15A NCAC 02N .0203. DEFINITIONS

(a)  The definitions contained in 40 CFR 280.12 (Subpart A) are hereby incorporated by reference including subsequent amendments and editions except that 40 CFR 280.12 "UST system" shall be changed to read "'UST system' or 'Tank system' means an underground storage tank, connected underground piping, underground ancillary equipment, dispenser, and containment system, if any."

(b)  This Rule shall apply throughout this Subchapter except that:

(1)           "Implementing agency" shall mean the "Division of Waste Management."

(2)           "Division" shall mean the "Division of Waste Management."

(3)           "Director" and "Director of the Implementing Agency" shall mean the "Director of the Division of Waste Management."

(c)  The following definitions shall apply throughout this Subchapter:

(1)           "De minimis concentration" means the amount of a regulated substance which does not exceed one percent (1%) of the capacity of a tank, excluding piping and vent lines.

(2)           "Expeditiously emptied after use" means the removal of a regulated substance from an emergency spill or overflow containment UST system within 48 hours after the necessity for use of the UST system has ceased.

(3)           "Previously closed" means:

(A)          An UST system from which all regulated substances had been removed, the tank filled with a solid inert material, and tank openings were sealed or capped prior to December 22, 1988; or

(B)          An UST system removed from the ground prior to December 22, 1988.

(4)           "Temporarily closed" means:

(A)          An UST system from which the product has been removed such that not more than one inch of product and residue are present in any portion of the tank; or

(B)          Any UST system in use as of December 22, 1988 which complies with the provisions of 15A NCAC 2N .0801

(5)           "Secondary containment" means a method or combination of methods of release detection for UST systems that includes:

(A)          For tank installations or replacements completed prior to November 1, 2007, double-walled construction and external liners (including vaults);

(B)          For underground piping installations or replacements completed prior to November 1, 2007, trench liners and double-walled construction;

(C)          For tank installations or replacements completed on or after November 1, 2007, double-walled construction and interstitial release detection monitoring which meet the requirements of Section .0900 of this Subchapter; and

(D)          For all other UST system component installations or replacements completed on or after November 1, 2007, double-walled construction or containment within a liquid-tight sump, and interstitial release detection monitoring which meet the requirements of Section .0900 of this Subchapter. The Division shall approve other methods of secondary containment for connected piping that it determines are capable of meeting the requirements of Section .0900 of this Subchapter.

(6)           "Interstitial space" means the opening formed between the inner and outer wall of an UST system with double-walled construction or the opening formed between the inner wall of a containment sump and the UST system component that it contains.

(7)           "Replace" means to remove an UST system or UST system component and to install another UST system or UST system component in its place.

(8)           "UST system component or tank system component" means any part of an UST system.

 

History Note:        Authority G.S. 143‑215.3(a)(15); 143B‑282(2)(h); 150B‑14(c);

Eff. January 1, 1991;

Temporary Amendment Eff. January 7, 1991 For a Period of 180 Days to Expire on July 6, 1991;

Temporary Amendment Expired July 6, 1991;

Amended Eff. November 1, 2007.