RECEIVED
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARELERKS OFFICE
    iN THE MATTER OF:
    )
    PETITION OF CR0WNLINE BOATS, INC.
    FOR AN ADJUSTED STANDARD FROM
    35
    ILL. ADM. CODE 215.301
    )
    MAY
    172004
    TO:
    Dorothy Gunn, Clerk
    Illinois Pollution Control Board
    James R.
    Thompson Center
    100 W. Randolph Street, Suite 11-500
    Chicago, Illinois 60601
    Dale A. Guariglia
    Bryan Cave, LLP
    One Metropolitan Square
    211
    North Broadway, Suite 3600
    St. Louis, MO 63 102-2750
    Carol Sudman, Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    P.O. Box
    19274
    Springfield, Illinois 62794-9274
    PLEASE TAKE NOTICE that I have filed with the Office ofthe Pollution
    Control Board the RESPONDENT’S POST-HEARING BRIEF on behalf ofthe Illinois
    Environmental Protection Agency, a copy ofwhich is herewith served upon you.
    ILLINOIS ENVIRONMENTAL
    PROTECTIONAGENCY
    By:
    Charles E. Matoesian
    Assistant Counsel
    Division ofLegal Counsel
    1021 North Grand Avenue East
    P.O.Box 19276
    Spring field, IL 62794-9276
    217/782-5544
    THIS FILING IS SUBMITTED ON
    RECYCLED PAPER
    )
    )
    )
    STATE OF ILLINOIS
    Pollution Control Board
    AS
    04-01
    (ADJUSTED STANDARD
    —
    AIR)
    NOTICE
    Date:
    May 14, 2004
    RECEIVED
    CLERK’S OFFICE
    BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
    MAY
    172004
    iN THE MATTER OF:
    )
    STATE OF ILLINOIS
    )
    Pollution Control Board
    PETITION OF CROWNLINE BOATS, INC.
    )
    AS 04-01
    FOR AN ADJUSTED STANDARD FROM
    )
    (Adjusted Standard-Air)
    35 ILL. ADM. CODE 215.301
    )
    )
    RESPONDENT’S
    POST-HEARING BRIEF
    NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA” or
    “Agency”) by its attorney,
    Charles B. Matoesian, and hereby submits its Post-Hearing
    Briefwith the Illinois Pollution Control Board (“Board”) in this matter.
    In support ofthis
    Post-Hearing Brief, the Illinois EPA states as follows:
    1.
    Crownline, Inc.
    (“Crownline”) filed its Petition for Adjusted Standard (“Petition”)
    on
    December 4,
    2003, pursuant
    to
    Section
    28.1
    of the Illinois
    Environmental Protection
    Act
    (“Act”),
    415
    ILCS
    5/28.1,
    and
    the
    regulations of the Board
    at
    35
    Ill.
    Adm.
    Code
    Section
    104.402.
    The
    Petition
    requests
    that
    the
    Board
    grant
    Crownline
    an
    adjusted
    standard
    from
    35
    Ill.
    Adm.
    Code
    Section
    215.301,
    the Use
    of Organic Material Rule,
    better
    known
    as
    the
    “8
    lb/hr
    Rule”
    as
    it
    applies
    to
    the
    emissions
    of volatile
    organic
    material (“VOM”) from Crownline’s West Frankfort, Illinois, boat manufacturing facility.
    2.
    On
    February
    5th,
    2004,
    the
    Board
    found
    that
    the
    Crownline
    petition met
    the
    requirements of35
    Ill. Adm.
    Code Section 104.406 and accepted the matter for hearing.
    3.
    On or about January 20th, 2004, the Illinois EPA filed its recommendation with the
    Board recommending that the Board GRANT the Petition for Adjusted Standard.
    1
    4.
    A hearing was held on this matter on April 23rd, 2004.
    Testimony was presented by Mr.
    Dale Guariglia, Mr. James Claxton and Mr. Andy Polcyn for Petitioner.
    Certain questions were
    posed by Ms. Alisa Liu ofthe Board’s technical staff.
    The Hearing Officer, Ms. Carol Sudman,
    determined that the questions should be addressed by the parties
    in theirpost-hearing briefs.
    See
    Transcript p. 42, Lines 7
    -
    21.
    5.
    The questions were primarily directed at clarifying points
    in the Petitioner’s Brief.
    This
    reply is concerned solelywith the few questions addressed to the Illinois EPA.
    6.
    On page 40 ofthe Transcript, lines 19 through 21, Ms.
    Liu asks Mr. Matoesian
    “in
    theirtestimony, Crownline indicated that the Agency was agreeable to its revised
    wording for the adjusted standard.
    Do you support that that?”
    The Illinois EPA states in
    elaboration ofits
    answer at hearing that the Agency has come to an agreement with the
    Petitioner over the wording ofthe Adjusted
    Standard and supports the granting ofthe
    Adjusted Standard based on the language submitted
    at hearingby the Petitioner.
    This
    language has been added to
    Crownline Boats, Inc.
    Post Hearing Response
    at Exhibit B.
    7.
    On page 41 ofthe Transcript, lines
    1
    through 6, Ms. Liu asks if the Illinois EPA
    has any additional information concerning the 8 lb/hr rule that it would like to add to
    “what Crownline interpreted.”
    The Illinois EPA agrees with Crownline when it states
    that when the Board enacted the
    8 lb/hr rule the Board did not, and could not, have
    anticipated Crownline’s particular situation especially when the newer emissions factors
    established by the U.S.
    EPA are considered.
    8.
    As the schedule for filing the Post-Hearing Briefs was concurrent, the Illinois
    EPA reserves the right to provide
    additional answers and clarifications should the
    2
    Petitioner’s Post-Hearing Briefcontain matter found objectionable or requiring
    clarification.
    WHEREFORE, for the reasons stated herein, the Illinois
    EPA recommends that
    Crownline’s Petition for an Adjusted Standard be granted.
    Respectfully Submitted,
    ILLINOIS EVIRONMENTAL
    PROTECTION AGENCY
    ~
    Charles B. Matoesian
    Assistant Counsel
    Division ofLegal Counsel
    DATED:
    May 14, 2004
    1021 N. Grand Ave. East
    P.O. Box 19276
    Springfield, Illinois
    62794-9276
    (2 17) 782-5544
    3
    STATE OF ILLINOIS
    COUNTY OF SANGAMON
    PROOF OF
    SERVICE
    I, the undersigned, on oath state that I have served the attached Respondent’s Post-
    Hearing Briefupon 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
    Dale A. Guariglia
    Bryan Cave, LLP
    One Metropolitan Square
    211
    North Broadway, Suite 3600
    St.
    Louis, MO 63102-2750
    Carol Sudman, Hearing Officer
    Illinois Pollution Control Board
    1021
    North Grand Avenue East
    P.O. Box
    19274
    Springfield, Illinois
    62794-9274
    and mailing it by First Class Mail from Springfield, Illinois on May 14, 2004, with sufficient
    postage affixed.
    SUBSCRIBED AND SWORN TO BEFORE ME
    this
    14th
    day ofMay, 2004
    Notary Public
    OFFICIAL
    SEAL
    :ç
    BRENDA
    BOEHNER
    NOTARY
    PUBLIC,
    STATE
    OF
    ILLINOIS ~
    ~:MYCOMMISSION
    EXPIRES
    11.14.2005?.
    )
    )SS.
    )
    THIS FILING IS SUBMITTED ON RECYCLED PAPER

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