RECEIVED

BEFORE

THE ILLINOIS POLLUTION CONTROL

BOARD

CLERK’S OFFICE

FEB

072005

Petitioners,

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

)

)

)

PCB

05-85

)

(Variance—Water)

)

)

)

)

)

STATE OF ILLINOIS

Pollution Control Board

NOTICE

Dorothy M. Gunn,

Clerk

illinois Pollution Control Board

James R.

Thompson Center

100

West Randolph Street,

Suite.

1 1-500

Chicago, illinois

60601

Jeffrey C. Fort

Sonnenschien Nath & Rosenthal

8000 Sears Tower

233

SouthWacker Drive

Chicago, illinois 60606-6404

Letissa Carver Reid

Sormenschien Nath & Rosenthal

8000 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606-6404

PLEASE

TAKE

NOTICE

that I have today filed with the Office of the Clerk of the Pollution

Control Board the

CERTIFICATION OF PUBLICATION

and

RECOMMENDATION

of the illinois

Environmental Protection Agency, copies of which is herewith served upon you.

DATED:

February 4,2005

illinois Environmental Protection Agency

1021

North Grand Avenue East

Post Office Box

19276

Springfield, illinois 62794-9276

217-782-5544

ENVIRONMENTAL PROTECTION AGENCY

OF THE STATE OF ILLINOIS

~

~

c~

By:____________

Jarne~Allen Day

Assistant Counsel

Division of Legal Counsel

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

---

RECEIVED

BEFORE THE

ILLINOIS POLLUTION CONTROL BOA1~i.ERK’S

OFFICE

FEB

072005

CITGO PETROLEUM CORPORATION and

)

STATE OF ILLINOIS

PDV MIDWEST REFINING, L.L.C.,

)

Pollution Control

Board

Petitioners,

)

PCB 05-85

)

)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

RECOMMENDATION OF THE ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”) by one of

its attorneys, James Allen Day, and files its Recommendation pursuant to

35

Iii.

Adm. Code

104.2 16.

The Illinois

EPA recommends that the Illinois Pollution Control Board (“Board”)

DENY the variance requested by CITGO Petroleum

Corporation and PDV Midwest Refining,

L.L.C. (Hereafter, referred to jointly as “Petitioner” or“CITGO”).

The petition filed by the

Petitioner fails to

satisfy the petition content requirements set forth in

35

Ill.Adm.Code 104.204.

The Petitioner has failed to

support its burden under Section 35 ofthe Illinois Environmental

Protection Act (“Act”) (415 ILCS

5/35

(2004)) that compliance with 35

Iii. Adm.

Code

302.208(g) and

3 02.407 would impose an arbitrary or unreasonable hardship on CITGO.

In

support ofits

Recommendation the Illinois EPA states as follows:

I.

INTRODUCTION

1.

On November

8, 2004, CITGO filed a Petition for Variance (“petition”) relating to

its

operation of a petroleum refinery in Lemont, Illinois.

The Petitioner is required by 35 Iii. A-dm.

Code

104.204(a)

to provide a statement describing the requirement from which a variance is

---

sought.

CITGO requests a variance from 35

Iii. Adm. Code 302.208(g) and 302.407, regarding

sulfates and total dissolved solids (“TDS”).

2.

On December 13, 2004, the parties participated in

a telephonic status conference.

The

respondent orally moved to for an extension oftime to file its recommendation in this matter.

The Board granted the Illinois EPA until January

10, 2005

to file

its recommendation in this

matter.

The Board ordered a hearing scheduled for February 24, 2005.

3.

On January 27, 2005,

the parties participated in a telephonic pre-hearing conference.

The

respondent orally moved to for an extension oftime to

file its recommendation in this matter.

The Board granted the Illinois EPA until February 4, 2005

to file its recommendationi~

this

matter.

II.

NOTICE

4.

The Illinois EPA must provide notice ofany Petition

forVariance within 14 days after

filing pursuant to 35 Ill.

Adm.

Code

104.2 14.

That Section provides that “the Agency must

publish a single notice ofsuch petition in a newspaper ofgeneral circulation in the countywhere

the facility orpollutión source is located.”

See also,

415

ILCS

5/37(a).

Section

104.214(b) also

requires the Illinois EPA

to serve written notice of the petition on the County State’s Attorney,

the Chairman ofthe County Board, each member ofthe General Assembly from the legislative

district, and any person in the county who has in writing requested notice ofvariance petitions.

5.

Pursuant to 35 Ill.

Adm.

Code 104.214, the Illinois

EPA published notice ofPetitioner’s

petition forvariance in the Lemont Reporter/Metropolitan on November26,

2004, and December

3, 2004 and mailed notices on November 17, 2004, and November 22, 2004,

to

Cook County

State’s AttorneyRichard A. Devine, State Representative Eileen Lyons, State Senator

Christine Radogno

and President ofthe Cook County Board John H.

Stroger, Jr.

2

---

6.

After publication ofnotice of Petitioner’s petition for variance, the Illinois EPA received

one telephone inquiry regarding the procedures for filing a written comment, an objection to

the

petition or a request for hearing.

However, the Illinois EPA received no written comments,

objections or requests for hearing.

7.

Pursuant to

the Board’s procedural rules, “within

21

days afterthe publication ofnotice,

the Agency must file with the Board a certification ofpublication that states the date on which

the notice was published and must attach a copy ofthe published notice.”

35

Ill. Adm.

Code

104.214(f).

The required Certificate ofPublication was not previously filed, but is included as

part of this filing.

m.

INVESTIGATION

8.

Under Section 37 of the Act, the Illinois EPA is required to “promptly investigate such

petition and consider the views ofpersons who might be adversely affected by the grant ofthe

variance.”

415

ILCS

5/37(a)(2000).

A similar requirement is set forth in Section

104.216(b)(1)

ofthe Board rules, 35

Ill.Adm.Code

104.216(b)(1).

9.

The Illinois EPA conducted a thorough investigation of the information contained in

Petitioner’s original variance request and a further investigation ofthe new facts and support

offered informally by the Petitioner in subsequent meetings with Illinois

EPA staff.

In preparing

this Recommendation, the Illinois EPA consulted personnel within several sections

of

the

Division ofWater Pollution Control including: Permits, Compliance Assurance and Planning.

This investigation led the Illinois EPA to the conclusion to recommend that the Board deny.

Petitioner’s request.

-

3

---

IV.

AIR

MONITORING STATION

10.

Section 104.2 16(b)(2) ofthe Board rules, 35 Ill.Adm.Code

104.2 16(b)(2), requires the

Illinois EPA to state the location ofthe nearest air monitoring station, where applicable.

This

requirement is not applicable in this matter.

V.

STATEMENT OF

UNAGREED

FACTS

11.

Section l04.216(b)(3) of the Board rules, 35 Ill.Adm.Code

104.216(b)(3), requires the

Illinois EPA to state the degree to which, if at all, it disagrees with the facts as alleged in the

petition.

12.

Petitioner states that it has entered into a Consent Decree with the United States

Environmental Protection Agency and the states ofIllinois, Louisiana, New Jersey and

Georgia

to

resolve certain alleged air quality violations.

CITGO states that reduction ofair emissions at

its

Lemont facility as required by the Consent Decree will contribute additional sulfates and TDS

to

its wastewater discharges.

Petition forVariance, pages

1

and 2.

13.

The Petitioner did not

attach a copy of the Consent Decree to

its petition.

A copy later

provided to the Illinois EPA indicates that the Consent Decree has not yet been accepted by the

court with jurisdiction over the air pollution case.

Thus, there is no support on the record at this

time forthe Petitioner’s contention that it is required by the Consent Decree to implement

changes that would lead to increased discharges ofTDS and

sulfates.

14.

The petition does not

state the effective date of 35 Ill.

Adm. Code 302.208(g) or 302.407

as required by Section

104.204(a).

For the Board’s information,

these rules have been in effect

in their current form

since at leastMay 24,

1996.

-

4

---

15.

The petition states that the Illinois EPA’s analysis in the Wauconda NPDES permit

review is consistent with CITGO’s

situation presented in this matter.

Petition for Variance, page

8.

The Illinois EPA disagrees.

Wauconda’s NPDES permit required compliance with water

quality standards at the end ofthe discharge pipe, whereas CITGO’s “end ofpipe” discharge

would not meet water quality standards.

This is a key factor in assessing whether there is

sufficient

evidence to establish a relationship between the discharge and downstream violations

ofwater quality standards.

CITGO’s petition, as filed, does not include any studies or other

information bearing on the relationship (or lack thereof) between the discharge and downstream

water quality standard violations.

-

VI.

ESTIMATED COST OF COMPLIANCE

16.

Section 104.216(b)(5) of the Board rules, 35 Ill.Adm.Code

104.216(b)(3), requires the

Illinois EPA to estimate the cost that compliance would impose on the petitioner and on others.

17.

CITGO has failed to provide a clear picture ofthe costs ofcomplying with the Act and

the Board’s regulations.

CITGO provide estimates of $7,000,000

in capital costs and $1,000,000

annually in operating costs associated with its compliance plan.

Petition for Variance, page 11.

CITGO offers no calculations,

supporting data or assumptions underlying these figures.

18.

CITGO states in its petition that the sole feasible alternative to the increased discharges is

a costly evaporation approach.

CITGO therefore concludes that requiring control ofthe

increased wastewater discharge would impose an arbitrary and unreasonable hardship

on

CITGO.

Petition

for Variance, pages

11

—

12.

Since CITGO has not yet established that it is

required to install the air pollution control equipment that it expects will cause

increased

-

5

---

discharges ofTDS and sulfates (see paragraph 13, above), the Illinois

EPA must conclude that

maintaining present discharge levels is a practical

compliance alternative.

VII.

ENVIRONMENTAL

IMPACT

19.

CITGO’s petition includes a compliance pian which would allow increased discharges of

TDS and sulfates from July 2006 through February 2009,

even in the presence ofTDS water

quality standard exceedences in the receiving waters.

The petition does not

include information

regarding the relationship between the discharges and downstream water quality standard

violations.

Thus, the variance may allow

CITGO to cause or contribute to water quality standard

violations.

CITGO fails to describe the compliance alternative in sufficient detail

to allow the

Illinois EPA to conclude that the technology would be effective.

(see Section VIII., below)

The

Illinois EPA concludes that the insufficient compliance plan creates a potential for environmental

impact.

-

VIII.

COMPLIANCE PLAN

20.

Pursuant to

104.204(f), the Petitioner is required to present a detailed compliance plan in

its Petition for Variance.

Petitioner did not provide such a compliance plan.

The compliance

plan provided in CITGO’s petition is flawed in several respects.

First,

it states that

CITGO

would “commence design” of an alternative fully one year afterthe increased discharges begin.

The compliance plan includes no scheduled items between “commence design” and “achieve

final compliance”, despite the fact that the Petitioner describes the system as “massive” and of

unprecedented scale.

Petition for Variance, pages

11

—12.

In addition to the lack ofdetail relatin

to timing ofsteps in the compliance schedule, the petition is also lacking in detail on the

6

---

technology involved

in the proposal (a rudimentary “conceptual” process diagram is the only

technical document offered to

support the plan).

Thus, the Illinois

EPA must conclude that the

petition as filed lacks requisite detail.

IX.

CONSISTENCY WITH

FEDERAL

LAW

20.

The Board’s procedural rules provide that:

All petitioners for variances from Title III ofthe Act, from 35

Ill. Adm.

Code.Subtitle C, Ch. I “Water Pollution”, or from water pollution related

requirements ofany other Title ofthe Act or Chapter of the Board’s

regulations, must indicate whetherthe Board may grant the relief

consistent with the Clean Water Act (CWA) (33 USC1251

et seq.),

-

USEPA effluent guidelines and standards, any other federal regulations,

or any area-wide waste treatment management plan approved by the

Administrator ofUSEPA pursuant to

Section

208 ofthe CWA (33 USC

1288).

35

Ill. Adm.

Code

104.208(b).

In a series ofmeetings and communications since the filing ofthe

petition forvariance, CITGO has informally provided additional

information and described to

the satisfaction ofthe Illinois EPA an alternative compliance plan.

However, CITGO has not yet

formally introduced this additional information into the record ofthis matter.

The Illinois EPA

finds that if the Petitioner corrects the petition’s deficiencies by.adding this new information to

the record (either by amending its petition or by introducing the evidence at hearing), granting.

the requested variance would not be inconsistent with the Clean Water Act or any other federal

standard.

X.

PERMITS

21.

Section

104.2l6(b)(8) ofthe Board rules requires the Illinois

EPA to discuss in its

Recommendation the status ofany permits orpending permit applications that are associated

with or affected by the requested variance.

35 Ill.Adm.Code

104.2 16(b)(8).

7

---

22.

CITGO’s Lemont refinery operates under NPDES permit number IL0001589.

The

renewal ofthis permit is currently under consideration by the Illinois EPA.

CITGO timely filed

the renewal application for this permit,

so the permit continues in full

force and effect during the

Illinois EPA’s consideration of the renewal request.

applied has been reviewed and has been out

on 15-day notice.

The renewal is still under review.

On August

9, 2004, the Illinois EPA

received from CITGO an application for modification ofNPDES permit 1L0001589.

This

application is currently under consideration by the Illinois EPA.

On December 27, 2004, the

Illinois EPA received from CITGO an application for a construction permit relating to

the

installation ofnew wastewater treatment equipment.

The Illinois EPA is currently reviewing this

application as well.

X.

RECOMMENDATION

23.

The Agency is required under Section 37 ofthe Act

and Section 104.216(b)(1 1) ofthe

Board rules to make a recommendation to the Board as to the disposition of the petition.

415

ILCS 5/37(a);

35 Ill.Adm.Code

l04.2l6(b)(1 1).

The burden ofproofIn a variance proceeding is

on the Petitioner to demonstrate that compliance with the rule orregulation would impose an

arbitrary or unreasonable hardship.

See, 415 ILCS

5/35(a), 35

Ill. Adm.

Code 104.238.

The

Illinois EPA recommends that the Board find that the Petitioner has not met its statutory burden

to

demonstrate that compliance with the Board’s regulations regarding water quality standards

for TDS and sulfates would impose an arbitrary orunreasonable hardship on the CITGO.

Wherefore, for the reasons stated above, the Illinois EPA recommends that the Board.

DENY the variance requested by CITGO.

-

8

---

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By:

______

Jame~

Allen Day

“*?~stantCounsel

Division ofLegal Counsel

Dated:

February 4, 2005

.

1021 N. Grand Ave. East

P.O.

Box

19276

Springfield, Illinois 62794-9276

217/782-5544

9

---

CLERK’S OFFICE

)

FEB072005

STATE

OF ILLINOIS

)

STATE

OF ILLINOIS

)

Pollution Control Board

CERTIFICATION OF PUBLICATION

I, the undersigned,

on oath state that I caused the attached notices to be published in the Lemont

Reporter/Metropolitan on Friday, November 26, 2004, and Friday December

3, 2004.

Jai~,iAllenDay

Illiiibis Environmental Protection Agency

SUBSCRIBED AND SWORN TO BEFORE ME

this fourth day ofFebruary, 2005

Notary Public

~

OFFICIAL

SEAL

BRENDA

BOEHNER

~

NOTARY

PUBLIC,

STATE

OF

ILLINOIS :~.

:~:MYCOMMISS!ONEXPIRES

ii.i4-2OO5:~:

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

-

(~

O(.~

-...

Page

36

.

Reporter/M

Weekend

Edition

Frid

y,

November

26,

2004

HU~-~EJ

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wrcarr

Twilight

-

2pm

$15

to

walk

$20.w/cart

$~niors

Mon

-

Fri

$15

.s~talk

$20

w/cart

BOOK

HOLIDAYPARTY

NO

WI

~

C1TGO

Petroleum

Corporation

ai

dPDV

Midwest

Refining,

L.L.C.

located

in

Lemont,:

illinois

(Cook

County)

has

filed

with

the

Illinois

POllution

Control

B~ard

a

peliiion

for•

variance

under

l’itle

IX

of

the

Envfronmental

Protection

Act.

The

Petitioner

requests

a

variance

from

35111.

Adm.

Code

.302,208(g)

and

302.407,

which

set

water

quality

stan-

dards

for

total

dissolved

solids

(‘~I’DS”)

The

Petitioner

states

that

it

seeks

the

variance

to

assure

fuMe

compliance

~vith

its

National

Pollutant

Discharge

Elimiimtion

System

(“NPDES”)

perinitand

to

allow.the

Illinois.EPA

to

issue

a

wastewater

coi~struction

per-

mit

to

the

CITGOIPDV

Lemont

refinery

for

equipment

that

will

result

in

increased

dis-

charges

of

TDS

arid

sulfates

to

the

Chicago

Sanitary

and

Ship

Canal,

in

which

there

arc

occasional

water

quality

standard

violations

for

TDS.

•The

Illinois

Environmental

Protection

Agency

solicits

the

views

.of

persons

who

may

be

adversely

affected

by

the

variance.

Address

any

comments

or

inquiries

to:

James

Allen

Day,

Associate

Counsel,

Division

of

Legal

Counsel,

Illinois

Environmental

Protection

Agency,

1021

North

Grand

Avenue

East,

Post

Office

Box

19276,

Springfield,

Illinois

62794-9276,

telephone:

2171782-5544.

If

a

written

objection

to

the

variance

is

received

by

the

Pollution

Control

Board,

James

R.

Thompson

Center,

100

West

Randolph

Street,

Suite

11—500,

Chicago,

Illinois

606()

I

no

later

than

twenty-one

(21)

days

from

the

publication

of

this

Notice,

the

Board

must

conduct

a

hearing

on

the

petition.

.

.

S

ports

~~aiaers~win

Z

uurmgive.ekencl.

The

Lemont/Bolingbrook

Raiders

hock-

from

LUk~

Rom~nini

and

Eric

Silmon.

Dan

ey

team

had

a

strong

weekend

wiLh.yicto-

Difatta

added

a

a

pass

frOm

ries

over

Lake

Park

and

L~’ons

Township,

defensemah

Greg

Nusko,

and

forward

Joe

running

the

Raiders’

record

to

5-1-2

in

ISHL

Ferraro

tnuscled

in

a

score

with

a

helper

play

(5-1-3

overall).

.

from

foj~ward

~Voody

Peck.

Against

Lake

Park,

Iorward.J3en

Bicnia~

...

Th~.

Sunday

.garjie~~,agaipst

Lyons

led

the

attack

with

two

goals

on

assists

Township

was

a

different

affair

altogether,

_______________________________________

with

the-outcome

not

assured~unLi1,,Dan

Difatta’s

ope~i~

net

score

with

One

minute

-

-..

.

.

.

left.

The

Raiders

tied

the

score

at

1-all

with

a

goal

~iy

forward

Mike

Rupp

on

assists

Tokens

Make

from

Adam

Jahlonowski

and

Difatta.

They

took

the

lead

on

a

score

by

Silmon,

again

great

assisted

by

Jablonowski.

LT

pulled

back

to

tie

it

2-2

early

in

the

third

period;but

gifts

ward

Ben

Bieni~scored.the

eyentüril

game-

$

winner

on

a

:1ong~yri~t

shot,

assisted

by

3

10

defenseman

Adam

Lisowski

f

or

The

Raiders’

defensive;efforts

also

paid

off

this

weekend,

with

defènsemenl~rek

.

~

Fife

and

Jeriy

Qumd~

helping

goalie:.Ryan

(On

sale

through

2nd

2005)

Lustyk

post

his

first

shut

out

of

the4m-

~

paign

on

Saturday,

as

wellas

assurin~

the.

fl?Ii~JE

victoiy

on

Sunday.

Lemont-Bollngbrook’s

forwards

were

also

active

in

the

defensive

effort,1

with

big

hits

being

dealt

by

forwards

KLEE

Ryan

Sheehan

and

Trace

Kennedy,

as

well

as

good

neutral

zone

defense

by

forward

CARWASH

..

Corey

Anco.

The

Raiders

next

league

game

is

1297

McCarthy

RD

Sunday,

Dcc.

5,

against

Uncol

n-Way

East

at

7

p.m.

at

Center

Ice

of

Glen

Ellyn.

Lemont

For

up

to

date

info,

~tats,

and

pictures

of

(Corner

of

McCarthy

&

Walker)

the

Raiders,

go

to

www.eteamz.com/

____________________________

lbrhockey.

*

Holes

~

13070

McCarthy

Rd.,

Lemont.

Located

Close

.

•~

..,

.•.

630-257-5466

to

Home

reservations

recommended

InLemont

~

.

.

•.‘

.

POlLUTION

VARIANCE

---

Page 28

.

Reporter/Met

Friday,

December 03, 2004

-

PolluUonVarian~eN~1ice~J~f

~t~’

—

~

,._

,~.

~

i:::~-’•

(—

On November 8.

2004

C1TGO

Petroleum

Corporation

and

PDV Midwest

Refining, L.L.C.

located

at

135th St

and

NewAvenue in Lemont, lllinois(Cook

County) filed

with

the Illinois Pollution Control Board (‘Board

)

a

petition

for

variance under

Title

IX of the

Environmental

Protecfion Act

(

‘Act”)

Variances

may be granted pursuant to

Section

35

of the Act (415 ILCS

5/35)

and 35111

Adm. Code

104.

•

•

.

-

The

Petitioner

requests a

variance

from

35

III.

Adm:

Code

302.208(g)

and

302.407,

which

set water

qualitj

standards

for total dissolved

soljds

(“TDS”).

The

Petitioner states that

it

seeks

the

variance

to assure

future

compliance

with

its.

National Pollutant

Discharge

Elimination

System (“NPDES”) permit

and

to

allow

the Illinois

Environmental

Protection Agency

(

Illinois EPA

)

to issue

a

waste-

water

construction

pemut

to

the

CITGO/PDV

Lerpont refinery for equipment that

~,ill

result

in

increasçd

discharges

of

TDS and

sulfates to

the Chicago

Samtary and

Ship Canal

m which thereare

occasional water

quality

standard

violations

for

rDs

~

•,.-

-

~

~

~

Any person

may request a

heai~ngby

filingwith the

Board a

written,

objection

to

the

grant

of the variance

together

with

a written request for hearing

within

twenty-one (21) days after the publication of

this

Notice

-

A copy of the

váriáiice petition

is aviiilable from the C1e~rk

of

the Bord,

JilinoisPollt~tionControl Board, James R. Thompson

Center,

10()

West Randolph

Street, Suite 11-500, Chicago, illinois

60601, (312) 814-6931.

The

Illinois

EPA is preparing

a recommendation regarding

the variance peti-

tion

The illinois

EPA

is to

file

its recommendation

within forty-five (45) days

after the filing of the

petition.

-The

Illinois

EPA solicits the views of persons who

may beadversely affected by

the variance. Address

any

comments or inquiries to:

James Allen Day, Associate Counsel, Division of Legal Counsel,

Illinois

Environmental

Protéctkii

Agency,

1021

North

G~and

Av~nue

East,POst Office

Box .19276, Springfield,

illinois 62794-9276, telephone: 217/782-5544.

A hearingmay be held

after

the

flhing

of the

illinois EPA

recommendation.

The record of

this

proceeding will

remain

Open for

written

comments for forty-five

(45)

days after

filing

of the Illinois

EPA

recommendation. Comments

must be

• mailed

to the Board at the above address for the Clerk of the

~Oard.

-

The record in

this variance

proceèdirg

is available at the Board office for

-.

inspection,

except those portions

that

are

protected

froni~

disclosure under 35

111.

Adm. Code 130.

.Procedures

are available whereby

disclosure

may be

sotightby

.the public.

-

.

-

• ...

•

.

.

.

-

-.

---

)

STATE OF ILLINOIS

)

)

COUNTY OF

SANGAMON

)

PROOF OF SERVICE

I, the undersigned, on oath state that I have served the attached RECOMMENDATION and

CERTIFICATION OF PUBLICATION

upon the person to whom

directed, by placing a copy

in an envelope addressed to:

Dorothy M. Gunn, Clerk

Letissa

Carver

Reid

fllinois Pollution Control Board

Sonnenschien Nath

&

Rosenthal

James R. Thompson Center

8000

Sears Tower

100 WestRandolph

Street,

Suite.

11-500

233

South Wacker Drive

Chicago, Illinois

60601

Chicago, fllinois 60606-6404

Jeffrey

C.

Fort

Sonnenschien Nath & Rosenthal

8000 Sears Tower

233

South Wacker Drive

Chicago, Illinois 60606-6404

and mailing it from Springfield,

Illinois on

February 4,

2005, with sufficient postage affixed for

first class mail.

!1~_.

______

SUBSCRIBED AND SWORN

TO

BEFORE ME

this fourth day

of

February,

2005

Notary Public

~“oFF~diAL

SEAL

BRENDA

BOEHNER

i’. NOTARY

PUBUC,

STATE

OF

ILLINOIS ~

THIS

FILING IS SLTBMI’lTED

ON

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