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HomeMy WebLinkAboutAttachmentA_15A_NCAC_02N_RRCPeriodicReviewReportRule Section Rule Citation Rule Name Date and Last Agency Action on the Rule Agency Determination [150B- 21.3A(c)(1)a] Implements or Conforms to Federal Regulation [150B-21.3A(e)]Federal Regulation Citation Public Comment Received [150B- 21.3A(c)(1)] Agency Determination Following Public Comment [150B-21.3A(c)(1)] RRC Determination of Public Comments [150B- 21.3A(c)(2) RRC Final Determination of Status of Rule for Report to APO [150B- 21.3A(c)(2)] OAH Next Steps SECTION .0100 ‑ GENERAL CONSIDERATIONS 15A NCAC 02N .0101 GENERAL Amended Eff. June 1, 2017 Necessary without substantive public interest No No Necessary without substantive public interest No comments with merit Necessary without substantive public interest and should remain in effect without further action Keep in Code - Update History Note 15A NCAC 02N .0102 COPIES OF REFERENCED FEDERAL REGULATIONS Amended Eff. June 1, 2017 Necessary without substantive public interest No No Necessary without substantive public interest No comments with merit Necessary without substantive public interest and should remain in effect without further action Keep in Code - Update History Note 15A NCAC 02N .0104 IDENTIFICATION OF TANKS Amended Eff. June 1, 2017 Necessary without substantive public interest No No Necessary without substantive public interest No comments with merit Necessary without substantive public interest and should remain in effect without further action Keep in Code - Update History Note SECTION .0200 ‑ PROGRAM SCOPE AND INTERIM PROHIBITION 15A NCAC 02N .0201 APPLICABILITY Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.10 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0202 INTERIM PROHIBITION FOR DEFERRED UST SYSTEMS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.11 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0203 DEFINITIONS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.12 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt SECTION .0300 - UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION 15A NCAC 02N .0301 PERFORMANCE STANDARDS FOR UST SYSTEM INSTALLATIONS OR REPLACEMENTS COMPLETED AFTER Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.20 Yes Necessary with substantive public interest RRC not required to review comment(s) Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0302 UPGRADING OF EXISTING UST SYSTEMS AFTER DECEMBER 22, 1988 AND BEFORE NOVEMBER 1, 2007 Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.21 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0303 NOTIFICATION REQUIREMENTS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.22 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0304 IMPLEMENTATION SCHEDULE FOR PERFORMANCE STANDARDS FOR NEW UST SYSTEMS AND UPGRADING Amended Eff. June 1, 2017 Necessary with substantive public interest No Yes Necessary with substantive public interest RRC not required to review comment(s) Necessary with substantive public interest and must be readopted Agency must readopt SECTION .0400 ‑ GENERAL OPERATING REQUIREMENTS 15A NCAC 02N .0401 SPILL AND OVERFILL CONTROL Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.30 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0402 OPERATION AND MAINTENANCE OF CORROSION PROTECTION Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.31 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0403 COMPATIBILITY Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.32 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0404 REPAIRS ALLOWED Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.33 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0405 REPORTING AND RECORDKEEPING Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.34 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt G.S. 150B-21.3A Report for 15A NCAC 02N, UNDERGROUND STORAGE TANKS Comment Period - July 21, 2017 - September 27, 2017 Date Submitted to APO - February 19, 2018 Agency - Environmental Management Commission A1 Rule Section Rule Citation Rule Name Date and Last Agency Action on the Rule Agency Determination [150B- 21.3A(c)(1)a] Implements or Conforms to Federal Regulation [150B-21.3A(e)]Federal Regulation Citation Public Comment Received [150B- 21.3A(c)(1)] Agency Determination Following Public Comment [150B-21.3A(c)(1)] RRC Determination of Public Comments [150B- 21.3A(c)(2) RRC Final Determination of Status of Rule for Report to APO [150B- 21.3A(c)(2)] OAH Next Steps G.S. 150B-21.3A Report for 15A NCAC 02N, UNDERGROUND STORAGE TANKS Comment Period - July 21, 2017 - September 27, 2017 Date Submitted to APO - February 19, 2018 Agency - Environmental Management Commission SECTION .0500 ‑ RELEASE DETECTION 15A NCAC 02N .0501 GENERAL REQUIREMENTS FOR ALL UST SYSTEMS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.40 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0502 REQUIREMENTS FOR PETROLEUM UST SYSTEMS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.41 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0503 REQUIREMENTS FOR HAZARDOUS SUBSTANCE UST SYSTEMS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.42 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0504 METHODS OF RELEASE DETECTION FOR TANKS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.43 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0505 METHODS OF RELEASE DETECTION FOR PIPING Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.44 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0506 RELEASE DETECTION RECORDKEEPING Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.45 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt SECTION .0600 ‑ RELEASE REPORTING, INVESTIGATION, AND 15A NCAC 02N .0601 REPORTING OF SUSPECTED RELEASES Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.50 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0602 INVESTIGATION DUE TO OFF‑SITE IMPACTS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.51 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0603 RELEASE INVESTIGATION AND CONFIRMATION STEPS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.52 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0604 REPORTING AND CLEANUP OF SPILLS AND OVERFILLS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.53 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt SECTION .0700 ‑ RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS 15A NCAC 02N .0701 GENERAL Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.60 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0702 INITIAL RESPONSE Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.61 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0703 INITIAL ABATEMENT MEASURES AND SITE CHECK Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.62 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0704 INITIAL SITE CHARACTERIZATION Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.63 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0705 FREE PRODUCT REMOVAL Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.64 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt A2 Rule Section Rule Citation Rule Name Date and Last Agency Action on the Rule Agency Determination [150B- 21.3A(c)(1)a] Implements or Conforms to Federal Regulation [150B-21.3A(e)]Federal Regulation Citation Public Comment Received [150B- 21.3A(c)(1)] Agency Determination Following Public Comment [150B-21.3A(c)(1)] RRC Determination of Public Comments [150B- 21.3A(c)(2) RRC Final Determination of Status of Rule for Report to APO [150B- 21.3A(c)(2)] OAH Next Steps G.S. 150B-21.3A Report for 15A NCAC 02N, UNDERGROUND STORAGE TANKS Comment Period - July 21, 2017 - September 27, 2017 Date Submitted to APO - February 19, 2018 Agency - Environmental Management Commission 15A NCAC 02N .0706 INVESTIGATIONS FOR SOIL AND GROUND WATER CLEANUP Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.65 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0707 CORRECTIVE ACTION PLAN Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.66 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0708 PUBLIC PARTICIPATION Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.67 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt SECTION .0800 ‑ OUT‑OF‑SERVICE UST SYSTEMS AND CLOSURE 15A NCAC 02N .0801 TEMPORARY CLOSURE Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.70 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0802 PERMANENT CLOSURE AND CHANGES‑IN‑SERVICE Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.71 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0803 ASSESSING THE SITE AT CLOSURE OR CHANGE‑IN‑SERVICE Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.72 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0804 APPLICABILITY TO PREVIOUSLY CLOSED UST SYSTEMS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.73 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0805 CLOSURE RECORDS Amended Eff. June 1, 2017 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.74 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt SECTION .0900 - PERFORMANCE STANDARDS FOR UST SYSTEM OR UST SYSTEM 15A NCAC 02N .0901 GENERAL REQUIREMENTS Amended Eff. February 1, 2010 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.20 Yes Necessary with substantive public interest RRC not required to review comment(s) Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0902 NOTIFICATION Eff. November 1, 2007 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.22 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0903 TANKS Amended Eff. June 1, 2015 Necessary with substantive public interest Yes If yes, include the citation to the federal law 40 CFR 280.20 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0904 PIPING Amended Eff. June 1, 2015 Necessary with substantive public interest Yes If yes, include the citation to the federal law 41 CFR 280.20 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NcAC 02N .0905 CONTAINMENT SUMPS Eff. November 1, 2007 Necessary with substantive public interest Yes If yes, include the citation to the federal law 42 CFR 280.20 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0906 SPILL BUCKETS Eff. November 1, 2007 Necessary with substantive public interest Yes If yes, include the citation to the federal law 43 CFR 280.20 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt 15A NCAC 02N .0907 NATIONAL CODES OF PRACTICE AND INDUSTRY STANDARDS Eff. November 1, 2007 Necessary with substantive public interest Yes If yes, include the citation to the federal law 44 CFR 280.20 No Necessary with substantive public interest No comments with merit Necessary with substantive public interest and must be readopted Agency must readopt A3