Ameer Randolph
Underground storage tanks (USTs) were commonly used in North Carolina homes built before the mid-1960s for storing the heating oil used as fuel for furnaces. While many residents have since switched to above-ground tanks or electric furnaces, the remaining underground tanks pose a risk of soil and water contamination due to oil leakage. The regulation of residential underground fuel storage tanks in North Carolina falls under the purview of the state's Underground Storage Tank (UST) program, which is managed by the North Carolina Department of Environment and Natural Resources (DENR) in collaboration with the Underground Storage Tank Section of the NC DEQ. This program enforces specific criteria and standards for regulated USTs, ensuring compliance with state and federal laws, and addressing issues such as leak detection, spill prevention, and remediation.
| Characteristics | Values |
|---|---|
| Regulating body | North Carolina Department of Environment and Natural Resources |
| Relevant legislation | North Carolina Administrative Code Title 15A Subchapters 2N and 2L |
| Role | Determines the responsible party for environmental contamination, conducts leak detection compliance inspections, and oversees tank removal, assessment, and remediation |
| Registration | Required for aboveground storage tanks (ASTs) that meet the definition of an Oil Terminal Facility |
| Reporting requirements | In the event of a known or suspected release, the responsible party must submit a 24-Hour Release and UST Leak Reporting Form within 24 hours to the Winston-Salem Regional Office UST Section or Guilford County Environmental Health |
| Removal process | Must complete and submit a GW/UST-3 Form at least five working days in advance if supervised by a Professional Engineer or Licensed Geologist; otherwise, 30 days' notice is required |
| Post-removal requirements | Within 30 days after closure, a UST closure report and a Site Investigation Report for Permanent Closure or Change-in-Service of USTs must be submitted to the Regional Office |
| Spill prevention | All regulated facilities must have a fully prepared and implemented Spill Prevention, Control, and Countermeasure (SPCC) Plan |
| Capacity regulations | Applicable to facilities with a total aboveground oil storage capacity of >1,320 gallons or total buried oil storage capacity of >42,000 gallons |
| Soil contamination | Soil testing is recommended to identify contamination, which must be remediated by an authorized company |
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What You'll Learn
The North Carolina Department of Environment and Natural Resources regulates USTs
Underground storage tanks (USTs) are a common feature in North Carolina homes built before the mid-1960s. These tanks were used to store heating oil for furnaces, which was typically topped off by oil trucks during the winter months. Over time, many residents switched to above-ground tanks or alternative heating methods, such as natural gas or electric furnaces.
The presence of USTs can pose a problem due to the potential for corrosion and leakage over time. Leaking oil can contaminate the surrounding soil, groundwater, and even drinking water. In North Carolina, the regulation and management of USTs fall under the purview of the North Carolina Department of Environment and Natural Resources. This department enforces the UST regulations outlined in the "North Carolina Administrative Code Title 15A Subchapters 2N and 2L."
The Underground Storage Tank Section within the department plays a crucial role in managing the UST program. They are responsible for issuing permits, collecting annual fees, and providing information for regulated and commercial USTs. Additionally, they assist owners and operators in complying with operational standards, including leak detection, spill prevention, and corrective actions in the event of spills or releases from USTs.
The department also enforces compliance with UST regulations through the HERA Team, which conducts inspections for UST systems operated in Guilford County. When a release or suspected release from a UST system occurs, the responsible party (tank owner or operator) must submit a 24-Hour Release and UST Leak Reporting Form within 24 hours to the Winston-Salem Regional Office UST Section or Guilford County Environmental Health. Prior to removing a regulated UST, the owner or operator must complete and submit the necessary forms, with the timeframe depending on whether a Professional Engineer or Licensed Geologist supervises the closure assessment.
The North Carolina Department of Environment and Natural Resources plays a vital role in ensuring the safe management and regulation of USTs, protecting the environment and the health of North Carolina residents.
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The NCDEQ – Underground Storage Tanks (UST) Section
The NCDEQ – UST Section ensures compliance with state and federal laws, policies, rules, and regulations, assisting owners and operators in adhering to operational standards, including leak detection, spill and overfill prevention, etc. This section also supervises the permanent closure activities of UST systems and any corrective actions required to address spills and releases from USTs.
The NCDEQ – UST Section also manages the administration of a trust fund to reimburse cleanup costs associated with commercial UST petroleum releases. In the event of a release from an underground storage tank, the responsible party (tank owner or operator) must submit a 24-Hour Release and UST Leak Reporting Form within 24 hours of discovery to the Winston-Salem Regional Office UST Section or the relevant county department, such as Guilford County Environmental Health.
The regulations apply to facilities with a total aboveground oil storage capacity of more than 1,320 gallons or a total buried oil storage capacity of over 42,000 gallons. These regulations specifically concern a facility's storage capacity, regardless of whether the tanks are completely filled. Additionally, a facility is regulated if an oil discharge could enter US navigable waters or adjoining shorelines. Such facilities are required to have a fully prepared and implemented Spill Prevention, Control, and Countermeasure (SPCC) Plan.
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Removal and disposal of USTs
In North Carolina, the Underground Storage Tank (UST) program is managed by the Underground Storage Tank Section of the NC DEQ (North Carolina Department of Environmental Quality). This section is responsible for issuing permits, collecting annual fees, and handling information requests for regulated and commercial USTs.
Now, if you have an underground propane tank that you no longer wish to use, there are specific suggestions and requirements for its removal or abandonment. If there is a contract between you and the propane company, the charges stipulated in that contract will determine the costs for removing the tank and the propane inside. On the other hand, if there is no contract, there should be no charge to the customer for tank removal, and they should receive a refund for the propane in the tank based on the cost per gallon at the last delivery.
It is important to note that there is an acceptable procedure to abandon a tank in place if removal is not feasible due to economic or other factors. This procedure should be carried out by a person or company with the necessary experience and training to ensure it is done properly and safely. The consideration for abandoning a tank in place is that these tanks are made of steel, which is susceptible to rust and corrosion over time.
The NC DEQ's Underground Storage Tank Section also oversees the permanent closure activities of UST systems and any corrective actions required to address spills and releases. This includes the administration of a trust fund to reimburse cleanup costs associated with commercial UST petroleum releases. Additionally, the section ensures compliance with state and federal laws, assisting owners and operators in meeting operational standards, such as leak detection and spill prevention.
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Soil contamination and remediation
In North Carolina, the Underground Storage Tank (UST) program is managed by the Underground Storage Tank Section of the NC DEQ (North Carolina Department of Environmental Quality). The section ensures compliance with state and federal laws, rules, and regulations, assisting owners and operators in adhering to operational standards such as leak detection and spill prevention.
Soil contamination from underground fuel storage tanks is a significant issue that requires remediation to protect human health and the environment. Leaking USTs can contaminate soil and groundwater, posing serious environmental and health risks. The EPA (Environmental Protection Agency) works with states, territories, and tribal governments to address the cleanup of contaminated sites and prevent future releases.
When soil contamination from a UST is identified, a qualified professional can assist in determining the appropriate course of action. This may include monitoring the contamination to observe if natural processes can reduce it, a method known as natural attenuation. In other cases, more intensive methods of active remediation may be necessary to clean up the contamination.
The specific remediation approach depends on the extent and nature of the contamination. Some sites with extensive groundwater contamination may require years of cleanup activities and incur high costs. On the other hand, sites with minimal or no groundwater contamination can often be restored quickly and at a lower cost. Soil sampling and analysis are crucial tools for assessing and monitoring soil contamination levels.
In North Carolina, the Underground Storage Tank Section also oversees the Ex Situ Petroleum Contaminated Soil Remediation Permit program, which is a crucial component of the state's efforts to address soil contamination resulting from underground fuel storage tanks.
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Compliance inspections
In North Carolina, the Underground Storage Tank (UST) Section of the North Carolina Department of Environmental Quality (NCDEQ) regulates underground fuel storage tanks. The UST Section manages the UST program, the Non-UST petroleum releases program, and the Ex Situ Petroleum Contaminated Soil Remediation Permit program.
The UST Section is responsible for ensuring compliance with all relevant state and federal laws, policies, rules, and regulations regarding underground storage tanks. This includes assisting owners and operators in complying with operational standards such as leak detection, spill and overfill prevention, and ensuring that UST systems are properly permitted.
The permitting process for USTs involves inspections to verify that the systems are in good operating order and pose no danger to the environment or human health and safety. The UST Section's Permits and Inspection Program conducts these inspections to ensure compliance with the regulations that govern the operation of USTs.
During compliance inspections, the UST Section verifies that UST systems meet the required standards and regulations. This includes checking for proper installation, construction, permitting, monitoring, and maintenance of the tanks. The inspections also assess the implementation of spill prevention measures, such as leak detection systems and overfill prevention devices, to ensure they meet the required standards.
The UST Section provides education, training, and technical assistance to owners and operators of USTs to facilitate compliance. This includes offering guidance on safe operating practices and providing one-on-one support to help bring their systems into compliance if needed. The section also oversees corrective actions and permanent closure activities for UST systems, ensuring that any spills or releases are properly addressed and remediated.
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Frequently asked questions
The North Carolina Department of Environment and Natural Resources (DENR), Waste Management Division.
The responsible party (tank owner or operator) is required to submit a 24-Hour Release and UST Leak Reporting Form within 24 hours of discovery to the Winston-Salem Regional Office UST Section or Guilford County Environmental Health.
Prior to removing a regulated UST, the tank owner or operator must complete and submit a GW/UST-3 Form (UST Permanent Closure of Change-in-Service) at least five working days in advance if a Professional Engineer (P.E.) or Licensed Geologist (L.G.) supervises the closure. Otherwise, 30 days' notice is required.
Within 30 days after closure, a UST closure report and a UST-2 Form (Site Investigation Report for Permanent Closure or Change-in-Service of USTs) must be submitted to the Regional Office.
If a release from a non-regulated UST is discovered or confirmed, the responsible party (tank owner) needs to comply with 15A NCAC 2L .0115 for the assessment and remediation.
