RA-2069_12609_G_NORR_20220203_MRP FPRR RQST PHILLIPS66

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director

North Carolina Department of Environmental Quality | Division of Waste Management | UST Section
Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | [phone]
February 3, 2022
Mr. Ed Kuhn, %GHD
ConocoPhillips Company
222 South Church St, Suite 400
Charlotte, NC 28202
Re: Notice of Regulatory Requirements
15A NCAC 2L .0407(d) [Intermediate Risk]
Risk-based Assessment and Corrective Action
For Petroleum Underground Storage Tanks
Speedway #8264
1122 East Raleigh Blvd, Rocky Mount, NC
Edgecombe County
Incident Number: 47582 (see also 12609)
Risk Classification: Intermediate
Ranking: I 0170 D
Dear Mr. Kuhn:
On January 14, 2022, the Underground Storage Tank (UST) Section, Division of Waste
Management, Department of Environmental Quality (Department) received a Free Product Recovery and
Petroleum Equipment Testing Report from Mid-Atlantic Associates, Inc., on behalf of Speedway, LLC.
The report documented the gauging and hand bailing of non-aqueous phase liquids (NAPL, or free product)
between April and December 2021, and provided the results of leak detection and tank/line tightness testing
conducted onsite by Crompco, LLC on December 13, 2021.
The continued presence of NAPL at this site represents an exceedance of one or more of the
solubility-based gross contaminant levels (GCLs) defined in Title 15A of the North Carolina Administrative
Code (NCAC) Subchapter 2L .0406(2), requiring the site classification to remain Intermediate Risk.
During the report period, NAPL was reportedly observed in monitoring wells MW-1M, MW-3,
MW-4, MW-HS-10 and MW-HS-11, with a total of 8.28 gallons of free product recovered over five
recovery events. The results of the leak detection and tank/line tightness testing reportedly indicated the
UST systems met the acceptable minimum standards for each test based on the resolution achievable by
that methodology, as defined in Title 15A NCAC 2N .0504.
The report uses this information to make the argument that the confirmed failure of the premium
spill bucket first observed in 2018 could not represent the sole source of NAPL observed at this site.
Based on the available information, the Department does not dispute this argument. However, any
contribution of contamination to a given plume body results in the designation of the UST owner and/or
operator at that time as a Responsible Party for the commingled occurrence.
With respect to the management of the Commercial Leaking Petroleum UST Cleanup Fund (Trust
Fund), North Carolina General Statue §143-215.94B(b1)(1) states that: “two or more discharges or releases
that result in a single plume of soil, surface water, or groundwater contamination shall be considered as a
single discharge or release.” From this, Title 15A NCAC 2P .0406(c) further states that, for a multi-release
occurrence, the Department may reimburse “any of the owners or operators as if the occurrence were caused
solely by that person's underground storage tanks.”
Accordingly, the Department directs both Responsible Parties for this commingled occurrence to
take the necessary steps to abate the NAPL and restore the site to pre-release conditions, or achieve a level
of cleanup that allows for risk reclassification to ‘Low’ and the utilization of risk-based closure options, as
defined in Title 15A NCAC 2L .0407(e).
To that end, free product gauging and recovery efforts must continue, and a comprehensive semi-
annual ground water sampling event must be scheduled during the first 6 months of this year. A monitoring
report documenting these efforts must be submitted to this office no later than July 29, 2022.
UST Section staff from this regional office and the Trust Fund Branch will assist ConocoPhillips
and Speedway with any questions on how to proceed with the aggregation or distribution of work between
the two parties. Please note that the presence of an existing release at this facility will affect eligibility to
the Trust Fund for the commingled occurrence as a whole. Also, while reimbursement-related conditions
do not defer any regulatory obligations or deadlines at Intermediate Risk sites under the Trust Fund
prioritization schedules, please contact me to discuss any scheduling complications related to the scope of
work defined above or if additional information is required for the facility’s eligibility redetermination.
Effective October 1, 2004, the Department requires that all work not determined to be an emergency
response or associated with risk assessment (i.e., the LSA, per Title 15A NCAC 2L .0405) must be
preapproved if reimbursement from the Trust Fund is anticipated. To comply with this requirement, a
completed Preapproval encompassing the scope of work described above must be received and approved
by this office well prior to the start of any tasks for which you intend to seek reimbursement. Upon
completion of any preapproved activities, you should submit your claim promptly. Reimbursement funds
are budgeted based on completed preapprovals, but delays in reimbursement or even denial due to a failure
to meet the statute of limitations on claiming a completed task can result if the work is not completed in a
timely fashion or if claims are not submitted immediately following work completion.
If you have any questions regarding Trust Fund eligibility or reimbursement, please contact the
Trust Fund Branch at [phone]. If you have other questions regarding the information contained in
this letter, please contact me at the physical address, telephone number, or email address listed below.
Sincerely,
Jared M. Edwards
Hydrogeologist - Washington Regional Office
UST Section, Division of Waste Management, NCDEQ
[phone] / [e-mail]
cc: ATC Associates of NC, PC (electronic copy)
Speedway, LLC – Charles Chiara (electronic copy)
Mid-Atlantic Associates, Inc. – Trey Marchant (electronic copy)
UST Trust Fund Branch – Mark Petermann (electronic copy)
Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | [phone]