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function properly. This facility must repair/replace the monitoring system to allow continuous monitoring of the 91 sump + piping. Correct by 5-22-04 (New Ronan LS -3 remains)." In the corresponding Violation checklist, a check was placed next to "CCR 2636(f)(1) Continuous monitoring system for underground piping." Response: BP immediately removed the 91 tank from service and with your approval faxed a permit application to the EHD for the necessary repairs. BP's contractor, Elite IV, promptly performed all necessary repairs to the monitoring system. Upon completion of the repairs, Elite IV confirmed that the sump sensor for the 91 line is functioning properly and that the continuous monitoring system for the underground piping is fully operational. Enclosed is a copy of the corresponding work acknowledgement forms. A follow-up test with your office has been scheduled for May 28, 2004. 3. Alleged Violation: The UST Program Inspection Report stated, "During the monitoring certification the 91 annular sensor went into alarm and was unable to place out of alarm. Repair/replace monitoring system to allow proper function of 91 annular sensor. Correct by 5-22-04." In the corresponding Violation checklist, a check was placed next to "CCR 2632(c)(2) Continuous monitoring system for UST." Response: BP removed this tank from service until all necessary repairs were made to the monitoring system. After submitting the appropriate permit application, BP's contractor, Elite IV, performed the necessary repairs and confirmed that the annular sensor for the 91 tank is functioning properly and that the continuous monitoring system for the interstitial space of the tank is fully operational. Enclosed is a copy of the corresponding work acknowledgment forms. A follow-up test with your office has been scheduled for May 28, 2004. 4. Alleged Violation: The UST Program Inspection Report stated, "This facility does not have positive shut down therefore an annual line tightness test must be completed. Submit results of line tightness test by 5-22-04. (This office received notification of testing earlier this month.)" In the corresponding Violation checklist, a check was placed next to "CCR 2638(f)(4) Annual line tightness test." Response: This facility successfully passed the required line tightness test for 2003 and 2004. Therefore, the facility has been in compliance with the testing requirements set forth in the California Code of Regulations § 2638(f)(4) and should not be subject to this NOV. Enclosed for your review are copies of the 2003 and 2004 test results. 5. Alleged Violation: The UST Program Inspection Report stated, "The 89 drop tube was found to stop flow at 97%. Overfill prevention require a drop tube to stop flow at 95%. Replaced 89 drop tube during monitoring certification." In the corresponding Violation checklist, a check was placed next to "CCR 2635(b)(2) Overfill prevention program." Response: The 89 drop tube provided positive shut-off of flow to the tank so that none of the fittings located on the top of the tank would be exposed to product due to overfilling. Accordingly, the tank was in compliance with the requirements of California Code of Regulations § 2635(b)(2)(D) and the facility should not be subject to this NOV. However, to provide a more conservative level of spill protection, a technician from BP's