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)
Non-Commercial H-2000 and above (effective 9/18/2015)


Energy Policy Act data for the federal fiscal year 2015-2016 (pdf)

Updates

October 2017

October 2017

10/5/2017
Online Primary Operator Training available through NC DEQ

The UST Section has developed its own online Primary Operator training that is now available for those individuals who cannot attend the training in person. The instructions to access and complete the training can be found at the following link: NCDEQ Online Instructions. Register for one of the other options for Primary Operator training. 

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.

April-September 2017

April-September 2017

9/13/2017
Updated UST inspection and testing forms

The UST Section has updated several UST forms to meet the requirements listed in the recent changes to the UST regulations.

UST-6D/23A UST-6D/23A UST-6D/23A form
UST-6F/23B UST-6F/23B UST-6F/23B form
UST-22A UST-22A UST-22A form
UST-22B UST-22B UST-22B form
UST-22C UST-22C UST-22C form
UST-27 UST-27 UST-27 form

9/1/2017
Instructions for completing UST-6 application to install or replace USTs
The UST Section has updated the UST-6, instructions for completing UST-6 application to install or replace USTs.

 UST-6 form Instructions 

8/21/2017
UST-6, Application to Install or Replace Underground Storage Tank Systems (Pre/Post-Installation) Form
The UST Section has updated the UST-6, Application to Install or Replace UST Systems (Pre/Post-Installation form). All new applications submitted should be on this form.

UST-6 formUST-6-TOPRUST-6-TOPR

8/17/2017
UST Post-Installation – Temporary Operating Permit Request
The UST Section has implemented a process for facilities that have installed new tanks and piping to request a temporary operating permit be issued but that have not received final approval of their UST-6 post-installation design plans. This request is only for standard motor vehicle fueling facilities typically found at convenience stores. More complex UST system facilities, such as truck stops, emergency generator systems, aircraft fueling systems, airport car rental systems and installations that have had significant changes to the approved design plans do not qualify for this request. To submit a request, you will need to complete the UST-6-TOPR form below, and attach all the applicable testing documents listed on the form and submit by email to UST-Installation@ncdenr.gov.

UST-6-TOPR, UST Post-Installation - Temporary Operating Permit RequestUST-6-TOPRUST-6-TOPR

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.

5/1/2017
Fact Sheet on the June 2017 changes to 15A NCAC 2N
The U.S. Environmental Protection Agency updated the federal underground storage tank (UST) regulation 40 CFR Part 280 on July 15, 2015. Therefore, North Carolina’s UST rules, 15A NCAC 02N Criteria and Standards Applicable to Underground Storage Tanks, have been updated and the changes will become effective on June 1, 2017. The UST Section has prepared a fact sheet summarizing the new requirements for UST systems, including a table that lists due dates for the new requirements. Two of the requirements will go into effect immediately on June 1, 2017:  

  • Flow restrictors (ball float valves) can no longer be used as an overfill prevention method when replacing or installing a new overfill prevention device.
  • Statistical Inventory Reconciliation (SIR) must be conducted in a way that determines the leak status of a UST within a 30-day monitoring period.

Feel free to contact the UST Section (919-707-8171) with any questions.

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.