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From: Betty Ho [EH] [mailto:bho@sicehd.com] RECEIVED Sent: Wednesday, December 20, 2017 12:02 PM To: Debra Gehm <debra.gehm@fedex.com> DEC 2 12017 Subject: RE: 5655 Hood Way,Tracy, CA_fuel filter outside UDC footprint issue ENVIROMENT L AI� Good morning Debra, 1 have attached a non-compliance letter and the attached letter will als� mml �� i, �e e tions lease If co the remaining items that still needs to be addressed for the site. If you have any questions, p me. From: Elena K. Manzo [EH] Sent: Wednesday, December 6, 2017 12:08 PM To: Muniappa Naidu [EH] <Mnaidu@sicehd.com>; Gaylyn Frosini <gaylyn.frosini@fedex.com>; Debra Gehm <debra.gehm@fedex.com> Cc: Betty Ho [EH] <bho@sicehd.com>; Garrett Backus [EH] <gbackus@sicehd.com>; Michelle D. Henry [EH] <mhenry@sicehd.com> Subject: RE: 5655 Hood Way,Tracy, CA_fuel filter outside UDC footprint issue Hi Debra,. Thank you very much for your email indicating that FedEx "would not be obligated to retrofit" their system "until such time that the Water Board makes a formal decision and proposes these modifications to the California Health &Safety Code". I would like to offer some additional information to clarify the issue of the installed fuel filters and piping (installed outside their respective UDC footprint's) a little further: 1) Attached please find the EHD correspondence to FedEx dated 8-17-2016,which indicated "If the Water Board comes back with a determination that piping and filters must be contained within the under dispenser containment (UDC)footprint, FedEx must immediately cease operations until the piping and filters can be reconfigured under permit from my department." Attached please also find Fed Ex's response,dated 8-17-2016, with assurances in connection to the aforementioned email correspondence. 2) Per the Title 23 definitions(section 2611): "Under-Dispenser spill containment or control system" means a device that is capable of preventing an unauthorized release from under the dispenser from entering the soil or groundwater or both." Furthermore, "Dispenser" means an aboveground or underground device that is used for the delivery of a hazardous substance from an underground storage tank. Dispenser includes metering and delivery devices, and fabricated assemblies located therein. UDCs provide secondary containment for the piping within the dispenser which means if there is a release from within the dispenser, it must be contained by the UDC to be detected and cleaned up. (Health and Safety Code, chapter 6.7, sections 25290.1(c)(2) &(d), 25290.2(c)(2) & (d), or 25291(a)(2) &(b) and California Code of Regulations,title 23,chapter 16,sections 2611. Under-dispenser containment.) 3) Also, per HSC 25292.1(a)-All underground tank systems shall meet the following operational requirements: (a) The underground tank system shall be operated to prevent unauthorized releases, including spills and overfills, during the operating life of the tank, including during gauging, sampling, and testing for the integrity of the tank. 4) Attached please find the State Water Resources Control Board documentation (CLARIFICATION OF EXISTING REGULATIONS FOR UNDER-DISPENSER CONTAINMENT) according to which, "If the piping within the dispenser extends beyond the footprint of the UDC,two options exist: 1. Replace the existing UDC with a new UDC, that encompasses the entire dimensions of the dispenser,or 2. Install a State Water Board approved under- dispenser spill containment or control system that will direct leaks from all dispenser piping into the existing UDC.°' It's up to the tank owner/operator to choose which option is more suitable to correct the existing violation, noted on the most recent routine inspection report. Ultimately, UST owners/operators have the responsibility to meet all UST requirements regardless of the equipment they choose to use. 5) Please be advised that a routine inspection report was issued and mailed to your facility on 9-28-2017, identifying the information to be submitted in connection with this fuel filter/piping issue.This information was required to be submitted 30 days after receiving the inspection report (all EHD staff time associated with failing to comply is being billed at the currently hourly rate of$152/hour). 3