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DocuSign Envelope ID:82D78815-DD9D-43A9-9BF1-4E9C98D2D3DA This is a Class 11 violation. A copy of the requested training document was submitted to your office with our June 18, 2021, correspondence as Attachment E. For your convenience, we have enclosed a duplicate copy of this correspondence and training record. To further address the observation noted in Item#210 of the inspection report"The two employees listed on the training records were not on site at the time of the inspection.'; we respectfully submit that where Chapter 6.7 Health and Safety Code §25289 presents authority for local agency representatives to inspect UST locations, this regulation does not stipulate the requirement that the Facility Employee be present during such inspection. UPS was represented during the inspection by our authorized service contractor and Designated Operator, RL Stevens Co. as well as facility representative, Santino Cabrales. Furthermore,our review of Title 23 and Chapter 6.7 Health and Safety Code did not present a requirement that"Facility Employees" as defined in Title 23 be present at the time of regulatory inspections. CCR 2715(c)(2) requires that a properly trained Facility Employee be present during "operating hours". This regulatory reference is generally interpreted to indicate during the operating hours of the fueling system. UPS classifies "operating hours" as specified on the citation under 23 CCR 2715(c)(2) to be during times when package movement and conveyor equipment operations are occurring, as well as when package cars (delivery trucks) and trailers are being loaded and unloaded. Our operation employees are working only at specified shifts during these operating periods, and our designated facility employees for UST operations are part of the operation employees' group. We normally consider our"office hours" to be any other time when our facility is staffed but operations is not running. We found no definition for"Operating Hours"in either Chapter 6.7 Health and Safety Code nor Title 23. As shown on the DUSTO training roster provided to you, our facility has properly trained Facility Employees and they work during their shifts within the operating hours of this fueling system, and are the only individuals authorized to operate the fueling system at this facility. This procedure is fully compliant with the requirements of CCR 2715(c)(2). If a more stringent CUPA requirement exists, would you kindly refer us to any such San Joaquin County— specific regulation that stipulates the requirement that the Facility Employee, be present during the Routine Inspection and/or during Annual Monitoring System Certification? We will then review and modify our operating procedures to require the Facility Employee to be present going forward. Our research of the SJEHD regulations available on the SJEHD website did not reveal any local requirement. As presented in our correspondence dated June 18, 2021, we again hereby respectfully request the recission of this violation. Should you have any questions or wish to discuss this matter further, please contact Alvin Solis at 510-246- 2704 alvinsolis(@ups.com Sincerely, DocuSigned by: U �n,s 9��3�ZiFns UPS West Corporate Environmental Manager cc: Alvin Solis, UPS B&SE Dept.