UPDATE--DEP recently issued a Notice of Change of Agency Position
(Notice of Change) in the Pompano Beach proceeding in which DEP advised all
of the parties and the administrative law judge that it was intending to
modify the previously issued intent to issue relative to six issues.  
         The primary two conditions that DEP is modifying its position
concern the NOx emission limits during distillate fuel use and a reduction
in the number of hours that the facility can operate on distillate fuel use.
Specifically on the first issue, DEP intends to  limit the facility to 36
ppmvd for NOx rather than the previously issued limitation of 42 ppmvd.   On
the second issue, DEP proposes to reduce the number of hours of diesel fuel
use from 1000 hours to 500 hours per year after 2004.     
        The other issues raised in the Notice of Change include :  startup
and shutdown conditions;  emergency equipment;  other minor sources; and the
VOC emission limit.    I have discussed the Notice of Change with Dave
Kellermeyer and he, in turn, is going to discuss the Notice in detail with
Scott Osbourn.    We have some questions on certain of the issues raised in
the Notice of Change, which we will need to clarify with DEP.
        I will circulate the Notice of Change to you in the next few minutes
if you have not already seen it.  In addition, we intend to respond to the
Notice with a pleading that sets forth :  i) our intention to object and
present evidence in opposition to certain of the permit changes proposed by
DEP, and  ii)  our desire for expedited discovery with respect to the
textual permit language now proposed by DEP.    Kay, we will be sending you
that draft pleading today for your review and comment.   We would like to
file the pleading by tomorrow if possible. 
        Debbie and Steve,  if you have any questions on this matter prior to
your meeting tomorrow, please contact me.  I will be here in the office all
day.   
         Thanks--Kerri           


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