SITE INFORMATION AND CORRESPONDENCE FILE 2

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ZM Kriston D. Qualls, Esq. _ 5 _ _ k-4 t and benzene were detected at concentrations of 30,300 ppb, 16,600 ppb, 1,050 ppb, 80 ppb, and 12 ppb, respectively. The results of the ELD test conducted at the site in May 2003 confirm that a release occurred at petitioner's site. ELD is a very sensitive leak detection test method that ascertains the integrity of a UST system by the external detection of a substance that is not a component of the fuel formulation stored in the UST system. (Cal Code Regs., tit 23, § 2644.1, subd. (a)(1).) The ELD-test method must be third-party certified and capable of detecting both vapor and liquid phase releases at a leak rate of at least 0.005 gallons per hour,with a probability of detection of at least 95%and a probability of false alarm no greater than 5%. The ELD test results-for petitioner's site indicated that the UST systems were releasing vapors and possibly liquid petroleum. The tracer compound associated with the regular grade gasoline UST system was detected at all nine vapor probe locations within the UST basin as well as two probe locations (about 18 and 45 feet from the UST basin)adjacent to the vent piping.3 Vapor phase volatile hydrocarbons were also detected at these locations, typically at concentrations of 1,000 to 2,000 ppm. Petitioner's three alternate explanations for the rise in petroleum constituents discovered in VEW3 are not supported by any evidence in the record sufficient to overcome the clear ELD test results indicating that a release occurred from petitioner's USTs. Petitioner's July 28, 2004, submittal indicating that the wells on-site were inspected on March 5, 2004, and found to be poorly maintained is not compelling given that the inspection occurred nearly two years after the discovery of high levels of petroleum constituents in VEW3. Petitioner contends that the lack of BTEX constituents detected in VEW3 in the First Quarter 2002 indicates that there has been no release of petroleum hydrocarbon compounds during the period of petitioner's ownership and operation of the UST facility. Petitioner's contention that the lack of BTEX constituents detected in the First Quarter 2002 suggests that there has been no release from its USTs is also without merit. This contention was made by petitioner without the benefit of the ELD test results,which positively show that petitioner's USTs were releasing vapors, and possibly liquid petroleum. The high levels of MTBE discovered in VEW3 along with relatively low levels of benzene is consistent with such a vapor-phase release. Petitioner's request for a hearing on this petition is denied. The SWRCB has the discretion to hold a hearing before taking action. (SWRCB Resolution No. 88-23,Adoption of the Policy Regarding the Underground Storage Tank Pilot Program, Attachment 2, section(4)(B).) Since 3 The trench that contains the vent piping passes about five feet from well VEW3 and is likely three to four feet deep. California Environmental Protection Agency Recycled Paper