Periodic Review Reports for 15A NCAC 02N, 02O, and 02P July 13, 2017 Environmental Management Commission Periodic Review Reports for 15A NCAC 02N, 02O, and 02P Andria Merritt Division of Waste Management, UST Section

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

Updates Updates to Periodic Review of Existing Rules Reports: 15A NCAC 02N .0103 Repealed effective June 1, 2017, removed from report 15A NCAC 02O .0309 and .0310 15A NCAC 02N .0100-.0800 Effective dates updated to June 1, 2017 Department of Environmental Quality

Initial Determinations 15A NCAC 02N - 45 rules 42 rules necessary with substantive public interest Sections .0200-.0900 3 rules are necessary without substantive public interest Section .0100 – General Considerations (.0101-.0104) 15A NCAC 02O - 21 rules 18 rules necessary with substantive public interest Sections .0200-.0500 Section .0100 – General Considerations (.0101-.0103) Department of Environmental Quality

Initial Determinations 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

Initial Determinations 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 Statute Department of Environmental Quality

Action / Responsibility Schedule Action / Responsibility Date Initial Determinations / GWWMC May 10, 2017 Approve Determinations for Public Comment / EMC July 13, 2017 Public Comment Period July-September 2017 Information item / GWWMC November 8, 2017 Action to Approve Determinations / EMC January 11, 2018 Report due to RRC January 15, 2018 RRC Review / Approval February 15, 2018 Submitted to APO February 19, 2018 Final Determinations Effective on 61st day or earlier if APO meets April 20, 2018 Department of Environmental Quality

Requested Action The Division is requesting the Commission’s approval to proceed to public comment with the Periodic Review of Existing Rules Initial Determination reports for Subchapters 15A NCAC 02N, 15A NCAC 02O, and 15A NCAC 02P. Department of Environmental Quality

Questions? Andria Merritt Hydrogeologist – Permits & Inspections Branch Division of Waste Management Underground Storage Tank Section andria.merritt@ncdenr.gov 919-707-8157 Department of Environmental Quality