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Enron Mail |
Steve and Dave,
I just spoke with Martha directly and she advised me that there is not a meeting on Tuesday with DEP air staff. Martha indicated that she could not confirm everyone's availability for the meeting and that there was no need for the meeting at this time. When I questioned her concerning why she felt that there was no need for the meeting, Martha indicated that she was not in the position to address the 36 ppm NOx limitation presently without discussion with Howard, the head of the air division, and that she tried to reach Howard four or five times yesterday to no avail. Martha would not give me any time that she thought that we might be able to meet, saying that it would create false expectations. Martha noted that her boss and others in her area will be out most of next week and that she honestly could not tell me when she thought that DEP would be able to discuss its position on the NOx limitation, although she thought that it might take two or three weeks. She impliedly suggested that we should not be in such a rush for the meeting, given that a modification of the permit condition would require a complete re-opening of the process, including notice, public meeting and the like (approximate 60 day deferral). I indicated to her that we wanted to meet to discuss DEP's position on the NOx limitation and, if DEP agreed that we had met our burden concerning the 42 ppm, then we wanted to discuss the potential avenues available for minimizing any loss in hearing time (for example, by publishing the amended notice as soon as possible, stipulating that the existing parties could amend their petitions to add in any new allegations and stipulating that any new parties may join the existing proceeding). Martha indicated that the permit evaluation process is not under her control and that she is waiting to meet with Howard to address the issue. Martha then suggested that additional environmental analysis may be required and that EPA may need to become involved. I mentioned to her that the existing intent to issue appears to be based upon the impacts associated with the 42 ppm NOx limitation and that I was unclear why additional impact analysis would be necessary. I also nicely reminded Martha that DEP has already issued a permit with the 42 ppm NOx limit and that the Pompano Beach permit has the same limitation. Martha told me that she has not yet seen the letter to Al Linero that was sent on August 10th within the comment period and I promised to send it to her today by facsimile (which my secretary has already done). With respect to her comment about EPA, I can only speculate that Al or other representative of the air permitting staff wants additional comfort and may seek EPA's involvement. Dave and Steve, I am interested in your thoughts in that respect. Finally, Martha knew all of the specifics of the meeting with Teri in Tallahassee on Monday. She knew the subject of the meeting and that Ron Laface had requested the meeting. I suspect that Pat Comer has briefed her. I also suspect that Pat is directing Martha with respect to the meeting that we were trying to schedule on Tuesday. Sorry for the length of this email but I hope that it is informative. All for now but please contact me if I can be of additional assistance. -- Kerri _______________________________________________________________ The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to postmaster@gtlaw.com.
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