1. 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

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

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Repealed effective June 1, 2017, removed from report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

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

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

6. 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

7. 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

8. 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

9. Questions? Andria Merritt
Hydrogeologist – Permits & Inspections Branch
Division of Waste Management
Underground Storage Tank Section
Department of Environmental Quality