
During the public health crisis, the North Carolina Department of Environmental Quality, under its authority, will work with regulated entities to ensure they remain in compliance and in instances of non-compliance, pursue enforcement actions on a case-by-case basis. For the underground storage tanks, all requirements must be met following the regulatory requirements and guidelines. If the work cannot be completed at a specific facility or site of a release due to a contractor delay or other circumstance, then the owner, operator or responsible party must submit a written request for an extension along with supporting documentation and submit it to the appropriate inspector, incident manager and supervisor. The inspector, incident manager or supervisor will consider the request; and if warranted, grant a request or if not appropriately documented, a denial.

3/20/2020
Electronic Document Submittal Update
The UST Section's March 20, 2020 update to the 2014 policy memo and the 2018 policy memo concerning Electronic Document Submittals has been updated to indicate that the responsible parties and their consultants should name electronic document submittals using the UST Section's naming protocols. The effective date is March 20, 2020

2/5/2020
Electronic Pre-Approval Task Authorization (ePATA) Submittals
Please refrain from using special characters (e.g. “#”, “/,” “$”, etc.) in the ePATA file name when submitting to the UST Section for review (hyphens are acceptable). Longer review times can be expected for ePATAs received by the Section that do not conform to this request.

12/27/19
Notice of Solicitation of Interest

The Underground Storage Tank (UST) Section of the NC Department of Environmental Quality is calling for Solicitations of Interest for the next State Lead contract to be awarded for work to begin on or about May 2020.  Successful applicants must be properly licensed to practice Engineering and Geology in the State of North Carolina.  Scope of work includes but is not limited to:

“Removal, assessment and remediation of petroleum leaking commercial underground storage tank sites throughout North Carolina.”

A link embedded in the document will take the interested party to form 254 on the NC Department of Administration page.  Any questions, comments, or concerns please contact either William Hunneke, UST Trust Fund Branch Head at: william.hunneke@ncdenr.gov, Scott Ryals, Trust Fund Engineer at: scott.ryals@ncdenr.gov or Mark Petermann, Trust Fund Hydrogeologist at: mark.petermann@ncdenr.gov

The solicitation closed on January 17, 2020.

8/8/2019
Updated Eligibility Application - revised 8/1/2019. Please begin using this version immediately. The changes are listed below.

1. Provide the UST number relative to each incident that applies to the site property,
2. Provide the email addresses of the tank owner and consultant,
3. Provide the email address of the signatory to the affidavit.

If there are any questions you may contact Mark Petermann at mark.petermann@ncdenr.gov or by telephone at (336) 776-9688.

6/12/2019
UST-3 Form Update

The UST-3 form has been updated. Please use the new form effective immediately. See the Forms page for the updated form. The updates include:

• The five-day submittal with PE or LG oversight has been removed. All notification for tank removals should be made 30 days prior to the tank removal. This change has been made to address scheduling issues when the tank removal activities become involved with corrective actions that may require Trust Fund involvement.
• Check boxes for identifying if a release has/is occurring from a UST system have been added in section VII.
• Updated URL information.

The updated forms are designed to give the Corrective Action and Trust Fund Branches more advanced notice to better coordinate, especially where new tanks are going back in behind the removal. If the 30 days presents a hardship, please notify the section staff. 

4/22/2019
Updated ePATA - This version has been modified to account for the new Directed-CAB Only policy and has some additional minor corrections to make the document easier to use. Please begin using this version immediately. The changes are listed below.

1. Modified to allow for Directed – CAB Only to not require the STF approval for the totals to auto-calculate,
2. Validation check against the “Click here to select…” being left each time one of the signatories adds his/her initials,
3. Protected much of the worksheet (to prevent copy and pasting from destroying the embedded formulas),
4. Reworked some of the information fields at the top left (getting rid of the “STF ID” items that were only necessary if the direct import to PreApp DB had worked),
5. Reworked the footnotes as some changes that had been made no longer lined up with the relevant superscripted sections (and remove the wide margin issue on the right-hand side),
6. Other generic formatting corrections (merged cells, underlines, separators, etc.), and
7. Fixed the spelling of ‘Tyrrell’ in the county list).

4/12/2019
PLEASE NOTE

If you have pending work in Guilford County with either Sharon Cihak (retired) or Ashely Dinkins (extended leave), you need to contact Gene Mao with Guilford County and/or Carin Kromm with the DEQ/DWM/UST Winston-Salem office. You and your client are required to have approval to any work for which pre-approval is required prior to conducting that work. 

3/14/2019
Clarifications from the NC Board of Engineers
In accordance with G.S. 89C-3(6) and the N.C. Board of Examiners for Engineers and Surveyors, the review and generation of calculations for the determination of an engineered system performance is the practice of engineering and requires a Professional Engineer's seal and licensed firm. The above linked memo provides clarification of the type of reports that need to be produced and sealed by a North Carolina licensed professional engineer and a clarification of the requirements for responsible charge.

The UST Section will no longer accept any reports that do not meet these requirements.

2/22/2019
(Revised) UST-61    24-Hour Release and UST Leak Reporting Form
The 24-Hour Release and UST Leak Reporting Form (UST-61) has been revised to include spill buckets as a source of release. Please begin using the revised form found under UST Forms and at the link above.

2/13/2019
(Updated) Analytical Rate for TPH Screening Using Variable Wave Length Ultraviolet Fluorescence (UVF)
In accordance with Session Law 2015-241, Section 14.19, "The Department of Environment and Natural Resources shall review and revise its procedures and rate tables for reimbursement of soil assessment activities. These revisions shall permit the use of Ultra Violet Fluorescence (UVF) and other appropriate test methods as alternatives to EPA Method 8015 for soil assessment and petroleum contamination delineation activities, where the alternative would: (i) not violate federal law or regulations; (ii) provide equivalent accuracy and quality of results, and; (iii) result in appreciable cost savings.

Update: "...the Department is establishing a $45 per sample rate for approved waste characterization soil samples utilizing the UVF technology employing multiple wavelengths calibrated on a multi-point calibration curve."

Memo concerning Analytical Rate for TPH Screening Using Variable Wave Length Ultraviolet Fluorescence (UVF)

2/08/2019
Pre-Approval Policy

The new Pre-Approval Policy will allow for a more streamlined approach for general monitoring activities, NRP/NFA activities and additional assessment for risk determination on sites without any prior releases.

As listed in the policy and on the ePATA, any approved work that is in disagreement with a RRD rate or scope of work, any policy, rule or statute, will not be reimbursed regardless of approval (143-215.94E(e5)(2)). If there are any questions about what work you are being requested to do and if it will be reimbursed, it is your responsibility to ask those questions before the work is conducted.

Please remember that if you are submitting an ePATA for site closure activities, (NRP, public notice, well abandonment) that the ePATA must be “Limited Low Risk” even if the activity is “Directed-CAB Only.”

With the recent increase in reported releases due to spill bucket failures, please remember that if the site already has a confirmed risk and that risk is below the current funding bar of I0110 or it is closed, pre-approval for the 2N assessment of the reported spill bucket release is required and it will be “Non-Directed” until such time as information is provided that would change the established risk ranking.

Questions about the new Pre-approval Policy can be directed to Scott Bullock (Scott.Bullock@ncdenr.gov), William Hunneke (William.Hunneke@ncdenr.gov), or Scott Ryals (Scott.Ryals@ncdenr.gov).

2/01/2019

Change #9 - Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases

The following links provide access to files that represent a formal change (Change #9) to the UST Section's Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases (or STIRA Guidelines)

1. STIRA Guidelines and Figures CHANGE 9
2. PDF of the 5 changed pages (the title page with the new version, the changes page with the updated note, page 6 / Section 4.3 with the changed text, and pages 7-8 where the edits bumped text down.)

Section 4.3 Site Check Requirements, samples collected from all system components (i.e., tanks, lines, dispensers, sumps, pumps etc.) must be collected in native soils underneath associated product lines, dispensers, containment sumps, turbine pumps or turbine containment sumps, and other areas where contamination is suspected or observed. If the components are surrounded by gravel fill and not native soils, samples must be collected from native soils beneath the fill, or, in the case of fill port catchment basins, beneath the base of the UST in native soils (or a depth specified by the UST Section incident manager based on site-specific conditions)

Please note that, particularly where the system components are uncovered, the responsible professional is still required to safely collect samples in locations where contamination is most likely to be present, based upon all information available to them in the field.

Although this represents the final version of Change #9 to the STIRA Guidelines, the UST Section will always continue to welcome comments and recommendations to better improve our services.

Please send comments to Linda L. Smith by email at linda.l.smith@ncdenr.gov or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

1/9/2019
ANALYTICAL RATE FOR TPH SCREENING USING VARIABLE WAVE LENGTH ULTRAVIOLET FLUORESCENCE (UVF)
In accordance with Session Law 2015-241, Section 14.19, "The Department of Environment and Natural Resources shall review and revise its procedures and rate tables for reimbursement of soil assessment activities. These revisions shall permit the use of Ultra Violet Fluorescence (UVF) and other appropriate test methods as alternatives to US EPA Method 8015 for soil assessment and petroleum contamination delineation activities, where the alternative would: (i) not violate federal law or regulations; (ii) provide equivalent accuracy and quality of results, and; (iii) result in appreciable cost savings.

Memo concerning ANALYTICAL RATE FOR TPH SCREENING USING VARIABLE WAVE LENGTH ULTRAVIOLET FLUORESCENCE (UVF)

12/17/2018
Public comment and hearing on Proposed Readoption with Amendments in 15A NCAC 02L Section .0400 and Section .0500
These rule changes are necessary to correct grammatical errors, clarify ambiguous language, conform to changes made to General Statute (G.S.) 143- 215.94, replace current temporary rules required by SL 2017-57 Section 13.19 as required to implement SL 2015-241 Section 14.16B, and as part of the readoption of the 15A NCAC 02L rules as required by G.S. 150B-21.3A (Periodic Review of Existing Rules).

Public Comment Period
Begins: December 17, 2018
Ends: February 15, 2019

Public Hearing
Date: January 8, 2019
Time: 6 p.m.
Location: 217 West Jones Street, Raleigh, NC 27699, Room 1210
The Notice of Text, proposed rule amendments to 15A NCAC 02L Section .0400 and Section .0500, and Regulatory Impact Analysis can be found at the links below.

Notice of Text and Proposed Rule Amendments – Filed November 20, 2018

Regulatory Impact Analysis – Approved November 1, 2018

Comments from the public shall be directed to: Jeremy Poplawski NCDEQ/DWM/UST Section 1646 Mail Service Center Raleigh, NC 26799-1646 Phone: 919-707-8151 Fax: 919-715-1117 E-Mail: jeremy.poplawski@ncdenr.gov.

3/19/2018
MA DEP Volatile Petroleum Hydrocarbon (VPH) Method Update
The Massachusetts Department of Environmental Protection has updated its Method for the Determination of Volatile Petroleum Hydrocarbons by Gas Chromatography/Photoionization Detector/Flame Ionization Detector (VPH by GC/PID/FID). The revised method (February 2018, Revision 2.1) may be found here VPH Method by GC/PID/FID. A complete list of the updates is provided in the preface of the revised method.

The Underground Storage Tank Section of the North Carolina Division of Waste Management will require laboratories that are currently performing VPH by GC/PID/FID to follow the revised method criteria effective June 1, 2018. Please coordinate laboratory certification requirements with the North Carolina Wastewater/Groundwater Laboratory Certification Program.

Memo concerning implementation of the updated VPH Method (February 2018, Rev. 2.1)

2/14/2018
Stepwise Corrective Action Plan
Changes made in the 2017 Reasonable Rate Document modified the reimbursement of Corrective Action Plans (CAP) by redefining the process for those seeking Trust Fund reimbursement into a three-step document consisting of “Corrective Action Feasibility Study” (Task 6.065), a “Corrective Action Design” (6.066) and a “Corrective Action Record of Decision” (Task 6.067). 

The following documents include a memo outlining the intent of these revisions and providing interim templates for each step of the new CAP process. As the Section staff works towards a comprehensive update of the existing Guidelines for Assessment and Corrective Action for UST Releases (or ACA Guidelines) later this year, any questions about the effective creation and use of this process, as well as any feedback on how the templates can be improved for the final version of the Guidelines, is highly appreciated. Please contact your Regional Office, or Jared M. Edwards in the UST Section Central Office at 9197078153 or jared.edwards@ncdenr.gov, to offer suggestions or seek assistance with any of these documents. 

Links: 

• Memo - Working Template for 2017 Reasonable Rate Document Stepwise Corrective Action Plan (Tasks 6.065, 6.066, and 6.067) 
• Stepwise CAP Templates for the ACA Guidelines – Alternates 7A, 7B, and 7C 

2/14/2018
Electronic Document Submittal Update
The UST Section's update to the 2014 policy memo concerning Electronic Document Submittals has been updated to indicate that the responsible parties and their consultants should name electronic document submittals using the UST Section's naming protocols. The effective date is March 1, 2018.

2/14/2018
Reasonable Rate Document Changes due to Changes in the Definition of Petroleum Contaminated Soil
The UST Section as a result of the recent changes to the definition of petroleum contaminated soils in 15A NCAC .02T, has amended the lump sum excavation tasks in the 2017 Reasonable Rate document.

• Revisions to Task  2.416 AND 7.361 in Response to 15A NCAC 02T .1500
• 2017 Claim Forms Final

01/09/2018
Change #8 - Guidelines for Site Checks, Tank Closure, Initial Response and Abatement for UST Releases
Updates to Pages ix, 32-33, and 112-113 are now available as Change #8 to the UST Section’s Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases (or STIRA Guidelines).

This change results from the formal amendment of Title 15A of the North Carolina Administrative Code (NCAC) Subchapter 02T .1502(4), which defines “Petroleum-Contaminated Soil” or “Soil Containing Petroleum Products.”  As of Jan. 1, 2018, only those soils that demonstrate detectible concentrations of petroleum compounds in excess of the lesser of the soil-to-groundwater or residential maximum soil contaminant concentrations (MSCCs), as established in Title 15A NCAC 02L .0411, shall be defined as ‘petroleum-contaminated soils.’

Linked below are an announcement memo and standalone ‘Insert’ versions of the relevant pages to incorporate into your existing copies of the STIRA Guidelines. Alternatively, clean copies of the full STIRA Guidelines and Figures Change #8 and the full STIRA Appendices Change #8, including these updates, may be obtained from the applicable links. (Note: No changes have been made to the STIRA Tables since Change #6.)

1. STIRA CHANGE 8 Memo
2. STIRA CHANGE 8 Altered Page Inserts Only
3. STIRA Guidelines and Figures CHANGE 8 FULL
4. STIRA Appendices CHANGE 8 FULL

The UST Section welcomes comments and recommendations to better improve our services, and will continue to make any necessary changes to the document, such as those provided here, in future incremental revisions to our practices and the STIRA Guidelines, themselves.

Please send all comments to Jared M. Edwards at jared.edwards@ncdenr.gov, by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

4/7/2016
Important Notice to Responsible Parties and Consultants with Split-Funded Releases
Per the provisions of Session Law 2015-241, no Noncommercial reimbursement claims filed after June 30, 2016 can be processed. Certain incidents have been reimbursed as split-funded between the Commercial and Noncommercial Trust Funds. As of July 1, 2016, the Noncommercial portion of ongoing claims for those incidents will be deemed ineligible by statute and will be subject to apportionment.

6/1/2016
North Carolina Petroleum UST Release Corrective Action Phase Project Management: A Calibrated Risk-Based Corrective Action Decision & Implementation Guide, effective June 1, 2016 
This document is to be used to guide corrective action project decisions, by establishing risk determination standards and by using measurable temporal, spatial and quantitative clean up performance goals. 

Most petroleum releases stabilize and the associated risk naturally decreases over time without intervention. Recognizing this, we use a calibrated decision-making process that fully leverages science, existing statutes and rules to reach the endpoint of "no further action."  

The stepwise process contained in this document should, on average, reduce the per-site expenditures for UST owners and the Department of Environmental Quality. The savings for the department can be redirected to more sites and enable the state to maximize the efficient use of available funding.  

This document also outlines the collaborative process the department, consultants and UST owners will adopt that should reduce miscommunication, streamline the approval process, increase the ratio of reimbursement dollars paid to the total amount claimed (fewer claim denials) as program decisions become more transparent and effective.

7/20/2016
Guidance on Trust Fund Eligibility for Tank Closures, Initial Abatement and Corrective Action Excavations
The memo in the above link provides clarifications regarding tank closure, initial abatement over-excavation, and corrective action excavation activities that may be eligible for reimbursement during tank closures, initial abatement actions, and soil cleanup at sites covered by the Leaking Petroleum Underground Storage Tank Cleanup Fund (Trust Fund). This guidance is meant to resolve some of the most common issues, and will document how excavation and disposal limits may be approved

4/17/2023

6.065 Corrective Action Feasibility Meetings and Report:  This SOW consists of two meetings with the RP, ESP, and UST Section to discuss the remedial strategy recommended in the CSA (other than monitored natural attenuation or limited soil removal not resulting in a Corrective Action Design). After the first meeting (if a chosen strategy is agreed) a pre-approval for the pilot test should be submitted. The results from the pilot test should be reported to the Section as a Feasibility Study Report (as outlined on page 95 of the Comprehensive Appendices for Corrective action Guidelines (appendices). This report is included in the SOW for this task and can be found through the link below.

https://deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/ust-guidance-documents 

The second meeting, included in the SOW for this task, will be held to discuss the results of the Feasibility Study Report with the RP, ESP and UST Section. A Notice of Regulatory Requirements for the chosen Corrective Action Plan Design will follow this meeting.  

NOTE: If the pilot test does not prove that the proposed remedy is viable, the consultant/RP is responsible for discussing alternatives with the regional office before preparing the Feasibility Study Report. This task should only be used to report the results of the successful pilot test. 

2/10/2023

SEEKING PUBLIC COMMENT - (Draft) Guidelines for Ex Situ Petroleum Contaminated Soil Remediation

The following link provides access to the proposed update to the UST Section’s Guidelines for Ex Situ Petroleum Contaminated Soil Remediation.

• Ex Situ Petroleum Contaminated Soil Remediation

This draft version is being made available until March 10, 2023 for public comment before the final version of the Guidelines document is published.  Please note that even after the comment period ends and formal publication of the new Guidelines is complete, the UST Section will always continue to welcome comments and recommendations to better improve its services. The Section will include any necessary changes to the document discovered after the comment period has ended in any future incremental revisions to the Guidelines.

Please send all comments to Shawn McKee by email at shawn.mckee@ncdenr.gov, by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

April 2022

2022 Reasonable Rate Document updates
The 2022 update to the 2020 Reasonable Rate document (RRD) and claim documents have been published, and can be found on the Reasonable Rates Documents webpage and under What’s New. These documents and/or rates went into effect April 1, 2022. Please see the included errata for additional changes made to the AFVE and MMPE task codes. Any pre-approved task issued prior to April 1, 2022, will be approved under the 2020 RRD unless it is one of the updated tasks. Previously approved tasks after April 1, 2021, that HAVE NOT been started may request a new ePATA under the 2022 updates except for reports.  Please review the documents; any errors that are found please contact Scott Ryals at Scott.Ryals@ncdenr.gov and Wayne Randolph at Wayne.Randolph@ncdenr.gov. Please download and use the new ePATA form immediately.

1/19/2022

Updated the FAQ for the secondary containment performance standards of UST systems and equipment installed on or after 11/1/2007.

1/12/2022

SEEKING PUBLIC COMMENT -  (Draft) Guidelines for Sampling, Change 4

The following link provides access to a proposed update to the UST Section’s Guidelines for Sampling.

• Guidelines for Sampling, Change 4

This draft version is being made available until February 25, 2022 for public comment before the final version of the Guidelines document is published.  Please note that even after the comment period ends and formal publication of the new Guidelines is complete, the UST Section will always continue to welcome comments and recommendations to better improve its services. The Section will include any necessary changes to the document discovered after the comment period has ended in any future incremental revisions to the Guidelines.

Please send all comments to Shawn McKee by email at shawn.mckee@ncdenr.gov, by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

7/8/2021
Soil Remediation Permits Prohibited from Accepting Per- and poly-fluoroalkyl substances (PFAS)

Per- and poly-fluoroalkyl substances (PFAS) are not permitted under any circumstance to be treated or disposed under Underground Storage Tank treatment or disposal soil permits.

Per- and poly-fluoroalkyl substances (PFAS) may be co-mingled with petroleum contaminants and can be derived from certain firefighting foam products or other sources.

If fire-fighting foam is comingled with petroleum contaminated soil or suspected to be comingled with petroleum-contaminated soil, PFAS will be assumed to be present and analysis is required to prove its absence before acceptance.

5/26/2021
Exciting news from the Trust Fund eligibility program -- we will soon be accepting eligibility applications electronically! The email address to submit the application is ncTrustFundEligApp@ncdenr.gov. Other than the new submittal avenue, all other requirements for completing an application remain the same. It is expected that this will take some time for all stakeholders choosing to submit their application electronically to make the switch. Electronic submittals will be accepted beginning June 15, 2021. However, if you are not able to submit or do not wish to submit an application electronically, ie. via email, you can continue to submit a paper application. Mail the application to the following address: NCDEQ, UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646, Attention: Trust Fund Eligibility.

5/17/2021
Guidelines for Site Checks, Tank Closure, Initial Response and Abatement, Petroleum and Hazardous Substance UST Releases, Petroleum Non-UST Releases, Change 11
Updates to Page 9, 39-41, Figures 1-10 are now available as Change #11 to the UST Section’s Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases (or STIRA Guidelines).  These changes include updates to soil excavation language to be consistent with the updated version of the 2020 Reasonable Rate Document.  Guidance for non-UST petroleum releases has been expanded.

STIRA CHANGE 11

The UST Section welcomes comments and recommendations to better improve our services, and will continue to make any necessary changes to the document, such as those provided here, in future incremental revisions to our practices and the STIRA Guidelines, themselves.  Please send comments to Shawn McKee at shawn.mckee@ncdenr.gov, by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

4/1/2021
The updated version of the 2020 RRD, DWM/UST 4/1/2021 is now available on the UST Section website.  A list of changes to the document can be found here.

11/20/2020
UST Current Funding Levels
Effective November 19, 2020, ALL intermediate risk releases from commercial USTs are required to proceed with necessary clean-up activities. Responsible parties will be notified in writing of their requirement to proceed with all necessary corrective actions. (Risk, Rank and Abatement score of I-0000 and above)

• Commercial UST Funding Level - I 0000 (11/19/2020 pdf)

11/16/2020
DRAFTS FOR PUBLIC COMMENT - Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement; Assessment Guidelines; Corrective Action Guidelines; and Comprehensive Tables for Corrective Action Guidelines

The following links provide access to files that represent a proposed update to the UST Section’s Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for Petroleum and Hazardous Substance UST Releases, Petroleum Non-UST Releases (or STIRA Guidelines), Assessment Guidelines, Corrective Action Guidelines, and Comprehensive Tables for Corrective Action Guidelines.

These draft versions are being made available until January 8, 2021 for public comment before final versions of the Guidelines documents are published.  Please note that even after the comment period ends and formal publication of the new Guidelines is complete, the UST Section will always continue to welcome comments and recommendations to better improve our services.  The Section will include any necessary changes to the document discovered after the comment period has ended in any future incremental revisions to the Guidelines.

Please send all comments to Shawn McKee by email at shawn.mckee@ncdenr.gov by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

• Site Checks, Tank Closure, and Initial Response and Abatement
• Assessment Guidelines
• Corrective Action Guidelines
• Comprehensive Tables for Corrective Action Guidelines

9/24/2020
State-Lead Assessment and Remediation Contracts
The UST Section is pleased to announce that Catlin Engineers & Scientists of Raleigh, Withers & Ravenel of Cary, Terracon of Charlotte, and ATC of Raleigh have been awarded the State-Lead Assessment and Remediation contracts. The UST Section thanks all of those who responded to the Request For Proposal (RFP).  There were 16 responses that were evaluated based upon the RFP minimum submittal criteria and information supplied in the RFP packet. The top eight responses were given the opportunity to present directly to the UST Section, and then the final four awards were given based upon the additional interview evaluations. Thank you again for your response, and we look forward to hearing from you during the next contract solicitation.
Event password:  NCDWM
 

7/16/2020
2020 Resonable Rate Document updates
Here are the new 2020 Reasonable Rate document (RRD) and claim documents. These documents and/or rates do not go into effect until August 1, 2020. Any pre-approval issued prior to Aug. 1, 2020, will be approved under the 2017 RRD. Work approved prior to Aug. 1, 2020, but not started may be requested under a new approval after Aug. 1, 2020. Please review the documents; any errors that are found please contact Scott Ryals at scott.ryals@ncdenr.gov. Please download and use the new ePATA form immediately.

The UST Section thanks everyone for their time in reviewing and commenting on the draft document. As many of the comments as possible were incorporated into the document.

6/3/2020
Modification of the Pre-approval Process: The purpose of this modification is to implement changes to the pre-approval process for Corrective Action Branch (CAB)-only task authorizations. These changes will expedite important portions of the assessment process to facilitate implementation the appropriate corrective action. The CAB and Trust Fund Branch (TFB) collaborative reviews of pre-approvals related to corrective action will not change. The CAB and TFB will coordinate to transition to this modified process. Read the Modification of the Pre-approval Process Memo.

Current Electronic Pre-Approval Task Authorization

• Note: Do not use special characters in Electronic Pre-Approval Task Authorization file names (e.g. “#”, “/,” “$”, etc.).  Hyphens are acceptable.

5/6/2020
The UST Section has prepared updates to the Reasonable Rate Document and is requesting all interested parties to provide written comments.  The attached document does have track changes on it so that the proposed changes can be easily seen. Due to office closures to reduce the spread of COVID-19, the comments are to be submitted electronically only. All written comments are to be submitted to Scott Ryals at scott.ryals@ncdenr.gov by 5 p.m. on Wednesday, May 20.  

When making comments, do not alter the attached document. Copy the specific section and make your comments. If there are new tasks that you feel need to be added, then outline them in your comment submittal. If the comments are concerning price, then supporting reasoning behind a change in price is required (costs, time, etc). Any internal business information will be considered confidential and proprietary and should be marked as such when submitted. If there are specific sub-contracting activities such as drilling or lab that you feel need to be addressed then please share this document with those sub-contractors. 

Thank you for your assistance in making this document the best it can be for all parties involved.

• 2020 RRD RP
• 2020 RRD Price List

4/13/2020
During the public health crisis, the North Carolina Department of Environmental Quality, under its authority, will work with regulated entities to ensure they remain in compliance and in instances of non-compliance, pursue enforcement actions on a case-by-case basis. For the underground storage tanks, all requirements must be met following the regulatory requirements and guidelines. If the work cannot be completed at a specific facility or site of a release due to a contractor delay or other circumstance, then the owner, operator or responsible party must submit a written request for an extension along with supporting documentation and submit it to the appropriate inspector, incident manager and supervisor. The inspector, incident manager or supervisor will consider the request; and if warranted, grant a request or if not appropriately documented, a denial.

3/20/2020
Electronic Document Submittal Update
The UST Section's March 20, 2020 update to the 2014 policy memo and the 2018 policy memo concerning Electronic Document Submittals has been updated to indicate that the responsible parties and their consultants should name electronic document submittals using the UST Section's naming protocols. The effective date is March 20, 2020

2/5/2020
Electronic Pre-Approval Task Authorization (ePATA) Submittals
Please refrain from using special characters (e.g. “#”, “/,” “$”, etc.) in the ePATA file name when submitting to the UST Section for review (hyphens are acceptable). Longer review times can be expected for ePATAs received by the Section that do not conform to this request.

12/27/19
Notice of Solicitation of Interest

The Underground Storage Tank (UST) Section of the NC Department of Environmental Quality is calling for Solicitations of Interest for the next State Lead contract to be awarded for work to begin on or about May 2020.  Successful applicants must be properly licensed to practice Engineering and Geology in the State of North Carolina.  Scope of work includes but is not limited to:

“Removal, assessment and remediation of petroleum leaking commercial underground storage tank sites throughout North Carolina.”

A link embedded in the document will take the interested party to form 254 on the NC Department of Administration page.  Any questions, comments, or concerns please contact either William Hunneke, UST Trust Fund Branch Head at: william.hunneke@ncdenr.gov, Scott Ryals, Trust Fund Engineer at: scott.ryals@ncdenr.gov or Mark Petermann, Trust Fund Hydrogeologist at: mark.petermann@ncdenr.gov

The solicitation closed on January 17, 2020.

8/8/2019
Updated Eligibility Application - revised 8/1/2019. Please begin using this version immediately. The changes are listed below.

1. Provide the UST number relative to each incident that applies to the site property,
2. Provide the email addresses of the tank owner and consultant,
3. Provide the email address of the signatory to the affidavit.

If there are any questions you may contact Mark Petermann at mark.petermann@ncdenr.gov or by telephone at (336) 776-9688.

6/12/2019
UST-3 Form Update

The UST-3 form has been updated. Please use the new form effective immediately. See the Forms page for the updated form. The updates include:

• The five-day submittal with PE or LG oversight has been removed. All notification for tank removals should be made 30 days prior to the tank removal. This change has been made to address scheduling issues when the tank removal activities become involved with corrective actions that may require Trust Fund involvement.
• Check boxes for identifying if a release has/is occurring from a UST system have been added in section VII.
• Updated URL information.

The updated forms are designed to give the Corrective Action and Trust Fund Branches more advanced notice to better coordinate, especially where new tanks are going back in behind the removal. If the 30 days presents a hardship, please notify the section staff. 

4/22/2019
Updated ePATA - This version has been modified to account for the new Directed-CAB Only policy and has some additional minor corrections to make the document easier to use. Please begin using this version immediately. The changes are listed below.

1. Modified to allow for Directed – CAB Only to not require the STF approval for the totals to auto-calculate,
2. Validation check against the “Click here to select…” being left each time one of the signatories adds his/her initials,
3. Protected much of the worksheet (to prevent copy and pasting from destroying the embedded formulas),
4. Reworked some of the information fields at the top left (getting rid of the “STF ID” items that were only necessary if the direct import to PreApp DB had worked),
5. Reworked the footnotes as some changes that had been made no longer lined up with the relevant superscripted sections (and remove the wide margin issue on the right-hand side),
6. Other generic formatting corrections (merged cells, underlines, separators, etc.), and
7. Fixed the spelling of ‘Tyrrell’ in the county list).

4/12/2019
PLEASE NOTE

If you have pending work in Guilford County with either Sharon Cihak (retired) or Ashely Dinkins (extended leave), you need to contact Gene Mao with Guilford County and/or Carin Kromm with the DEQ/DWM/UST Winston-Salem office. You and your client are required to have approval to any work for which pre-approval is required prior to conducting that work. 

3/14/2019
Clarifications from the NC Board of Engineers
In accordance with G.S. 89C-3(6) and the N.C. Board of Examiners for Engineers and Surveyors, the review and generation of calculations for the determination of an engineered system performance is the practice of engineering and requires a Professional Engineer's seal and licensed firm. The above linked memo provides clarification of the type of reports that need to be produced and sealed by a North Carolina licensed professional engineer and a clarification of the requirements for responsible charge.

The UST Section will no longer accept any reports that do not meet these requirements.

2/22/2019
(Revised) UST-61    24-Hour Release and UST Leak Reporting Form
The 24-Hour Release and UST Leak Reporting Form (UST-61) has been revised to include spill buckets as a source of release. Please begin using the revised form found under UST Forms and at the link above.

2/13/2019
(Updated) Analytical Rate for TPH Screening Using Variable Wave Length Ultraviolet Fluorescence (UVF)
In accordance with Session Law 2015-241, Section 14.19, "The Department of Environment and Natural Resources shall review and revise its procedures and rate tables for reimbursement of soil assessment activities. These revisions shall permit the use of Ultra Violet Fluorescence (UVF) and other appropriate test methods as alternatives to EPA Method 8015 for soil assessment and petroleum contamination delineation activities, where the alternative would: (i) not violate federal law or regulations; (ii) provide equivalent accuracy and quality of results, and; (iii) result in appreciable cost savings.

Update: "...the Department is establishing a $45 per sample rate for approved waste characterization soil samples utilizing the UVF technology employing multiple wavelengths calibrated on a multi-point calibration curve."

Memo concerning Analytical Rate for TPH Screening Using Variable Wave Length Ultraviolet Fluorescence (UVF)

2/08/2019
Pre-Approval Policy

The new Pre-Approval Policy will allow for a more streamlined approach for general monitoring activities, NRP/NFA activities and additional assessment for risk determination on sites without any prior releases.

As listed in the policy and on the ePATA, any approved work that is in disagreement with a RRD rate or scope of work, any policy, rule or statute, will not be reimbursed regardless of approval (143-215.94E(e5)(2)). If there are any questions about what work you are being requested to do and if it will be reimbursed, it is your responsibility to ask those questions before the work is conducted.

Please remember that if you are submitting an ePATA for site closure activities, (NRP, public notice, well abandonment) that the ePATA must be “Limited Low Risk” even if the activity is “Directed-CAB Only.”

With the recent increase in reported releases due to spill bucket failures, please remember that if the site already has a confirmed risk and that risk is below the current funding bar of I0110 or it is closed, pre-approval for the 2N assessment of the reported spill bucket release is required and it will be “Non-Directed” until such time as information is provided that would change the established risk ranking.

Questions about the new Pre-approval Policy can be directed to Scott Bullock (Scott.Bullock@ncdenr.gov), William Hunneke (William.Hunneke@ncdenr.gov), or Scott Ryals (Scott.Ryals@ncdenr.gov).

2/01/2019

Change #9 - Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases

The following links provide access to files that represent a formal change (Change #9) to the UST Section's Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases (or STIRA Guidelines)

1. STIRA Guidelines and Figures CHANGE 9
2. PDF of the 5 changed pages (the title page with the new version, the changes page with the updated note, page 6 / Section 4.3 with the changed text, and pages 7-8 where the edits bumped text down.)

Section 4.3 Site Check Requirements, samples collected from all system components (i.e., tanks, lines, dispensers, sumps, pumps etc.) must be collected in native soils underneath associated product lines, dispensers, containment sumps, turbine pumps or turbine containment sumps, and other areas where contamination is suspected or observed. If the components are surrounded by gravel fill and not native soils, samples must be collected from native soils beneath the fill, or, in the case of fill port catchment basins, beneath the base of the UST in native soils (or a depth specified by the UST Section incident manager based on site-specific conditions)

Please note that, particularly where the system components are uncovered, the responsible professional is still required to safely collect samples in locations where contamination is most likely to be present, based upon all information available to them in the field.

Although this represents the final version of Change #9 to the STIRA Guidelines, the UST Section will always continue to welcome comments and recommendations to better improve our services.

Please send comments to Linda L. Smith by email at linda.l.smith@ncdenr.gov or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

1/9/2019
ANALYTICAL RATE FOR TPH SCREENING USING VARIABLE WAVE LENGTH ULTRAVIOLET FLUORESCENCE (UVF)
In accordance with Session Law 2015-241, Section 14.19, "The Department of Environment and Natural Resources shall review and revise its procedures and rate tables for reimbursement of soil assessment activities. These revisions shall permit the use of Ultra Violet Fluorescence (UVF) and other appropriate test methods as alternatives to US EPA Method 8015 for soil assessment and petroleum contamination delineation activities, where the alternative would: (i) not violate federal law or regulations; (ii) provide equivalent accuracy and quality of results, and; (iii) result in appreciable cost savings.

Memo concerning ANALYTICAL RATE FOR TPH SCREENING USING VARIABLE WAVE LENGTH ULTRAVIOLET FLUORESCENCE (UVF)

12/17/2018
Public comment and hearing on Proposed Readoption with Amendments in 15A NCAC 02L Section .0400 and Section .0500
These rule changes are necessary to correct grammatical errors, clarify ambiguous language, conform to changes made to General Statute (G.S.) 143- 215.94, replace current temporary rules required by SL 2017-57 Section 13.19 as required to implement SL 2015-241 Section 14.16B, and as part of the readoption of the 15A NCAC 02L rules as required by G.S. 150B-21.3A (Periodic Review of Existing Rules).

Public Comment Period
Begins: December 17, 2018
Ends: February 15, 2019

Public Hearing
Date: January 8, 2019
Time: 6 p.m.
Location: 217 West Jones Street, Raleigh, NC 27699, Room 1210
The Notice of Text, proposed rule amendments to 15A NCAC 02L Section .0400 and Section .0500, and Regulatory Impact Analysis can be found at the links below.

Notice of Text and Proposed Rule Amendments – Filed November 20, 2018

Regulatory Impact Analysis – Approved November 1, 2018

Comments from the public shall be directed to: Jeremy Poplawski NCDEQ/DWM/UST Section 1646 Mail Service Center Raleigh, NC 26799-1646 Phone: 919-707-8151 Fax: 919-715-1117 E-Mail: jeremy.poplawski@ncdenr.gov.

3/19/2018
MA DEP Volatile Petroleum Hydrocarbon (VPH) Method Update
The Massachusetts Department of Environmental Protection has updated its Method for the Determination of Volatile Petroleum Hydrocarbons by Gas Chromatography/Photoionization Detector/Flame Ionization Detector (VPH by GC/PID/FID). The revised method (February 2018, Revision 2.1) may be found here VPH Method by GC/PID/FID. A complete list of the updates is provided in the preface of the revised method.

The Underground Storage Tank Section of the North Carolina Division of Waste Management will require laboratories that are currently performing VPH by GC/PID/FID to follow the revised method criteria effective June 1, 2018. Please coordinate laboratory certification requirements with the North Carolina Wastewater/Groundwater Laboratory Certification Program.

Memo concerning implementation of the updated VPH Method (February 2018, Rev. 2.1)

2/14/2018
Stepwise Corrective Action Plan
Changes made in the 2017 Reasonable Rate Document modified the reimbursement of Corrective Action Plans (CAP) by redefining the process for those seeking Trust Fund reimbursement into a three-step document consisting of “Corrective Action Feasibility Study” (Task 6.065), a “Corrective Action Design” (6.066) and a “Corrective Action Record of Decision” (Task 6.067). 

The following documents include a memo outlining the intent of these revisions and providing interim templates for each step of the new CAP process. As the Section staff works towards a comprehensive update of the existing Guidelines for Assessment and Corrective Action for UST Releases (or ACA Guidelines) later this year, any questions about the effective creation and use of this process, as well as any feedback on how the templates can be improved for the final version of the Guidelines, is highly appreciated. Please contact your Regional Office, or Jared M. Edwards in the UST Section Central Office at 9197078153 or jared.edwards@ncdenr.gov, to offer suggestions or seek assistance with any of these documents. 

Links: 

• Memo - Working Template for 2017 Reasonable Rate Document Stepwise Corrective Action Plan (Tasks 6.065, 6.066, and 6.067) 
• Stepwise CAP Templates for the ACA Guidelines – Alternates 7A, 7B, and 7C 

2/14/2018
Electronic Document Submittal Update
The UST Section's update to the 2014 policy memo concerning Electronic Document Submittals has been updated to indicate that the responsible parties and their consultants should name electronic document submittals using the UST Section's naming protocols. The effective date is March 1, 2018.

2/14/2018
Reasonable Rate Document Changes due to Changes in the Definition of Petroleum Contaminated Soil
The UST Section as a result of the recent changes to the definition of petroleum contaminated soils in 15A NCAC .02T, has amended the lump sum excavation tasks in the 2017 Reasonable Rate document.

• Revisions to Task  2.416 AND 7.361 in Response to 15A NCAC 02T .1500
• 2017 Claim Forms Final

01/09/2018
Change #8 - Guidelines for Site Checks, Tank Closure, Initial Response and Abatement for UST Releases
Updates to Pages ix, 32-33, and 112-113 are now available as Change #8 to the UST Section’s Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases (or STIRA Guidelines).

This change results from the formal amendment of Title 15A of the North Carolina Administrative Code (NCAC) Subchapter 02T .1502(4), which defines “Petroleum-Contaminated Soil” or “Soil Containing Petroleum Products.”  As of Jan. 1, 2018, only those soils that demonstrate detectible concentrations of petroleum compounds in excess of the lesser of the soil-to-groundwater or residential maximum soil contaminant concentrations (MSCCs), as established in Title 15A NCAC 02L .0411, shall be defined as ‘petroleum-contaminated soils.’

Linked below are an announcement memo and standalone ‘Insert’ versions of the relevant pages to incorporate into your existing copies of the STIRA Guidelines. Alternatively, clean copies of the full STIRA Guidelines and Figures Change #8 and the full STIRA Appendices Change #8, including these updates, may be obtained from the applicable links. (Note: No changes have been made to the STIRA Tables since Change #6.)

1. STIRA CHANGE 8 Memo
2. STIRA CHANGE 8 Altered Page Inserts Only
3. STIRA Guidelines and Figures CHANGE 8 FULL
4. STIRA Appendices CHANGE 8 FULL

The UST Section welcomes comments and recommendations to better improve our services, and will continue to make any necessary changes to the document, such as those provided here, in future incremental revisions to our practices and the STIRA Guidelines, themselves.

Please send all comments to Jared M. Edwards at jared.edwards@ncdenr.gov, by phone at (919) 707-8153, or by mail at NCDEQ-DWM - UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646.

4/7/2016
Important Notice to Responsible Parties and Consultants with Split-Funded Releases
Per the provisions of Session Law 2015-241, no Noncommercial reimbursement claims filed after June 30, 2016 can be processed. Certain incidents have been reimbursed as split-funded between the Commercial and Noncommercial Trust Funds. As of July 1, 2016, the Noncommercial portion of ongoing claims for those incidents will be deemed ineligible by statute and will be subject to apportionment.

6/1/2016
North Carolina Petroleum UST Release Corrective Action Phase Project Management: A Calibrated Risk-Based Corrective Action Decision & Implementation Guide, effective June 1, 2016 
This document is to be used to guide corrective action project decisions, by establishing risk determination standards and by using measurable temporal, spatial and quantitative clean up performance goals. 

Most petroleum releases stabilize and the associated risk naturally decreases over time without intervention. Recognizing this, we use a calibrated decision-making process that fully leverages science, existing statutes and rules to reach the endpoint of "no further action."  

The stepwise process contained in this document should, on average, reduce the per-site expenditures for UST owners and the Department of Environmental Quality. The savings for the department can be redirected to more sites and enable the state to maximize the efficient use of available funding.  

This document also outlines the collaborative process the department, consultants and UST owners will adopt that should reduce miscommunication, streamline the approval process, increase the ratio of reimbursement dollars paid to the total amount claimed (fewer claim denials) as program decisions become more transparent and effective.

7/20/2016
Guidance on Trust Fund Eligibility for Tank Closures, Initial Abatement and Corrective Action Excavations
The memo in the above link provides clarifications regarding tank closure, initial abatement over-excavation, and corrective action excavation activities that may be eligible for reimbursement during tank closures, initial abatement actions, and soil cleanup at sites covered by the Leaking Petroleum Underground Storage Tank Cleanup Fund (Trust Fund). This guidance is meant to resolve some of the most common issues, and will document how excavation and disposal limits may be approved