79756 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 

State citation Title/subject State effective 

date EPA approval date Additional explanation/ § 52.2063 citation 

129.140 .......................... Recordkeeping and reporting.12/2/22 10/1/24, [INSERT FEDERAL REGISTER 

CITATION].

Controlling VOC emissions from conventional 

oil and natural gas sources. 

* * * * * * * 

* * * * * (2) * * * 

Article XX or XXI citation Title/subject State effective 

date EPA approval date Additional explanation/ § 52.2063 citation 

Subpart 7—Miscellaneous VOC Sources 

*******

2105.87 .......................... Control of VOC Emissions from Unconventional and Conventional Oil and Natural Gas Industry 

Sources.

2/5/23 10/1/24, [INSERT FEDERAL REGISTER 

CITATION].

Incorporates by reference the Pennsylvania Department of Environmental Protection regulations for ‘‘unconventional’’ and ‘‘conventional’’ 

oil and natural gas sources promulgated at 

52 Pa.B. 5287 and 52 Pa.B 7635 (both published on December 10, 2022). The SIP revision does not include the last sentence of 

§ 2105.87.a, which is noted in strikethrough. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–22386 Filed 9–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: giri.upendra@epa.gov. 

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 


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Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 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: giri.upendra@

epa.gov. 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 


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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 


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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 


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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: 

• 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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.); 

• 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); 

• Do not have federalism implications 

as specified in Executive Order 13132 

(64 FR 43255, August 10, 1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• 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; 

• 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). 

• 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 

■ 1. The authority citation for part 282 

continues to read as follows: 

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

and 6991e. 

■ 2. Revise § 282.83 to read as follows: 

§ 282.83 North Carolina StateAdministered 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. 


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(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 § 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/wastemanagement/underground-storagetanks-section/underground-storagetanks-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 


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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 underdispenser 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. 

■ 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). 


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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 


khammond on DSKJM1Z7X2PROD with RULES
79764 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations 

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-storagetanks-section/underground-storage-tanksrules. 

[FR Doc. 2024–22541 Filed 9–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 418 

[CMS–1810–CN] 

RIN 0938–AV29 

Medicare Program; FY 2025 Hospice 

Wage Index and Payment Rate Update, 

Hospice Conditions of Participation 

Updates, and Hospice Quality 

Reporting Program Requirements; 

Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the 

August 6, 2024 Federal Register titled 

‘‘Medicare Program; FY 2025 Hospice 

Wage Index and Payment Rate Update, 

Hospice Conditions of Participation 

Updates, and Hospice Quality Reporting 

Program Requirements’’. 

DATES: This correction is effective on 

October 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

For questions regarding the hospice 

wage index, contact Chantelle Caldwell, 

(410) 786–8743. 

For general questions about hospice 

payment policy, contact the hospice 

mailbox at: hospicepolicy@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2024–16910 of August 6, 

2024 (89 FR 64202), there were a 

number of technical and typographical 

errors that are identified and corrected 

in this correcting document. The 

provisions in this correction document 

are effective as if they had been 

included in the final rule that appeared 

in the August 6, 2024 Federal Register. 

Accordingly, the corrections are 

effective October 1, 2024. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 64207, we made a 

typographical error in the reported corebased statistical area (CBSA) name and 

wage index value for CBSA 25980, 

Hinesville, Georgia. We reported the 

CBSA name as Hinesville-Fort Stewart, 

Georgia instead of Hinesville, Georgia, 

and the FY 2025 hospice wage index 

value as 0.8872, instead of 0.8886. 

On page 64210, in Table 3, titled 

‘‘Urban Counties that Would Change to 

Rural Status’’, we inadvertently omitted 

FIPS county 09015 Windham County 

from the list of counties that were 

previously urban but would gain rural 

status beginning in FY 2025. Table 3 

contains the FIPS codes, county name, 

current CBSA number and name of the 

counties that will gain rural status in FY 

2025. Windham County was previously 

designated in CBSA 49340 Worchester, 

MA–CT. However, beginning in FY 

2025 this county is redesignated into 

rural Connecticut (rural area 99907). 

Accordingly, we are adding FIPS 09015 

Windham County to the list of counties 

that will gain rural status beginning in 

FY 2025. We also reported a total of 53 

counties and county equivalents that are 

currently considered urban that would 

be considered rural beginning in FY 

2025. Therefore, with the addition of 

Windham County to the list, we are 

correcting that number to 54 counties 

and county equivalents. 

Windham County is also experiencing 

a change to its county name beginning 

in FY 2025, as described in the FY 2025 

hospice final rule (89 FR 64209) and 

will transition from FIPS county 09015 

Windham County to 09150 Northeastern 

Connecticut planning region. 

On page 64222, in Table 8, titled 

‘‘Counties That Will Use a Wage Index 

Transition Code’’, we inadvertently 

omitted FIPS county 09150 

‘‘Northeastern Connecticut Planning 

Region’’ from the list of counties that 

will use a transition code on hospice 

claims for FY 2025 instead of the CBSA 

number. Table 8 contains the FIPS 

codes, county name, current CBSA 

number and name, the redesignated FY 

2025 CBSA number and name and the 

corresponding ‘‘500XX’’ transition code 

that must be submitted on hospice 

claims for FY 2025 to ensure that 

hospice providers who provide services 

in certain counties receive that county’s 

appropriate wage index value. The 

omission of the Northeastern planning 

region from Table 8 and the subsequent 

unassigned transition code for that 

region resulted in two wage index 

values being assigned to statewide rural 

area 99907 in the FY 2025 hospice final 

wage index file located at: https://

www.cms.gov/medicare/payment/feefor-service-providers/hospice/hospicewage-index. However, for hospice 

claims processing, each CBSA or 

statewide rural area can have only one 

wage index value assigned to that CBSA 

or statewide rural area. Therefore, 

hospices that serve beneficiaries in the 

Northeastern Connecticut planning 

region must use transition code 50030, 

instead of the rural statewide code 

99907, on hospice claims beginning in 

FY 2025. Accordingly, we are adding 

FIPS county 09150 ‘‘Northeastern 

Connecticut Planning Region’’ to the list 

of counties in Table 8 that will use a 

transition code on hospice claims for FY 

2025 instead of the CBSA number. 

This correction does not represent a 

change in policy and is consistent with 

the finalized transition policy outlined 

in the FY 2025 Hospice final rule (89 FR 

64220–64224), where beginning in FY 

2025, certain counties must use a 500XX 

transition code on hospice claims 

instead of the statewide rural area or 

CBSA code in circumstances where a 

county was redesignated into a new 

CBSA or rural area and has a different 

wage index than the constituent 

counties that make up that CBSA or 

rural area due to the calculation of the 

5-percent cap. 

On page 64239, we made a 

typographical error. We inadvertently 

included the word ‘‘Proposed’’ in the 

title of Section III.D.2, which therefore 

incorrectly read: ‘‘Implementation of 

Two Process Quality Measures Based on 

Proposed HOPE Data Collection’’. As 

HOPE is finalized as of the FY 2025 

final rule, it should not be referred to as 

‘‘proposed’’. Therefore, the title of this 

Section III.D.2 is corrected to read: 

‘‘Implementation of Two Process 

Quality Measures Based on HOPE Data 

Collection.’’ 

On page 64240, we made a 

typographical error in the sentence 

‘‘CMS maintains to avoid creating 

unnecessary burden for hospice 

providers.’’ The sentence is corrected to 

read: ‘‘CMS maintains its commitment 

to avoid creating unnecessary burden 

for hospice providers.’’ 

On page 64242, we made a 

typographical error in the sentence 

‘‘Theses (SFVs) may be performed by 

RNs or LPNs/LVNs.’’ The sentence is 

corrected to read: ‘‘These SFVs may be 

performed by RNs or LPNs/LVNs.’’ 

On page 64244, under the 

undesignated heading ‘‘Public 

Availability of Data Submitted’’, we 

made two typographical errors. We 

stated the following: ‘‘We are finalizing 

the decision that the data from the first 

quarter Q4 CY 2025, if HOPE data 


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