North Carolina UST Regulations 2026: NCDEQ Program Guide

Key Compliance Requirements

To legally operate a UST in North Carolina, owners must maintain a valid annual operating permit, which requires all associated fees to be paid and the facility to be in compliance. Key requirements include:

• Corrosion, Spill, and Overfill Protection: All tanks and piping must have appropriate protection systems
• Integrity Testing: Spill buckets and containment sumps require integrity testing every three years
• Regular Inspections: Monthly visual inspections of spill buckets and leak detection systems are required
• Operator Training: All facilities must have designated and trained Class A, B, and C operators
• Annual Permits: Valid annual operating permits must be maintained

Leak Detection and Reporting Rules

Continuous leak detection is mandatory. Owners can use approved methods including:

• Automatic Tank Gauging (ATGS): Continuous monitoring systems that can automatically detect leaks
• Statistical Inventory Reconciliation (SIR): Monthly analysis of inventory data to identify potential leaks
• Interstitial Monitoring: For secondarily contained systems, monitoring the space between containment barriers
• Pressurized Piping: Requires an automatic line leak detector tested annually

If a release is suspected or confirmed, the owner or operator must report it to the appropriate NCDEQ regional office within 24 hours using the "24-Hour Release and UST Leak Reporting Form" (UST-61).

Financial Responsibility Requirements

UST owners must demonstrate financial responsibility to pay for cleanup and third-party damages from a potential leak. In North Carolina, this is primarily handled through participation in the state's cleanup fund with specific deductible amounts:

• Cleanup Costs: $20,000 deductible for standard upgraded tanks
• Third-Party Liability: $100,000 separate deductible for third-party liability claims
• Deductibles must be met before state fund reimbursement begins

North Carolina Leaking Petroleum UST Cleanup Fund

North Carolina's Leaking Petroleum UST Cleanup Fund provides critical financial support for eligible owners:

• Coverage: Reimburses eligible owners for reasonable and necessary cleanup costs exceeding their deductible
• Maximum Coverage: Up to $1.5 million per incident
• Eligibility Requirements: Tank must be registered and all annual operating fees must have been paid before the release was discovered
• Fund covers both investigation and remediation costs

Recent Regulatory Changes for 2026

In late 2024, the EPA gave final approval to North Carolina's updated UST program, affirming its stringency. For 2026, key updates include:

• Updated Guidance Documents: New guidance from NCDEQ rolled out during 2025
• Site Check Procedures: Updated protocols for site investigations
• Corrective Action Guidelines: Refined procedures for cleanup activities
• "Reasonable & Necessary" Cost Schedule: Updated cost guidelines for cleanups

Practical Tips for UST Owners

• Keep Meticulous Records: Maintain organized logs of leak detection results, inspections, and maintenance activities.
• Calendar Key Dates: Set reminders for annual fee payments, triennial integrity testing, and permit renewals.
• Train Your Staff: Ensure all on-site personnel can identify a potential release and know who to notify immediately.
• Know Your Regional Office: Keep the contact information for your local NCDEQ office readily accessible. Prompt communication during an incident is critical.
• Understand Fund Eligibility: Ensure all fees are current before any incident occurs to maintain cleanup fund eligibility.
• Form UST-61: Keep the 24-Hour Release and UST Leak Reporting Form readily available for emergency use.