(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.
(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
§ 143-215.6A Enforcement procedures: civil penalties
§ 143-215.6B Enforcement procedures: criminal penalties
§ 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
§ 143-215.79 Inspections and investigations; entry upon property
§ 143-215.88A Enforcement procedures: civil penalties
§ 143-215.88B Enforcement procedures: criminal penalties
§ 143-215.91A Limited liability for volunteers in oil and hazardous substance abatement
§ 143-215.94 Joint and several liability
§ 143-215.94F Limited amnesty
§ 143-215.94G Authority of the Department to engage in cleanups; actions for fund reimbursement (Insofar as (e) outlines enforcement authorities.)
§ 143-215.94K Enforcement
§ 143-215.94W Enforcement procedures: civil penalties
§ 143-215.94Y Enforcement procedures: criminal penalties
§ 143-215.94Z Enforcement procedures: injunctive relief
(3) General Statutes of North Carolina, Chapter 143B - Executive Organization Act of 1973
§ 143B-282 Environmental Management Commission - Creation; powers and duties
§ 143B-282.1 Environmental Management Commission - quasi-judicial powers; procedures
(4) General Statutes of North Carolina, Chapter 150B - Administrative Procedure Act
§ 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
§ 143-215.83 Discharges (Insofar as (c) addresses permit requirements.)
§ 143-215.92 Lien on vessel (Insofar as it addresses vessels, which are not regulated by the Federal program.)
§ 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.)
§ 143-215.94C Commercial leaking petroleum underground storage tank cleanup fees (Insofar as it establishes annual operating fees.)
§ 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 ResponsibilityRequirements 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 .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.
[66 FR 32568, June 15, 2001]