[Federal Register Volume 66, Number 116 (Friday, June 15, 2001)]
[Rules and Regulations]
[Pages 32566-32571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14895]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-6976-5]
Underground Storage Tank Program: Approved State Program for
North Carolina
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Resource Conservation and Recovery Act (RCRA) of 1976, as
amended, authorizes the Environmental Protection Agency (EPA) to grant
approval to states to operate their underground storage tank programs
in lieu of the Federal program. Part 282 codifies EPA's decision to
approve state programs and incorporates by reference those provisions
of the state statutes and regulations that will be subject to EPA's
inspection and enforcement authorities under sections 9005 and 9006 of
RCRA subtitle I and other applicable statutory and regulatory
provisions. This rule codifies in part 282 the prior approval of North
Carolina's underground storage tank program and incorporates by
reference appropriate provisions of the State's statutes and
regulations.
DATES: This regulation is effective August 14, 2001, unless EPA
publishes a prior Federal Register document withdrawing this immediate
final rule. All comments on the codification of North Carolina's
underground storage tank program must be received by the close of
business July 16, 2001. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register, as of August 14, 2001, in accordance with 5
U.S.C. 552(a).
ADDRESSES: Comments may be mailed to Mr. John K. Mason, Chief,
Underground Storage Tank Section, U.S. EPA Region 4, Sam Nunn Federal
Center, 61 Forsyth Street SW., 15th Floor Tower, Atlanta, Georgia
30303. Comments received by EPA may be inspected in the Underground
Storage Tank Section, located at EPA Region 4 Library from 8 a.m. to 4
p.m., Monday through Friday, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John K. Mason, Chief, Underground
Storage Tank Section, U.S. EPA Region 4, Sam Nunn Federal Center, 61
Forsyth Street S.W., Atlanta, Georgia 30303, phone number: (404) 562-
9441.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act (RCRA)
of 1976, as amended, 42 U.S.C. 6991c, allows the Environmental
Protection Agency (EPA) to approve state underground storage tank
programs to operate in the state in lieu of the Federal underground
storage tank program. EPA is publishing elsewhere in this issue a
Federal Register document announcing its decision to grant approval to
North Carolina. Approval is effective on August 14, 2001.
EPA codifies its approval of state programs in 40 CFR part 282 and
incorporates by reference therein the state statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of North Carolina's
underground storage tank program. This codification reflects the state
program in effect at the time EPA granted North Carolina approval under
section 9004(a), 42 U.S.C. 6991c(a) for its underground storage tank
program. Notice and opportunity for comment were provided earlier on
the Agency's decision to approve the North Carolina program, and EPA is
not now reopening that decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved North
Carolina program and by amending the Code of Federal Regulations
whenever a new or different set of requirements is approved in North
Carolina, the status of Federally approved requirements of the North
Carolina program will be readily discernible.
To codify EPA's approval of North Carolina's underground storage
tank program, EPA has added section 282.83 to title 40 of the CFR.
Section 282.83 incorporates by reference for enforcement purposes the
State's statutes and regulations. Section 282.83 also references the
Attorney General's Statement, Demonstration of Adequate Enforcement
Procedures, the Program Description, and the Memorandum of Agreement,
which are approved as part of the underground storage tank program
under subtitle I of RCRA.
The Agency retains the authority under sections 9005 and 9006 of
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions in approved states. With respect to such an
enforcement action, the Agency will rely on Federal sanctions, Federal
inspection authorities, and Federal
[[Page 32567]]
procedures rather than the state authorized analogues to these
provisions. Therefore, the approved North Carolina enforcement
authorities will not be incorporated by reference. Section 282.83 lists
those approved North Carolina authorities that would fall into this
category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the Federally
approved state program. These non-approved provisions are not part of
the RCRA subtitle I program because they are ``broader in scope'' than
subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, state
provisions which are ``broader in scope'' than the Federal program are
not incorporated by reference for purposes of enforcement in part 282.
Section 282.83 of the codification simply lists for reference and
clarity the North Carolina statutory and regulatory provisions which
are ``broader in scope'' than the Federal program and which are not,
therefore, part of the approved program being codified today. ``Broader
in scope'' provisions cannot be enforced by EPA; the State, however,
will continue to enforce such provisions.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local or tribal
governments or the private sector. It does not impose new or additional
enforceable duties on any State, local or tribal governments or the
private sector. This rule merely incorporates by reference certain
existing State underground storage tank program requirements which EPA
previously approved and with which regulated entities must already
comply. Further, the UMRA generally excludes from the definition of
``Federal intergovernmental mandate'' duties that arise from
participation in a voluntary Federal program. The requirements being
codified today are the result of North Carolina's voluntary
participation in EPA's state program approval process under RCRA
Subtitle I. Thus, today's rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
In addition, EPA has determined that this rule contains no
regulatory requirements that might significantly or uniquely affect
small governments. Although small governments may own and/or operate
underground storage tanks, this codification incorporates into the CFR
North Carolina's underground storage tank program requirements which
EPA already approved under 40 CFR Part 281. Small governments are not
subject to any additional significant or unique requirements by virtue
of this action. Thus, the requirements of section 203 of the UMRA also
do not apply to today's rule.
Regulatory Flexibility Act (RFA) (as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601
et seq.)
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's action on small
entities, small entity is defined as: (1) A small business as specified
in the Small Business Administration regulations; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
does not impose any new requirements on small entities because small
entities that own and/or operate underground storage tanks are already
subject to the State underground storage tank program requirements
which EPA is now incorporating by reference.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the United States prior
to publication of the rule in today's Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
Compliance With Executive Order 13045 (Children's Health)
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any rule that: (1) The
Office of Management and Budget determines is ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria,
[[Page 32568]]
the Agency must evaluate the environmental health or safety effects of
the planned rule on children and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it is not
an economically significant rule as defined by Executive Order 12866,
and because it does not involve decisions based on environmental health
or safety risks.
Compliance With Executive Order 13175 (Consultation and
Coordination With Indian Tribal Governments)
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This rule is not subject to Executive Order 13175 because it does not
significantly or uniquely affect the communities of Indian tribal
governments. This rule merely incorporates by reference the North
Carolina underground storage tank program requirements that EPA has
already approved. North Carolina is not approved to implement the RCRA
underground storage tank program in Indian country. This action has no
effect on the underground storage tank program that EPA implements in
the Indian country within the State. Thus, Executive Order 13175 does
not apply to this rule.
Compliance With Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.''
``Policies that have Federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has Federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has Federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This action does not have Federalism implications. It will not have
a substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, because it affects only one State. Further,
this action simply incorporates by reference the State's already
approved underground storage tank program requirements. Thus, the
requirements of section 6 of the Executive Order do not apply.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: April 26, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
For the reasons set forth in the preamble, 40 CFR Part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Subpart B--Approved State Programs
2. Subpart B is amended by adding Sec. 282.83 to read as follows:
Sec. 282.83 North Carolina State-Administered Program.
(a) The State of North Carolina is approved to administer and
enforce an underground storage tank program in lieu of the Federal
program under subtitle I of the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program,
as administered by the North Carolina Department of Environment and
Natural Resources, Division of Waste Management, UST Section, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
chapter. EPA approved the North Carolina program on April 26, 2001 with
an effective date of August 14, 2001.
(b) North Carolina has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its inspection and enforcement authorities under sections 9005
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as
under other statutory and regulatory provisions.
[[Page 32569]]
(c) To retain program approval, North Carolina must revise its
approved program to adopt new changes to the Federal subtitle I program
which make it more stringent, in accordance with section 9004 of RCRA,
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If North Carolina
obtains approval for the revised requirements pursuant to section 9004
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory
provisions will be added to this subpart and notice of any change will
be published in the Federal Register.
(d) North Carolina has final approval for the following elements
submitted to EPA in the State's program application for final approval
and approved by EPA on April 26, 2001. Copies may be obtained from the
North Carolina Department of Environment and Natural Resources,
Division of Waste Management, UST Section, 2728 Capital Blvd., Raleigh,
NC 27604.
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) North Carolina Statutory Requirements Applicable to the
Underground Storage Tank Program, 1997.
(B) North Carolina Regulatory Requirements Applicable to the
Underground Storage Tank Program, 1997 and 1998.
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include:
(1) General Statutes of North Carolina, Chapter 143--State Departments,
Institutions, and Commissions; Article 21, Water and Air Resources
Sec. 143-215.6A Enforcement procedures: civil penalties
Sec. 143-215.6B Enforcement procedures: criminal penalties
Sec. 143-215.6C Enforcement procedures: injunctive relief
(2) General Statutes of North Carolina, Chapter 143--State Departments,
Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous
Substances Control
Sec. 143-215.79 Inspections and investigations; entry upon property
Sec. 143-215.88A Enforcement procedures: civil penalties
Sec. 143-215.88B Enforcement procedures: criminal penalties
Sec. 143-215.91A Limited liability for volunteers in oil and hazardous
substance abatement
Sec. 143-215.94 Joint and several liability
Sec. 143-215.94F Limited amnesty
Sec. 143-215.94G Authority of the Department to engage in cleanups;
actions for fund reimbursement (Insofar as (e) outlines enforcement
authorities.)
Sec. 143-215.94K Enforcement
Sec. 143-215.94W Enforcement procedures: civil penalties
Sec. 143-215.94Y Enforcement procedures: criminal penalties
Sec. 143-215.94Z Enforcement procedures: injunctive relief
(3) General Statutes of North Carolina, Chapter 143B--Executive
Organization Act of 1973
Sec. 143B-282 Environmental Management Commission--Creation; powers
and duties
Sec. 143B-282.1 Environmental Management Commission--quasi-judicial
powers; procedures
(4) General Statutes of North Carolina, Chapter 150B--Administrative
Procedure Act
Sec. 150B-23 Commencement; assignment of administrative law judge;
hearing required; notice; intervention
(5) General Statutes of North Carolina, Chapter 1A--Rules of Civil
Procedure
Rule 24 Intervention
(B) The regulatory provisions include:
(1) North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2N,
Underground Storage Tanks
Section .0100 General Considerations (Insofar as .0101(c) provides
inspection and enforcement authority.)
(2) North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial
Responsibility Requirements for Owners and Operators of Underground
Storage Tanks
Section .0100 General Considerations (Insofar as .0101(c) provides
inspection and enforcement authority.)
(3) North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking
Petroleum Underground Storage Tank Cleanup Funds
Section .0100 General Considerations (Insofar as .0101(d) provides
inspection and enforcement authority.)
(iii) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
(A) The statutory provisions include:
(1) General Statutes of North Carolina, Chapter 143--State Departments,
Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous
Substances Control
Sec. 143-215.83 Discharges (Insofar as (c) addresses permit
requirements.)
Sec. 143-215.92 Lien on vessel (Insofar as it addresses vessels, which
are not regulated by the Federal program.)
Sec. 143-215.94A Definitions (Insofar as .94A(2) subjects certain
heating oil tanks and the piping connected to otherwise excluded tanks
to the regulatory requirements.)
Sec. 143-215.94C Commercial leaking petroleum underground storage tank
cleanup fees (Insofar as it establishes annual operating fees.)
Sec. 143-215.94U Registration of petroleum commercial underground
storage tanks; operation of petroleum underground storage tanks;
operating permit required (Insofar as it requires owners and operators
to obtain operating permits and pay operating fees for their tanks, and
imposes requirements on individuals other than UST owners and
operators.)
(B) The regulatory provisions include:
(1) North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2N,
Underground Storage Tanks
Section .0200 Program Scope and Interim Prohibition (Insofar as .0201
subjects USTs containing de minimis concentrations of regulated
substances to closure requirements)
Section .0800 Out-of-Service UST Systems and Closure Insofar as .0802
subjects USTs containing de minimis concentrations of regulated
substances to closure requirements)
(2) North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial
Responsibility Requirements for Owners and Operators of Underground
Storage Tanks
Section .0200 Program Scope (Insofar as .0203(b)(1) defines ``annual
operating fee'')
Section .0400 Responsibilities of Owners and Operators (Insofar as
[[Page 32570]]
.0402(b)(2) addresses annual operating fee requirements.)
(3) North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking
Petroleum Underground Storage Tank Cleanup Funds
Section .0200 Program Scope (Insofar as .0201(a) and (b) and .0202
(b)(1) relate to annual operating fees.)
Section .0300 Annual Operating Fees (Insofar as .0301 sets forth
annual operating fee requirements.)
Section .0400 Reimbursement Procedure (Insofar as .0401(b) relates to
annual operating fees.)
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the State Attorney General on
January 5, 1998, though not incorporated by reference, is referenced as
part of the approved underground storage tank program under subtitle I
of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of North Carolina to EPA,
August 11, 1998, though not incorporated by reference, is referenced as
part of the approved underground storage tank program under subtitle I
of RCRA, 42 U.S.C. 6991 et seq.
(iii) Letter from the Attorney General of North Carolina to EPA,
September 24, 1998, though not incorporated by reference, is referenced
as part of the approved underground storage tank program under subtitle
I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on December 19, 1997, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application on December 19,
1997, though not incorporated by reference, are referenced as part of
the approved underground storage tank program under subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 4 and the North Carolina Department of Environment and
Natural Resources, Division of Waste Management, UST Section, signed by
the EPA Regional Administrator on July 29, 1999, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
3. Appendix A to Part 282 is amended by adding in alphabetical
order ``North Carolina'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
North Carolina
(a) The statutory provisions include:
General Statutes of North Carolina, Chapter 143--State Departments,
Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous
Substances Control
Sec. 143-215.75 Title
Sec. 143-215.76 Purpose
Sec. 143-215.77 Definitions
Sec. 143-215.77A Designation of hazardous substances and
determination of quantities which may be harmful
Sec. 143-215.78 Oil pollution control program
Sec. 143-215.80 Confidential information
Sec. 143-215.81 Authority supplemental
Sec. 143-215.82 Local ordinances
Sec. 143-215.83 Discharges (Except insofar as (c) addresses permit
requirements.)
Sec. 143-215.84 Removal of prohibited discharges
Sec. 143-215.85 Required notice
Sec. 143-215.86 Other State agencies and State-designated local
agencies
Sec. 143-215.87 Oil or Other Hazardous Substances Pollution
Protection Fund
Sec. 143-215.88 Payment to State agencies or State-designated local
agencies
Sec. 143-215.89 Multiple liability for necessary expenses
Sec. 143-215.90 Liability for damage to public resources
Sec. 143-215.93 Liability for damage caused
Sec. 143-215.93A Limitation on liability of persons engaged in
removal of oil discharges
Sec. 143-215.94A Definitions (Except insofar as .94A(2) subjects
certain heating oil tanks and the piping connected to otherwise
excluded tanks to the regulatory requirements.)
Sec. 143-215.94B Commercial Leaking Petroleum Underground Storage
Tank Cleanup Fund
Sec. 143-215.94D Noncommercial Leaking Petroleum Underground
Storage Tank Cleanup Fund
Sec. 143-215.94E Rights and obligations of the owner and operator
Sec. 143-215.94G Authority of the Department to engage in cleanups;
actions for fund reimbursement (Except insofar as (e) outlines
enforcement authorities.)
Sec. 143-215.94H Financial responsibility
Sec. 143-215.94I Insurance pools authorized; requirements
Sec. 143-215.94J Limitation of liability of the State of North
Carolina
Sec. 143-215.94L Adoption of rules; administrative procedure; short
title; miscellaneous provisions
Sec. 143-215.94M Reports
Sec. 143-215.94N Applicability
Sec. 143-215.94O Petroleum Underground Storage Tank Funds Council
Sec. 143-215.94P Groundwater Protection Loan Fund
Sec. 143-215.94T Adoption and implementation of regulatory program
Sec. 143-215.94V Standards for petroleum underground storage tank
cleanup
(b) The regulatory provisions include:
North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2L:
Groundwater Classification and Standards
1. Section .0100 General Considerations
.0101 Authorization
.0102 Definitions
.0103 Policy
.0104 Restricted Designation (RS)
.0105 Adoption by Reference (Repealed)
.0106 Corrective Action
.0107 Compliance Boundary
.0108 Review Boundary
.0109 Delegation
.0110 Monitoring
.0111 Reports
.0112 Analytical Procedures
.0113 Variance
.0114 Notification Requirements
.0115 Risk-Based Assessment and Corrective Action for Petroleum
Underground Storage Tanks
2. Section .0200 Classifications and Groundwater Quality Standards
.0201 Groundwater Classifications
.0202 Groundwater Quality Standards
3. Section .0300 Assignment of Underground Water Classifications
.0301 Classifications: General
.0302 Statewide
.0303 Broad River Basin
.0304 Cape Fear River Basin
.0305 Catawba River Basin
.0306 Chowan River Basin
.0307 French Broad River Basin
.0308 Hiwassee River Basin
.0309 Little Tennessee River Basin
.0310 Savannah River Basin
.0311 Lumber River Basin
.0312 Neuse River Basin
.0313 New-Watauga River Basin
.0314 Pasquotank River Basin
.0315 Roanoke River Basin
.0316 Tar Pamlico River Basin
.0317 White Oak River Basin
.0318 Yadkin-Pee Dee River Basin
.0319 Reclassification
North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2N,
Underground Storage Tanks
1. Section .0100 General Provisions
.0101 General (Except insofar as .0101(c) provides inspection and
enforcement authority.)
.0102 Copies of referenced Federal regulations
.0103 Adoption by reference updates
.0104 Identification of tanks
2. Section .0200 Program Scope and Interim Prohibition
.0201 Applicability (Except insofar as it subjects USTs containing
de minimis
[[Page 32571]]
concentrations of regulated substances to closure requirements)
.0202 Interim prohibition for deferred UST systems
.0203 Definitions
3. Section .0300 UST Systems: Design, Construction, Installation, and
Notification
.0301 Performance standards for new UST systems
.0302 Upgrading of existing UST systems
.0303 Notification requirements
4. Section .0400 General Operating Requirements
.0401 Spill and overfill control
.0402 Operation and maintenance of corrosion protection
.0403 Compatibility
.0404 Repairs allowed
.0405 Reporting and recordkeeping
5. Section .0500 Release Detection
.0501 General requirements for all UST systems
.0502 Requirements for petroleum UST systems
.0503 Requirements for hazardous substance UST systems
.0504 Methods of release detection for tanks
.0505 Methods of release detection for piping
.0506 Release detection recordkeeping
6. Section .0600 Release Reporting, Investigation, and Confirmation
.0601 Reporting of suspected releases
.0602 Investigation due to off-site impacts
.0603 Release investigation and confirmation steps
.0604 Reporting and cleanup of spills and overfills
7. Section .0700 Release Response and Corrective Action for UST
Systems Containing Petroleum or Hazardous Substances
.0701 General
.0702 Initial response
.0703 Initial abatement measures and site check
.0704 Initial site characterization
.0705 Free product removal
.0706 Investigations for soil and ground water cleanup
.0707 Corrective action plan
.0708 Public participation
8. Section .0800 Out-of-Service UST Systems and Closure
.0801 Temporary closure
.0802 Permanent closure and changes-in-service (Except insofar as
it subjects USTs containing de minimis concentrations of regulated
substances to closure requirements)
.0803 Assessing the site at closure or change-in-service
.0804 Applicability to previously closed UST systems
.0805 Closure records
North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial
Responsibility Requirements for Owners and Operators of Underground
Storage Tanks
1. Section .0100 General Considerations
.0101 General (Except insofar as .0101(c) provides inspection and
enforcement authority.)
.0102 Copies of referenced Federal regulations
.0103 Substituted sections
2. Section .0200 Program Scope
.0201 Applicability
.0202 Compliance dates
.0203 Definitions (Except insofar as (b)(1) defines ``annual
operating fee'')
.0204 Amount and scope of required financial responsibility
3. Section .0300 Assurance Mechanisms
.0301 Allowable mechanisms and combinations of mechanisms
.0302 Self insurance
.0303 Guarantee
.0304 Insurance and risk retention group coverage
.0305 Surety bond
.0306 Letter of credit
.0307 Standby trust fund
.0308 Insurance pools
.0309 Substitution of financial assurance mechanisms
.0310 Cancellation or nonrenewal by a provider of assurance
4. Section .0400 Responsibilities of Owners and Operators
.0401 Reporting by owner or operator
.0402 Record keeping (Except insofar as (b)(2) addresses annual
operating fee requirements.)
5. Section .0500 Changes in Status
.0501 Drawing on financial assurance mechanisms
.0502 Release from the requirements
.0503 Incapacity of owner or operator or provider of assurance
.0504 Replenishment
North Carolina Administrative Code, Title 15A--Department of
Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking
Petroleum Underground Storage Tank Cleanup Funds
1. Section .0100 General Considerations
.0101 General (Except insofar as .0101(d) provides inspection and
enforcement authority.)
.0102 Copies of rules incorporated by reference
.0103 False or misleading information
2. Section .0200 Program Scope
.0201 Applicability (Except insofar as .0201(a) and (b) relate to
annual operating fees.)
.0202 Definitions (Except insofar as .0202 (b)(1) relates to annual
operating fees.)
3. Section .0300 Annual Operating Fees
.0302 Notification
4. Section .0400 Reimbursement Procedure
.0401 Eligibility of owner or operator (Except insofar as .0401(b)
relates to annual operating fees.)
.0402 Cleanup costs
.0403 Third party claims
.0404 Requests for reimbursement
.0405 Method of reimbursement
.0406 Reimbursement apportionment
.0407 Final action
[FR Doc. 01-14895 Filed 6-14-01; 8:45 am]
BILLING CODE 6560-50-P