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LG -161-2 -5- May 15, 2003 What is the request for reconsideration process for the ELD requirement? An owner/operator who believes his/her facility is not subject to the ELD requirements may, in writing, request reconsideration by the UST Program Manager. A copy of the request must also be submitted to the local agency. The request must be received by the UST Program Manager within 60 calendar days from the date the SWRCB mailed the notification to the owner/operator. The UST Program Manager must make a decision on the request and notify the applicable local agency of the decision within 90 calendar days of receipt of the request. [Cal. Code Regs., tit. 23, § 2640, subd. (e)(2) and (3)] A "Request for Reconsideration Form" is included in the ELD notification packet sent to owners/operators of subject UST systems and is available on the SWRCB UST Program webpage at: http://www.swrcb.ca.gov/ust. What must be included in the request for reconsideration? The request must include, in writing: ♦ The name and address of the subject facility; ♦ The name and address of the owner/operator submitting the request; and ♦ The reason(s) why the requester believes the SWRCB's notification was in error. If the request is based on evidence that the UST system in question is greater than 1,000 feet from a public drinking water well, the request must include a demonstration that the center of the wellhead is more than 1,000 feet from the closest component of the UST system. [Cal. Code Regs., tit. 23, § 2640, subd. (e)(3)] • Owners/Operators should submit their request(s) for reconsideration to both their local agency at the appropriate address and to the SWRCB UST Program at: State Water Resources Control Board Division of Water Quality Attention: Elizabeth L. Haven, UST Program Manager ELD Request for Reconsideration P. O. Box 2231 Sacramento, CA 95812 What if the request for reconsideration is inadequate to make a decision? Upon receipt of a request for reconsideration that does not include all of the required information, the UST Program Manager will advise the requester of the manner in which the request is incomplete and allow a reasonable time within which an amended request may be submitted. If the UST Program Manager does not receive an adequate amended petition within the time allowed, the request for reconsideration may be denied. What does it mean if the ELD test results indicate that the UST system has "failed"? Note: The following information is based upon the Enhanced Tracer Tight® test performed by Praxair Services, Inc. (formerly known as Tracer Research Corporation). As other test methods become available, we will prepare additional information if appropriate. A "fail" test result indicates that a substance that is not a component of the fuel formulation stored in that UST system (referred to as a "tracer" by Praxair Services, Inc.) has escaped from the UST system. Based upon the distribution and concentration of tracer detected in the soil gas samples collected around the UST system, Praxair Services, Inc. is able to infer the location, relative size, and type of release (liquid versus vapor). California Environmental Protection Agency Recycled Paper