Subject: No meeting with DEP staff on Tuesday -see below.
From: [email-masked]
To: [email-masked], [email-masked]
Cc: [email-masked]
Date: Fri, 24 Aug 2001 10:51:28 -0700 (PDT)

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 

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