FA-7966_42211_F_C_20201112_eligibility

November 12, 2020 Mr. John M. Helms, Corporate Manager, Environmental Speedway, LLC P.O. Box 1500 Springfield, Ohio 45501
RE: Commercial State Trust Fund Eligibility Application Speedway No. 8232 – Facility ID # 0-034026
24 South Raleigh Street Angier, Harnett County, North Carolina Incident #42211 (#8132)
UST # - FA-7966 (FA-396) and FA-7992-no incident # Dear Mr. Helms: This letter is to acknowledge receipt of and respond to your request for an eligibility determination for access to the North Carolina Leaking Petroleum Underground Storage Tank Cleanup Funds for the above-referenced property. Review of your application by the Underground Storage Tank (UST) Section of the Division of Waste Management is now complete. Information available to the State Trust Fund through Department files and provided with the eligibility
application indicates that the following USTs have been, or are associated with the subject site:
• Three 6,000-gallon gasoline USTs (installed 5/9/1975 and removed 8/10/1993),
• One 550-gallon new/used oil UST (installed 5/9/1975 and removed 5/28/1991),
• One 10,000-gallon gasoline UST (installed 8/1/1994 and in use),
• Two 6,000-gallon gasoline USTs (installed 8/1/1994 and in use),
• One 6,000-gallon diesel UST (installed 8/1/1994 and out of service-temporary closure), and
• One 6,000-gallon kerosene UST (installed 8/1/1994 and in use).
The USTs installed in 1975 and removed in 1991 and 1993 were owned by the D.K.Taylor Oil Company, Inc. and operated under the name of Dennings/Angier Exxon. The current in use USTs were installed by the Trade Oil Company and are owned by the Speedway, LLC.

There have been three releases associated with the site property, Incident #8132, #42211, and a third surface spill of diesel fuel. D.K.Taylor Oil Company, Inc., dba Dennings/Angier Exxon was responsible for Incident #8132, and Speedway LLC, dba as Speedway #8232 is responsible for Incident #42211 and the diesel spill tracked under UST # FA-7992. Incident #8132 was discovered and reported on June 24, 1991. According to reporting submitted to the Department both soil and groundwater contamination was determined. Incident #8132 was closed June 3, 1992. Eligibility for Incident #8132 was requested with a $20,000 deductible being assigned. The second release, Incident #42211, was discovered by water being detected in the diesel UST on
December 4, 2017. Sludge and diesel fluid were removed on December 4, 2017 and the tank placed in out of use/temporary closure status. The release was reported to the Washington Regional Office (WaRO) on December 5, 2017 with submittal of the Form UST-61. In addition, a failed tank tightness test was
determined for the #3 premium unleaded gasoline UST. The failed tank tightness test was reported on September 18, 2018 by submittal of a UST-17A and by Form UST-61 on September 18 and May10, 2019, respectively.
A third release dated May 7, 2019 occurred by a diesel spill located at what is designated as the “satellite diesel dispenser #12 on the site property. UST #7992 was assigned by the WaRO. According to the available information, the spill was contained, and the affected area cleaned. The WaRO concluded that there was little to no soil impact and the release was closed out without issuing an incident number. Based on all available information the release associated with Incident #42211 has commingled with the release associated with Incident #8132. The tanks had been upgraded to meet the required federal corrosion protection, leak detection, and spill/overfill prevention standards at the time of release discovery. A review of the tank operating fees database indicates that all fees were paid prior to the release discovery.
Incident #42211 is conditionally eligible for reimbursement from the Commercial Trust Fund for reasonable and necessary costs incurred for any environmental assessment and cleanup of this site. In order to remain eligible, you must proceed with corrective action, if required, by and in accordance with North Carolina
Administrative Code (NCAC) 15A 2L .0115 or 15A NCAC 2L .0106, whichever is applicable. Failure to mitigate the spread of contamination may cause you to be determined ineligible to receive reimbursement from the Commercial Trust Fund.
In accordance with North Carolina General Statute (N.C.G.S.) 143-215.94B(b)(3), any discharge or release reported on or after January 1, 1994, is subject to a $20,000 deductible if prior to the discharge or release,
the commercial UST from which the discharge or release occurred met the performance standards applicable to tanks installed after December 22, 1988 or met the requirements that USTs must meet by December 22, 1998 (i.e., the UST systems were required to be protected from corrosion and have spill and overfill protection equipment installed prior to release discovery).

Based on the information available at this time, it appears that the N.C.G.S. 143-215.94B(b)(3) provision for a $20,000 deductible was met. In accordance with N.C.G.S. 143-215.94E, reasonable and necessary costs incurred in the environmental cleanup of this site may be eligible for reimbursement after incurring an initial deductible of $20,000 per occurrence of these costs. You may be reimbursed for cleanup costs exceeding $20,000 as follows: 100 percent reimbursed for reasonable and necessary costs between $20,000 and $1 million, and 80 percent reimbursed for reasonable and necessary costs between $1 million and $1.5 million. Two claims were submitted by D.K. Taylor Oil Company, Inc. and approved for Incident #8132. Based on the claims submitted and approved by the Department, the $20,000 deductible was satisfied. By the letter from Speedway, LLC dated October 30, 2020, D.K. Taylor Oil Company, Inc. has transferred its eligibility to Speedway, LLC. Future claims submitted will be tracked under Incident #8132.
The status of your underground storage tank release assessment or remediation efforts may be affected by the statutory requirements of N.C.G.S. 143-215.94E(e5), as revised by Session Law 2005-365. Subsections (e5)(6) through (e5)(9) of this statute prohibit the Department from pre-approving any work eligible for
reimbursement from the Commercial Underground Storage Tank Trust Fund, unless the Department determines that sufficient funds will be available to pay the claim within 90 days of final claim approval. To meet the requirements of this law, the Department is requiring the following: 1) Per 15A NCAC 2P .0402(b)(9), State Trust Fund preapproval is required for all work for which reimbursement will be requested, with the exception of emergency response actions (applied as per 15A NCAC 2L .0404, Initial Abatement Actions, including mitigation of fire, explosion, and vapor hazards) and assessment activities (applied as per 15A NCAC 2L .0405, Limited Site Assessments). 2) Following the submittal of a Limited Site Assessment Report and associated risk classification (15A
NCAC 2L .0406), the Department will use Notice of Regulatory Requirements to direct responsible parties of a release to assess and/or remediate contaminated soil and groundwater according to 15A NCAC 2L .0407 based on the site’s risk prioritization classification under N.C.G.S. 143-215.94E(e4). 3) The above referenced requirements, 1 and 2, are for sites with NO previous release(s) or incident(s). Any site with a prior release(s) or incident(s) must obtain pre-approval for all work to be conducted. Per N.C.G.S. 143-215.94E(j) and (k), please note that you have one year from task completion or the date of this eligibility determination, whichever comes later, to submit a reimbursement claim. The claim can only include costs beginning July 2, 2019 (one calendar year prior to eligibility application date of receipt) or later. If a claim is not submitted within one year of the eligibility determination date or the completion of the task, costs may be denied.
The Commercial Leaking Petroleum Underground Storage Tank Cleanup Funds will reimburse costs based on fund availability. Please note that this does not relieve you of any regulatory responsibility. Therefore, you must continue with all required assessment and/or corrective action, unless the site has received a Notice of No Further Action.
To obtain the latest information on implementation guidance or updated forms, please visit http://portal.ncdenr.org/web/wm/ust/guidance.

Please be aware that this letter does not constitute a final agency decision. Any additional information or comments to rebut this letter may be submitted to my attention at NCDEQ, Division of Waste Management,
UST Section, 1646 Mail Service Center, Raleigh, NC 27699-1646. Should you require any further assistance, please do not hesitate to call or fax me at [phone] or Mark Petermann at [phone] or [phone]. Sincerely, Wayne Randolph, CPM Trust Fund Branch Manager
UST Section-Division of Waste Management NC Department of Environmental Quality MAP: 42211-Speedway # 8232 – 24 South Raleigh Street, Angier, Harnett County, NC, Chuck [e-mail] cc: ATC Associates of North Carolina, P.C., 2725 East Millbrook Road, Ste 121, Raleigh, NC 27604, email - [e-mail] Washington Regional Office, Jared Edwards, [e-mail] STF