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Page 2 of 4 <br /> Good afternoon Mr. Fitzsimmons, <br /> My sincere apologies for the delayed response; as a consultant and an instructor, I am often engaged in <br /> multifarious activities throughout the day and, consequently, do not always get the opportunity to review e-mail <br /> daily. <br /> NES's services have, heretofore, been gratis, as it relates to this issue and I have endeavored to use extreme <br /> care not to range outside of my authorization and/or purview (i.e., walking the proverbial "tightrope"). <br /> Notwithstanding, in addition to following up with EPA...as I mentioned I would...(no response to that follow-up <br /> correspondence, however), I also spoke with San Joaquin Department of Environmental Health representatives <br /> who informed NES that the County is exercising freeboard to require management of the multi-unit tank based <br /> upon its outer shell capacity. <br /> My experience with regulations is that there are always cases that fall outside of clear regulatory <br /> parameters, which warrant case-by-case resolution; this is usually accomplished between the regulated entity and <br /> the regulator. <br /> NES would love to be of further assistance, however, being uncommissioned (and unauthorized)our contributions <br /> are circumscribed.. <br /> If you need more information concerning this matter, please contact my supervisor, Mr. Steve Reichow at 916- <br /> 353-2370, extension 22. <br /> Respectfully, <br /> Earl Thomas <br /> Environmental Health and Safety Trainer/Consultant <br /> NES <br /> ethomas@nesglobal.net <br /> (916)439-2937 <br /> From: Rick Fitzsimmons [maiIto:rick.fitzsimmons@bobcatcentraI.com] <br /> Sent: Wed 8/4/2010 2:18 PM <br /> To: Earl Thomas <br /> Cc: Thuy Tran <br /> Subject: RE: Partial Multi-unit tank Closure <br /> Earl <br /> Good Afternoon Sir <br /> I hate to be pushy but is there someone that I could contact (hopefully in person) to discuss our <br /> above ground tank with, I know you have been leading the charge trying to help us get the info in <br /> a partial tank Closer, but frankly nothing is happening. This really doesn't not seem that <br /> complicated that a decision can't be made. <br /> If we can't get a partial closer on the center compartment that is 6750 gallons we just may <br /> remove the whole tank and put two smaller tanks in and that would let us classify our facility as <br /> tier 1.. We plan on getting to tier one.....one way or the other, it would help us financially if we <br /> could just close the center compartment. <br /> 9/1/2010 <br />