RECEIVED

CLERK’S OFFICE

FEB

10

2004

BEFORE THE ILLINOIS POLLUTION CONTROL BOJ~ThTEOF

ILLINOIS

PoUution

Control Board

IN THE MATTER OF:

)

)

PETITION OF CROWNLINE BOATS, INC.

)

AS-2004-001

FOR AN ADJUSTED FROM

)

(Adjusted

Standard

—

Air)

35

ILL. ADM. CODE 215.301

)

CR0

WNLINE

BOATS, INC.’S

RESPONSE

ILLINOIS EPA

Crownline Boats, Inc. (“Crownline”), hereby submits its Response to the Recommendation

of the Illinois Environmental Protection Agency (“JEPA”)

filed in this case on or about January 20,

2004.

This Response is filed pursuant to the regulations of the Pollution Control Board (“Board”)

at 35

III.

Adm. Code

~ 104.41 6.

The Recommendation filed by the IEPA recommended that the Board grant Crownline’s

Petition for an Adjusted Standard subject to

certain terms and conditions set forth in IEPA’s

Recommendation.

Although Crownline welcomes IEPA’s recommendation that the Adjusted

Standard Petition be granted,

Crownline objects to one of the terms and conditions contained within

IEPA’s Recommendation.

In Paragraph

1 3c of IEPA’s Recommendation, IEPA recommends that

the Boardgrant Crownline’s Petition with the condition that “Crownline shallbe required to do

any

test which the Illinois EPA specifically recommends that they do.”

This recommended condition is

vague and

overly broad.

The condition

does not specify what type of tests JEPA may request

Crownline to conduct, the scope of such tests, nor how often such tests can be requested.

Crownline opposes this broad authority without limits.

In an attempt to reach a resolution

on this,

Crownline and IEPA have begun discussions regarding this recommended condition and are

working together in an effort to agree upon compromise language.

It is Crowaline’s hope that prior

---

to

the expected hearing on its Adjusted Standard Petition, Crownline and IEPA will reach an

agreement as

to the conditions which would be acceptable to both IEPA and Crownline.

WHEREFORE,

Crownline requests that the Board grant Crownline’s Petition for an

Adjusted Standard but without the condition allowing JEPA to require Crownline to perform tests.

Respectfully Submitted,

BRYAN CAVE LLP

By:..

~

~-‘.

,~7

D~A.

Guariglia, MO B~r#32)8~

One Metropolitan

Square

211 North Broadway, Suite 3600

•

St. Louis, Missouri 63102

Tel.

(314) 259-2000

Fax.

(314) 259-2020

Attorneys for Crownline Boats, Inc.

1767309.1

2

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STATE OF ILLINOIS

)

COUNTY OF SANGAMON

)

SS.

)

PROOF OF SERVICE

I,

the undersigned, on oath state that I have served the attached Response of Crownline

Boats, Inc. upon the person

to whom it is directed, by placing it in an envelope addressed to:

TO:

Dorothy Gunn,

Clerk

Illinois Pollution Control Board

James

R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

Illinois

Environmental Protection Agency

102 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

Carol Sudman, Hearing Officer

Illinois

Pollution Control Board

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois

62794-9276

and mailing it by First Class Mail from St. Louis, Missouri on February

~4,

2004, with sufficient

postage affixed.

Dale A.

Guariglia, Esq.

1767309.1

3

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