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

Filing 3630

DECLARATION of Wedeking 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 Chem, Inc.. (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3, #4 Exhibit #4, #5 Exhibit #5, #6 Exhibit #6, #7 Exhibit #7, #8 Exhibit #8, #9 Exhibit #9)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

Exhibit 9

41223442

Dec 5 2011
3:49PM

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

______________________________________________

In Re: Methyl Tertiary Butyl Ether ("MTBE")

Master File No. 1:00-1898

Products Liability Litigation

MDL 1358 (SAS)
M21-88

______________________________________________

This Document Relates to:
City of Fresno v. Chevron U.S.A Inc.., et al.
No. 04 Civ. 04973 (SAS)
______________________________________________

Expert Site Specific Report of Marcel Moreau
Marcel Moreau Associates
Portland, Maine

November 2, 2011

Red Triangle
2809 South Chestnut Avenue, Fresno

Note: This station is known as Triangle Station #010 and Inter City Petroleum Marketers. In
2002, the facility was described as a bulk petroleum product storage facility for retail and
wholesale distribution, consisting of a steel framed slab on grade warehouse structure, wash
rack area, ASTs, two containment basins, USTs, a card lock fuel dispensing facility, a three
compartment oil/water separator, and a storm water recharge basin with most of the site
paved with asphaltic concrete.

MAJOR MILESTONES
April 1990

The USTs at the site consisted of two separate facilities:
Red Triangle Oil Co. Two 20,000 gallon (premium & NL) USTs
and five 12,000 gallon (one regular, two diesel, one solvent
and one kerosene) USTs.
Triangle Station #010 Four 10,000 gal USTs containing
premium, NL, regular, and diesel (the cardlock facility).

June 21, 1995

The number of tanks at the site was corrected to five 10,000 gallon,
two 20,000 gallon, and five 12,000 gallon.

Sept 23, 1998

Four 10,000 gallon single wall steel USTs were removed.

Dec 14, 1998

Eight USTs were removed, including two 20,000 gallon tanks (regular
and plus gasoline), five 12,000 gallon tanks (premium gasoline, clear
diesel, red diesel, and kerosene), and one 10,000 gallon tank (weed
oil). TPHg and MtBE were detected in samples collected from beneath
the gasoline tanks.

Sept 26, 2002

A report listed three USTs at the site: 13,000 gallon unleaded, 7,000
gallon unleaded, and 20,000 gallon diesel. All USTs were double wall
FRP tanks.

Feb 2003

Three monitoring wells were installed at the site, and quarterly
groundwater monitoring was initiated.

Red Triangle, Fresno

Page 1 of 6

April 28, 2003

An investigation confirmed petroleum related impacts, including MtBE
contamination, of both soil and groundwater.

March 10, 2004

A study was conducted to assess the lateral and vertical extent of
impacts to soil and groundwater related to the former USTs. Two
additional monitoring wells were installed.

March 2007

One new monitoring well was installed and five air sparge wells were
completed to approximately 75 ft bgs.

Nov 25, 2008

Groundwater monitoring continued, with MtBE reported in 5 of the 6
monitoring wells at the site.

SPILL/LEAK EVENT CHRONOLOGY
Sept 23, 1998

UST Abandonment Inspection Report: Four 10,000 gallon single wall
(SW) steel USTs were removed. The dispensers and islands, located
over one end of the tanks, were removed prior to the tank removal.
No discoloration or odor was noted at the time of the inspection. All
tanks were reportedly slightly rusted, but in good condition with no
holes observed. Soil samples were collected from the tank excavation
for analysis of TPHg, BTEX, and MtBE. Soil samples were not collected
in the dispenser area because of the proximity of the dispensers to the
tanks.

Dec 14, 1998

UST Abandonment Inspection Report: Eight USTs were removed,
including two 20,000 gallon tanks (reg and plus), five 12,000 gallon
tanks (premium, clear diesel, red diesel, and kerosene), and one
10,000 gallon tank (weed oil). Tanks 1 through 5 were reportedly in
good condition; tanks 6 though 8 were described as “slightly rusted
with no noticeable holes”. Some of the soil samples collected had a
slight odor. Samples were analyzed for TPH, BTEX, and MtBE.

Aug 11, 2000

Official Inspection Report: Dispensers 2, 3, 4, & 5 were found to have
fluid inside the dispenser containment described as “fuel/water.”
Dispenser 7/8 had an active diesel leak about 2 3 inches deep in the
dispenser containment.

Sept 11, 2000

Official Re inspection Report: All violations observed on 8/11/2000
had been corrected.

Dec 3, 2003

Letter from the County: An inspector observed a customer spill of one
to two gallons of diesel during fuel dispensing at Pump #1. The

Red Triangle, Fresno

Page 2 of 6

customer failed to report the spill. The County noted the need to
maintain absorbent at the fuel island.
April 27, 2006

Inspection Report noted lack of LLDs and spill kits, and heavy staining
in the dispenser area. The report indicated “No” to the statement,
“Dispensers are free of leaks,” and indicated that “diesel dispensers
wet.”

May 16, 2007

UST Official Inspection: The report indicated “No” to the statement,
“Dispensers are free of leaks,” No further explanation was given.

SOIL/GROUNDWATER CONTAMINATION CHRONOLOGY
Sept 30, 1998

UST Removal Soil Sampling Report: Four 10,000 gallon SW steel tanks
were removed on 9/23/1998. The tank bottoms were 12 ft bgs, and 8
soil samples were collected from between 15.5 and 19 ft bgs in the
tank pit. No petroleum hydrocarbon odors were noted from the tank
pit except a slight “aged diesel” smell at the southwest corner. The soil
samples analyzed were ND (not detected) for TPHg, MTBE and BTEX;
TPHd was not detected in the two samples collected under the former
diesel tank location. The consultants recommended no additional
environmental investigation associated with these fuel tanks at the
site.

Dec 28, 1998

UST Removal Soil Sampling Report. Eight USTs were removed on
12/14/1998 (two 20,000 gallon, five 12,000 gallon, and one 10,000
gallon). [Note: The contents of the 10K tank were described as weed
oil.] The tank bottoms were 12 ft bgs for the smaller tanks, and 16 ft
bgs for the 20K tanks; 18 soil samples were collected from between 14
and 25 ft bgs in the tank pit. Four additional samples were collected
from under the supply line to the warehouse. Some petroleum
hydrocarbon odors were noted at the west end of the tank pit under
the gasoline tanks. Analytical results for samples collected from
beneath the gasoline tanks (Samples 11 – 18) contained up to
4,000,000 ppb TPHg (23 ft bgs), and 610 ppb MtBE (20 ft bgs).
Additional environmental investigation was recommended.

April 28, 2003

Soil and Groundwater Characterization Report. An investigation was
conducted in Feb 2003 to assess petroleum product constituents
(PPCs) migration in subsurface soil and groundwater near the former
USTs and dispenser islands. Eight soil borings (B1 to B8) were drilled,
and three borings were finished as monitoring wells (MW 1 to MW 3).
Groundwater was encountered at approximately 55 ft bgs. Soil and

Red Triangle, Fresno

Page 3 of 6

groundwater samples were analyzed for TPHg, BTEX, MtBE, and other
oxygenates at the request of the CRWQCB.
The report concluded that in the tank pit area, most of the soil impacts
were in the groundwater smear zone between 35 and 55 ft bgs. MtBE
was detected in several soil samples from this zone, at a maximum
concentration of 2,300 ppb (B3, 56.5 ft bgs). The highest TPHg
concentrations were measured in shallower samples (11.5 ft bgs)
collected from B3 and B5 (1,700,000 ppb and 2,300,000 ppb,
respectively). These two borings were located on the south side of the
former UST tank pit.
MtBE was detected in groundwater samples from all three wells, at
concentrations of 1.7 ppb (MW 3), 1,500 ppb (MW 1), and 8,000 ppb
(MW 2). The highest concentrations of petroleum contaminants were
detected in the groundwater from MW 2, located southwest of the
former tank pit excavation, with benzene and TPHg detected at
concentrations of 1,200 ppb and 46,000 ppb, respectively.
March 10, 2004

Additional Soil and Groundwater Characterization Report: On Oct 13
14, 2003, three soil borings (B 7 to B 9) were drilled to 55 ft bgs south
of the former UST tank pit. Two monitoring wells (MW 4 and MW 5)
were installed in these borings. Wells MW 1 to MW 5 were sampled
on 11/6/2003 as part of the quarterly groundwater monitoring
program initiated in Feb 2003.
Shallow soils above 30 ft bgs appeared to be impacted in the southern
vicinity of the former UST locations, affecting an area of approximately
1,600 sq ft. Petroleum contaminated soils below 30 ft bgs appeared to
encompass an area of approximately 11,300 sq ft in the vicinity of the
former UST locations. MtBE was detected in the soil samples analyzed
from B 7, B 8, and B 9 at concentrations ranging from 3.8 ppb in B 8
(56.5 ft bgs) to 1,100 ppb in B 7 (41.5 ft bgs). No concentrations of
other fuel oxygenates were detected in the soil samples analyzed from
these borings.
Of the 5 wells sampled in Nov 2003, only MW 1 and MW 2 contained
detectable concentrations of analytes. MW 2 had the highest
concentrations, with TPHg at 29,000 ppb and MtBE at 6,900 ppb.

Feb 21, 2006

Red Triangle, Fresno

Soil Vapor Extraction / Air Sparging Pilot Study Report and Corrective
Action Plan: The extent of petroleum contaminated soil at
concentrations greater than 100 ppm was estimated to extend up to
60 ft laterally around the former UST location. MtBE/TBA were
Page 4 of 6

detected in groundwater samples at concentrations of 15,000/4,700
ppb in MW 1, and 9,100/ 3,000 ppb in MW 2.
June 18, 2007

Additional Well Installation and First Quarter Groundwater Monitoring
Report. In March 2007, one new monitoring well (MW 6) was installed
and five air sparge wells (AS 2 to AS 6) were completed to
approximately 75 ft bgs. Subsurface soil borings to the west (AS 2),
northwest (AS 3), and north (AS 4 and MW 6) of the former UST
location contained detectable MtBE concentrations ranging from 4.6
ppb (55 ft bgs, MW 6) to 310 ppb (55 ft bgs, AS 2).
Groundwater samples were collected on March 23, 2007 from all six
wells. Groundwater flow was reportedly to the northwest across the
site. MW 2 had the highest MtBE level at 1,500 ppb. The
downgradient well MW 6 contained 300 ppb TPHg, and 230 ppb MtBE.

Aug 15, 2008

MtBE was reported in MW 3 at 1,000 ppb; MTBE had historically been
below lab reporting limits at this location.

Nov 25, 2008

Monitoring Well Sampling and Analysis, Third Quarter 2008:
Detectable concentrations of MTBE were reported in MW 1 (670 ppb),
MW 2 (120 ppb), MW 3 (1,000 ppb), MW 5 (12 ppb), and MW 6 (41
ppb).

IDENTIFICATION OF MTBE RELEASES
Tank Area Releases
The removal of three gasoline tanks in December of 1998 revealed the presence of MtBE in
soils beneath the tanks. Contamination in the tank area is often the result of releases from the
submersible pumps and adjacent piping, leaks from tank top piping, and spills during deliveries.
The releases were likely intermittent. The volume released is not known.
Soil and groundwater investigations in April of 2003 and March of 2004 reported that MtBE
contaminated soils in the area of the tanks removed in December of 1998 extended to
groundwater at about 55 feet bgs. Because storage tanks did not exist in this area after 1998,
contamination detected in the course of these investigations was likely due to releases from
the pre 1998 storage tanks.
Piping and Dispenser Area Releases
An inspection in August of 2000, likely of the cardlock facility, found evidence of fuel releases in
the several dispenser containment sumps and an active leak in one dispenser. The specific
Red Triangle, Fresno

Page 5 of 6

components responsible for these releases were not identified, but dispensers are common
sources of releases (see general report in this case). The date when these releases began is not
known, but they were repaired prior to September 11, 2000. The volume released is not
known. No documents were reviewed for this facility indicating the integrity of the dispenser
containment sumps, so it is not known whether these releases were contained within the
dispenser sumps or whether some of the releases may have escaped to the environment. No
soil sampling data associated with these dispensers was reviewed.
Inspections in April of 2006 and May of 2007 indicated that the dispensers, likely at the cardlock
facility, were not free of leaks. The specific dispenser components at issue were not described,
but dispensers are frequent sources of releases. The dates when these releases began or were
repaired are not known. The volume released is not known. The integrity of the dispenser
sumps is not known, so whether these releases were contained or may have escaped into the
environment is not known.
Customer Spills
Customer spillage of a few gallons of diesel fuel was observed in November of 2003. An
inspection in April of 2006 noted heavy staining in the dispenser area. Small spills are common
during vehicle fueling activities and no doubt occurred throughout the time this facility was in
operation.

Red Triangle, Fresno

Page 6 of 6