Regulatory Review of Underground Storage Tank Rules by Andria Merritt - Division of Waste Management

This regulatory review covers three key sections - 15A.NCAC.02N, 15A.NCAC.02O, and 15A.NCAC.02P - related to underground storage tank rules. The initial determinations highlight the rules necessary with substantive public interest and the actions required for approval. The schedule outlines the timeline for final determinations and rulemaking activities.

• Regulatory review
• Underground storage tanks
• Environmental management
• Waste management
• Public interest

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1. Regulatory Review of 15A NCAC 02N, 15A NCAC 02O, and 15A NCAC 02P Underground Storage Tank Rules Andria Merritt - Division of Waste Management Environmental Management Commission GWWMC May 10, 2017

2. Regulatory Review 15A NCAC 02N: Criteria and Standards Applicable to Underground Storage Tanks 15A NCAC 02O: Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks 15A NCAC 02P: Leaking Petroleum Underground Storage Tank Cleanup Funds Department of Environmental Quality 2

3. Initial Determination 15A NCAC 02N - 46 rules 42 rules necessary with substantive public interest Sections .0200-.0900 4 rules are necessary without substantive public interest Section .0100 General Considerations (.0101-.0104) 15A NCAC 02O - 23 rules 20 rules necessary with substantive public interest Sections .0200-.0500 3 rules are necessary without substantive public interest Section .0100 General Considerations (.0101-.0103) Department of Environmental Quality 3

4. Initial Determination 15A NCAC 02P - 15 rules 12 rules are necessary with substantive public interest All of Sections .0200, .0300, and .0400 (except .0408) 2 rules necessary without substantive public interest All of Section .0100 1 rule unnecessary Rule .0408 Department of Environmental Quality 4

5. Initial Determination Rules listed as necessary without substantive public interest addressed general topics such as where to find copies of referenced materials, substituted sections, and identifying tanks on a site diagram One rule was deemed unnecessary (15A NCAC 02P .0408) because the rule expired on October 1, 2011 per General Statue Department of Environmental Quality 5

6. Schedule Action / Responsibility Initial Determinations / GWWMC Approve Determinations for Public Comment / EMC Public Comment Period Action to Proceed to EMC / GWWMC Action to Approve Determinations / EMC Report due to RRC RRC Review/Approval Final Determination Effective in 60 days / APO Commence Rulemaking to re-adopt rules in accordance with APA Department of Environmental Quality Date May 10, 2017 July 13, 2017 July-September 2017 November 8, 2017 January 11, 2018 January 2018 February 2018 May 1, 2018 6

7. Questions? andria.merritt@ncdenr.gov 919-707-8157 Department of Environmental Quality 7