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HomeMy WebLinkAboutFA-29655_48901_G_NORR_20221216 North Carolina Department of Environmental Quality | Division of Waste Management Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215 December 16, 2022 CERTIFIED MAIL 7021 2720 0002 3808 2925 RETURN RECEIPT REQUESTED Christopher A. Click, Executive Director Murphy Oil USA, Inc. 200 Peach Street El Dorado, AR 71730-5836 Re: Notice of Regulatory Requirements 15A NCAC 02N .0602 and .0603 Investigation and Confirmation of a Suspected Release from an Underground Storage Tank Murphy Express #8549 4993 NC 42 HWY West, Garner Johnston County Facility ID#: 00-0-0000037042 Incident Number: Pending Risk Classification: Pending Ranking: Pending Dear Click: Information received by the Wilmington Regional Office of the UST Section, Division of Waste Management, on December 9, 2022 indicates the potential for a suspected release, from the subject facility, due to the discovery of offsite impacts, including the detection of petroleum compounds on offsite property monitoring wells. Records indicate that you are the owner or operator of a UST system suspected of being the source for this release. Therefore, you must immediately investigate to confirm the suspected release pursuant to Title 15A NCAC 02N .0603. To achieve compliance with this rule, you must: 1. conduct tank tightness tests for each UST in accordance with federal regulation 40 CFR 280.43(c) (as incorporated by Title 15A NCAC 02N .0504), 2. conduct line tightness tests for each piping system associated with a UST in accordance with 40 CFR 280.44(b) (as incorporated by Title 15A NCAC 02N .0505), and 3. conduct a site check in accordance with 40 CFR 280.52(b) (as incorporated by Title 15A NCAC 02N .0603) as described in the most recent version of the Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement Action, as available at https://deq.nc.gov/about/divisions/waste-management/underground-storage-tanks- section/ust-guidance-documents . The results of the tank tightness test(s) and line tightness test(s) must be received by this office within 7 days of receipt of this notice. The results of the site check must be received by this office within 30 days of receipt of this notice. If a release or discharge is confirmed, a Licensed Geologist or a Professional Engineer, certified by the State of North Carolina, is required to prepare and certify all reports submitted to the Department of Environmental Quality in accordance with Title 15A NCAC 02L .0103(e) and 02L .0111(e). Failure to comply in the manner and time specified may result in the assessment of civil penalties and/or the use of other enforcement mechanisms. Please note that, as the aforementioned site investigation efforts described above are being required by the Department based upon a determination that this UST system represents a suspected source of an off-site impact, and, in this case, are not routine leak detection procedures associated with an onsite detection of a suspected release, some or all of the investigative costs may be eligible for reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund (Trust Fund) reimbursement under North Carolina General Statute (G.S.) 143-205.94B(b)(8). If you have any questions regarding Trust Fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at (919) 707-8171. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact me at (910) 796-7263 or the address listed below. Sincerely, Liz Price Hydrogeologist Wilmington Regional Office UST Section, Division of Waste Management, NCDEQ cc: Johnston County Health Department Ed Owen – UST / PIBS, via email correspondence