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Stone, Carrie
From:Stone, Carrie
Sent:Friday, May 20, 2022 12:09 PM
To:pbraswellisler@gmail.com
Subject:Home Heating Oil Underground Storage Tank Closure Requirements
Attachments:Brochure-NonReg UST.PDF
Patty,
It was nice speaking with you.
Thank you for calling to inquire about Heating Oil Underground Storage Tank (UST) Closure Requirements.
As we spoke about, Heating Oil USTs are considered Non Regulated tanks and are exempt from closure
requirements. The state does not require anything to be done unless there is evidence of a release (observation,
testing, hole in the tank, stained soil, petroleum sheen on water, etc.). Though not required the tank owner is strongly
advised to empty a tank once it is no longer being used in order to limit the chance of a release.
Closure requirements for USTs means removing the tank from the ground or filling the empty tank with a solid, inert
material such as sand, foam or cement. If no contamination is observed then our office does not have to be notified.
If you choose to remove the UST and observe contamination then you are required to report the contamination to us
within 24 hours, properly close, handle, and dispose of any petroleum contaminated soil if excavated.
Once contamination is reported, our office will determine if the release meets the requirements for a Low or High Risk
Classification.
Low Risk
If the site meets the criteria for a Low Risk Classification (no supply wells are present within 150 feet and no free phase
petroleum product is observed within 30 feet of a property boundary) and no sampling has been done (only
observation), then a Notice of Residual Petroleum would need to be filed with the Registrar of Deeds office prior to
issuance of a No Further Action (NFA) letter. A Notice of Residual Petroleum contains land use restrictions which
basically state that a water supply/irrigation well must not be installed on the property and the area in the immediate
vicinity of the release should not be disturbed. If excavation is required in that area for future projects/construction, soil
will need to be disposed of properly.
If testing was done and results are less than the action levels our office would issue a No Further Action letter. Please
note that if the groundwater table in your area is shallow it may be necessary to sample groundwater also if a No
Further Action Letter is requested.
High Risk
If contamination is found, either through observation or sampling, and a water supply well is located within 150 feet of
the tank or free phase product is observed in the soil or groundwater within 30 feet of a property boundary, then we
would assign the site a high risk classification. Additional assessment will likely be required. This could involve sampling
of soil and/or groundwater to determine if additional excavation is needed. If there is a well within 150’ and
abandonment/closure of the well is an option, the rank may be lowered, and filing of the Notice of Residual Petroleum
would be required prior to issuance of a No Further Action Letter.
2
To summarize, the State does not require that anything be done unless you see evidence of a release from the tank. If
you do want to properly close the tank, you can close it in place by emptying/pumping the contents and filling it with an
inert substance or remove the tank from the ground. A contractor may be able to provide you with documentation of
tank closure. If no contamination is observed, it does not need to be reported to our office. If contamination is found, it
should be reported to our office and we will direct what is required. Please note that our office cannot provide
documentation of a "clean closure" or No Further Action status without testing of the soil and groundwater or filing of
a Notice of Residual Petroleum.
We have a few consultants in the area who deal with closure/sampling of home heating oil underground storage
tanks. They may be able to provide you with a contractor who can close the tank in place if that is the route you choose.
I would recommend calling a few of them to inquire about costs.
Allied Environmental Services, LLC
Greenville, NC
252‐758‐3311
Labrador Environmental
TJ Benthall
Williamston, NC
252‐508‐4509
Terracon Consultants, Inc.
Winterville, NC
252‐353‐1600
If you have questions, please feel free to contact me via the email or telephone number listed below.
Carrie
Carrie Stone
Hydrogeologist, Washington Regional Office
Division of Waste Management - UST Section
North Carolina Department of Environmental Quality
252.946.6481 (Office)
carrie.chapman.stone@ncdenr.gov
Mailing Address:
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
ALL UST ARCHIVED FILES CAN BE FOUND ON THE FOLLOWING LINK:
https://deq.nc.gov/about/divisions/waste-management/laserfiche
Link to Leaking UST GIS MAP: USE MAP FOR LOCATING UST SITES ACROSS THE STATE: https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-maps/rust-map
NON-REGULATED
UNDERGROUND STORAGE TANKS
Most underground storage tanks (USTs) are regulated, which means they must be monitored for
leaks, be protected from corrosion, and have spill and overfill prevention equipment. When
regulated tanks are no longer being used, a site assessment must be performed and the tank must
be either removed from the ground or permanently closed in place. However, there are a few
notable exceptions to these regulations.
USTs That Are Not Regulated
All heating oil tanks are exempt from the regulations if used for consumptive use on the premises
where stored. (Heating oil tanks used for resale of fuel are not exempt.)
Farm or residential motor fuel tanks (such as those containing gasoline or diesel fuel) 1,100
gallons or less in capacity are not regulated.
All USTs under 110 gallons in capacity are not regulated.
Heating Oil Tanks
USTs that are considered heating oil tanks:
USTs that store heating oil for consumptive use on the property where they are located are
considered heating oil tanks and, therefore, are exempt from the technical regulations.
Heating oil is defined as: petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light,
No. 5-heavy, No. 6 technical grades of fuel, and other residential fuel oils (including Navy Special
Fuel Oil and Bunker C). Heating oil is typically used in the operation of heating equipment, boilers,
or furnaces.
Kerosene can also be considered as heating oil. USTs containing kerosene are not regulated if
used on the premises where stored for heating purposes and not used for resale.
Heating oil tanks are considered commercial USTs if they are greater than 1,100 gallons in
capacity (unless they serve four or fewer households).
Although heating oil tanks are not regulated, commercial heating oil tanks must be registered,
annual tanks fees must be paid, and an operating permit must be obtained in order to receive fuel.
For more information about how to register a commercial UST, call the appropriate Division of
Waste Management (DWM) regional office (see map) or call the DWM central office.
Farm and Residential USTs
Farm tanks are tanks that are located on land devoted to the production of crops or raising
animals.
Residential tanks are tanks located on non-commercial property used primarily for dwelling
purposes.
To be considered exempt from the regulations, both farm and residential tanks must be 1,100
gallons or less in capacity and used for non-commercial purposes. For example, tanks located
on farm or residential property but used for fuel resale are not exempt from the regulations.
Spills and Leaks from Non-Regulated USTs
Reporting releases:
Any release must be reported to the appropriate DWM regional office immediately after
discovery. If contamination occurs, cleanup will be required.
Abandoned Non-Regulated USTs
Closure:
The State of North Carolina does not require that non-regulated USTs be removed from the ground
once they are no longer in operation. However, a tank owner is advised to empty a non-regulated
tank once it is no longer being used to limit the chances of a release.
*Potential buyers are sometimes reluctant to buy property with USTs. Therefore, although tank
owners are not required to remove non-regulated tanks, it may be a good idea in the interests of
resale.
For More Information
Contact your regional DWM office (see map)
Or
Contact the DWM central office at:
NCDEQ
Division of Waste Management
UST Section
1646 Mail Service Center
Raleigh NC 27699-1646
(919) 707-8200
The purpose of this brochure is for general guidance. More specific information on UST
regulations can be found in 15A NCAC 2N, 2P, and G.S. 143-215.94.