Current through Register Vol. 39, No. 6, September 16, 2024
The regulations governing "Notification requirements" set
forth in 40 CFR
280.22 are hereby incorporated by reference,
excluding any subsequent amendments and editions, except that:
(1) Owners and operators of an UST system
shall submit to the Division, on forms provided by the Division, a notice of
intent to conduct any of the following activities:
(a) notice of installation of a new UST
system or UST system component shall be in accordance with Rule .0902 of this
Subchapter;
(b) notice of
installation of a leak detection device installed outside of the outermost wall
of the tank and piping, such as vapor detection or groundwater monitoring
devices, shall be given at least 30 days before the activity begins. The notice
shall be provided on form "UST-8 Notification of Activities Involving
Underground Storage Tank Systems," which may be accessed free of charge at
http://deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/forms.
Form "UST-8 Notification of Activities Involving Underground Storage Tank
Systems" shall include:
(i) the same
information provided in Appendix I to
40 CFR
280, except that Sections X (2) and (3), and
Section XI shall not be included on the form;
(ii) operator identification and contact
information;
(iii) number of tank
compartments and tank compartment identity, capacity, and product
stored;
(iv) identity of tanks that
are manifold together with piping;
(v) stage I Vapor Recovery equipment type and
installation date;
(vi) corrosion
protection methods for metal flexible connectors, submersible pumps, and riser
pipes;
(vii) UST system and UST
system component installation date, manufacturer, model, and leak detection
monitoring method;
(viii) spill
containment equipment installation date, manufacturer, model, and leak
detection monitoring method;
(ix)
overfill prevention equipment installation date, manufacturer, and model;
and
(x) leak detection equipment
manufacturer and model;
(c) notice of permanent closure or
change-in-service of an UST system shall be given at least 30 days before the
activity begins. The notice shall be provided on form "UST-3 Notice of Intent:
UST Permanent Closure or Change-in-Service," which may be accessed free of
charge at
http://deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/forms.
Form "UST-3 Notice of Intent: UST Permanent Closure or Change-in-Service" shall
include:
(i) owner identification and contact
information;
(ii) site location
information;
(iii) site contact
information;
(iv) contractor and
consultant identification and contact information;
(v) identity of UST systems to be permanently
closed or that will undergo a change-in-service;
(vi) for permanent closure, the proposed
method of UST System closure - removal or fill in-place;
(vii) for a change-in-service, the new
contents to be stored;
(viii)
proposed UST system closure or change-in-service date; and
(ix) signature of UST system owner;
(d) notice of a change of
ownership of a UST system pursuant to
40 CFR
280.22(b) shall be provided
on form "UST-15 Change of Ownership of UST System(s)," which may be accessed
free of charge at
http://deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/forms.
Form "UST-15 Change of Ownership of UST System(s)" shall include:
(i) the same information provided in Appendix
II to 40 CFR
280;
(ii) site location information;
(iii) notarized signature of the new owner of
an UST system;
(iv) name and
notarized signature of the previous owner of an UST system; and
(v) appended information shall include
documentation of an UST system ownership transfer such as a property deed or
bill of sale. A person signing the form on behalf of another shall provide
documentation they can legally sign in such capacity, such as an officer of a
corporation, administrator of an estate, representative of a public agency, or
as having power of attorney.
(2) Owners or operators who have not complied
with the notification requirements in
40 CFR
280.22(a), shall complete
the form "UST-8 Notification of Activities Involving Underground Storage Tank
Systems" and submit the form to the Division.
(3) Any person who sells a tank intended to
be used as an UST shall notify the purchaser of such tank of the owner's
notification obligations in Sub-Item (1)(b) of this Rule.
(4) Any reference in 40 CFR Part 280 to the
notification form in Appendix I shall refer to the North Carolina notification
form "UST-8 Notification of Activities Involving Underground Storage Tank
Systems."
