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Enron Mail |
If the bottom line is being able to start critical construction activities as
quickly as possible, rather than properly characterizing the type of permit revision, we have developed an argument, based on the Clean Air Act (which is the source for Arizona's air program), that would allow construction to commence shortly after notice, without the need for a permit. Of course, TWP has already submitted a permit revision application and would be willing to see this process through to completion as long as TWP could begin construction promptly and plan on beginning operation of the new equipment when the permit is finallly issued, presumably in the spring. The argument goes as follows: under CAA sec 502(b)(10), 42 USC 7661a(b)(10), a state program needs to allowchanges within a permitted facility if the changes are not "modifications" and do not exceed the emissions allowable under the permit. A "modification" is defined as "any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted." Someone should confirm the technical status of the equipment changes and whether they meet the criteria. This may be something to point out to Nancy how she can exercise her discretion to get us where we need to go. Nancy can give this approval after Shudeish completes his calculations confirming TWP's netting calculations. Van The information contained in this electronic mail message is confidential information intended only for the use of the individual or entity named above, and may be privileged. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (602-382-6000), and delete the original message. Thank you. G. Van Velsor Wolf Jr. Snell & Wilmer L.L.P. One Arizona Center Phoenix , Arizona 85004-2202 602.382.6201 (direct) 602.382.6000 (main number) 602.382.6070 (fax) vwolf@swlaw.com
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