What's New

Current Funding Levels

Commercial I-110 and above, see Memo (effective 2/01/2016)
Commercial All H-000 and above (effective 11/02/2009)


Energy Policy Act data for the federal fiscal year 2018-2019 (pdf)

Updates

September 2020

September 2020

9/25/2020
Hurricane Relief Funds
**DEADLINE HAS BEEN EXTENDED THROUGH NOVEMBER 30, 2020**

The North Carolina General Assembly and the United States Environmental Protection Agency (USEPA) have provided hurricane relief funds to the N.C. Department of Environmental Quality, Underground Storage Tank Section (NCDEQ-UST) to distribute to owners or operators for testing and repair of petroleum and hazardous substance underground storage tank systems impacted by Hurricane Florence. The hurricane relief funds can also be used to investigate and remediate releases from these UST systems. To apply for these funds, complete the UST Hurricane Relief Fund Application along with the UST Hurricane Relief Funds Reimbursement ID Form.

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.

August 2020

August 2020

8/14/2020

Public Comment and Hearing on Proposed Readoption with Amendments in 15A NCAC 02N Underground Storage Tanks and 15A NCAC 02O Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks
The rule changes to 15A NCAC 02N are necessary to incorporate input from stakeholders, and make technical corrections such as: formatting of rule text; updating websites; adding clarifying language; deleting sampling methods, industry standards and codes of practice, and other standard procedures that were no longer relevant and replacing them with those that are current; deleting unnecessary language and obsolete rules; and correcting grammar, cross-references, inconsistencies, authorities, etc., and as part of the readoption of the 15A NCAC 02N rules as required by G.S. 150B-21.3A (Periodic Review of Existing Rules).

The rule changes to 15A NCAC 02O are necessary to make technical corrections such as: formatting of rule text; updating websites; adding clarifying language; deleting unnecessary language and obsolete rules; and correcting grammar, cross-references, inconsistencies, authorities, etc., and as part of the readoption of the 15A NCAC 02O rules as required by G.S. 150B-21.3A (Periodic Review of Existing Rules).

Public Comment Period
Begins: August 17, 2020
Ends: October 16, 2020

Public Hearing
Date: September 1, 2020
Time: 6:00 p.m.
Location: In an abundance of caution and to address protective measures to help prevent the spread of COVID-19, this public hearing will be held by webinar.

WebEx Events meeting link: Join WebEx Meeting
Event number:  161 526 8266
Event password:  NCDWM
*If you wish to speak at the digital public hearing, you must register, provide the required information, and follow instructions on ways to join the public hearing. To register to speak, please click the following link to complete the online registration form: Register to Speak Form

Instructions on ways to join the digital public hearing can be viewed by clicking on the following link: How to Join WebEx Meeting

Comments may also be submitted via any of the methods below:

Email: Andria.Merritt@ncdenr.gov (Please type “UST Proposed Rules” in the subject line)

Postal Mail: Andria Merritt
NCDEQ/DWM/UST Section
1646 Mail Service Center
Raleigh, NC 27699-1646

Fax: (919) 715-1117 (Please address fax to “Andria Merritt”)

Phone: (919) 707-8157

The Notice of Text, proposed amendments to rules in 15A NCAC 02N, proposed amendments to rules in 15A NCAC 02O, and Regulatory Impact Analysis can be found at the links below:

July 2020

July 2020

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.

7/6/2020
Changes to Spill Bucket requirements in 15A NCAC 2N
In accordance with Session Law 2020-74 on or after Aug. 1, 2020, it is approved to install a double-wall spill bucket with a mechanical liquid detecting sensor in the interstice for any underground storage tank installed prior to Nov. 1, 2007. Underground storage tanks installed on or after Nov. 1, 2007 are still required to have double-walled spill buckets with an electronic sensor in accordance with 15A NCAC 2N .0906.

June 2020

June 2020

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.

May 2020

May 2020

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.

April 2020

April 2020

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.

March 2020

March 2020

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

February 2020

February 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.

2019

2019

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.”

The solicitation may be viewed by clicking on the following link:

https://www.ips.state.nc.us/ips/AGENCY/PDF/13484200.pdf

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 close date for this solicitation in January 17, 2020

12/16/2019
Public comment and hearing on Proposed Readoption with Amendments in 15A NCAC 02N Underground Storage Tanks and 15A NCAC 02O Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks
The rule changes to 15A NCAC 02N are necessary to implement legislative requirements in SL 2018-114, incorporate input from stakeholders, and make technical corrections such as: formatting of rule text; updating websites; adding clarifying language; deleting sampling methods, industry standards and codes of practice, and other standard procedures that were no longer relevant and replacing them with those that are current; deleting unnecessary language and obsolete rules; and correcting grammar, cross-references, inconsistencies, authorities, etc., and as part of the readoption of the 15A NCAC 02N rules as required by G.S. 150B-21.3A (Periodic Review of Existing Rules).

The rule changes to 15A NCAC 02O are necessary to make technical corrections such as: formatting of rule text; updating websites; adding clarifying language; deleting unnecessary language and obsolete rules; and correcting grammar, cross-references, inconsistencies, authorities, etc., and as part of the readoption of the 15A NCAC 02O rules as required by G.S. 150B-21.3A (Periodic Review of Existing Rules).

Public Comment Period
Begins: December 16, 2019
Ends: February 14, 2020

Public Hearing
Date: January 14, 2020
Time: 6 p.m.
Location: 217 West Jones Street, Raleigh, NC 27699, Room 1210
The Notice of Text, proposed amendments to rules in 15A NCAC 02N, proposed amendments to rules in 15A NCAC 02O, and Regulatory Impact Analysis can be found at the links below.

Notice of Text – Filed November 20, 2019

15A NCAC 02N - Proposed Rule Text

15A NCAC 02O – Proposed Rule Text

Regulatory Impact Analysis – Approved September 19, 2019

Comments from the public shall be directed to: Andria Merritt NCDEQ/DWM/UST Section 1646 Mail Service Center Raleigh, NC 27699-1646 Phone: 919-707-8157 Fax: 919-715-1117 E-Mail: Andria.Merritt@ncdenr.gov.

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)

2018

2018

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: 

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.

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.

2017

2017




12/21/2017
REVISIONS TO TASK 2.084 -AFVR AND 7.420-MMPE

To determine the amount of contamination being removed during AFVR and MMPE events, the following changes to these two task codes are being made and go into effect the date of this memo. These tasks are subject to pre-approval by the UST Section.

  1. If an AFVR or MMPE is required following a routine groundwater sampling or gauging event and samples or gauging data have been collected within 30 days, then no pre-event samples are required. If it is not possible to schedule the AFVR or MMPE event within 30 days of the routine sampling, then the consultant may claim 4.031 for the sampling of only the monitoring or recovery well(s) on which the AFVR or MMPE is to be conducted. If free product is present in the monitoring or recovery well, then no sample is required and the gauging is already included in the AFVR and MMPE task codes.
  2. If an AFVR or MMPE is being conducted as part of an approved scheduled corrective action plan, then it should be scheduled within 30 days of the approved sampling schedule. Pre- AFVR or MMPE samples are to be collected by the consultant under task 4.031 if such sampling does not conflict with point 1. A grab sample from the monitoring or recovery well(s) on which the AFVR or MMPE is being conducted is required if more than one tanker volume is removed during the AFVR or MMPE event and is to be collected during each tanker volume change out. A sample at the end of the AFVR or MMPE is not required. The sample(s) are to be analyzed by EPA Method 602. These samples are to be collected by the MMPE operator and are part of the overall MMPE supervision and material costs.

Total mass removed is to be calculated and included with the FP recovery report along with the analytical results collected during the AFVR or MMPE.

If you have any specific questions, please submit them to Scott Ryals at scott.ryals@ncdenr.gov 

11/7/2017
Training on the Updated 2017 Reasonable Rate Scope of Work Document and Reimbursement Claim forms

The UST Section will hold training on the updated 2017 RRD and claims forms at the N.C. Department of Cultural Resources/State Library located at 109 E. Jones Street in Raleigh on Tuesday, Nov. 21 from 9 a.m. until 4 p.m. There is pay-to-park parking across from the building that is located behind the N.C. Museum of History. If you have any specific questions, please submit them to Scott Ryals at scott.ryals@ncdenr.gov  no later than 5 p.m. on Thursday, Nov. 16 so that they can be compiled and answered.

10/19/2017
Updated 2017 Reasonable Rate Scope of Work Document and Reimbursement Claim forms with an Errata Sheet

Below are links to the updated 2017 Reasonable Rate Document Scope of Work Document, Reimbursement Claim forms, and an Errata Sheet which summaries the main changes.  Some word corrections and grammatical errors have been corrected, as well as some updates to the scopes of work.

10/2/2017
Disaster Recovery Grants Program Closure Announcement

The Disaster Recovery Act of 2016 (S.L. 2016-124) provided a portion of $10 million in relief funds to the N.C. Department of Environmental Quality, Underground Storage Tank Section (NCDEQ-UST). The intent of the grant funding is to provide citizens with resources to remediate high risk petroleum and hazardous substance releases from tank systems impacted by one of the qualifying disasters.

Effective October 2, 2017, due to the reallocation of disaster recovery funds, the UST Section will no longer be accepting grant applications.

7/31/2017
Public comment and hearing on Proposed Rule Amendments in 15A NCAC 2T Section .1500 – Soil Remediation
The Division of Waste Management has taken comments from a stakeholder stating that, for closure of a soil remediation permitted facility, having a closure/cleanup based on a non-detection level of soil contamination is unreasonable. Changing the closure/cleanup to a risk-based closure/cleanup requirement requires rule changes to modify certain closure/cleanup requirements applicable to the soil remediation permitting. This change will be protective of human health and the environment and will reduce costs to some stakeholders.

Public Comment Period
Begins: August 15, 2017
Ends: October 16, 2017

Public Hearing
Date: August 30, 2017
Time: 2 p.m.
Location: Green Square Building, Room 1210

217 West Jones Street, Raleigh, NC 27699

The proposed rule amendments to 15A NCAC 2T Section .1500, Notice of Text, and Fiscal Note can be found at the links below.

Proposed Rule Amendments in 15A NCAC 2T Section .1500

Notice of Text - Filed July 25, 2017

Fiscal Note – Approved May 11, 2017

Comments from the public shall be directed to: Jeremy J. 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

7/24/2017
Public comment period is now open for the following rules under review pursuant to G.S. 150B-21.3A:

SUBCHAPTER:
15A NCAC 02L - GROUNDWATER CLASSIFICATION AND STANDARDS 15A NCAC 02N - UNDERGROUND STORAGE TANKS
15A NCAC 02O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS
15A NCAC 02P - LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUNDS

The comment period for these Subchapters is: July 21, 2017 through Sept. 27 , 2017

The public may provide comments online at: http://portal-legacy.deq.nc.gov/web/ogc/rules-review. From here, a list of subchapters under review are available on the left. Each subchapter is linked to a table that lists each rule by citation number, name, whether the rule implements or conforms to Federal Regulation and the agency’s initial determination. Clicking on the rule citation number will take the user to the rule itself. Each row has an “Add Comment” button. From here, a form will be displayed where you can enter and submit your comment by answering the required questions. The user also has the option to submit a comment by sending a document/file. Information regarding file size limitations are included. A public comment is defined as, a written comment objecting to the rule, in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public (G.S. 150B-21.3A(a)(5)). In order for a comment to be considered by the Rules Review Commission, the comment must address the content of the rule. The user may provide an affiliation in the boxes provided, although it is not required. All comments submitted will be sent electronically to authorized staff.

Comments may also be submitted by mailing to: DEQ Rule Comments, 1601 Mail Service Center, Raleigh, NC 27699

7/14/2017
Public comment and hearing on Proposed Temporary Rule Amendments in 15A NCAC 2L Section .0400
North Carolina 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.

North Carolina 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 DEQ 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.

Public Comment Period
Begins: July 14, 2017
Ends: August 11, 2017

Public Hearing
Date: July 31, 2017
Time: 1 p.m.
Location: 217 West Jones Street, Raleigh, NC 27699, Room 1210

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

Comments from the public shall be directed to: Jared M. Edwards NCDEQ/DWM/UST Section 1646 Mail Service Center Raleigh, NC 26799-1646 Phone: 919-707-8153 Fax: 919-715-1117 E-Mail: jared.edwards@ncdenr.gov.

Following the conclusion of the public comment period, the UST Section's presentation documents for the September 14, 2017 Environmental Management Commision meeting will be available at the link below.

September 14, 2017 EMC Agenda

7/7/2017
Change #7 - Figure #5 - Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases
An updated version of Figure #5 and an updated version history are now available as Change 7 to the UST Section’s guidelines for site checks, tank closure, and initial response and abatement for UST Releases (or STIRA guidelines).

This change attempts to clarify the flow chart presented in Figure #5, which improperly implied that only potable wells would be used in the risk determination for a noncommercial UST release.

Linked below are an announcement memo and standalone ‘Insert’ versions of just these two pages to incorporate into your existing copies of Change #6 of the STIRA Guidelines. Alternatively, a clean copy of the full STIRA Guidelines and Figures Change #7, including these updates, may be obtained from the last link in that list. (Note: No changes were made to the STIRA Tables or the STIRA Appendices files since Change 6.)

  1. STIRA CHANGE 7 Memo
  2. STIRA CHANGE 7 Altered Pages Only
  3. STIRA Guidelines and Figures CHANGE 7 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 by email 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.

7/7/2017
Home Heating Oil UST Flowchart
The Home Heating Oil UST Flowchart () can be found on the FAQs/Brochures/Manuals page. This flowchart is a visual generalization of the initial requirements for reporting and managing petroleum releases as described in Session Law 2015-241 Section14.16B.

5/1/2017
Change #6 - Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases
Below are three files that represent a formal change (Change #6) to the UST Section's Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases (or STIRA Guidelines). These documents will also be available on the UST Section Guidelines page.

  1. STIRA Guidelines and Figures CHANGE 6
  2. STIRA Tables CHANGE 6
  3. STIRA Appendices CHANGE 6

This final version matches the draft that was posted for public comment on March 1, 2017 with the exception of the following:

  • In response to public comments, Section 4.3 Site Check Requirements has been clarified to indicate that samples collected from all system components (i.e., tanks, lines, dispensers, sumps, pumps etc.) must be taken within 3 feet of, and no deeper than 2 feet below, the base of the system component being assessed.

Site Checks do not require the uncovering or removal of system components such as lines, dispensers, sumps, etc., and sampling immediately beneath these components by vertical boring in close proximity, or by attempting directional boring from the side, increases the potential risk of undesirable impacts to the UST system that is being tested. Accordingly, this clarification was included to accommodate sampling beyond the standard ~2' (or 24" + conduit size) tolerance zone typically recommended on either side of a marked or flagged utility line. 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 #6 to the STIRA Guidelines, the UST Section will always continue to welcome comments and recommendations to better improve our services, and will include any necessary changes to the document in any future incremental revisions to our practices and the STIRA Guidelines.

Please send all comments to Jared M. Edwards by email 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.

4/19/2017
Home Heating Oil Frequently Asked Questions 
The Home Heating Oil FAQ () has been updated and can be found on the FAQs/Brochures/Manuals page. The update removes references to the non-commercial fund as indicated by Session Law 2015-241 and provides a description of the initial requirements for reporting and managing petroleum releases as described in Session Law 2015-241 Section14.16B.

4/18/2017
New Monitoring Report Guidance and Templates
Recent changes to the 2017 Reasonable Rate Document modified the routine corrective action monitoring reports by creating a new report defined as the “Corrective Action Performance Report” (Task 6.105/6.106) and modifying the existing Monitoring Report (Task 6.090/6.091).

The following documents include a memo outlining the intent of the report revisions and providing interim templates for both of the reports. As the Section staff works towards a comprehensive update of the existing Guidelines for Assessment and Corrective Action for UST Releases later this year, any questions about the effective creation and use of these reports, as well as any feedback on how the templates can be improved improve the templates for use in final version of the Guidelines. Please contact your Regional Office, or Jared M. Edwards in the UST Section Central Office at 919‑707‑8153 or jared.edwards@ncdenr.gov, to offer suggestions or seek assistance with any of these documents.

Memo - Working Template for 2017 Reasonable Rate Document Task 6.090/6.091
Monitoring Reports and Task 6.105/6.106 Corrective Action Performance Reports

Revised Monitoring Report Templates

4/18/2017
Changes to UST webpage links
The links for all Division of Waste Management-UST Section webpages have recently been changed. We are actively working to ensure that all links are redirecting properly. If you are experiencing trouble with any of links on the UST Section’s webpages please contact Linda Smith at linda.l.smith@ncdenr.gov.




2016

2016




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.