What to Know About Tank Decommissioning in North Carolina
This page covers tank decommissioning for an underground storage tank at a North Carolina business or home. The UST Section of the North Carolina Department of Environmental Quality (NCDEQ), in its Division of Waste Management, runs the state program. EPA approved that program under 40 CFR 282.83, so the state rules in 15A NCAC 02N apply in place of the federal ones. Those rules adopt the federal UST definition, which excludes tanks storing heating oil for use on the premises. It also excludes farm or residential motor fuel tanks of 1,100 gallons or less used for noncommercial purposes. A buried home heating oil tank is therefore a non-regulated, noncommercial tank. DEQ's non-regulated UST brochure adds that heating oil tanks used for fuel resale are regulated.
Tank closure for a regulated tank starts with Form UST-3, the notice of intent, filed at least 30 days before closure activities begin. It goes to the Division of Waste Management regional office, with a copy to the Raleigh central office. DEQ's closure guidelines also say to ask the local fire marshal about local permits. The tank is emptied, cleaned and removed. Closure in place, which the form calls abandonment in place, needs prior written approval from the regional office. Closure sampling follows the guidelines. The closure report, in UST-12 format with Form UST-2A or UST-2B, is due within 30 days after the closure work. Under 40 CFR 280.70, a substandard tank out of service for more than 12 months must be closed unless DEQ extends the period. Closure records are kept for at least three years.
North Carolina's Commercial Leaking Petroleum UST Cleanup Fund pays for cleanup after a release from a commercial underground storage tank, not for tank decommissioning. G.S. 143-215.94B bars its use for removal or replacement of any tank, pipe, fitting or related equipment. NCDEQ's closure guidelines limit fund coverage at closure to assessment costs, such as sampling that documents a release. For a tank that met the applicable performance standards, the owner pays the first $20,000 per occurrence. Fund payments stop once total eligible cleanup costs reach $1,000,000 per occurrence, apart from a partial extension. The Noncommercial Fund, which covered home heating oil tanks, was phased out by Session Law 2015-241, as the Trust Fund Branch page notes. That page treats a heating oil tank over 1,100 gallons as commercial unless it serves four or fewer households. See closure in place versus UST removal for how the method changes a job.
For a home heating oil tank, DEQ's heating oil tank FAQ says the closure requirements do not apply and tank removal is not required. DEQ advises emptying an unused tank and not filling it with water. Some local fire inspectors' offices regulate underground tanks, so check with the local office before tank removal. In Durham, the fire department's tank removal permit application says a permit is needed before removing any storage tank in city limits. Signs of a leak must be reported to the DEQ regional office within 24 hours. For a regulated tank closure after a release, the UST-3 form requires a licensed geologist or professional engineer to supervise the site assessment and seal the reports. DEQ's UST Service Provider Listing is voluntary, and DEQ says it is not an approval, so confirm any geologist's or engineer's license with the state board.