BEFORE THE ILLINOIS POLLUTION CONTROL BOARIDLERK’S
OFFICE
PEOPLE OF THE STATE OF ILLiNOIS, by
)
LISA MADIGAN, Attorney General of the
)
State of Illinois,
)
)
Complainant,
)
)
v.
)
)
CROMWELL-PHOENIX, iNC., an Illinois
)
Corporation,
Respondent.
NOTICE OF FILING
TO:
Michael C. Partee
Bradley P. Halloran
Assistant Attorney General
Hearing Officer
Environmental Bureau North
Illinois Pollution Control Board
188 West Randolph Street, Suite 2001
James R. Thompson Center
Chicago, IL
60601
100 West Randolph, Suite 11-500
Chicago, IL
60601
PLEASE
TAKE NOTICE that on March 25, 2004, we filed with the Clerk ofthe Illinois
Pollution Control Board,
100 West Randolph Street, James R. Thompson Center Suite 11-500,
Chicago, Illinois,
60601-3218, an original and nine (9) copies ofCromwell-Phoenix, Inc.’s
RESPONDENT’S
ANSWER
TO
COMPLAINANT’S
COMPLAINT
and APPEARANCE,
copies ofwhich are attached hereto and hereby served upon you.
CROMWELL-P
ENIX,
C.
By______
One ofIts Attorneys
Eric B.
Boyd
SEYFARTH SHAW
55 B.
Monroe St.,
Suite 4200
Chicago, Illinois
60603
(312) 346-8000
MAR
2 52004
STATE OF ILLINOIS
PoflutLon Control Board
PCBNo.
04-136
(Enforcement
-
Air)
)
)
)
CHI 10671302.1
THIS FILING IS MADE ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAR
252004
PEOPLE OF THE STATE OF ILLiNOIS, by
)
STATE
OF ILLINOIS
LISA MADIGAN, Attorney General ofthe
)
Pollution Control
Board
State ofIllinois,
)
)
Complainant,
)
PCB No.
04-136
)
(Enforcement
-
Air)
v.
)
)
CROMWELL-PHOENIX, iNC., an Illinois
)
Corporation,
)
)
Respondent.
)
APPEARANCE
Eric E. Boyd hereby files his appearance in this proceeding on behalfofCromwell-
Phoenix, Inc.
Eric E. Boyd
is designated as the lead attorney for purposes ofmail and phone
contactpertaining to this proceeding.
CROMWELL-PHOENIX, INC.
By______
One of Its Attorneys
Eric E. Boyd
Seyfarth Shaw
55 East Monroe Street
Suite 4200
Chicago, Illinois 60603
(312) 346-8000
THIS FILING IS MADE ON RECYCLED PAPER
CHI
10671307.1
RECE
WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAR 25
2004
PEOPLE OF THE STATE OF ILLINOIS, by
)
LISA MADIGAN, Attorney General ofthe
)
STATE
OF ILLINOIS
State ofIllinois,
Pollution
Control Board
)
Complainant,
)
PCB No.
04-136
)
(Enforcement
-
Air)
v.
)
)
CROMWELL-PHOENIX, INC., an Illinois
)
Corporation,
)
)
Respondent.
)
RESPONDENT’S
ANSWER TO COMPLAINANT’S COMPLAINT
NOW COMES Respondent Cromwell-Phoenix, Inc. (hereinafter “Cromwell”), by and
through its attorneys, Seyfarth Shaw, and for its Answer to Complainant’s Complaint, states as
follows:
COUNT I
CAUSING, THREATENING OR ALLOWING
AIR
POLLUTION
1.
This Count is brought on behalf ofthe PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General ofthe State ofIllinois, on her own motion and at the
request ofthe ILLINOIS ENVIRONMENTAL PROTECTIONAGENCY (“Illinois EPA”),
pursuant to
Section 31 ofthe Illinois Environmental Protection Act (“Act”), 415 ILCS 5/31
(2002).
ANSWER:
Respondent is without sufficient information to
form a belief regarding the
truth or accuracy ofthe allegations set forth in Paragraph
1
and, therefore, denies
same.
2.
The Illinois EPA is an agency ofthe State ofIllinois created by the Illinois
General Assembly in Section 4 ofthe Act, 415 ILCS
5/4
(2002), and
charged,
inter alia,
with the
duty of enforcing the Act.
ANSWER:
Respondent admits the allegations set forth in Paragraph 2.
3.
At all times relevant to the Complaint, CROMWELL-PHOENIX,
INC.
(“Cromwell”), was and is
an Illinois corporation, authorized to
do business in the State of
Illinois.
THIS FILING IS MADE ON RECYCLED PAPER
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10670918.1
ANSWER:
Respondent admits the allegations set forth in Paragraph 3.
4.
From at least 1993 until about September 2000, Cromwell operated a facility
located at 7401
South Pulaski Road, Chicago, Cook County, Illinois
(“former facility”).
ANSWER:
Respondent admits the allegations set forth in Paragraph 4.
5.
At its former facility, Cromwell produced corrosion inhibiting packaging
materials by using two paper coating machines to
coat paper with corrosion inhibiting
compounds.
ANSWER:
Respondent denies the allegations set forth in Paragraph
5.
6.
These corrosion inhibiting compounds contained more than 0.28 kilograms per
liter or 2.3 pounds per gallon volatile organic material (“VOM”), which was emitted to the
environment from Cromwell’s former facility.
ANSWER:
Respondent denies the allegations set forth in Paragraph 6.
7.
On June 16,
1993, Cromwell’s former facility was issued
operating permit no.
88050052 by the Illinois EPA, which expired on June 16,
1994.
ANSWER:
Respondent denies the allegations set forth in Paragraph 7.
8.
Cromwell did not renew operating permit no.
88050052.
ANSWER:
Respondent denies the allegations set forth in Paragraph 8.
9.
In about 2000, or a date better known to
Cromwell, Cromwell moved its
operations to
another facility located at 12701
South Ridgeway Avenue, Alsip,
Cook County,
Illinois (“current facility”).
ANSWER:
Respondent admits the allegations set forth in Paragraph 9.
10.
At its current facility, Cromwell constructed and commenced operation ofthe
same type ofpaper coating machines as it had operated at its former facility and began to apply
the same type of corrosion inhibiting compounds
containing more than 0.28 kilograms per liter
or 2.3
pounds per gallon VOM as it had applied at its former facility.
ANSWER:
Respondent denies the allegations set forth in Paragraph
10.
11.
On April 27, 2001, while attempting to inspect another business, an Illinois EPA
representative discovered Cromwell’s current facility.
On the same date, the Illinois EPA
representative proceeded to inspect Cromwell’s current facility.
-2-
CH1
10670918.1
ANSWER:
Respondent is without sufficient information to form a belief regarding the
truthor accuracy ofthe first sentence ofParagraph
11
and, therefore, denies same.
Respondent
admits the allegations set forth in the second sentence ofParagraph
11.
12.
Based on the April 27, 2001
inspection, the
IllinOis EPA representative
determined that Cromwell did not obtain construction and/or operating permits from the Illinois
EPA for its
current facility and that Cromwell did not otherwise demonstrate compliance with
the airpollution rules and regulations at its current facility.
ANSWER:
Respondent is without sufficient information to form a belief regarding the
truth or accuracy ofthe allegations set forth in Paragraph
12 and, therefore, denies same.
13.
The Illinois EPA issued to Cromwell a Violation Notice and Notice ofIntent to
Pursue Legal Action, dated November 20, 2001, and March
19, 2002, respectively.
ANSWER:
Respondent admits the allegations set forth
in Paragraph 13.
14.
On May 29, 2003, after receiving a Violation Notice and Notice ofIntent to
Pursue Legal Action, Cromwell filed a Petition with the Board seeking an Adjusted. Standard
from the VOM paper coating requirements under 35 Ill. Adm. Code 218.204(c).
ANSWER:
Respondent admits the allegations set forth
in Paragraph 14.
15.
Cromwell’s current facility continued to operate without a permit until September
18, 2003, when the Board granted its Adjusted Standard request.
ANSWER:
Respondent denies the allegations set forth in Paragraph
15.
16.
Cromwell’s former and current facilities are and were subject to the Act
and the
Illinois Pollution Control Board’s (“Board”) Air Pollution Regulations promulgated under the
Act at Title
35,
Subtitle B, Chapter I ofthe Illinois Administrative Code.
ANSWER:
Respondent admits the allegations set forth in Paragraph
16.
17.
Section 9(a) ofthe Act, 415 ILCS
5/9(a)
(2002), provides as follows:
Acts prohibited. No person shall:
(a)
Cause or threaten or allow the discharge or emission of any contaminant into the
environment in any state so as to cause or tendto cause air pollution in Illinois
either alone or in combination with contaminants from other source, or so as to
violate regulations or standards
adopted by the Board under this Act;
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10670918.1
ANSWER:
Since Section 9(a) ofthe Act speaks for itself, no answer to this allegation
is required.
18.
Section 201.141 ofthe Board’s AirPollution Regulations, 35 Ill. Adm. Code
201.141, provides
as follows:
Prohibition ofAir Pollution.
No person shall cause or threaten or allow the discharge or emission ofany
contaminant into the environment in any State so as, either alone or in
combination with contaminants from other sources, to cause or tend to cause air
pollution in Illinois, or so as to violate the provisions ofthis Chapter, or so as to
prevent the attainment or maintenance ofany applicable ambient air quality
standard.
ANSWER:
Since 35 Ill. Adm.
Code 201.141
speaks for itself, no
answer to this
allegation is required.
19.
Section 3.115 ofthe Act, 415
ILCS
5/3.115
(2002), defines air pollution as
follows:
“AIR POLLUTION” is the presence in the atmosphere ofone or more
contaminants in sufficient quantities and ofsuch characteristics and duratiOn as to
be injurious to human, plant or animal life, to health, or to property, or to
unrea~onably
interferewith the enjoyment Oflife orproperty.
ANSWER:
Since 415 ILCS
5/3.115
ofthe Act speaks for itself, no answer to this
allegation is required.
20.
Section
3.165
ofthe Act, 415 ILCS
5/3.165
(2002), defines contaminant
as
follows:
“CONTAMINANT” is any solid, liquid, or gaseous matter, any odor, or any form
ofenergy, from whatever source.
ANSWER:
Since 415
ILCS
5/3.165
ofthe Act speaks for itself, no answerto this
allegation is required.
21.
The corrosion inhibiting compounds applied to paper at Cromwell’s former and
current facilities contain VOM and constitute contaminants as that term is defined in Section
/
3.165
ofthe Act.
ANSWER:
Respondent denies the allegations set forth in Paragraph 21.
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10670918.1
22.
Section 3.315 of the Act, 415 ILCS
5/3.315
(2002), defines person as follows:
“PERSON” is any individual, partnership, co-partnership, firm, company, limited
Liability company, corporation, association, joint stock company, trust, estate,
political subdivision, state agency, or any other legal entity, or their legal
representative, agency or assigns.
ANSWER:
Since 415 ILCS
5/3.3
15 ofthe Act speaks for itself,
no answer to this
allegation is required.
23.
Cromwell, a corporation, is
a “person” as that term is defined in Section
3.3 15 of
the Act.
ANSWER:
Respondent admits the allegations set forth in Paragraph 23.
24.
From at least 1993 until September 18, 2003, when the Board granted Cromwell’s
Adjusted Standard request, Cromwell caused, threatened or allowed the emission of
contaminants to the environment from its former and current facilities so as to cause or tend to
cause air pollution in Illinois.
ANSWER:
Respondent denies the allegations set forth in Paragraph 24.
25.
By causing or tending to cause air pollution in Illinois, Cromwell violated Section
9(a) ofthe Act, and Section 201.141 ofthe Board’s Air Pollution Regulations.
ANSWER:
Respondent denies the allegations set forth in Paragraph 25.
COUNT II
CONSTRUCTING AN
AIR
POLLUTION
SOURCE
WITHOUT A CONSTRUCTION PERMIT
1-16.
Complainant realleges and
incorporates by reference herein paragraphs
1
through
16 ofCount I as paragraphs
1
through
16 ofthis Count II.
ANSWER:
Respondent incorporates its answers to Paragraphs
1
through
16
of Count
I as its answers to
Paragraphs
1
through 16 of Count II as if fully set forth herein.
17.
Section 9(b) ofthe Act,
415 ILCS 5/9(b) (2002), provides
as follows:
Actsprohibited.
No person shall:
*
*
*
(b)
Construct, install, or operate any equipment, facility, vehicle, or aircraft
capable ofcausing or contributing to air pollution or designed to prevent
-5-
CHI
10670918.1
air pollution, of any type designated by the Board regulations, without a
permit granted by the Illinois
EPA,
or in violation ofany conditions
imposed by such permit;
ANSWER:
Since 415 ILCS 5/9(b) ofthe Act speaks for itself, no answer to Paragraph
17
is required.
18-22.
Complainant realleges and incorporates by reference herein paragraphs
19
through 23 of Count I as paragraphs
18 through 22 ofthis Count II.
ANSWER:
Respondent incorporates its answers to Paragraphs
19
through 23 ofCount
I as its
answers to Paragraph
18
through 22 ofCount II as if fully set forth herein.
23.
Section 201.142 ofthe Board’s Air Pollution Regulations, 35
Ill. Adm. Code
201.142, provides:
Construction Permit Required.
No person shall cause or allow the construction ofany new emission source or
any new air pollution control equipment, or cause or allow the modification of
any existing emission source or air pollution control equipment, without first
obtaining a construction permit from the Illinois
EPA,
except as provided in
Section 201.146.
ANSWER:
Since 35 Ill. Adm. Code 201.142 speaks for itself, no answer to Paragraph
23 is required.
24.
Section 201.102 ofthe Board’s Air Pollution Regulations, 35 Iii. Adm.
Code
20L 102, provides,
in relevant part, the following definitions:
“Construction”: commencement ofon-site fabrication, erection or installation of
an emission source or of air pollution control equipment.
“Emission Source”: any equipment or facility ofa type capable ofemitting
specified air contaminants to the atmosphere.
“New Emission Source”: any emissions source, the construction or modification
ofwhich is commenced on or after April 14,
1972.
“Specified Air Contaminant”: any air contaminant as to which this Subtitle
contains emission standards or other specific limitations.
.
ANSWER:
Since 35
Ill. Adm. Code
201.102 speaks for itself, no
answer to Paragraph
24 is required.
-6-
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10670918.1
25.
TheVOM emitted from Cromwell’s current facility is a “specified air
contaminant” as that term is defined in Section 201.102 ofthe Board’s Air Pollution Regulations.
ANSWER:
Respondent admits the allegations set forth in Paragraph
25.
26.
The fabrication, erection or installation oftwo paper coating machines which emit
VOM at Cromwell’s current facility after April
14, 1971, constitutes “construction” ofa “new
emission source” as these terms are defined in Section 201.102 ofthe Board’s Air Pollution
Regulations.
ANSWER:
Respondent denies the allegations set forth in Paragraph 26.
27.
By constructing a new emission source at its current facility after April
14, 1972,
without first obtaining a construction permit
from the Illinois EPA, Cromwell violated Section
9(b) ofthe Act and Section 201.142 ofthe Board’s Air Pollution Regulations.
ANSWER:
Respondent denies the allegations set forth in Paragraph 27.
COUNT III
OPERATING AN
AIR
POLLUTION SOURCE
WITHOUT AN OPERATING PERMIT
1-22.
Complainant realleges and incorporates by reference herein paragraphs
1 through
22 ofCount II as paragraphs
1
through 22 ofthis Count III.
ANSWER:
Respondent incorporates its answers to
Paragraphs
1 through 22 of Count
II as its answers to Paragraphs
1
through 22 ofCount III as if fully set forth herein.
23.
Section 201.143 ofthe Board’s Air Pollution Regulations, 35 Ill. Adm. Code
201.143, provides, in relevant part, as follows:
Operating Permits for New Sources:
No person shall cause or allow the operation ofany new emission source or new
air pollution control equipment of a type for which a construction permit is
requiredby Section 201.142 without first obtaining an operating permit from the
Illinois
EPA,
except for such operations as may be authorizedby the
construction permit.
Applications for operating permits shall be made at such
times and contain suchinformation (in addition to the information required by
Section 201.157) as shall be specified in the construction permit.
ANSWER:
Since 35
Ill. Adm. Code 201.143
speaks for itself, no answer to Paragraph
23 is required.
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10670918.1
24-26.
Complainant realleges and incorporates by reference herein paragraphs 24
through 26 ofCount II as paragraphs 24 through 26 ofthis Count III.
ANSWER:
Respondent incorporates its answers to Paragraphs 24 through 26 of Count
II as its answers tO Paragraphs 24 through 26 of Count III as if fully set forth herein.
27.
By operating new emission sources at both its former and current facilities
without an operating permit from June 16,
1994, when operating permit no.
88050052 expired,
until September 18,
2003, when the Board granted Cromwell’s Adjusted Standard request,
Cromwell violated Section 9(b) ofthe Act and Section 201.143 ofthe Board’s Air Pollution
Regulations.
ANSWER:
Respondent denies the allegations set forth in .Paragraph 27.
COUNT IV
EXCEEDING THE EMISSION LIMITATION FOR A COATING LINE
.1-22.
Complainant realleges and incorporates by reference herein paragraphs
1 through
17 and
19 through 23 ofCount I as paragraphs
1 through 22 ofthis Count IV.
ANSWER:
Respondent incorporates its answers to Paragraphs
1
through 17 and 19
through 23 ofCount I as its
answers to Paragraphs
1
through 22 ofCount IV as if fully set forth
herein.
23.
Section 218.103 ofthe Board’s Air Pollution Regulations,
35 Ill. Adm.
Code
218.103, provides, in relevant part, as follows:
The provisions ofthis Part shall apply to all sources located in the Chicago area,
which is composed ofCook, DuPage, Kane, Lake, McHenry, and Will Counties,
and Aux Sable Township and Goose Lake Township in Grundy County, and
Oswego Township in Kendall County.
ANSWER:
Since 35
Ill.
Adm. Code 218.103 speaks for itself, no answer to Paragraph
23
is required.
24.
Section 2 18.204(c) ofthe Board’s Air Pollution Regulations, 35 Ill. Adm.
Code
2 18.204(c), provides,
in relevant part, as follows:
Emission Limitations.
-8-
CH1
10670918.1
Except as provided in Sections 219.205, 218.207, 218.208, 218.212, 218.215
and
218.216 of this Subpart, no
owner or operatorof a coating line shall apply at any
time any coating in which the VOM content exceeds the following emission
limitations forthe specified coating.
Except as provided in Section 218.204(1),
compliance with the emission limitations marked with an asterisk in this Section
is required on or afterMarch
15,
1996.
.
.
The emission limitations are as follows:
*
*
*
(c)
Paper Coating
içg(i
lb/gal
0.28*
2.3*
ANSWER:
Since 35
Ill. Adm.
Code 2 18.204(c) speaks for itself, no answer to
Paragraph 24
is required.
25.
Section 211.4470 ofthe Board’s AirPollution Regulations,
35 Ill. Adm.
Code
211.4470, defines paper coating as follows:
“Paper coating” means any protective, decorative orfunctional coating applied on
paper, plastic film, ormetallic foil to make certain products, including but not
limited to adhesive tapes and labels, book covers, post cards, office copier paper,
drafting paper, or pressure sensitive tapes.
For purposes of35 Ill. Adm. Code 218
and 219, paper coating includes coating applied by impregnation or saturation.
ANSWER:
Since 35
Ill. Adm.
Code Section 211.4470 speaks foritself, no answer to
Paragraph 25
is required.
26.
The coating ofpaper at Cromwell’s former and current facilities with corrosion
inhibiting compounds constitutes “paper coating” as that term is defined in Section 211.4470 of
the Board’s Air Pollution Regulations.
ANSWER:
Respondent denies the allegations set forth in Paragraph 26.
27.
The VOM content ofthe corrosion inhibiting compounds used on or after March
15,
1996, to coat paper at Cromwell’s former and current facilities exceeds the emission
limitation forpaper coating of0.28 kilograms per liter or2.3 pounds per gallon under Section
2 18.204 ofthe Board’s Air Pollution Regulations.
ANSWER:
Respondent denies the allegations set forth in Paragraph 27.
28.
By exceeding the emission limitation for paper coating at its former and current
facilities from on or after March 15,
1996, until September
18, 2003, when the Board granted
Cromwell’s Adjusted
Standard request, Cromwell violated Section 9(a) ofthe Act
and Section
2 18.204(c) ofthe Board’s Air Pollution Regulations.
-9-
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10670918.1
ANSWER:
Respondent denies the allegations set forth in Paragraph 28.
COUNT V
FAILING TO DEMONSTRATE
COMPLIANCE WITH THE EMISSION LIMITATION
FOR A COATING LINE
1-28.
Complainant realleges and incorporates by reference herein paragraphs
1 through
28 ofCount
IV as paragraphs
1
through 28 ofthis Count V.
ANSWER:
Respondent incorporates its
answers to Paragraphs
1
through 28 ofCount
IV as its answers to Paragraphs
1
through 28 ofCount V as if fully set forth herein.
29.
Section 218.204 ofthe Board’s Air Pollution Regulations, 35
Ill. Adm.
Code
218.204, provides, in relevant part, as follows:
Emission Limitations.
Compliance with this Subpart must be demonstrated through the applicable
coating analysis methods and procedures specified in Section 218.105(a) ofthis
Part and the recordkeeping and reportingrequirements specified in Section
218.2 11(c) ofthe Subpart except where noted.
ANSWER:
Since 35
Ill.
Adm. Code 218.204 speaks for itself, no answer to Paragraph
29 is required.
30.
Section 218.105(a) ofthe Board’s AirPollution Regulations, 35 Ill. Adm. Code
2 18.105(a), provides,
in relevant part, as follows:
Test Methods and Procedures.
(a)
Coatings, Inks and Fountain Solutions
The following test methods and procedures shall be used to
determine compliance of as applied coatings, inks, and fountain
solutions with the limitations set forth in this Part.
(1)
Sampling:
Samples collected for analyses shall be one-liter
taken into a one-liter container at a location and time such
that the sample will be representative ofthe coating as
applied (i.e., the sample shall include any dilution solvent
or other VOM added during the manufacturing process).
The container must be tightly sealed immediately afterthe
sample
is taken.
Any solvent or other VOM added after the
sample is
taken must be measured and
accounted for in the
calculations in subsection (a) (3) ofthis Section.
For
-10-
CR1
10670918.1
multiple package coatings, separate samples of each
component shall be
obtained.
A mixed sample shall not be
obtained as it will cure in the container.
Sampling
procedure shall follow the guidelines presented in:
(A)
ASTM D3925-81 (1985) standard practice for
sampling liquid paints and related pigment coating.
This practice is incorporated by reference in Section
218.112 ofthis Part.
(B)
ASTM E300-86 standard practice for sampling
industrial chemicals.
This practice is incorporated
by reference in Section 218.112 ofthis Part.
ANSWER:
Since 35 Ill.
Adm. Code 218.105(a) speaks for itself, no answer to
Paragraph 30
is required.
31.
Section 218.211(c) ofthe Board’s AirPollution Regulations,
35 Ill.
Adm. Code
218.211(c), provides, in relevant part, as follows:
Recordkeeping and Reporting.
*
*
*
(c)
Any owner or operator of a coating line subject to the limitations of
Section 218.204 ofthis Subpart other than Section 218.204(a) (2) or (a)
(3) of this Subpart shall comply with the following:
(1)
.
.
.
upon initial start-up ofa new coating line..
.
the owner
or operator of a subject coating line shall certify to the
Illinois
EPA
that the coating line will be in compliance
with section 218.204 ofthis Subpart on or after a date
consistent with
Section 2 18.106 ofthis Part, oron and after
the initial start-up date.
Such certification shall include:
(A)
The name and identification number ofeach coating
as applied on each coating line;
(B)
The weight ofVOM per volume ofeach coating
(minus water and
any compounds which are
specifically exempted from the definition ofVOM)
as applied on each coating line;
.
ANSWER:
Since 35
Ill. Adm.
Code 218.211(c) speaks for itself, no
answerto
Paragraph 31
is required.
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10670918.1
32.
From on or after March
15,
1996, until September 18, 2003, when the Board
granted Cromwell’s Adjusted Standard request, Cromwell failed to demonstrate compliance
through the applicable coating analysis methods and procedures specified in section218.105(a)
of the Board’s Air Pollution Regulations and the recordkeeping and reporting requirements
specified in Section 218.211(c) of the Board’s AirPollution Regulations.
ANSWER:
Respondent denies the allegations set forth in Paragraph 32.
33.
By failing to demonstrate compliance through the applicable coating
analysis
methods and procedures specified in Section 218.105(a) of the Board’s Air Pollution Regulations
and the recordkeeping and reporting requirements specified in Section 218.211(c) ofthe Board’s
AirPollution Regulations from
on or after March 15,
1996, until September 18, 2003, when the
Board granted Cromwell’s Adjusted Standard request, Cromwell violated SectiOn 218.204 ofthe
Board’s Air Pollution Regulations.
ANSWER:
Respondent denies the allegations set forth in Paragraph 33.
34.
.
By violating Section 218.204 ofthe Board’s Air Pollution Regulations, Cromwell
violated Section 9(a) ofthe Act.
ANSWER:
Respondent denies the allegations set forth in Paragraph 34.
WHEREFORE,
Respondent, Cromwell-Phoenix, Inc., respectfully requests that the
Board enter an order dismissing the Complaint with prejudice and order such furtherrelief as
appropriate and just.
DATED: March
25, 2004
Respectfully submitted,
CROMWELL-PHOENIX, iNC.
B
Cf
One ofIts Attoi~~’s
Eric E.
Boyd
SEYFARTH SHAW LLP
55 East Monroe Street
Suite 4200
Chicago, Illinois 60603
(312) 346-8000
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CHI 10670918.1
CERTIFICATE OF SERVICE
Eric E.
Boyd, an attorney, certifies that he caused a true and correct copy ofthe foregoing
RESPONDENT’S ANSWER TO COMPLAINANT’S COMPLAINT and APPEARANCE to be
served by first class mail this 25th day ofMarch 2004, upon:
Michael C. Partee
Assistant Attorney General
Environmental BureauNorth
188 West Randolph Street, Suite 2001
Chicago, IL
60601
BradleyP. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
Eric B. Boyd
V
CHI
10671306.1
