NCG510207_NOD-2022-PC-0077 Response_20220627 (2)

Colonial Pipeline Company
John M. Wyatt
Environmental Program Manager
June 27, 2022
Mr. Edward Watson
North Carolina Department of Environmental Quality
Division of Water Resources
Mooresville Regional Office
610 East Center Avenue
Suite 301
Mooresville, North Carolina 28115
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RECEIVE.1)/NCDEQ/DWR
JUN c 8 i'U22
WQROS
MOORESVILLE REGIONAL OFFICE
Re: NOTICE OF DEFICIENCY (Tracking Number: NOD-2022-PC-0077)
Associated with Permit No. NCG510207
Colonial Charlotte Delivery Facility, Mecklenburg County, North Carolina
Dear Mr. Watson:
On May 23, 2022, Colonial Pipeline Company (Colonial) received the above -referenced Notice of
Deficiency (NOD) regarding the groundwater remediation system at Colonial's Charlotte Delivery
Facility. Specifically, the NOD describes the deficiency as a "[f]ailure to notify the Division when the
treatment system failed." Through this letter, Colonial seeks to clarify the facts, to respectfully dispute
the assertion that a deficiency exists, and to request that the NOD be rescinded.
As set forth in the NOD:
Compliance Issue: PART Il STANDARDS CONDITIONS FOR NPDES PERMITS: Section E
Reporting Requirements (9) Noncompliance Notification. The Permittee shall report by
telephone to either the central office or the appropriate regional office of the Division as
soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerator, compressors, etc.
Colonial disputes the assertion of a deficiency on two grounds: (1) there was no failure, and (2)
the system was not rendered incapable of adequate wastewater treatment.
(1) There was no failure
The NOD provides, in part, "[t]he treatment system reportedly failed around March 2021 per
Colonial staff." Emphasis added. Furthermore, the Water Compliance Inspection Report provides,
in part, under Operations & Maintenance, "[a]ccording to the permittee, the system failed
sometime around March 2021." Emphasis added. Colonial disputes the assertion that Colonial
ever considered the treatment system as having failed. Furthermore, Colonial disputes the
5251 Hwy 153 Suite C #365, Hixson, TN 37343 1 www.colpipe.com

Colonial Pipeline Company
assertion that Colonial representatives communicated to Mooresville Regional Office (MRO) staff
that the system had failed.
As noted in Section D of the Water Compliance Inspection Report, "[u]pon arrival, MRO staff was
informed the treatment system was not in operation and had not been in operation since some
time in March 2021." The reason the system was not in operation was not because it had failed,
but rather because the system was taken offline to assess if it could be expanded to increase
efficiencies and to potentially address a larger footprint. The system is operational as currently
required when in service, but upgrades will be required if continual operation is desired by the
UST Division.
(2) The system was not rendered incapable of adequate wastewater treatment.
Colonial's wastewater treatment system is capable of adequately treating wastewater.
Furthermore, during system shutdown, there is no wastewater being generated and consequently
no discharge. When the treatment system is shut down, given that there is no discharge, there is
also no threat to human health or the environment.
As set out above, Colonial contends that no deficiency exists as there was no failure of the
system, and further, the system was not rendered incapable of adequate wastewater treatment.
Consequently, Colonial asserts that there was no non -compliant circumstance. As such, Colonial
respectfully requests the recission of the NOD.
Not withstanding, Colonial will work to better inform both DWR and UST programs on relevant
circumstances.
If you have any questions or would like to discuss this further, please contact me at 404-713-
9270 or Maribeth Hughes, Environmental Specialist, at 704-458-3993.
Respectfully,
John M. Wyatt
Environmental Program Manager
Southeast District
cc: Jeff Titus, Colonial Pipeline Company
Blair Murray, NCDEQ
5251 Hwy 153 Suite C #365, Hixson, TN 37343 I www.colpipe.com