this case it's a success story this case is a success story because they achieved compliance with the act and a more efficient and economical operation of their business it's a success for the agency because the agency was able to bring is manufacture into compliance a success for the local economy because the  was able to remain operating for and continue business in supporting the economy success for the employees because they kept their jobs and of course it's a success for the environment because v o m emissions will control overcoming the technical challenges of increased environmental regulation where we're now choosing between having economic activity and having environmental action but we're accomplishing both  which i consider not just in terms of determining the violation of the but going to be considered based on the evidence in the record and as to whether a penalty should be imposed in this story about in this country or in the world for that matter the evidence in the record was that the other no other plant in this country and manufactured the other one of hundred of them the place had this type of character control for their view on the missions and and nor in the world this was achieved despite the fact that aluminum powder and aluminum place are highly explosive and highly flammable and require record of the particular scene is significant therefore that there is no record evidence of any environmental injury of any character or degree from toil is not  favor of imposing a substantial fine is not based on record evidence rather its face entirely on the facts of the violation itself proper consideration of the thirty three c technically impractical for me instead troil focused his attention i think she designing engineering manufacturing and actually then constructed implementing be a method for calculating economic benefit because he believes that any consideration that would wreck that would reduce the amount of his economic benefit calculation would undermine what in his mind was the deterrent factor of an economic benefit he he didn't disagree with the fact that there was a cost savings from this out so mr sizes is incorrect and there's nothing in the us in a policy that says this method can't be used they say you can't simply introduce the product of the computer model and have a place you need to have a foundation for  efficiently more economically with the non compliant system they should benefit from back thank you interfering with the state's ability to get to comply with the federal mandate under the clean air act that that it would needs to improve the quality buying forcing such regulations provide control standards for all commuters who are sinners and it's also undisputed here that toils and actually stated many faction facility was and still is a major source of the on the missions under the under the act on that means that it was already decided as a matter of federal law at this point could still perhaps comply with the regulations and have such be on the mission levels but the fact that the congress united states congress decided the way to control this was not create some bright line twenty five tons that's it or twenty tons or some other number but instead say what's your major  agency that actually testified in this case and even in my opponent's argument he doesn't point to any evidence in the record to show any lack of good faith or any of that diligence all of the testimony  record in this case is about these efforts the toilet was making in the challenges that they had here the the idea of putting a permanent total enclosure around the equipment president in terms of how they should be sound and there's no evidence in the record that there was technology available that could have been used by toy so the the emphasis that we place on the day that the board's orders consider that now that he disagreed that that was expanded by toyo in good faith for purposes of pollution control but he refused to consider it because it wouldn't be consistent with his term approach and again my opponent says that the board s one of the vacuum skid jura which further reduced the negative economic benefit by another nother hundred thousand dollars i'm referring to the fact that mr stein sees economic benefit and he was cross