NC0046531_NOV-2020-PC-0544_20210121

(1) Colonial Premier Terminals
John Culbreath
Environmental Specialist
January 19, 2021
Mr. Wes Bell
North Carolina Department of Environmental Quality
610 East Center Ave. Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation Response
Dear Mr. Bell:
WORDS
Phone: [phone]
e-mail: [e-mail]
Colonial Terminals Operating Company LLC
7720 Mount Holly Road, Charlotte, North Carolina 28216
NPDES Permit No. 0046531
Mecklenburg County
Tracking No. NOV-2020-PC-0544
Colonial Terminals Operating Company LLC ("CTOC") (d/b/a Colonial Premier Terminals)
is providing its response to address specific issues raised in the December 21, 2020 Notice of
Violation (Tracking No. NOV-2020-PC-0544) (the "NOV") issued by the North Carolina
Department of Environmental Quality ("NC-DEQ") to CTOC.
In relation to the NOV, CTOC would like to take this opportunity to inform the NC-DEQ
of certain relevant underlying circumstances. On October 1, 2020, CTOC purchased certain
terminal facilities from Lincoln Terminal Company, Inc. ("Lincoln"), including the fuel terminal
facility at 7720 Mount Holly Road in Charlotte, North Carolina (the "Charlotte Terminal"). Prior
to October 1, 2020, Lincoln was the sole owner and operator of the Charlotte Terminal; not
until after October 1, 2020 did CTOC own and operate the Charlotte Terminal. As indicated in
the supplemental materials that the NC-DEQ provided with the NOV, the underlying basis for
the alleged violations in the NOV stem from events and circumstances occurring in late 2019
and early 2020 (prior to October 1, 2020) while the Charlotte Terminal was owned and
operated by Lincoln. We believe this information may provide additional insight for the NC-
DEQ and provide context for CTOC's below -described responses to the alleged violations.

Notice of Violation Response
Tracking No. NOV-2020-PC-0544 Page 2
CTOC's Responses to the NOV
NOV Allegation No. 1: A new Operator in Responsible Charge ("ORC") was not designated within
120 days following the departure/invalidation of the previous ORC.
CTOC Response: Based on information obtained by CTOC and provided by Lincoln, the previous
ORC terminated his employment with Lincoln on December 31, 2019. The backup ORC at
the time, who was a contracted and licensed Physical/Chemical ("PC") wastewater operator,
took over the ORC duties. Another Lincoln employee pursued obtaining the PC wastewater
license so that he could be listed as a backup operator per the permit requirements. The
Lincoln employee was unable to get a passing grade on the exam on the first attempt. As
previously explained, CTOC has recently purchased the Charlotte Terminal from Lincoln,
thereby employing several of the operators and personnel who worked at the Charlotte
Terminal during Lincoln's ownership and operation of the facility; this includes CTOC now
employing the individual who earlier attempted to obtain the PC licensing. The employee
plans to re -take the exam at the earliest opportunity.
Enclosed with this response letter, an updated/current ORC designation form designating an
ORC and Backup ORC is attached. A copy of the ORC form will also be submitted to the
Water Pollution Control System Operators Certification Commission.
NOV Allegation No. 2: No weekly visitations were performed by the only designated operator
during five weeks.
CTOC Response: Based on information obtained by CTOC and provided by Lincoln, the
contracted Backup ORC (acting ORC) was not available those weeks. The system was
inspected and documented by a co-worker of the Backup ORC. The co-worker was a
certified wastewater operator. However, the co-worker did not have the proper PC license
required for that specific system and was not listed as a backup ORC for this permit.
NOV Allegation No. 3: The Backup ORC visitations exceeded 40% of the required visitations over a
calendar year (2020).
CTOC Response: Based on information obtained by CTOC and provided by Lincoln, the listed
backup ORC was the acting lead ORC. The listed lead ORC terminated his employment with
Lincoln and left the company in 2019. Since the Backup ORC was never officially designated
as the lead ORC, the Backup ORC was the only ORC used in 2020.
In order to supplement the file materials that the NC-DEQ already possesses with respect to CTOC's
recent purchase and operation of the Charlotte terminal, I am also attaching a Delegation of Authority
letter listing Mr. David Peeler, Senior Manager of Terminal Operations, as the Responsible Official for
this facility.

Notice of Violation Response
Tracking No. NOV-2020-PC-0544
Page 3
Please let me know if you have any questions or need any additional information.
Sincerely,
John W. Culbreath
Environmental Specialist
Colonial Pipeline Company
Enc.: ORC Designation form
Delegation of Authority letter
Cc: Mr. David Peeler — Senior Manager Terminal Operations (via email)
Ms. Darce) Small — Terminal Superintendent (via email)

Water Pollution Control System Operator resignation Form
NiwsOCC
NCAC 15A 8G .0201
fermittee Owner/Officer Name:
i.
Mailing Address:.
State: "VC Zip: I
Fulad address:
Date:
.. .......
I aeilitv v<ttttc:(t'ermit
SUBMIT A SEPARATE FORM FOR EACH TYPE SYSTEW
Facility TypelGrade
131010"ical WW'TP _ Surface irt-i�;aItion
PhvsicallChelmeal Land Application
Collection System
Operator in Responsible Chard 0 2C}
Print full Name:
Certificate Tye v ; Grade , Number: _PC--/ ' toI _ U Work i hunt t, 1�_ l
Signature fit +=: Date: <�J
"I certify that I agree to my designation as the {operator in Responsible Charge fur the fircility noted. I understand dirt] will abide by the rule,
and reLoIntions pertaining to the responsibilities of the ORC as set Forth in 15A NCAC 08G .020a rind i�tihng to do so can result in Disciplinary
,]atoms by the Water Pollution Control System Operators Certification Commission."
Back -Up Operator in Responsible Charge 03Ij ORC)
Print hill Nanlc: _ �i' re%'1 qe4 1 t
C'crtificatc `I`}'pe CJrstdt< Number.
} o G t%ork Phone
Si trtiure: - Date; l
cam-
1 certify that I agree it) my designation as a Back-up Operator in Responsible Churge tor the iucility noted. 1 understand and will abide by the
rules and regulations pertaining to the responsibilities of the >3Ci ORC as set forth in 15A NCAC 086 .0205 and failing to do sir can result In
Disciplinary Actions by the Water Pollution Control System Operators Certification Commission,"
]tail, frrr or email the WI'CSOCC, ,,1618 11sti1 Service Center, . Raleigh,i'C.27699-IG18 Fax: 9[4.if07.(i4')2 ..
original to: Email: certadmin r nedenr.gov
Afoil or fill a eoj�v to the Asheville
appropriate Regional ©jfice: 2090 US Hwy 70
Swalutanoa 28778
Fax: 828.299,7043
Phone: 828,296.4500
1Yashington
943 Washington Sit Mall
Washington 27889
Fax: [phone]
Phone: [phone]
Fayetteville
225 {seen St
Suite 714
Fayetteville 28301-5043
Fax: 910.486,0707
Phone: [phone]
Wilmington
127 Cardinal Dr
Wilmington 28405-2845
Fax: [phone]
Phone: [phone]
Mooresville
610 ECenterAve
Suite 301
Moutesvilic 28115
Pax: 704.663.0040
Phone: 704.663,1699
Winston-Salem
585 Waughtown St
Winston-Salem 27107
Fax. [phone]
Phone: [phone]
Raleigh
3800 Barrett Dr
Raleigh 27009
Fax: 919.57i.4718
11hone:919.791.4200
Revised 02-2

DocuSign Envelope ID: 9C46lA1C-lE87-4BC1-9674-A9782892B3C6
%ITC 1i 0.
Date: October 15, 2020
To: File
David Peeler, Senior Manager Terminal Operations
John Wyatt, District Environmental Manager — Southeast District (SED)
Stan Carpenter, District Environmental Manager — Northeast District (NED)
CC: Robert Hughes, Jeff Fincher, Mike Verdon, Greg Glaze, Cliff Kazmarek, Wes Dunbar, Sonia Jones, Christopher
Hayes, Carole Sims,
From: Joseph A. Blount Jr., President
Re: Duly Authorized Representative Delegation of:
I. "Responsible Official" for Purposes of the EPA Administered Air Permit Program
U. "Responsible Corporate Officer" for Purposes of the EPA Administered NPDES Permit Program
III. "Responsible Official" for Purposes of 40 CFR Part 63, National Emission Standards for Hazardous
Air Pollutants for Source Categories
This memo serves to document my delegation of authority to Colonial Pipeline Company's (Colonial's) Senior Manager
Terminal Operations, David Peeler, to act as Colonial Terminal Operating Company, LLC's (d/b/a Colonial Premier
Terminal's) ("CTOC's") "responsible official" for purposes of the EPA Administered Air Permit Program (i.e. 40 CFR §70.2).
This memo also serves to document my delegation of authority to Colonial's Senior Manager Terminal Operations, David
Peeler, to act as CTOC's "responsible corporate officer"for purposes of EPA Administered NPDES Permit Program (i.e. 40
CFR §122.22).
Finally, this memo serves to document my delegation of authority to Colonial's Senior Manager Terminal Operations, David
Peeler, to act as CTOC's "responsible official" for purposes of 40 CFR Part 63, National Emission Standards for Hazardous
Air Pollutants for Source Categories.
I. EPA Administered Air Permit Program (i.e. 40 CFR §70.2)
A. My Status of "Responsible Official"
I am making this delegation as a CTOC "responsible official" as that term is defined in 40 CFR §70.2.
40 CFR §70.2 provides, in part, the following:
Responsible official means one of the following:
Ifi

DocuSign Envelope ID: 9C46lA1C-lE87-4BC1-9674-A9782892B3C6
(1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision -making functions for the corporation, or a duly
authorized representative of such person if the representative is responsible for the overall operation of one or more
manufacturing, production, or operating facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in
second quarter 1980 dollars); or
(ii) The delegation of authority to such representatives is approved in advance by the permitting authority,•
As President, I am considered a responsible official under §70.2.
B. Delegation of Authority to Authorized Representative
As provided above in 40 CFR §70.2(1), a duly authorized representative can act as a "responsible official" if that person
is responsible for the overall operation of one or more operating facilities applying for or subject to a permit and the
delegation of authority to such representative is approved in advance by the permitting authority.
Set out below is the individual to whom I am delegating my authority to act as "responsible official" and his area of
responsibilities:
- David Peeler, Senior Manager Terminal Operations. As Colonial's Senior Manager Terminal Operations, David
Peeler is responsible for the overall operation of the CTOC facility located at 4227 Cromwell Road,
Chattanooga, Hamilton County, Tennessee 37421.
- David Peeler, Senior Manager Terminal Operations. As Colonial's Senior Manager Terminal Operations, David
Peeler is responsible for the overall operation of the CTOC facility located 7720 Mount Holly Road, Charlotte,
Mecklenburg County, North Carolina 28214.
- David Peeler, Senior Manager Terminal Operations. As Colonial's Senior Manager Terminal Operations, David
Peeler is responsible for the overall operation of the CTOC facility located 1500 Beulah Salisbury Road,
Fredericksburg, Spotsylvania County, Virginia 22401.
As required by 40 CFR §70.2(1) (ii), we intend to obtain the approval of this delegation from the applicable permitting
authorities.
II. EPA Administered NDPES Permit Program (i.e. 40 CFR §122.22 )
A. My Status of "Responsible Corporate Officer"
I am making this delegation as a CTOC "responsible corporate officer" as that term is defined 40 CFR §122.22(aX1).
40 CFR §122.22(aX1) provides as follows:
Sec. 122.22 Signatories to permit applications and reports
(a) Applications. All permit applications shall be signed as follows.
(1) For a corporation. By a responsible corporate officer. For the purpose of this section, a responsible corporate
officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy- or decision -making functions for the
corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the
manager is authorized to make management decisions which govern the operation of the regulated facility
including having the explicit or implicit duty of making major capital investment recommendations, and initiating
and directing other comprehensive measures to assure long term environmental compliance with environmental
laws and regulations, the manager can ensure that the necessary systems are established or actions taken to
gather complete and accurate information for permit application requirements, and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate procedures.
As President, I am considered a responsible corporate officer under §122.22(a) (1) (i).

DocuSign Envelope ID: 9C461A1C-1E87-4BC1-9674-A9782892B3C6
B. Status of Others as "Responsible Corporate Officer"
For the NPDES Program, under 40 CFR §122(a) (ii), the following position should be within the definition of "responsible
corporate officer":
- Colonial's Senior Manager Terminal Operations is responsible for the overall operation of the CTOC facility located
at 4227 Cromwell Road, Chattanooga, Hamilton County, Tennessee 37421.
- Colonial's Senior Manager Terminal Operations is responsible for the overall operation of the CTOC facility located
at 7720 Mount Holly Road, Charlotte, Mecklenburg County, North Carolina 28214.
- Colonial's Senior Manager Terminal Operations is responsible for the overall operation of the CTOC facility located
at 1500 Beulah Salisbury Road, Fredericksburg, Spotsylvania County, Virginia 22401.
Colonial's Senior Manager Terminal Operations is responsible for operations in each of the respective areas, and is
authorized to make management decisions which govern the operation of the regulated facilities under his responsibility
including (a) having the explicit or implicit duty of making major capital investment recommendations; (b) initiating and
directing other comprehensive measures to assure long term environmental compliance with environmental laws and
regulations; (c) ensuring that the necessary systems are established or actions taken to gather complete and accurate
information for permit application requirements; and (d) having been delegated authority to sign documents in
accordance with corporate procedures.
C. Delegation of Authority to Authorized Representatives
Under some state NPDES Programs, the position identified in Section B. above may not be considered a "responsible
corporate officer", as that term is defined under the respective state program. To the extent a delegation of authority is
required for the position identified in Section B. above to be considered a duly authorized representative to act as a
"responsible corporate officer" for purposes of the applicable state NPDES programs (or other state water programs),
this memo is intended to document such delegation.
Ill. National Emission Standards for Hazardous Air Pollutants for Source Categories (i.e. 40
CFR Part 63)
A. My Status of "Responsible Official"
I am making this delegation as a CTOC "responsible official" as that term is defined in 40 CFR §63.2.
40 CFR §63.2 provides, in part, the following definitions:
Responsible official means one of the following:
(1) For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a
principal business function, or any other person who performs similar policy or decision -making functions for
the corporation, or a duly authorized representative of such person if the representative is'responsibie for the
overall operation of one or more manufacturing, production, or operating facilities and either:
(i) The facilities employ more than 250 persons or have gross annual sales or expenditures
exceeding $25 million (in second quarter 1980 dollars); or
(ii) The delegation of authority to such representative is approved in advance by the Administrator.
Administrator means the Administrator of the United States Environmental Protection Agency or his or her authorized
representative (e.g., a State that has been delegated the authority to implement the provisions of this part).
As President, I am considered a responsible official under §63.2.

DocuSign Envelope ID: 9C461AlC-1E87-4BC1-9674-A9782892B3C6
B. Delegation of Authority to Authorized Representative
As provided above in 40 CFR §63.2(1), a duly authorized representative can act as a "responsible official" if that person
is responsible for the overall operation of one or more operating facilities applying for or subject to a permit and the
delegation of authority to such representative is approved in advance by the Administrator.
Set out below are the individual to whom I am delegating my authority to act as "responsible official" and the area of
responsibility:
- David Peeler, Senior Manager Terminal Operations. As Colonial's Senior Manager Terminal Operations, David
Peeler is responsible for the overall operation of the CTOC facility located at 4227 Cromwell Road,
Chattanooga, Hamilton County, Tennessee 37421.
David Peeler, Senior Manager Terminal Operations. As Colonial's Senior Manager Terminal Operations, David
Peeler is responsible for the overall operation of the CTOC facility located 7720 Mount Holly Road, Charlotte,
Mecklenburg County, North Carolina 28214.
- David Peeler, Senior Manager Terminal Operations. As Colonial's Senior Manager Terminal Operations, David
Peeler is responsible for the overall operation of the CTOC facility located 1500 Beulah Salisbury Road,
Fredericksburg, Spotsylvania County, Virginia 22401.
As required by 40 CFR §63.2(1)(ii), we intend to obtain the approval of this delegation from the Administrator.
Signed this 15°i day of October 2020.
Docuftned by;
,dot, 1J(.bla.tn�
C23E7466F785474...
Joseph A. Blount
President
4