RA-2069_12609_G_NORR_20230124_MRP FPRR CONOCO

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]
January 24, 2023
ConocoPhillips Company
c/o Mr. Ed Kuhn, GHD
222 South Church St, Suite 400
Charlotte, NC 28202
Re: Notice of Regulatory Requirements
15A NCAC 2L .0110 & .0407(d) [Intermediate Risk]
Risk-based Assessment and Corrective Action
For Petroleum Underground Storage Tanks
Former Conoco #33047 (Speedway #8264)
1122 East Raleigh Blvd, Rocky Mount, NC
Edgecombe County
Incident Number: 12609 (see also 47582)
Risk Classification: Intermediate
Ranking: I 0170 D
Dear Mr. Kuhn:
The Underground Storage Tank (UST) Section, Division of Waste Management, Department of
Environmental Quality (Department) has received a Groundwater Monitoring and LNAPL Recovery Report
dated January 5, 2023, for the above facility on behalf of Speedway, LLC. The report documents the
gauging of light non-aqueous phase liquids (LNAPL, or free product) and the results of a limited ground
water sampling event conducted on October 19, 2022.
During this event, LNAPL was reported in monitoring wells MW-1M, MW-3, MW-4, MWHS-10, and
MWHS-11, with the maximum observed apparent thickness being 1.97’ in MWHS-10. As several of the
gross contaminant level (GCL) defined in response to the Intermediate Risk classification in Title 15A of
the North Carolina Administrative Code (NCAC) Subchapter 2L .0406(2) utilize calculated values based
on 50% of the solubility of the compound in water, the presence of LNAPL is considered, by definition, an
exceedance of these GCLs. Accordingly, this site remains classified as ‘Intermediate Risk’.
Both Responsible Parties at this facility continue to be required to take the necessary steps to abate the
LNAPL from this commingled occurrence to restore the site to pre-release conditions or achieve a level of
cleanup that allows for Low Risk site closure options, as defined in Title 15A NCAC 2L .0407(e).
Continued LNAPL gauging and recovery must be conducted during the 2nd quarter of 2023, along with the
collection of groundwater quality samples from a representative number of monitoring wells. Additional
steps to evaluate the potential for an ongoing release of product from the system should also be incorporated
into this investigation.
A report documenting these efforts must be submitted to this office no later than July 31, 2023.
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.
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 Commercial Leaking Underground Storage Tank Cleanup Fund
(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.
As described in prior Notices, UST Section staff from this regional office and the Trust Fund Branch will
assist Speedway and ConocoPhillips with any questions on how to proceed with the aggregation or
distribution of work between the two parties. 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 an eligibility redetermination.
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 – Gabe Araos (electronic copy)
Speedway, LLC – Samuel Kramer (electronic copy)
AECOM Technical Services of NC, Inc. – Marianne Link (electronic copy)
Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | [phone]