In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 3626

DECLARATION of Connelly in Support re: (157 in 1:04-cv-04973-SAS) MOTION for Summary Judgment for Lack of Evidence Pertaining to Causation.. Document filed by Coastal Eagle Point Company, Coastal Chem, Inc.. (Attachments: #1 Exhibit #01, #2 Exhibit #02, #3 Exhibit #03, #4 Exhibit #04, #5 Exhibit #05, #6 Exhibit #06, #7 Exhibit #07, #8 Exhibit #08, #9 Exhibit #09, #10 Exhibit #10, #11 Exhibit #11, #12 Exhibit #12, #13 Exhibit #13, #14 Exhibit #14)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

EXHIBIT 11
Marcel Moreau Site Specific Report
(Beacon-ARCO #615) Excerpts


Excerpt from the Expert Site Specific Report of Marcel Moreau (Nov. 2, 2011), submitted on
behalf of Plaintiff City of Fresno, pertaining to Beacon-ARCO #615.

Beacon Arco 3615
1625 Chestnut Avenue, Fresno

MAJOR MILESTONES
~1975

There were reportedly three 12,000 gallon USTs and one 6,000 gallon
UST at the site, installed when the gasoline service station was
constructed. They were single walled (SW) steel tanks, with no
corrosion protection on tanks or piping. [7 30 1992]

Aug 29, 1991

The fuel island was extended and an unleaded (NL) dispenser was
added.

June 10, 1998

Three 10,000 gal and one 6,000 gal USTs were removed. Soil
discoloration was observed at several locations.

June 15, 1998

UST Permit Application, Forms A, B, & C Amended permit. Two
14,000 gallon and one 10,000 gallon double walled (DW) Trusco
tanks, with DW FRP piping, were installed. [5/22/1998]

Sept 27, 1998

MtBE and other contaminants were reported in soil samples from
beneath the former tanks and dispensers.

Feb 8, 2002

The RWQCB reviewed the case history and required further
investigation.

Sept 25, 2003

CRWQCB confirmed the completion of a site investigation and
corrective action for the USTs at the facility.

SPILL/LEAK EVENT CHRONOLOGY
April 6, 1987

Permit to Perform Precision Test on USTs. There were reportedly
three 12,000 gallon and one 6,000 gallon steel gasoline USTs at the
facility. Passing results for the unleaded, premium unleaded, and
diesel were indicated on a summary table. [5 1 1998]

April 13, 1987

Permit to Construct, Repair or Replace an UST Facility. This permit was
for uncovering four 10,000 gal USTs, fills, and vapor vents and for
exploring the fill pipe, vapor pipe and vent for a possible leak (north

Beacon Arco 3615

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tank). “Upon corrections, we will install fill spill containments on 4
tanks. Possible tie in vapor & vent line to ball check system & TLS 250
VR monitor.”
April 29, 1987

Permit to Perform Precision Test on USTs. This permit was for testing
three 12,000 gallon USTs and one 6,000 gallon UST. This is indicated
to be a retest. Passing results for the regular and the diesel tanks were
indicated on a summary table. [5/1/1998]

June 7, 1994

Official Inspection Report. Diesel pump #5/6 was leaking inside the
dispenser. The inspector directed the operator to close the dispenser
and have it repaired, and also to have the dispenser across from #5/6
checked for leaks.

June 8, 1994

FCDEH Telephone Call Record. The facility reported that Maintenance
had caulked the fitting for the flow valve and stopped the leak.

May 1, 1998

This table listed tank test results beginning with 5/4/1987 and ending
with 5/1/1998. No failing results were on the list.

June 10, 1998

UST Abandonment Inspection Report. Three 10,000 gal and one
6,000 gal USTs were removed. Soil samples were collected for
analysis. Soil discoloration was observed at several locations (D2, D4,
D5, and L4). No holes were observed in the 6,000 gal tank (T4). Tank 2
(14,000 gal, T2) had an indentation noted on the west side from the
excavator. Tank 1 (14,000 gal, T1) had a large indentation at the west
seam from the excavator.

Oct 13, 1998

The FCDEH filed a URR for a gasoline and diesel release discovered on
10/13/1998 during UST removal. The cause and source of the release
were unknown.

Aug 18, 2005

FCDEH Telephone Call Record. A site representative called to report a
release that occurred 8/17/2005 at 7:30 PM. A customer had a leaking
gas tank that leaked 2 to 3 gallons of NL gasoline. The fuel was cleaned
up with absorbent and place in an onsite drum for disposal.

Jan 14, 2009

Tanknology line test and monitor certification. A small amount of fuel
was removed from dispenser #1/2.

Jan 13, 2010

UST Official Inspection Report. The inspector reported: “System cold
start No positive shut down programmed after EVR upgrade. 9/10 &
11/12 satellite water/product. Maintain clean and dry dispenser
pans.”

Beacon Arco 3615

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SOIL/GROUNDWATER CONTAMINATION CHRONOLOGY
Feb 1985

There were reportedly three 12,000 gallon USTs and one 6,000 gallon
UST at the site, installed when the gasoline service station was
constructed in approx. 1977. As part of a real estate transaction, three
soil borings were advanced in Feb 1985 near the UST pit (B 1 to B 3).
Two borings were advanced to 35 ft bgs (B1 & B2), and the third was
advanced to groundwater (85 ft bgs). Soil samples were collected, and
a groundwater sample was collected at B 3. No TPHg, TPHd, or BTEX
were reported in the 14 soil samples collected. The groundwater
sample contained BTX compounds in the range of 1 ppb. Monitoring
wells were installed in the two shallow borings. The deep boring was
abandoned, and a shallow boring (31 ft bgs) was drilled next to it and
was completed as a monitoring well. [9/27/1998]

Sept 27, 1998

Tank Closure Report. All of the removed tanks were found to be in
good condition. No holes or pitting were observed on any of the USTs.
Existing Tank Area: Ten soil samples were collected at 15 to 20 ft bgs
from the existing tank excavation area. Laboratory analyses indicated
that TPHg was present in samples collected from Tank 3 and Tank 4
(max concentration of 4,600 ppb). MtBE was reported in samples from
beneath Tanks 2, 3, and 4, at concentrations of 11 ppb to 3,400 ppb.
MTBE was reported at 81,000 ppb in a sample collected 12 ft north of
Tank 4 (northernmost UST) at 21 ft bgs.
Dispenser Area: Nine soil samples were collected from beneath the six
dispensers (D1 to D 6, 5 and 10 ft bgs), and TPHg was present in
samples from beneath dispensers 2, 3, and 4, at a maximum
concentration of 5,600,000 ppb (D 2, 5 ft bgs). The D 2 samples were
found to have MtBE at 73,000 ppb (5 ft bgs) and 66,000 ppb (10 ft bgs).
Product Line Samples: Four samples were collected from product lines
(L 1 to L 4) at 5 ft bgs. TPHg was found in samples L 2 to L 4, at a
maximum concentration of 660,000 ppb (L 3). MtBE was reported in
these samples as well, at a high of 2,400 ppb (L 4).

Jan 10, 2002

Beacon Arco 3615

Assessment Report, UST Closure Report. On Nov 1 2, 2001, four
boreholes (B 4 to B 7) were drilled to between 40 and 60 ft bgs to
assess the vertical extent of petroleum hydrocarbons to the north of
the former tank cluster, and beneath dispensers 2, 3, and 4.
Seventeen soil samples were collected for analysis of TPHd, TPHg,
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BTEX, MtBE, DIPE, ETBE, TAME, and tert butanol. Most samples were
ND for these analytes. TPHg was detected at 1,300,000 ppb in sample
B4 30 (30 ft bgs), and at 550,000 ppb in sample B7 15. MtBE was
detected in all samples from B 4, from 14 ppb (60 ft bgs) to 3,300 ppb
(30 ft bgs). DIPE, ETBE, and TAME were ND for all samples, and there
were two low detections of tert Butanol. The report concluded that
the vertical extent of petroleum hydrocarbons had been delineated in
the four areas of concern.
Dec 23, 2002

Additional Assessment Report. In Sept 2002, six boreholes (B 8 to B13)
were drilled. No fuel related hydrocarbons or oxygenates were
detected in samples collected between 10 and 30 ft bgs. MtBE and
tert butanol were detected in the 30 ft sample at B 13, but not in the
20 ft sample. MtBE concentrations diminished with depth in B 12 and
B 13. No petroleum hydrocarbons were present beneath the former
tank cluster.

Sept 25, 2003

CRWQCB confirmed the completion of a site investigation and
corrective action for the USTs at the facility. In the Case Closure
Summary, the RWQCB stated that a release of petroleum
hydrocarbons had occurred in the vicinity of the former USTs and
dispensers. The extent of impacted soils had been adequately
evaluated.

IDENTIFICATION OF MTBE RELEASES
Tank Area Releases
BTX compounds were detected in groundwater in the vicinity of the tank field in February of
1985. The source of this contamination is not known. The releases that produced this
contamination were likely intermittent. The volume released is not known. MtBE was not
present in California gasoline in 1985, so the releases discovered at this time likely did not
contribute to MtBE contamination at this site.
In June of 1998, the underground storage systems were removed. Five of ten soil samples
collected from the vicinity of the storage tanks contained MtBE, with the highest level detected
being 81,000 ppb. The USTs were reported to be in good condition with no holes when they
were removed. The releases responsible for the contamination beneath these tanks may have
originated from delivery spills or leaks from the submersible pump or adjacent piping. The
releases were likely intermittent. The volume released is not known.

Beacon Arco 3615

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Piping and Dispenser Area Releases
In April of 1987 a permit to excavate to the tops of the tanks to investigate a leak was given.
Based on the recorded test results, it is likely that the regular product tank failed a test on April
8. The permit requested to excavate to the tank tops indicates that the leak was likely in the
piping. The exact location of the leak is not known. When the release began is not known. The
volume released is not known. Whether MtBE may have been present in the gasoline supplied
to this facility at this time is not known.
On June 7, 1994 a leak in diesel dispenser #5/6 was discovered during an inspection. The leak
was repaired on June 8. There was no dispenser containment present at this time, so any
leakage would have gone directly into the soil. MtBE was likely present as a contaminant in
diesel fuel in 1994. When the leak began is not known. The volume released is not known.
In June of 1998, the underground storage systems were removed. Eight of nine soil samples
collected from beneath the dispensers contained MtBE. The highest MtBE level detected in
these samples was 73,000 ppb. Three of four samples collected from beneath the piping
contained MtBE. The highest MtBE level detected in these samples was 2,400 ppb. Releases
from the piping and dispensers were likely intermittent. The volume released is not known.
In January of 2009, fuel was removed from beneath dispenser #1/2. MtBE should not have
been present in California motor fuel in 2010, so this release likely did not contribute to the
MtBE contamination at this facility.
In January of 2010, fuel and water were observed beneath dispensers. MtBE should not have
been present in California motor fuel in 2010, so this release likely did not contribute to the
MtBE contamination at this facility.
Customer Spills
In August of 2005, a customer gas tank leaked 2 to 3 gallons of unleaded gasoline. MtBE should
not have been present in California gasoline in 2005, so this spill likely did not contribute to the
MtBE contamination at this facility.
Small spills are common during vehicle fueling activities and no doubt occurred throughout the
time this facility was in operation. Fueling spills may have contributed to the MtBE
contamination present in the dispenser area at this facility.

Beacon Arco 3615

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