Underground Storage Tank (UST) Permits

Groundwater Section

Division of Water Quality

An underground storage tank is defined as a tank used to accumulate regulated substances and whose volume (including connected underground piping) is 10 percent or more beneath the ground. As of July 1, 1996, all commercial UST facilities must have a permit. Fuel suppliers who knowingly deliver petroleum to commercial facilities without permits and owners or operators who have petroleum placed in commercial USTs without permits will be subject to the assessment of penalties.

Examples of Commercial USTs:

USTs used for storing motor fuel (gasoline, diesel, gasohol, etc.) at retail and non-retail facilities such as service stations, convenience stores, truck stops, beverage distributors, auto dealers, trucking companies, rental car agencies, motor fleet owners, school bus garages, churches, golf courses, etc.;
Motor fuel tanks greater than 1,100 gallons in capacity at farms or residences;
Non-residential heating oil tanks greater than 1,100 gallons in capacity such as at businesses, industries, government property, schools, churches, hospitals, rest homes, etc.;
Heating oil tanks over 1,100 gallons heating five or more households such as for apartment buildings, rest homes, etc.;
Fuel oil and kerosene tanks used for resale at gas stations, conveniences stores, etc.; and
USTs containing motor oil and used or waste oil at quick lube outlets, garages, etc.

Examples of USTs that will not require a permit:

Heating oil tanks of any size at single family dwellings; and
USTs containing hazardous substances ("hazardous substance" is defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and does not include petroleum).

Note: Even though hazardous substance USTs do not require a permit, they must have leak detection equipment; and by December 22, 1998 they must have secondary containment, be protected from corrosion, and have spill and overfill prevention equipment.

Criteria for obtaining an operating permit

The UST must be registered. Once commercial USTs are registered with the state, an application for the operating permit will be mailed to the facility annually.
Annual tank operating fees must be paid.
The leak detection requirements must be met (Note: USTs containing heating oil for on-site use are not required to perform leak detection monitoring.)
Stage I vapor recovery equipment must be installed for all applicable gasoline USTs.

Note: The following gasoline USTs are not required to have Stage I vapor recovery: (a) tanks that are 550 gallons in capacity or less, (b) tanks that are 2,000 gallons in capacity or less and were installed before July 1, 1979, or (c) tanks at facilities that have a combined throughput of less than 50,000 gallons per year.

Notification for activities involving underground storage tanks

A GW/UST-6 form must be completed at least 30 days before a new UST is installed.
For an existing UST, the Groundwater Section must be notified of a change in ownership or an upgrade to the UST. The GW/UST-8 form should be used for this notification.
A GW/UST-3 form must be submitted to the Regional Office staff at least 5 days prior to tank removal if a Professional Engineer or Licensed Geologist will supervise the closure; otherwise, 30 days notice is required.
The Groundwater representative at the appropriate Regional Office should be contacted if a UST is to be removed, or a leak or contamination associated with a UST is found.
Non-petroleum substances must also be included on the notification form(s) even though hazardous substance USTs do not require a permit.

These forms can be obtained from any of the seven Department of Environment and Natural Resources (DENR) regional offices located across North Carolina, or from the central Groundwater Section office located in Raleigh. EPIC can provide the telephone numbers for these offices.

Duration of permit

An operating permit is valid for one year and requires annual renewal. Owners or operators of commercial UST facilities must obtain an operating permit for each facility. A facility will be sent a renewal application during one of four billing cycles (February, May, August, and November).

Associated fees

The annual operating fee for each commercial tank with a capacity of 3,500 gallons or less is $200. If the capacity of the tank is greater than 3,500 gallons, an annual operating fee of $300 is assessed. USTs with more than one compartment are assessed by the number of compartments. Payment of operating fees supports the State Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund. Under certain conditions, this fund helps pay for the clean up of contamination from leaking USTs and third party liability claims.

For more information . . .

The Environmental Permit Information Center (EPIC) can provide additional general information about underground storage tank permits. For more specific information, EPIC staff will direct inquiries to the appropriate staff.