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Home My WebLink AboutDERR-2025-000795 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840 Telephone (801) 536-4100 • Fax (801) 359-8853 • T.D.D. (801) 536-4284 www.deq.utah.gov Printed on 100% recycled paper State of Utah SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION Brent H. Everett Director ERRL-0027-25 January 28, 2025 Joey Huerta Pilot Thomas Logistics P.O. Box 2136 Grapevine, Texas 76099 Re: Extension of Due Date for Subsurface Investigation Report Pilot Thomas Logistics #140, located at 380 South 200 East, Roosevelt, Utah Facility Identification No. 9000055, Release Sites MJI, OFZ, and OJL Dear Mr. Huerta: The Division of Environmental Response and Remediation (DERR) issued a Subsurface Investigation Report (SIR) and Requirements letter to Pilot Thomas Logistics (PTL) on December 13, 2023, for the DERR Release Sites, OFZ, and OJL. The report was due on April 13, 2024. On April 5, 2024, the DERR received correspondence from your environmental consultant, Lori Clark, One Atlas, that provided the DERR an update on PTL’s progress in responding to the DERR Release Sites, OFZ and OJL and proposed an extension of the due date for the required SIR submittal. On April 17, 2024, the DERR issued an Extension of Due Date for Subsurface Investigation Report and Requirements, to PTL concerning the DERR Release Sites MJI, OFZ, and OJL with a due date of August 15, 2024 (see enclosures for the Subsurface Investigation Report and Requirements letter, dated December 13, 2023, and the Extension of Due Date for Subsurface Investigation Report and Requirements letter, dated April 17, 2024). On January 14, 2025, Mark Crim, the DERR project manager, met with you and Kent Lewis regarding PTL #140 and the lack of project reporting to the DERR. The meeting resulted in the DERR learning that its records of a site contact, Kent Lewis, were incorrect and that PTL did not receive the compliance letters. Facility ID# 9000055 Page 2 As such, the DERR is re-issuing an extension of the due date for an SIR. Based on discussions with Lori Clark in May 2024 and a review of the DERR file, the DERR requires that PTL fully define the contamination on and off-site. Numerous groundwater monitoring wells (MWs) exist at various depths on site, but there is no cohesive MW network to evaluate the dissolved phase plume and non-aqueous phase liquid (NAPL). Off-site, PTL needs to define the extent of petroleum contamination beyond its property boundary. The DERR has reviewed the matter and agrees to an extension on the SIR. The extension applies to the three Release Sites: MJI, OFZ, and OJL. Therefore, the requested SIR for each site is due at the DERR by June 2, 2025. If you have any questions or concerns, please contact Mark Crim, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/MEC/rr Enclosures: Subsurface Investigation Reporting and Requirements Extension of Due Date for Subsurface Investigation cc: Kirk Benge, Director, Tri-County Health Department Darrin Brown, Deputy Health Officer, Tri-County Health Department Joe Hadlock, Environmental Health Director, Tri-County Health Department Nathan Hall, District Engineer, Utah Department of Environmental Quality Haley Sousa, Assistant Attorney General, Utah Attorney General’s Office Kimberlee McEwan, Assistant Attorney General, Utah Attorney General’s Office Andy Edwards, Pilot Thomas Logistics Steve J. Christiansen, Attorney, Parr Brown Gee & Loveless Lori Clark, P.G., One Atlas if ~ ~ J State of Utah SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION Brent H. Everett Director December 13, 2023 ERRL-0438-23 CERTIFIED MAIL RETURN RECEIPT REQUESTED Kent Lewis Pilot Thomas Logistics P.O. Box 2136 Grapevine, Texas 76099 Re: Subsurface Investigation Reporting and Requirements Pilot Thomas Logistics #140, located at 380 South 200 East, Roosevelt, Utah Facility Identification No. 9000055, Release Sites OFZ and OJL Dear Mr. Lewis: A release of petroleum from a petroleum storage tank (PST) at the above-referenced site was reported on October 23, 2023, to the Division of Environmental Response and Remediation (DERR). The reported release was based on the aboveground storage tank (ASTs) closure samples collected in May 2023. The DERR has assigned Release Site OJL to the reported release. Further, the DERR has determined that prior Release Site OFZ, reported on November 2, 2022, based on the petroleum contamination observed during product line and dispenser upgrades falls under the DERR's regulatory authority. Release Site OFZ had originally been transferred by the DERR to the Division of Water Quality (DWQ). However, the DERR has now determined that the above-mentioned facility meets the definition of ASTs under the Underground Storage Tank Act (Act) as amended during the 2021 General Legislative Session. See, Utah Code Section 19-6- 402(2). Releases reported at the above-mentioned facility following the legislation's effective date of May 5, 2021, are regulated by the DERR. According to Utah Administrative Code R311-202, you are required to report, control, abate , and characterize releases OJL and OFZ by defining the extent and degree of petroleum contamination and remediate ( clean up) the releases. These regulations require that you prepare specific reports addressing the release and submit them to the DERR within specified time frames following the release. Your project manager has reviewed the release report information and has made the recommendation that additional investigation work is required. The project manager has relied on 195 North 1950 West• Salt Lake City, UT Mailing Address : P.O . Box 144840 • Salt Lake City, UT 84114-4840 Telephone (801) 536-4100 • Fax (801) 359-8853 • T.D.D . (801) 536-4284 www.deq.utah.gov Printed on I 00% recycled paper Facility ID# 9000055 Page2 the information provided and has not made an independent investigation of the facility. The intent of performing the investigation is to define the extent and degree of subsurface petroleum contamination and evaluate the potential risks to human health and the environment. A Subsurface Investigation Report (SIR) outlining the results of the investigation must be submitted to the DERR within 120 days of your receipt of this letter. Requirements for an SIR are detailed in the Leaking Underground Storage Tank (LUST) Subsurface Investigation Report Guide (May 2014), which can be found on our website: https://documents.deq.utah.gov/environmental-response-and-remediation/ust-lust/leaking-undergr ound-storage-tanks-remedial-assistance/lust-subsurface-investigation-report-guide.pdf. If you hire a consultant to perform work related to this release, they must be a Certified PST Consultant (Utah Admin. Code R311-201-2). Upon submitting your SIR, the investigation results will be evaluated to determine if no further action (closeout) is needed or if additional work is necessary. This additional work may consist of performing additional investigation activities, conducting cleanup, implementing environmental monitoring and/or performing a risk assessment. Utah Code Section 19-6-420(10)(a) of the Act allows the DERR to recover certain expenses incurred by the DERR for petroleum releases not covered by the PST Fund. The DERR's expenses for managing and overseeing the abatement, investigation or corrective action can be billed on a quarterly basis to the responsible party. These expenses will be billed at a rate set by the Utah Legislature for oversight and review, which is currently $115.00 per hour. Payment will be due within 30 days from the billing. Certain factors may be considered by the Division Director when determining whether to recover these management and oversight costs. If the responsible party can demonstrate an inability to pay, the Division Director may grant an exemption from paying these expenses. You may contact us to request an application for exemption, if needed. If you have any questions concerning this letter or completing the required reports, please contact Mark Crim, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/MEC/rr cc: Kirk Benge, Director, Tri-County Health Department Nathan Hall, District Engineer, Utah Department of Environmental Quality JeffKolmel, Utah Division of Water Quality Haley Sousa, Utah Attorney General's Office Lori Clark, P.G., One Atlas State of Utah SPEN CER J. COX Governor DEIDRE IIEl\'DERSON Lieu/enant Go vemur Kent Lewis Department of Environmental Quality Kimberly D. Shelley Executive Director DIVISION OF EN VIRONMEN TAL RESPO:\ISE AN D REMEDIA TlON Brent H. Everett Dire ctor April 17, 2024 Pilot Thomas Logistics P.O. Box 2136 Grapevine, Texas 76099 ERRL-0148-24 Re: Extension of Due Date for Subsurface Investigation Reporting and Requirements Pilot Thomas Logistics #140, located at 380 South 200 East, Roosevelt, Utah Facility Identification No. 9000055, Release Sites Mn, OFZ, and OJL Dear Mr. Lewis: The Divi s ion of Environmental Response and Remediation (DERR) received correspondence on April 5, 2024, from Lori Clark, One Atlas, that provided the DERR an update on Pilot Thomas Logistics' (PTL) progress in responding to numerous releases on site, and coordinating those efforts with the recent file transfer of Release Site MJI, from the Division of Water Quality. The DERR understands that the PTL proposes an extension of time for the Subsurface Investigation Report (SIR) submittal, due to its need to complete multiple file reviews, coordinate with the new DERR project manager, and to obtain the necessary investigative information for reporting. Under the Subsw:face Investigation Report and R equirements letter, issued by the DERR, December 13 , 2023, for Release Sites OFZ and OJL, the due date for the SIR is April 13, 2024 . T have reviewed the request and hereby agree to an extension of the due date contained in tbe Subs wface Investigation Report and R equirements letter. Further, the extension of the due date applies to the three DERR Release Sites, Mn, OFZ, and OJL. Therefore, the requested SIR for the site is due by August 15, 2024. 195 North 1950 West• Salt Lake City, UT M ailing Address: P.O. B ox 144840 • S a lt La ke City, UT 84 1 14-4840 T elep hon e (801 ) 536-4 100 • Fax (801) 359-8853 • T .D.I). (80 1) 536-4284 lVWw.deq.utah .gov Printed on I 00% recycled paper Facility ID# 9000055 Page2 If you have any questions regarding this matter, p1ease contact Mark Crim, the DERR project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/MEC/rr cc: Kirk Benge, Director, Tri-County Health Department Nathan Hall, District Engineer, Utah Department of Environmental Quality Haley Sousa, Utah Attorney General's Office David McKnight, Utah Attorney General's Office Andy Edwards, Pilot Thomas Logistics Steve J. Christiansen, Attorney, Parr Brown Gee & Loveless Lori Clark, P.G., One Atlas