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    53202-4497
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    Te1414.277.5000
    iVaplesandBocaRaton,/llorida
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    Illino:s(QuarlesoBrad~uC)
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    ._
    2
    2004
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    ~
    December 31, 2003
    a’~~
    CONTROL
    BOARD
    Mr. Bradley P. Halloran
    Hearing Officer
    Illinois Protection Control Board
    James R.
    Thompson Center
    100 West Randolph Street
    Suite
    11-500
    Chicago, IL
    60601
    RE:
    XCTC and Georgia Pacific Tissue v. IL EPA
    Alsip Mill Title V Air Permit Appeal
    PCB No.
    2001-51
    ~
    F~c-~
    ~o
    c’i
    —LI
    ~,
    Dear Mr. Halloran:
    This
    letter responds to
    the Motion to Dismiss filed on December
    17, 2003, by IL EPA
    with respect to
    Georgia-Pacific Tissue’s Amended Permit Appeal Petition in the above-captioned
    matter.
    We make the following points:
    1.
    Georgia-Pacific Tissue (GPT) remains optimistic that this
    case, as well as the
    pending enforcement action in Cook County Circuit Court,
    will be
    soon settled.
    The parties are
    continuing to make progress toward that end,
    and we should know in
    the next few weeks if the
    final issue regarding Subpart G will be resolved.
    Once that issue
    is settled, we believe that
    a
    final settlement can be completed expeditiously.
    2.
    GPT filed the Amended Appeal Petition solely as a protective measure in the
    event a settlement is not
    reached.
    No substantive action on this appeal has been taken since the
    original appeals were
    filed in September of 2000.
    Thus, this case is unique.
    For that reason, we
    do
    not feel that IL EPA is prejudiced by GPT’s action in amending its original appeal to include
    the Subpart G issue at this time.
    3.
    We request that the Hearing Officer defer ruling on IL EPA’~
    motion
    at
    this time.
    We should be in
    a position to
    know whether the case is going to settle by January 21, 2004
    --
    the
    date of our next telephonic status conference with the Board’s Hearing Officer (scheduled for
    QBMKE\55
    15840.1
    Mr. Bradley P. Halloran
    December 31, 2003
    Page2
    -
    9:45
    a.m. that day).
    If there is progress toward
    settlement, GPT will consider voluntarily
    withdrawing its Amended Appeal Petition.
    The undersigned states
    that a copy of this letter has been mailed today to
    counsel of
    record for the other parities in this matter and to the Clerk of the Board, as indicated below.
    Very truly yours,
    MSM:sda
    cc:
    Mr.
    Robb H.
    Layman
    —
    IL EPA
    Mr. James T. Harrington
    -
    For XCTC
    Ms.
    Dorothy Gunn
    —
    IL Pollution Control
    Board
    QUARLES &
    LLP
    Michael S. McCauley
    QBMKE\55 15840.1

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