GRAMLING & FINGAR, LLP 

ATTORN EY S AT LAW 

A PARTNERSIIIP or PROFESSIONAL AssociATIONs 

.TAMPA OFFICE 

118 SOllTIINEWPORT A VENUE 

TAMP A, FLORIDA, 33606-1944 

TELb'PHONF. (813)259-1060 

FACSIMILE (813)259-1020 

mmljng@gramljnglaw com 

JI7A HAND DELIVERY 

REPLY TO 

ROBERT D. FINGAR 

1607 VILLAGE SQUARE BOULEVARD, SUITE I 

TALLAHASSEE, FLORIDA 

32309 

May 30,2008 

Mr. Lawrence A. George, Administrator 

Office of Policy, Analysis and Program Management 

Division of Air Resource Manangement 

Florida Dept. of Environmental Protection 

Ill South Magnolia Drive 

Tallahassee, FL 32301 

Re: Combs Oil Company's Petition for Waiver 

OGC #07 -1046 

Dear Mr. George: 

RE 

TALLAHAssEE OFFICE 

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 of Combs Oil Company's 

Petition for Waiver of Rule 62-296.481 (2) (b) 2., Florida Administrative Code. As a 

preliminary matter, I would remind you that when the Florida Petroleum Marketers and 

Convenience Store Association, of which 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 of that 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 or variance. 

1. Please provide dates and time frames showing the effect of these permitting 

and construction delays on the company's schedule for relocating its operations. 

Date Event 

June 3, 2002 Combs bids onproperty owned by State of Florida 

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 I 9, 2003 

July 29, 2003 

April 2004 

May2004 

September 2004 

September 2004 

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 by Department of Agriculture that it is successful high 

bidder. 

10% of bid price paid to State per bid 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 Combs with deed. 

Combs holds pre-application meeting with Collier County Planning 

Department for "conditional use" of property (applicant must be owner 

of property in order to 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. 

Collier County staff sends "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 water management permits to South Florida Water· 

Management District. 

Combs submits SDP ApJllication to Collier County. 

South Florida WateJi,Management District rejects application. 

Combs responds to South Florida Water Management District. 

South Florida Water Management District Permit is issued. 

Combs applies for building permits for office, warehouse containment 

area, tank foundations, and loading/unloading areas. 

SOP permit issued by Collier County 

Combs receives building permits. 

Construction starts. 

Building permits issued. 

Combs applies for tank permits. 

State Fire Marshall rejects tank permits 

Collier County Request for Information for multiple permits 

Combs resQ_onds to State Fire Marshall rej_ection of tank permits. 

Note: During the period July 2005 to January 2007 substantial construction delays were 

experienced due to the effects of hurricanes, 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 of steels 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 of construction on the support structure of the loading rack. 

Equipment and expenses billed by B&M Construction--Petroleum Contractor, 

Lakeland, Florida: 

Equipment Cost Date Purchased 

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 or constructed. Any pictures or diagrams you may provide would be beneficiaL 

A. Expenses billed by Carlson Harris--General Contractor, Naples, Florida: 

Cost of building fuel loading area. Includes foundation, AC pipe sleeves, 

and confinement/spill area under loading rack: $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 at the new location. 

A. Storage at the new facility: 

Motor Oil 

Gasoline 

Diesel Fuel 

50,000 gallons stored in ten (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 First year throughput rate of facility: 

Motor Oil: 110,000 gallons 

---7 Gasoline: 1,000,000 gallons 

Diesel Fuel: 2,500,000 gallons 

Please contact me if you need additional information. 

RDF!bb 

Enclosure 

cc: Dennis Combs 

Regards, 

G4 ~-v- Robert D. Fingar 

GRAMLING & FINGAR, LLP 
From: 

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=======~wo~~ 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