[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 79756-79764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22541]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 281 and 282

[EPA-R04-UST-2024-0279; FRL-12181-02-R4]


North Carolina: Final Approval of State Underground Storage Tank 
Program Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of North Carolina (North Carolina) has applied to 
the Environmental Protection Agency (EPA) for final approval of 
revisions to its Underground Storage Tank Program (UST Program) under 
subtitle I of the Resource Conservation and Recovery Act (RCRA). 
Pursuant to RCRA, the EPA is taking direct final action, subject to 
public comment, to approve revisions to the UST Program. The EPA has 
reviewed North Carolina's revisions and has determined that these 
revisions satisfy all requirements needed for approval. In addition, 
this action also codifies the EPA's approval of North Carolina's 
revised UST Program and incorporates by reference those provisions of 
the State statutes and regulations that the EPA has determined meet the 
requirements for approval.

DATES: This rule is effective December 2, 2024, unless the EPA receives 
adverse comment by October 31, 2024. If the EPA receives adverse 
comment, it will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. The 
incorporation by reference of certain publications listed in the 
regulations is approved by the Director of the Federal Register as of 
December 2, 2024.

ADDRESSES: Submit your comments by one of the following methods:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#7d1a140f1453080d1813190f1c3d180d1c531a120b"><span class="__cf_email__" data-cfemail="45222c372c6b3035202b213724052035246b222a33">[email protected]</span></a>. Include the Docket ID No. 
EPA-R04-UST-2024-0279 in the subject line of the message.
    Instructions: Submit your comments, identified by Docket ID No. 
EPA-R04-UST-2024-0279, via the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
https://www.regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit: https://www.epa.gov/dockets/commenting-epa-dockets.
    The EPA encourages electronic comment submittals, but if you are 
unable to submit electronically or need other assistance, please 
contact Upendra Giri, the contact listed in the FOR FURTHER INFORMATION 
CONTACT provision below. The index to the docket for this action and 
all documents that form the basis of this action and associated 
publicly available docket materials are available electronically in 
https://www.regulations.gov. The EPA encourages electronic reviewing of 
these documents, but if you are unable to review these documents 
electronically, please contact Upendra Giri for alternative access to 
docket materials.
    Please also contact Upendra Giri if you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you. For further 
information on EPA Docket

[[Page 79757]]

Center services please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Upendra Giri, RCRA Programs and 
Cleanup Branch, Land, Chemicals, and Redevelopment Division, U.S. 
Environmental Protection Agency, Region 4, Atlanta Federal Center, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960; Phone number: (404) 
562-8185; email address: <a href="/cdn-cgi/l/email-protection#b4d3ddc6dd9ac1c4d1dad0c6d5f4d1c4d59ad3dbc2"><span class="__cf_email__" data-cfemail="5f38362d36712a2f3a313b2d3e1f3a2f3e71383029">[email protected]</span></a>. Please contact Upendra 
Giri by phone or email for further information.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to North Carolina's Underground Storage Tank 
Program

A. Why are revisions to State UST programs necessary?

    States that have received final approval from the EPA under section 
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain a UST program that 
is no less stringent than the Federal program. When the EPA revises the 
regulations that govern the UST program, States must revise their 
programs to comply with the updated regulations and submit these 
revisions to the EPA for approval. Most commonly, States must change 
their programs because of changes to the EPA's regulations in title 40 
of the Code of Federal Regulations (CFR) part 280. States can also 
initiate changes on their own to their UST programs and these changes 
must then be approved by the EPA.

B. What decision has the EPA made in this rule?

    In accordance with 40 CFR 281.51(a), North Carolina submitted a 
complete program revision application (State Application) seeking 
approval of changes to its UST Program. The State Application was 
submitted on October 22, 2018, and amended on February 22, 2023, May 4, 
2023, and June 24, 2024. The program revisions described in the State 
Application correspond to the EPA final rule published on July 15, 2015 
(80 FR 41566), which revised the 1988 UST regulations and the 1988 
State program approval (SPA) regulations (2015 Federal Revisions). As 
required by 40 CFR 281.20, the State Application contains the 
following: a transmittal letter from the Governor requesting approval; 
a description of the UST Program and operating procedures; a 
demonstration of the State of North Carolina's procedures to ensure 
adequate enforcement; a Memorandum of Agreement outlining the roles and 
responsibilities of the EPA and the implementing agency; an Attorney 
General's Statement; and copies of all relevant North Carolina statutes 
and regulations. The EPA has reviewed the State Application and has 
determined that the revisions to North Carolina's UST Program are no 
less stringent than the corresponding Federal requirements in subpart C 
of 40 CFR part 281, and that the North Carolina UST Program continues 
to provide adequate enforcement of compliance. Therefore, the EPA 
grants North Carolina final approval to operate its UST Program with 
the revisions described in the State Application, and as outlined 
below. The North Carolina Department of Environmental Quality (DEQ) 
(formerly the North Carolina Department of Environment and Natural 
Resources) is the lead implementing agency for the UST Program in North 
Carolina, except in Indian country as noted below in Section I.I.

C. What is the effect of this approval on the regulated community?

    Section 9004(b) of RCRA, 42 U.S.C. 6991c(b), as amended, allows the 
EPA to approve State UST programs to operate in lieu of the Federal 
program. With this approval, the changes described in the State 
Application will become part of the approved North Carolina UST 
Program, and therefore will be federally enforceable. North Carolina 
will continue to have primary enforcement authority and responsibility 
for its State UST Program. This action does not impose additional 
requirements on the regulated community because the regulations being 
approved by this rule are already in effect in the State of North 
Carolina, and are not changed by this action. This action merely 
approves the existing North Carolina regulations as being no less 
stringent than the 2015 Federal Revisions and rendering them federally 
enforceable.

D. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and we 
anticipate no adverse comment. North Carolina addressed all comments it 
received during its comment period when the rules and regulations being 
considered in this document were proposed at the State level.

E. What happens if the EPA receives comments that oppose this action?

    Along with this direct final rule, the EPA is simultaneously 
publishing a separate document in the ``Proposed Rules'' section of 
this Federal Register that serves as the proposal to approve North 
Carolina's UST Program revisions and provides an opportunity for public 
comment. If the EPA receives comments that oppose this approval, the 
EPA will withdraw this direct final rule by publishing a document in 
the Federal Register before it becomes effective. The EPA will make any 
further decision on approval of the State Application after considering 
all comments received during the comment period. The EPA will then 
address all public comments in a later final rule. You may not have 
another opportunity to comment. If you want to comment on this 
approval, you must do so at this time.

F. For what has North Carolina previously been approved?

    On January 16, 1998, North Carolina submitted a complete State 
program approval application seeking approval of its UST Program under 
subtitle I of RCRA. Effective August 14, 2001, the EPA granted final 
approval for North Carolina to administer its UST Program in lieu of 
the Federal UST program and incorporated by reference and codified the 
federally approved North Carolina UST Program (66 FR 32564 and 32566, 
June 15, 2001). As a result of the EPA's approval, these provisions 
became subject to the EPA's corrective action, inspection, and 
enforcement authorities under RCRA sections 9003(h), 9005, and 9006, 42 
U.S.C. 6991b(h), 6991d, and 6991e, and other applicable statutory and 
regulatory provisions.

G. What changes is the EPA approving with this action and what 
standards do we use for review?

    In order to be approved, each State program revision application 
must meet the general requirements in 40 CFR 281.11 (General 
Requirements), and the specific requirements in 40 CFR part 281, 
subpart B (Components of a Program Application), subpart C (Criteria 
for No Less Stringent), and subpart D (Adequate Enforcement of 
Compliance).
    As more fully described below, North Carolina has made changes to 
its UST Program to reflect the 2015 Federal Revisions. These changes 
are included in North Carolina's UST Rules at North Carolina 
Administrative Code (N.C.A.C.), Title 15A, Chapter 2, Subchapter 2N 
(2023), and the North Carolina General Statutes (N.C.G.S.) sections 
143-215.94NN through 143-215.94UU (2018). The EPA is approving North 
Carolina's changes because they are no less stringent than the Federal 
UST program, and because the revised North Carolina UST Program will 
continue to provide for adequate enforcement of compliance as required

[[Page 79758]]

by 40 CFR 281.11(b) and part 281, subparts C and D, after this 
approval.
    DEQ continues to be the lead implementing agency for the UST 
Program in North Carolina. DEQ has broad statutory and regulatory 
authority to regulate the installation, operation, maintenance, and 
closure of USTs, as well as UST releases, under the Chapter 143 of the 
N.C.G.S., Article 21A, Parts 2A (Leaking Petroleum Underground Storage 
Tank Cleanup), 2B (Underground Storage Tank Regulation), and 2D 
(Training of Underground Storage Tank Operators) (2018); and Title 15A 
of the North Carolina Administrative Code, Chapter 2, Subchapters 2L, 
2N, 2O, and 2P (2023).
    The following North Carolina authorities provide authority for 
compliance monitoring as required pursuant to 40 CFR 281.40: N.C.G.S. 
sections 143-215.3(a) through (d), 143-215.79, 143-215.94T; N.C.G.S. 
section 143B-282; and 15A N.C.A.C. 02N .0101(b) and .0405.
    The following North Carolina authorities provide authority for 
enforcement response as required pursuant to 40 CFR 281.41: N.C.G.S. 
sections 143-215.2, 143-215.3(a), 143.215.3(c), 143-215.3(f), 143-
215.6A, 143-215.94F, 143-215.94J, 143-215.94K, 143-215.94U, 143-
215.94V(b) through (h), 143-215.94W, 143-215.94X, 143-215.94Y, and 143-
215.94TT; N.C.G.S. section 143B-282; and 15A N.C.A.C. 02N .0101(b).
    The following North Carolina authorities provide authority for 
enabling public participation in the State enforcement process, 
including citizen intervention and filing of complaints, required 
pursuant to 40 CFR 281.42: Rule 24(a)(2) of the North Carolina Rules of 
Civil Procedure (2024); and N.C.G.S. sections 150B-23 and 143-215.94L. 
Further, through a Memorandum of Agreement between DEQ and the EPA, 
effective October 12, 2018, North Carolina maintains procedures for 
receiving and ensuring proper consideration of information about 
violations submitted by the public, and DEQ will not oppose citizen 
intervention on the ground that the applicant's interest is adequately 
represented by the State. The following North Carolina authorities 
provide authority for enabling the sharing of information in the State 
files obtained or used in the administration of the North Carolina UST 
Program with the EPA as required by 40 CFR 281.43: N.C.G.S. sections 
132-1 through 132-1.14. Further, through the Memorandum of Agreement 
between DEQ and the EPA, effective October 12, 2018, North Carolina 
agrees to furnish the EPA, upon request, any information in State files 
obtained or used in the administration of the State UST Program.
    To qualify for final approval, revisions to a State's UST program 
must be no less stringent than the 2015 Federal Revisions. In the 2015 
Federal Revisions, the EPA addressed UST systems deferred in the 1988 
UST regulations, and added, among other things: new operation and 
maintenance requirements; secondary containment requirements for new 
and replaced tanks and piping; operator training requirements; and a 
requirement to ensure UST system compatibility before storing certain 
biofuel blends. In addition, the EPA removed past deferrals for 
emergency generator tanks, field constructed tanks, and airport hydrant 
systems. North Carolina adopted all of the required 2015 Federal 
Revisions in Title 15A of the North Carolina Administrative Code, 
Chapter 2, Subchapter 2N (2023), and N.C.G.S. sections 143-215.94NN 
through 143-215.94UU (2018).
    As part of the State Application, the North Carolina Attorney 
General has certified that the State regulations provide for adequate 
enforcement of compliance and meet the no less stringent criteria in 40 
CFR part 281, subparts C and D. The EPA is relying on this 
certification, in addition to the analysis submitted by the State, in 
approving the State's changes.

H. Where are the revised State rules different from the Federal rules?

    States may enact laws that are more stringent than their Federal 
counterparts. See RCRA section 9008, 42 U.S.C. 6991g. When an approved 
State program includes requirements that are considered more stringent 
than those required by Federal law, the more stringent requirements 
become part of the federally approved program in accordance with 40 CFR 
281.12(a)(3)(i). The EPA has determined that some of North Carolina's 
regulations are considered more stringent than the Federal program, and 
upon approval, they will become part of the federally approved North 
Carolina UST Program and therefore federally enforceable.
    In addition, States may enact laws which are broader in scope than 
their Federal counterparts in accordance with 40 CFR 281.12(a)(3)(ii). 
State requirements that go beyond the scope of the Federal program are 
not part of the federally approved program and the EPA cannot enforce 
them. Although these requirements are enforceable by the State in 
accordance with North Carolina law, they are not Federal RCRA 
requirements. The EPA considers the following North Carolina 
requirements to be broader in scope than the Federal program and 
therefore not part of the federally approved State UST Program:
Statutory Broader in Scope Provisions
    General Statutes of North Carolina, Chapter 143; Article 21, Part 
1. Organization and Powers Generally; Control of Pollution (2018).
    (i) N.C.G.S. section 143-215.3(e), insofar as it provides for the 
granting of variances which are not available to UST owners and 
operators as these terms are defined in 40 CFR 280.12.
    General Statutes of North Carolina, Chapter 143; Article 21A, Part 
2A. Leaking Petroleum UST Tank Cleanup (2018).
    (ii) N.C.G.S. section 143-215.94A(2)c., as to the definition of 
``Commercial underground storage tank,'' insofar as it includes certain 
heating oil tanks and connected piping that are excluded by the Federal 
program.
    (iii) N.C.G.S. section 143-215.94B, insofar as it provides for the 
creation of the Commercial Leaking Petroleum Underground Storage Tank 
Cleanup Fund (State Fund) and criteria for the expenditure of funds.
    (iv) N.C.G.S. section 143-215.94C, insofar as it requires owners 
and operators to pay an annual operating fee to the State Fund.
    (v) N.C.G.S. sections 143-215.94E(b) through (k), insofar as these 
provisions relate to the State Fund.
    (vi) N.C.G.S. section 143-215.94G, insofar as it provides for DEQ 
to perform cleanups and provides for reimbursement from the State Fund.
    (vii) N.C.G.S. section 143-215.94N, insofar as it relates to the 
State Fund.
    (viii) N.C.G.S. section 143-215.94P, insofar as it provides for the 
creation of the Groundwater Protection Loan Fund and promulgation of 
regulations regarding such fund.
    General Statutes of North Carolina, Chapter 143; Article 21A, Part 
2D. Training of UST Operators (2018).
    (ix) N.C.G.S. section 143-215.94OO(4), as to the definition of 
``Underground storage tank system'' or ``tank system,'' insofar as it 
includes dispensers as part of the system.
    General Statutes of North Carolina, Chapter 143B; Article 7, Part 
1. General Provisions (2018).
    (x) N.C.G.S. section 143B-279.9, insofar as it regulates releases 
from sources that are not underground storage tanks and entities that 
are not owners and operators as these terms are defined in 40 CFR 
280.12.
    (xi) N.C.G.S. section 143B-279.11, insofar as it regulates releases 
from

[[Page 79759]]

sources that are not underground storage tanks and entities that are 
not owners and operators as these terms are defined in 40 CFR 280.12.
Regulatory Broader in Scope Provisions
    North Carolina Administrative Code, Title 15A--Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2L, 
Groundwater Classification and Standards (2023).
    (i) 15A N.C.A.C. 02L .0100, including .0101 through .0115, insofar 
as these provisions provide general considerations for groundwater 
classification and standards.
    (ii) 15A N.C.A.C. 02L .0200, including .0201 through .0202, insofar 
as these provisions establish underground water classifications and 
quality standards.
    (iii) 15A N.C.A.C. 02L .0300, including .0301 through .0319, 
insofar as these provisions assign underground water classifications.
    (iv) 15A N.C.A.C. 02L .0403, insofar as it defines a ``responsible 
party'' to include persons other than owners and operators as these 
terms are defined in 40 CFR 280.12.
    (v) 15A N.C.A.C. 02L .0415, insofar as it regulates releases from 
sources other than underground storage tank systems.
    (vi) 15A N.C.A.C. 02L .0500, including .0501 through .0515, insofar 
these provisions regulate aboveground storage tanks and sources.
    North Carolina Administrative Code, Title 15A--Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2N, 
Underground Storage Tanks (2023).
    (vii) 15A N.C.A.C. 02N .0201(1), insofar as it regulates 
underground storage tanks containing de minimis concentrations of 
regulated substances.
    (viii) 15A N.C.A.C. 02N .0203(a)(1), as to the definition of ``UST 
system'' or ``Tank system,'' insofar as it includes dispensers as part 
of the system.
    (ix) 15A N.C.A.C. 02N .0504(c), insofar as it relates to the 
permitting of monitoring wells.
    (x) 15A N.C.A.C. 02N .0802, insofar as it regulates underground 
storage tanks containing de minimis amounts of regulated substances.
    (xi) 15A N.C.A.C. 02N .0901(d), insofar as it requires dispensers 
to have more than under-dispenser containment.
    North Carolina Administrative Code, Title 15A--Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2P, Leaking 
Petroleum Underground Storage Tank Cleanup Funds (2023).
    (xii) 15A N.C.A.C. 02P, including .0101 through .0408, except 
.0302, insofar as these provisions relate to the State Fund and the 
collection of annual operating fees.

I. How does this action affect Indian country (18 U.S.C. 1151) in North 
Carolina?

    The EPA's approval of North Carolina's UST Program does not extend 
to Indian country as defined in 18 U.S.C. 1151. The EPA will retain 
responsibility under RCRA for underground storage tanks in Indian 
country. Therefore, this action has no effect in Indian country. See 40 
CFR 281.12(a)(2).

II. Codification

A. What is codification?

    Codification is the process of placing citations and references to 
a State's statutes and regulations that comprise a State's approved UST 
program into the CFR. The EPA codifies its approval of State programs 
in 40 CFR part 282 and incorporates by reference State statutes and 
regulations that the EPA can enforce, after the approval is final, 
under sections 9005 and 9006 of RCRA, and any other applicable 
statutory provisions. The incorporation by reference of EPA-approved 
State programs in the CFR should substantially enhance the public's 
ability to discern the status of the approved State UST programs and 
State requirements that can be federally enforced. This effort provides 
clear notice to the public of the scope of the approved program in each 
State.

B. What is the history of codification of North Carolina's UST Program?

    In 2001, the EPA incorporated by reference and codified North 
Carolina's approved UST Program at 40 CFR 282.83 (66 FR 32566, June 15, 
2001). Through this action, the EPA is amending 40 CFR 282.83 to 
incorporate by reference and codify North Carolina's revised UST 
Program.

C. What codification decisions is the EPA making in this rule?

    In this rule, the EPA is finalizing regulatory text that 
incorporates by reference the federally approved North Carolina UST 
Program, including the revisions made to the UST Program based on the 
2015 Federal Revisions. In accordance with the requirements of 1 CFR 
51.5, the EPA is incorporating by reference North Carolina's statutes 
and regulations as described in the amendments to 40 CFR part 282 set 
forth below. These documents are available through https://www.regulations.gov. This codification reflects the State UST Program 
that will be in effect at the time the EPA's approval of the revisions 
to the North Carolina UST Program addressed in this direct final rule 
becomes final. If, however, the EPA receives substantive comment on the 
proposed rule, the EPA will withdraw this direct final rule and this 
codification will not take effect. The EPA will consider all comments 
and will make a decision on program approval and codification in a 
future final rule. By codifying the approved North Carolina UST Program 
and by amending the CFR, the public will more easily be able to discern 
the status of the federally-approved requirements of the North Carolina 
UST Program.
    Specifically, in 40 CFR 282.83(d)(1)(i), the EPA is incorporating 
by reference the EPA-approved North Carolina UST Program. Section 
282.83(d)(1)(ii) identifies the State's statutes and regulations that 
are part of the approved North Carolina UST Program, although not 
incorporated by reference for enforcement purposes, unless they impose 
obligations on the regulated entity. Section 282.83(d)(1)(iii) 
identifies the State's statutory and regulatory provisions that are 
broader in scope or external to the State's approved UST Program and 
therefore not incorporated by reference. Sections 282.83(d)(2) through 
(5) reference the Attorney General's Statement, Demonstration of 
Adequate Enforcement Procedures, Program Description, and Memorandum of 
Agreement, which are part of the State Application and part of the 
North Carolina UST Program under subtitle I of RCRA.

D. What is the effect of the EPA's codification of the federally 
approved North Carolina UST Program on enforcement?

    The EPA retains the authority under sections 9003(h), 9005, and 
9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and 
other applicable statutory and regulatory provisions, to undertake 
corrective action, inspections, and enforcement actions, and to issue 
orders in approved States. If the EPA determines it will take such 
actions in North Carolina, the EPA will rely on Federal sanctions, 
Federal inspection authorities, and other Federal procedures rather 
than the North Carolina analogs. Therefore, the EPA is not 
incorporating by reference North Carolina's procedural and enforcement 
authorities, although they are listed in 40 CFR 282.83(d)(1)(ii).

E. What State provisions are not part of the codification?

    As discussed in section I.H. above, some provisions of North 
Carolina's

[[Page 79760]]

UST Program are not part of the federally approved State UST Program 
because they are broader in scope than the Federal UST Program. Where 
an approved State program has provisions that are broader in scope than 
the Federal program, those provisions are not a part of the federally 
approved program. As a result, North Carolina provisions which are 
broader in scope than the Federal program are not incorporated by 
reference for purposes of enforcement in part 282. See 40 CFR 
281.12(a)(3)(ii). In addition, provisions that are external to the 
State UST program approval requirements, but included in the North 
Carolina's State Application, are also being excluded from 
incorporation by reference in part 282. For reference and clarity, 40 
CFR 282.83(d)(1)(iii) lists the North Carolina statutory and regulatory 
provisions which are broader in scope than the Federal program or 
external to State UST program approval requirements. These provisions 
are, therefore, not part of the approved UST Program that the EPA is 
codifying. Although these provisions cannot be enforced by the EPA, the 
State will continue to implement and enforce such provisions under 
State law.

III. Statutory and Executive Order (E.O.) Reviews

    The EPA's actions merely approve and codify North Carolina's 
revised UST Program requirements pursuant to RCRA section 9004, and do 
not impose additional requirements other than those imposed by State 
law. For that reason, these actions:
    <bullet> Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
    <bullet> Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Do not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Are not subject to the requirements of section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) because application of those requirements would be 
inconsistent with RCRA;
    <bullet> Do not provide the EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994) and Executive 
Order 14096 (88 FR 25251, April 26, 2023).
    <bullet> Do not apply on any Indian reservation land or in any 
other area where the EPA or an Indian Tribe has demonstrated that a 
Tribe has jurisdiction. The rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it impose substantial direct costs on Tribal governments or 
preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this document 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
final action will be effective December 2, 2024.

List of Subjects in 40 CFR Parts 281 and 282

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, Incorporation by reference, Indian country, 
Petroleum, Reporting and recordkeeping requirements, State program 
approval, Underground storage tanks.

    Authority: This action is issued under the authority of sections 
2002(a), 7004(b), 9004, 9005, and 9006 of the Solid Waste Disposal 
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and 
6991e.

    Dated: September 25, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons set forth in the preamble, the EPA is amending 40 
CFR part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.


0
2. Revise Sec.  282.83 to read as follows:


Sec.  282.83  North Carolina State-Administered Program.

    (a) History of the approval of North Carolina's program. The State 
of North Carolina (State) is approved to administer and enforce an 
underground storage tank (UST) 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 Underground 
Storage Tank Program (UST Program), as administered by the North 
Carolina Department of Environmental Quality (DEQ), was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved 
the North Carolina UST Program on June 15, 2001, and it was effective 
on August 14, 2001. A subsequent program revision was approved by EPA 
and became effective December 2, 2024.
    (b) Enforcement authority. North Carolina has primary 
responsibility for administering and enforcing its federally approved 
UST Program. However, EPA retains the authority to exercise its 
corrective action, inspection, and enforcement authorities under 
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d, and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) Retention of program approval. To retain program approval, 
North Carolina must revise its approved UST 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 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.

[[Page 79761]]

    (d) Final approval. North Carolina has final approval for the 
following elements of its UST Program submitted to EPA and approved 
effective August 14, 2001, and the program revisions approved by EPA 
effective on December 2, 2024.
    (1) State statutes and regulations--
    (i) Incorporation by reference.
    The North Carolina materials cited in this paragraph (d)(1)(i), and 
listed in appendix A to this part, are incorporated by reference as 
part of the UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et 
seq. (See Sec.  282.2 for incorporation by reference approval and 
inspection information.) You may obtain copies of the North Carolina 
statutes and regulations that are incorporated by reference in this 
paragraph (d)(1)(i) from the North Carolina Department of Environmental 
Quality, 217 West Jones Street, Raleigh, North Carolina 27603 (physical 
address); 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 
(mailing address); Phone number: (919) 707-8200; website: https://www.deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/underground-storage-tanks-rules.
    (A) ``North Carolina Statutory Requirements Applicable to the 
Underground Storage Tank Program,'' dated August 15, 2024.
    (B) ``North Carolina Regulatory Requirements Applicable to the 
Underground Storage Tank Program,'' dated August 15, 2024.
    (ii) Legal basis. EPA considered the following statutes and 
regulations which provide the legal basis for the State's 
implementation of the UST Program, but do not replace Federal 
authorities. Further, these provisions are not being incorporated by 
reference, unless the provisions place requirements on regulated 
entities.
    (A) General Statutes of North Carolina, Chapter 132--Public Records 
(2018).
    Sections 132-1 through132-1.14, insofar as these provisions provide 
for information sharing with EPA and the State's Public Records laws.
    (B) General Statutes of North Carolina, Chapter 143; Article 21, 
Part 1. Organization and Powers Generally; Control of Pollution (2018).
    (1) Section 143-215.2, insofar as it provides for enforcement 
response, issuance of orders, injunctive relief, public notice and 
review of orders, proceedings before the North Carolina Environmental 
Management Commission (Commission), and procedures to contest orders.
    (2) Section 143-215.3(a), insofar as it provides additional general 
authorities to the Commission pertaining to the State UST Program.
    (3) Section 143-215.3(b), insofar as it provides for compliance 
monitoring and establishes authority to conduct research, 
investigations, and requires cooperation from other State departments.
    (4) Section 143-215.3(c), insofar as it provides authority to 
participate in Federal programs.
    (5) Section 143-215.3(d), insofar as it establishes procedures for 
consulting with other States on regulations.
    (6) Section 143-215.3(f), insofar as it provides enforcement 
response and establishes authorities for groundwater corrective action.
    (7) Section 143-215.6A, insofar as it provides for enforcement 
response, assessment of penalties, and procedures for contesting 
penalties.
    (C) General Statutes of North Carolina, Chapter 143; Article 21A, 
Part 1. General Provisions (2018).
    Section 143-215.79, insofar as it provides for compliance 
monitoring and establishes authority for inspections and the right to 
enter property to conduct inspections.
    (D) General Statutes of North Carolina, Chapter 143; Article 21A, 
Part 2A. Leaking Petroleum UST Tank Cleanup (2018).
    (1) Section 143-215.94F, insofar as it provides for enforcement 
response and establishes a limitation of liability.
    (2) Section 143-215.94J, insofar as it provides for enforcement 
response and establishes a limitation of liability for the State.
    (3) Section 143-215.94K, insofar as it provides for enforcement 
response, civil penalties, criminal penalties, and injunctive relief.
    (4) Section 143-215.94L, insofar as it establishes authority to 
adopt regulations necessary to implement the State UST Program.
    (E) General Statutes of North Carolina, Chapter 143; Article 21A, 
Part 2B. UST Regulation (2018).
    (1) Section 143-215.94T, insofar as it provides for compliance 
monitoring, and the promulgation of regulations for the implementation 
of the State UST Program.
    (2) Section 143-215.94U, insofar as it provides for delivery 
prohibition and enforcement of the State UST Program.
    (3) Section 143-215.94V(b) through (h), insofar as these provisions 
provide for enforcement response and establish authorities for 
corrective action.
    (4) Section 143-215.94W, insofar as it provides for enforcement 
response and civil penalties.
    (5) Section 143-215.94X, insofar as it provides for enforcement 
response and criminal penalties.
    (6) Section 143-215.94Y, insofar as it provides for enforcement 
response and injunctive relief.
    (F) General Statutes of North Carolina, Chapter 143; Article 21A, 
Part 2D. Training of UST Operators (2018).
    Section 143-215.94TT, insofar as it provides for enforcement 
response, civil penalties, criminal penalties, and injunctive relief.
    (G) General Statutes of North Carolina, Chapter 143B; Article 7, 
Part 4. Environmental Management Commission (2018).
    Section 143B-282, insofar as it creates the Environmental 
Management Commission and provides the Commission with the powers and 
duty to promulgate rules pertaining to the State UST Program.
    (H) General Statutes of North Carolina, Chapter 150B--
Administrative Procedure Act (2024).
    Section 150B-23, insofar as it provides for public intervention and 
procedures for administrative hearings.
    (I) North Carolina Administrative Code, Title 15A, Chapter 2, 
Subchapter 2N (2023).
    (1) 15A N.C.A.C. 02N .0101(b), insofar as it provides authority to 
administer the State UST Program.
    (2) 15A N.C.A.C. 02N .0405, insofar as it provides for compliance 
monitoring and establishes authority to conduct inspections, tests, and 
obtain information from owners.
    (J) Rule 24(a)(2) of the North Carolina Rules of Civil Procedure 
(2024), insofar as it provides for citizen intervention and public 
participation in the State enforcement process.
    (iii) Other provisions not incorporated by reference. The following 
statutory and regulatory provisions applicable to the North Carolina 
UST Program are broader in scope than the Federal program or external 
to the State UST program approval requirements. Therefore, these 
provisions are not part of the approved UST Program and are not 
incorporated by reference in this section:
    (A) General Statutes of North Carolina, Chapter 143; Article 21, 
Part 1. Organization and Powers Generally; Control of Pollution (2018).
    Section 143-215.3(e) is broader in scope insofar as it provides for 
the granting of variances which are not available to UST owners and 
operators as these terms are defined in 40 CFR 280.12.
    (B) General Statutes of North Carolina, Chapter 143; Article 21A, 
Part

[[Page 79762]]

2A. Leaking Petroleum UST Tank Cleanup (2018).
    (1) Section 143-215.94A(2)c. is broader in scope as to the 
definition of ``Commercial underground storage tank,'' insofar as it 
includes certain heating oil tanks and connected piping that are 
excluded by the Federal program.
    (2) Section 143-215.94B is broader in scope insofar as it provides 
for the creation of the Commercial Leaking Petroleum Underground 
Storage Tank Cleanup Fund (State Fund) and criteria for the expenditure 
of funds.
    (3) Section 143-215.94C is broader in scope insofar as it requires 
owners and operators to pay an annual operating fee to the State Fund.
    (4) Sections 143-215.94E(b) through (k) are broader in scope 
insofar as these provisions relate to the State Fund.
    (5) Section 143-215.94G is broader in scope insofar as it provides 
for DEQ to perform cleanups and provides for reimbursement from the 
State Fund.
    (6) Section 143-215.94M is external insofar as it contains 
reporting obligations on the State agency, not a regulated entity.
    (7) Section 143-215.94N is broader in scope insofar as it relates 
to the State Fund.
    (8) Section 143-215.94P is broader in scope insofar as it provides 
for the creation of the Groundwater Protection Loan Fund and 
promulgation of regulations regarding such fund.
    (C) General Statutes of North Carolina, Chapter 143; Article 21A; 
Part 2B. UST Regulation (2018).
    Section 143-215.94V(a) is external insofar as it pertains to 
legislative findings and intent.
    (D) General Statutes of North Carolina, Chapter 143; Article 21A, 
Part 2D. Training of UST Operators (2018).
    Section 143-215.94OO(4) is broader in scope as to the definition of 
``Underground storage tank system'' or ``tank system,'' insofar as it 
includes dispensers as part of the system.
    (E) General Statutes of North Carolina, Chapter 143B; Article 7, 
Part 4. Environmental Management Commission (2018).
    (1) Section 143B-279.9 is broader in scope insofar as it regulates 
releases from sources that are not underground storage tanks and 
entities that are not owners and operators as these terms are defined 
in 40 CFR 280.12.
    (2) Section 143B-279.11 is broader in scope insofar as it regulates 
releases from sources that are not underground storage tanks and 
entities that are not owners and operators as these terms are defined 
in 40 CFR 280.12.
    (F) North Carolina Administrative Code, Title 15A--Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2L, 
Groundwater Classification and Standards (2023).
    (1) 15A N.C.A.C. 02L .0100, including .0101 through .0115, is 
broader in scope insofar as it provides general considerations for 
groundwater classification and standards.
    (2) 15A N.C.A.C. 02L .0200, including .0201 through .0202, is 
broader in scope insofar as it establishes underground water 
classifications and quality standards.
    (3) 15A N.C.A.C. 02L .0300, including .0310 through .0319, is 
broader in scope insofar as it assigns underground water 
classifications.
    (4) 15A N.C.A.C. 02L .0403 is broader in scope insofar as it 
defines a ``responsible party'' to include persons other than owners 
and operators as these terms are defined in 40 CFR 280.12.
    (5) 15A N.C.A.C 02L .0410 is external insofar as it contains 
reporting obligations on the State agency, not a regulated entity.
    (6) 15A N.C.A.C. 02L .0414 is external insofar as it regulates 
entities other than owners or operators as these terms are defined in 
40 CFR 280.12.
    (7) 15A N.C.A.C. 02L .0415 is broader in scope insofar as it 
regulates releases from sources other than underground storage tank 
systems.
    (8) 15A N.C.A.C. 02L .0500, including .0501 through .0515, is 
broader in scope insofar as it regulates aboveground storage tanks and 
sources.
    (G) North Carolina Administrative Code, Title 15A--Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2N, 
Underground Storage Tanks (2023).
    (1) 15A N.C.A.C. 02N .0201(1) is broader in scope insofar as it 
regulates underground storage tanks containing de minimis 
concentrations of regulated substances.
    (2) 15A N.C.A.C. 02N .0203(a)(1) is broader in scope as to the 
definition of ``UST system'' or ``Tank system,'' insofar as they 
include dispensers as part of the system.
    (3) 15A N.C.A.C. 02N .0504(c) is broader in scope insofar as it 
relates to the permitting of monitoring wells.
    (4) 15A N.C.A.C. 02N .0802 is broader in scope insofar as it 
regulates underground storage tanks containing de minimis amounts of 
regulated substances.
    (5) 15A N.C.A.C. 02N .0901(d) is broader in scope insofar as it 
requires dispensers to have more than under-dispenser containment.
    (6) Note to paragraph (e) of Section 15A N.C.A.C. 02N .0901 is 
external insofar as it regulates entities other than owners or 
operators as these terms are defined in 40 CFR 280.12.
    (H) North Carolina Administrative Code, Title 15A--Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2P, Leaking 
Petroleum Underground Storage Tank Cleanup Funds (2023).
    15A N.C.A.C. 02P, including .0101 through .0408, except .0302, 
insofar as these provisions relate to the State Fund and the collection 
of annual operating fees.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by independent legal counsel for the State on behalf of the 
North Carolina Attorney General on October 11, 2018, 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 Adequate Enforcement Procedures'' submitted in the 
application dated October 22, 2018, as amended on February 22, 2023, 
May 4, 2023, and June 24, 2024, 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 submitted in the 
application dated October 22, 2018, as amended on February 22, 2023, 
May 4, 2023, and June 24, 2024, 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.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 4 and the DEQ, signed by the EPA Regional Administrator on 
October 12, 2018, 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.

0
3. Amend appendix A to part 282 by revising the entry for North 
Carolina to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

North Carolina

    (a) The statutory provisions include: General Statutes of North 
Carolina, Chapter 143; Article 21A, Part 2A. Leaking Petroleum UST 
Tank Cleanup (2018):
    143-215.94A Definitions, except ``by four or fewer households'' 
in (2)(c).

[[Page 79763]]

    143-215.94E Rights and obligations of the owner or operator, 
except (b) through (k).
    143-215.94H Financial responsibility.
    143-215.94I Insurance pools authorized; requirements.
    General Statutes of North Carolina, Chapter 143; Article 21A, 
Part 2D. Training of UST Operators (2018):
    143-215.94NN Applicability.
    143-215.94OO Definitions, except ``dispenser'' in (4).
    143-215.94PP Designation of operators to be trained.
    143-215.94QQ Training requirements for primary operators.
    143-215.94RR Training requirements for emergency response 
operators.
    143-215.94SS Tank systems for emergency power generators.
    143-215.94UU Effect on other laws.
    General Statutes of North Carolina, Chapter 143B; Article 7, 
Part 1. General Provisions (2018):
    143B-279.9 Land-use restrictions may be imposed to reduce danger 
to public health at contaminated sites, except for ``Except with 
respect to land contaminated from a discharge or release of 
petroleum from an underground storage tank, the imposition of 
restrictions on the current or future use of real property on sites 
contaminated by the discharge or release of petroleum from an 
aboveground storage tank, or another petroleum source, from which 
contamination has migrated to off-site properties, as that term is 
defined under G.S. 130A-310.65(3a), shall only be allowed as 
provided in G.S. 143-215.104AA or G.S. 130A-310.73A, as applicable'' 
in (b).
    143B-279.11 Recordation of residual petroleum from underground 
or above ground storage tanks or other sources, except ``or from an 
aboveground storage tank or other petroleum source pursuant to Part 
7 of Article 21A of Chapter 143 of the General Statutes'' in (a); 
``aboveground storage tank, or other petroleum source'' in (b) and 
(d); (e); and (h).
    (b) The regulatory provisions include:
    North Carolina Administrative Code, Title 15A-Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2L, 
Groundwater Classification and Standards (2023):
    15A N.C.A.C. 02L .0401 Purpose.
    15A N.C.A.C. 02L .0402 Definitions.
    15A N.C.A.C. 02L .0403 Rule Application, except ``a landowner 
seeking reimbursement from the Commercial Leaking Underground 
Storage Tank Fund or the Noncommercial Leaking Underground Storage 
Tank Fund under G.S. 143-215.94E, and any other person responsible 
for the assessment or cleanup of a discharge or release from an 
underground storage tank, including any person who has conducted or 
controlled an activity that results in the discharge or release of 
petroleum or petroleum products as defined in G.S. 143-215.94A(10) 
to the groundwaters of the State or in proximity thereto.''
    15A N.C.A.C. 02L .0404 Required initial abatement actions by 
responsible party.
    15A N.C.A.C. 02L .0405 Requirements for limited site assessment.
    15A N.C.A.C. 02L .0406 Discharge or release classifications.
    15A N.C.A.C. 02L .0407 Reclassification of risk levels.
    15A N.C.A.C. 02L .0408 Assessment and remediation procedures.
    15A N.C.A.C. 02L .0409 Notification requirements.
    15A N.C.A.C. 02L .0411 Establishing maximum soil contamination 
concentrations.
    15A N.C.A.C. 02L .0412 Analytical procedures for soil samples.
    15A N.C.A.C. 02L .0413 Analytical procedures for groundwater 
samples.
    North Carolina Administrative Code, Title 15A-Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2N, 
Underground Storage Tanks (2023):
    15A N.C.A.C. 02N .0101 General, except for (b).
    15A N.C.A.C. 02N .0102 Copies of referenced federal regulations.
    15A N.C.A.C. 02N .0104 Identification of tanks.
    15A N.C.A.C. 02N .0201 Applicability, except (1).
    15A N.C.A.C. 02N .0202 Installation requirements for partially 
excluded UST systems.
    15A N.C.A.C. 02N .0203 Definitions, except ``dispenser'' in 
(a)(1).
    15A N.C.A.C. 02N .0301 Performance standards for UST system 
installations or replacements completed after December 22, 1988 and 
before November 1, 2007.
    15A N.C.A.C. 02N .0302 Upgrading of existing UST systems after 
December 22, 1998 and before November 1, 2007.
    15A N.C.A.C. 02N .0303 Notification requirements.
    15A N.C.A.C. 02N .0304 Implementation schedule for performance 
standards for new UST systems and upgrading requirements for 
existing UST systems located in areas defined in Rule .0301(D).
    15A N.C.A.C. 02N .0401 Spill and overfill control.
    15A N.C.A.C. 02N .0402 Operation and maintenance of corrosion 
protection.
    15A N.C.A.C. 02N .0403 Compatibility.
    15A N.C.A.C. 02N .0404 Repairs allowed.
    15A N.C.A.C. 02N .0405 Reporting and recordkeeping.
    15A N.C.A.C. 02N .0406 Periodic testing of spill prevention 
equipment and containment sumps used for interstitial monitoring of 
piping and periodic inspection of overfill prevention equipment.
    15A N.C.A.C. 02N .0407 Periodic operation and maintenance 
walkthrough inspections.
    15A N.C.A.C. 02N .0501 General Requirements for all UST systems.
    15A N.C.A.C. 02N .0502 Requirements for petroleum UST systems.
    15A N.C.A.C. 02N .0503 Requirements for hazardous substance UST 
systems.
    15A N.C.A.C. 02N .0504 Methods of release detection for tanks, 
except (c).
    15A N.C.A.C. 02N .0505 Methods of release detection for piping.
    15A N.C.A.C. 02N .0506 Release detection recordkeeping.
    15A N.C.A.C. 02N .0601 Reporting of suspected releases.
    15A N.C.A.C. 02N .0602 Investigation due to off-site impacts.
    15A N.C.A.C. 02N .0603 Release investigation and confirmation 
steps.
    15A N.C.A.C. 02N .0604 Reporting and cleanup of spills and 
overfills.
    15A N.C.A.C. 02N .0701 General.
    15A N.C.A.C. 02N .0702 Initial response.
    15A N.C.A.C. 02N .0703 Initial abatement measures and site 
check.
    15A N.C.A.C. 02N .0704 Initial site characterization.
    15A N.C.A.C. 02N .0705 Free product removal.
    15A N.C.A.C. 02N .0706 Investigations for soil and groundwater 
cleanup.
    15A N.C.A.C. 02N .0707 Corrective action plan.
    15A N.C.A.C. 02N .0708 Public participation.
    15A N.C.A.C. 02N .0801 Temporary closure.
    15A N.C.A.C. 02N .0802 Permanent closure and change-in-service, 
except for ``except that an UST system containing de minimis 
concentrations of a regulated substance shall meet the closure 
requirements of this Rule within 12 months of January 1, 1991.''
    15A N.C.A.C. 02N .0803 Assessing the site at closure or change-
in-service.
    15A N.C.A.C. 02N .0804 Applicability to previously closed UST 
Systems.
    15A N.C.A.C. 02N .0805 Closure records.
    15A N.C.A.C. 02N .0901 General requirements, except 
``dispensers'' in (d); and Note to Paragraph (e).
    15A N.C.A.C. 02N .0902 Notification.
    15A N.C.A.C. 02N .0903 Tanks.
    15A N.C.A.C. 02N .0904 Piping.
    15A N.C.A.C. 02N .0905 Containment sumps.
    15A N.C.A.C. 02N .0906 Spill buckets.
    15A N.C.A.C. 02N .0907 National codes of practice and industry 
standards.
    15A N.C.A.C. 02N .1001 Definitions.
    15A N.C.A.C. 02N .1002 General requirements.
    15A N.C.A.C. 02N .1003 Additions, exceptions, and alternatives 
for UST systems with field-constructed tanks and airport hydrant 
systems.
    North Carolina Administrative Code, Title 15A-Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2O, 
Financial Responsibility Requirements for Owners and Operators of 
Underground Storage Tanks (2023):
    15A N.C.A.C. 02O .0101 General.
    15A N.C.A.C. 02O .0102 Financial responsibility.
    15A N.C.A.C. 02O .0203 Definitions.
    15A N.C.A.C. 02O .0204 Amount and scope of required financial 
responsibility.
    15A N.C.A.C. 02O .0302 Self insurance.
    15A N.C.A.C. 02O .0304 Insurance and risk retention group 
coverage.
    15A N.C.A.C. 02O .0308 Insurance pools.
    15A N.C.A.C. 02O .0402 Record keeping.
    15A N.C.A.C. 02O .0503 Incapacity of owner or operator or 
provider of assurance.
    15A N.C.A.C. 02O .0504 Replenishment.
    North Carolina Administrative Code, Title 15A-Environmental 
Quality; Chapter 2, Environmental Management; Subchapter 2P, Leaking 
Petroleum Underground Storage Tank Cleanup Funds (2023):
    15A N.C.A.C. 02P .0302 Notification.
    (c) Copies of the North Carolina statutes and regulations that 
are incorporated by

[[Page 79764]]

reference are available from the North Carolina Department of 
Environmental Quality, 217 West Jones Street, Raleigh, North 
Carolina, 27603 (physical address); 1646 Mail Service Center, 
Raleigh, North Carolina 27699-1646 (mailing address); Phone number: 
(919) 707-8200; website: https://www.deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/underground-storage-tanks-rules.

[FR Doc. 2024-22541 Filed 9-30-24; 8:45 am]
BILLING CODE 6560-50-P


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