## GRAMLING & 

## FINGAR, LLP

ATTORN EY S AT LAW A PARTNERSIIIP or PROFESSIONAL AssociATIONs

.TAMPA OFFICE 118 SOllTIINEWPORTAVENUE TAMP A,FLORIDA,33606-1944 TELb'PHONF. (813)259-1060 FACSIMILE (813)259-1020 mmljng@gramljnglaw com



### JI7A 

### HANDDELIVERY REPLYTO ROBERT D

. FINGAR 1607 VILLAGE SQUAREBOULEVARD, SUITE I TALLAHASSEE, FLORIDA 32309 

### May 30,2008



### Mr. Lawrence A. 

### George, Administrator Office ofPolicy, Analysis and Program Management Division ofAir Resource Manangement FloridaDept. ofEnvironmental Protection Ill South Magnolia Drive Tallahassee, FL 32301 Re: Combs Oil Company's Petit ion for Waiver OGC #07-1046 DearMr. George: 

# RE

TALLAHAssEEOFFICE 1607 VILLAGE SQUARE BOULEVARD, SUITE I TAU.AHASSEE, FLORIDA,32309

TELEPHONE (850) 385-1212 FACSIMILE (850)38S-7n8 fingar@fgflaw com



### In response to the Department's Request for Additional Information dated June 21, 2007, and April 1, 2008, we are providing the following response in support ofCombs Oil Company's Petition for Waiver of Rule 62-296.481 (2) (b) 2., Florida Administra tive Code. As a preliminary matter, 

### I would remind you that when the Florida Petroleum Marketers and Convenience Store Association, ofwhich Combs Oil Company is a member, agreed to accept and support the rules at issue here, we advised that the subject bulk plant was the only one we were aware ofthat was under construction and that a variance or waiver would be necessary. The Department was agreeable to 

### a variance or waiver, and we hope that the Department 

### will continue to support a waiver orvariance.



### 1. Please provide dates and time frames showing the effect ofthese permitting and construction delays on the company's schedule for relocating its 

### operations.

Date Event June 3, 2002 Combs bids onproperty owned by State ofFlorida June 6, 2002 

### Bid Opening in Tallahassee.

### Grmriling & 

### Fingar, LLP May 30,2008 

### Page2 of4

Date June 14, 2002 June 24, 2002 October 15,2002

November 13,2002
January 16, 2003

**Janu~** 31, 2003 March2003 May2003 June 

### I9, 2003 July 29, 2003 April 2004 May2004 September 2004 September2004 November 17,2004 February 3, 2005 March 29, 2005 August 4, 2005 July 2005 August 4, 2005 February 8, 2007 March 5, 2007 March 5, 2007 May 15,2007 Event Combs notified byDepartment ofAgriculture that it is successful high bidder. 10% ofbid price paid

### to State perbid requirement. Combs transmits cashier's check, Closing Statement and Disclosure and Acceptance to DACS. (Delay caused by State's ability to produce signed deed. ) DACS provides Combswith deed. Combs holds pre-application meeting with CollierCounty Planning Department for "conditional use" ofproperty (applicantmust 

### be owner ofproperty in orderto apply. Combs files Conditional Use AppJication with Collier County. Public Hearing on Conditional Use Application Collier County responds to "conditional use" application with additional questions. CollierCounty staffsends "conditional use" application to County Planning Commission with stipulations. Collier County Planning Commission recommends approval of conditional use application. Coliier County Commission grants "Conditional Usc Approval'' #03253. Combs submits watermanagement permits to South Florida Water· ManagementDistrict. Combs submits SDPApJllication to CollierCounty. South FloridaWateJi,Management District rejects application. Combs responds to South Florida WaterManagement District. South Florida Water Management District Permit is issued. Combs applies for buildingpermits for office, warehouse containment area, tankfoundations, and loading/unloading areas. SOP permit issued by Collier County Combs receives building permits. Construction 

### starts. Buildingpermits issued. Combs applies for tank permits. State Fire Marshall rejects tank permits Collier County Request for Information formultiple permits Combs resQ_onds to State Fire Marshall rej_ection oftankpermits. 

### Note: During the period July 2005 to January 2007 substantial construction delays were experienced due to the effects ofhurricanes, both in Florida and the upper Gulf Coast. Most notably were delays in obtaining steel for the office and loading/tank area Tank Construction took over six months. Supplies ofsteels rebar and concrete were rationed to builders.

GRAMLING & FINGAR, LLP

### Gramling & 

### Fingar, LLP May 30,2008 Page 3 of4



### 2. Please provide dates for the purchases of relevant equipment and for the commencement ofconstruction on the support structure ofthe loadingrack. Equipment and expenses billed by B&M Construction--Petroleum Contractor, Lakeland, Florida: Equipment Cost DatePurchased A MRT Totalizer 

### $ 1,925.00 09/28/2006 B Veeder Root Master Swive1s $ 1,470.00 10110/2006 

# c L.C. Extensions 

### $ 6,475.00 10/10/2006 D Freight $ 1,400.00 10/10/2006 E L.C. Meters $25,954.00 11114/2006 F Loading Rack/Stairs $22,500.00 01/25/07 Overhead 

### $ 5,375.00 Above billing payees Profit 

### $ 1,953.00 Above billing payees 

### TOTAL $67,053.00


### 3. Please provide a more complete description of the structures which have been installed orconstructed. Any pictures or diagrams you may provide would be beneficiaL A. Expenses billed by Carlson Harris--General Contractor, Naples, Florida: Cost ofbuilding fuel loading area. Includes foundation, AC pipe sleeves, and confinement/spill area under loadingrack: $40,235.025 paid April20, 2006. B. Other items purchased by Combs Oil Company--Items to be moved from Old Plant: Three 3" Loading Arms 

### valued at $13,833.00 (replacement cost). A site plan is enclosed.


### 4. Please provide planned total storage capacity or the anticipated throughput rate (receiving and distribution) in any consecutive twelve months for the facility once operations begin atthe new location. A. Storage at the new facility: Motor Oil Gasoline Diesel Fuel 50,000 gallons stored 

### inten (1 

### 0) 5,000 gallon tanks 67,500 gallons (3 grades stored in 3 tanks) 97,500 gallons (3 types stored in 3 tanks)

GRAMLING & FINGAR, LLP

### Gramling & Fingar, LLP May 

### 30,2008 Page4 of4



### B. Estimated Firstyearthroughputrate offacility: Motor 

### Oil: 110,000 gallons 

# ---7Gasoline: 

### 1,000,000 gallons Diesel Fuel: 

### 2,500,000 gallons Please contact me 

### ifyou need additional information.

RDF!bb Enclosure

cc: Dennis Combs Regards, 

# G4

**~-v-** Robert D. Fingar

GRAMLING & FINGAR, LLPFrom: To: Cc: Subject: Date: Costello Martin J..Qng.Jeui Costello Martin Emailing: TANKS 4.0 Report.htm Monday, July 13, 2009 9:34:19 AM Here is the summary output.
TANKS 4.0.9d Emissions Report
- Summary Format Tank lndentlfication and Physical Characteristics Identification

User ldentrtication: City: State: Company: Type of Tank: Description: Tank Dimensions Shen Height (It): Diameter (It): Liquid Height (It) : Avg. Liquid Height (It): Volume (gallons): Turnovers: Net

**Throughpu~gallyr):** Is Tank Heated (yin): Paint Characteristics

Shell Color/Shade: Shell Condition Roof Color/Shade: Roof Condition: Roof Characteristics

Type: Height(lt) Radius (It) (Dome Roof) Breather Vent Settings

Vacuum Settings (psig): Pressure Settings (psig) Terl713 Orlando Florida TERI713 Vertical Fixed Roof Tank scenerio for Teri for exemption request

N Gray/Medium Poor Gray/Medium Poor Dome 13.00 8.00 12.00 6.00 4,512.16

221.62 1 ,000,000.00

3.00 8.00 ·0.03 0.03 Meterological Data used in Emissions Calculations: Orlando, Florlda (Avg Atmospheric Pressure= 14.75 psla) TANKS 4.0.9d Emissions Report
- Summary Format

Liquid Contents of Storage Tank Teri713- Vertical Fixed Roof Tank Orlando, Florida
Uquid Olity Uquld Surf

.

**~** Temperalure (deg F) Temp MixluT8/Componenl Monlh Av1J. Min. M.\11: (deg F) Gasoline(RVP 10) 

### •• 82.93 71

.52 Q4,35 75.71'5 v..., Vapor Proaaure {pg) Mol. Avg. Min. M8x

. Weight TANKS 4.0.9d Uquid 

### "'"

**F~l**
Emissions Report- Summary Format

Individual Tank Emission Totals Emissions Report for: Annual Teri713
- Vertical Fixed Roof Tank Orlando, Florida v._ 

# ..... Fracl.



### II Losses(lbs) 

### II

**lilc~o=m=p=o=ne=n=m===============911F=======~w**

**o~~ in=g~L=os=s~llp===~~B=re=a~~=in=g**  **L=os=s~II======~T~otap=I~E=m 1ss~l=on=s~lll**  jGasollne (RVP 10) II 3,768.3611 1,699.4811 5,467.8311



### " 

# . Mol

. Weight
02

.00 Bnl1forVaporPressuro Cllllculetions Option 4: RVPz1D, ASTM Slope=3