BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PETITION OF ROYAL FIBERGLASS POOLS,

)

AS 2009-04

INC. FOR AN ADJUSTED STANDARD FROM )

(Adjusted Standard-Air)

35 ILL. ADM. CODE 215.301

)

)

NOTICE

TO:

John Therriault, Assistant Clerk

Carol Webb, Hearing Officer

Illinois Pollution Control Board

Illinois Pollution Control Board

James R. Thompson Center

James R. Thompson Center

100 West Randolph, Suite 11-500

100 West Randolph, Suite 11-500

Chicago, Illinois 60601-3218

Chicago, Illinois 60601-3218

Dale A. Guariglia

Brandon W. Neuschafer

Bryan Cave LLP

One Metropolitan Square, Suite 3600

211 N. Broadway

St. Louis, MO 63102-2750

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board

the

MOTION FOR EXTENSION OF TIME IN WHICH TO FILE AGENCY’S

RECOMMENDATION OF THE PETITION FOR ADJUSTED STANDARD

of the Illinois

Environmental Protection Agency a copy of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: /s/ Charles E. Matoesian

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

DATED: May 15, 2009

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

THIS FILING IS SUBMITTED

217.782.5544

ON RECYCLED PAPER

217.782.9143 (TDD)

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PETITION OF ROYAL FIBERGLASS POOLS,

)

AS 2009-04

INC. FOR AN ADJUSTED STANDARD FROM )

(Adjusted Standard-Air)

35 ILL. ADM. CODE 215.301

)

)

MOTION FOR EXTENSION OF TIME IN WHICH TO FILE

AGENCY’S RECOMMENDATION OF THE PETITION FOR ADJUSTED STANDARD

NOW COMES

Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

("Illinois EPA"), by its attorney, Charles E. Matoesian, and pursuant to Section 101.522 of the

Illinois Pollution Control Board rules moves that the Hearing Officer extend the time for the

Illinois EPA to file the recommendation on the petition for adjusted standard in the above

captioned matter to June 12, 2009. In support of its Motion, the Illinois EPA states as follows:

1.

On April 4, 2009, Illinois EPA received a Petition for Adjusted Standard filed on

behalf of Royal Fiberglass Pools, Inc. (“Royal”).

2.

Under 35 Ill. Adm. Code 104.416, Illinois EPA must file with the Board the

recommendation of the Agency on the petition for adjusted standard within 45 days of notice of

the petition.

3.

Illinois EPA requests an extension on June 12, 2009 as Royal intends to submit

some updated information which will help the Illinois EPA develop its recommendation.

4.

During a telephone conversation on May 7, 2009 the attorney representing

Petitioner agreed to this extension.

---

WHEREFORE

, for the reasons set forth above, the Illinois EPA respectfully

requests that the Board grant an extension until June 12, 2009, for the Illinois EPA to file its

recommendation of the petition for adjusted standard.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

/s/ Charles E. Matoesian

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

DATED: May 15, 2009

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

Electronic Filing - Received, Clerk's Office, May 15, 2009

---