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

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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)
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vwolf@swlaw.com