1. CONCLUSION

ILLINOIS POLLUTION CONTROL BOARD
February 5, 2004
 
 
IN THE MATTER OF:
 
PETITION OF CROWNLINE BOATS, INC.
FOR AN ADJUSTED STANDARD FROM
35 ILL. ADM. CODE 215.301
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AS 04-01
(Adjusted Standard)
 
 
ORDER OF THE BOARD (by N.J. Melas):
 
On December 5, 2003, Crownline Boats, Inc. (Crownline) filed a petition for an adjusted
standard from 35 Ill. Adm. Code 215.301, commonly known as the “8lb/hr Rule,” as that Board
regulation pertains to the emissions of volatile organic material (VOM) at Crownline’s West
Frankfort, Illinois boat manufacturing facility. Crownline’s facility is located at 11884 Country
Club Road, West Frankfort, Franklin County. In the petition, Crownline requests a hearing in
this matter. The Illinois Environmental Protection Agency (Agency) filed a recommendation
that the Board grant Crownline’s petition on January 22, 2004. As discussed below, the Board
accepts Crownline’s petition for hearing.
 
Accompanying the petition, Crownline filed a motion for expedited review in this matter.
Crownline asserts that the Agency recently issued Crownline a Title V CAAPP Permit and Title
I Permit, requiring Crownline either to obtain an adjusted standard from 35 Ill. Adm. Code
215.301 or demonstrate compliance with that section by December 31, 2004. The Board grants
Crownline’s motion for expedited review.
 
Also on December 5, 2003, Dale A. Guariglia filed a motion requesting permission to
appear
pro hac vice
on behalf of petitioner in this proceeding in accordance with Section
101.400(a)(3). 35 Ill. Adm. Code 101.400(a)(3). Mr. Guariglia is a member in good standing
and admitted to practice in the State of Missouri. The Board grants Mr. Guariglia’s motion to
appear
pro hac vice
.
 
Section 28.1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (2002)) and 35
Ill. Adm. Code 104.408 require publication of a notice of an adjusted standard proceeding in a
newspaper of general circulation in the area affected by the petitioner’s activity. The notice must
be published within 14 days of filing a petition for an adjusted standard with the Board.
See
35
Ill. Adm. Code 104.408(a). As required by 35 Ill. Adm. Code 104.410, Crownline timely filed a
certificate of publication with the Board, postmarked December 30, 2003, indicating that notice
of the petition was published in the
West Frankfort
 
Daily American
on December 10, 17, and 24,
2003.
 
The Board finds that the notice meets the requirements of Section 28.1 of the Act and
Section 104.408 of the Board’s procedural rules. The Board also finds the petition meets the
petition content requirements of the Board’s procedural rules, and accepts this matter for hearing.
See
35 Ill. Adm. Code 104.406. A hearing is to be scheduled and completed in a timely manner.
The assigned hearing officer must inform the Clerk of the Board of the time and location of the

 
 
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hearing at least 40 days in advance of hearing so that a 30-day public notice of hearing may be
published.
 
CONCLUSION
 
The Board grants Crownline’s motion for expedited review, grants Mr. Guariglia’s
motion to appear
pro hac vice
, and accepts Crownline’s petition for hearing.
 
IT IS SO ORDERED.
 
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on February 5, 2004, by a vote of 4-0.
 
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
 

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