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