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Home My WebLink AboutDERR-2024-005573 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-0438-23 December 13, 2023 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 Facility ID# 9000055 Page 2 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 Jeff Kolmel, Utah Division of Water Quality Haley Sousa, Utah Attorney General’s Office Lori Clark, P.G., One Atlas 11/28/23, 2 :34 PM State of Utah Mail -Re : OJL letter -Attorney Review Re: OJL letter -Attorney Review 1 message Mark Crim <mcrim@utah.gov> David Mcknight <dmcknight@agutah.gov> Tue, Nov 28, 2023 at 12:56 PM To: Avery Holyoak <aholyoak@utah.gov>, Mark Crim <mcrim@utah.gov> Cc: Therron Blatter <tblatter@utah .gov> Hi Avery, Attached is a copy of the SIR with a couple of my suggested changes. You are welcome to tinker with them as you see fit. The letter looks good to me. It reads clear to me that DERR only deals with AST releases reported after May 2021. Best, David McKnight Assistant Attorney General Multi-Agency State Office Building Environment and Health Division 195 North 1950 West, 2nd Floor Southwest Salt Lake City, Utah 84114-0873 Cell: 385-414-0625 This message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Thank you . From: Avery Holyoak <aholyoak@utah.gov> Sent: Tuesday, November 28, 2023 11:12 AM To: Mark Crim <mcrim@utah .gov>; David Mcknight <dmcknight@agutah .gov> Cc: Therron Blatter <tblatter@utah .gov> Subject: OJL letter -Attorney Review Hi Dave, Can you review this letter for Mark, and respond with your edits/approval? It's the SIR letter for the DERR regulated portion of the Pilot site in Roosevelt that Haley and Jeff are also working on. I tried to make edits to make it clear that DERR is only regulating the releases after May 2021. Not sure the wording I ended up with is the best. Mark -Once Dave responds, could you attach a pdf of his email to the workflow when you restart it? Therron thinks Brent will want to see that an attorney has reviewed it in this instance. https://mail .google .com/mail/u/0/?ik=27b670658a&view=pt&search=all&permthid=thread-f: 1783832423346527197% 7Cmsg-f: 1783838958314597882 ... 1 /2 11/28/23, 2 :34 PM Thank you, Avery Avery Holyoak she/her State of Utah Mail -Re : OJL letter -Attorney Review Section Manager I LUST Remedial Assistance (385)391-8126 Q UTAH DtP ~T ENT or Et~VIFlONME:N AL OU./\LIT ENVIRONME TAL RESPONSE & R EMEDIAT ON Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements. ~ Pilot Roosevelt OJL SIR Ltr.docx 23K https://mail .google .com/mail/u/0/?ik=27b670658a&view=pt&search=all&permthid=thread-f: 1783832423346527197% 7Cmsg-f: 1783838958314597882... 2/2 a- l"'-..a ..a □ O- rn er □ □ □ □ □ er ru .-'I □ ru □ I"'- U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only • 1..-. -. . . -,1.--11 1-• . . 0 F FI .Cl A L u S .E , Certified Mail Fee $ Extra Services & Fees (ch eck box, add fee as appropriate) D Return Receipt (hardcopy) $ D Return Receipt (electronic) $ Postmark 0 Cert ified Mail Restricted Delivery $ Here D Adult Signature Required $ D Adult Signature Restricted Del ivery $ Pilot Thomas Logistics ATTN: Kent Lewis PO Box 2136 --------------------------------- Grapevine, TX 76099 --------------------------------- PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Certifi ed Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mail labeQ. for an electronic return receipt, see a retail ■ A unique Identifier for your rnailpiece. associate for assistance._To receive a duplicat_e ■ Bectronlc vertfication of delivery or attempted return receipt for no additional fee, present this delivery. 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