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Dated: June 5, 2008
, One o A orneys
ILLINOIS POLLUTION CONTROL BOARD
EMERALD PERFORMANCE
MATERIALS, INC
(as purchaser of Noveon, Inc.)
Petitioner,
v.
?
PCB 04-102
(Permit Appeal – Air)
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ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Via E-Mail and First Class Mail
TO: Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
Sally A. Carter
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
John T. Therriault
Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
NOTICE OF MOTION
PLEASE TAKE NOTICE
that today, I, Roy M. Harsch, have filed with the Clerk of the
Office of the Illinois Pollution Control B
OTION TO Q EST EXTENS ON TO
FILE BRIEF
in the above titled matt
s hereby •erve us n you.
Roy M. Harsch, Esq. ARDC # 1141481
Drinker Biddle & Reath LLP
191 N. Wacker Drive - Suite 3700
Chicago, IL 60606
(312) 569-1441 (Telephone)
(312) 569-3441 (Facsimile)
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
 
ILLINOIS POLLUTION CONTROL BOARD
EMERALD PERFORMANCED
MATERIALS, INC.
(as purchaser of Noveon, Inc.)
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
PCB 04-102
(Permit Appeal – Air)
MOTION TO REQUEST EXTENSION TO FILE BRIEF
Petitioner by its attorneys, Drinker Biddle & Reath LLP, hereby requests that the Hearing
Officer grant this Motion to Request an Extension to File Brief until June 27, 2008. In support,
Petitioner states as follows:
1.
On February 5, 2008, the parties in this matter participated in a hearing in the
Municipal Building Council Chamber's Office in Henry, Illinois. Following conclusion of the
hearing, the parties presented the hearing officer with an agreed upon briefing schedule that was
subsequently included in a Hearing Officer order which required that Petitioner's brief would be
due in this matter on June 6, 2008.
2.
Since the entry of this order, Mr. Roy M. Harsch, attorney for Petitioner, has been
absent from the office on personal matters and outside the State of Illinois for business purposes.
3.
As a result of Mr. Harsch's extended absence from the office, Mr. Harsch is
requesting an extension to file the Petitioner's Brief in this matter no later than June 27, 2008.
4.
Petitioner has been unable to discuss with the Illinois Environmental Protection
Agency's ("Illinois EPA") Attorney, Ms, Sally Carter, whether Illinois EPA would agree to this
Motion because Ms. Carter is out of the office this week.
 
Request an Extension to File its Brief in this
er than June , 2'108.
Submitted
One of the Attom
er
5. Petitioner asserts that Illinois EPA should not be prejudiced by this three week
extension request because Petitioner will agree to provide the Illinois EPA the necessary time to
prepare their reply brief. Petitioner will contact Ms. Carter on her return and attempt to agree
upon a mutually agreeable new briefing schedule to provide to the Hearing Officer.
Wherefore, Petitioner respectfully requests that the Hearing Officer grant this Motion to
Dated: June 5, 2008
Roy M. Harsch, Esq. ARDC # 1141481
Drinker Biddle & Reath LLP
191 N. Wacker Drive - Suite 3700
Chicago, IL 60606
(312) 569-1441 (Telephone)
(312) 569-3441 (Facsimile)
 
John T. Therriault
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
therriaj@ipcb.state.il.us
CERTIFICATE OF SERVICE
I, Roy M. Harsch, an attorney, hereby certify that on June 5, 2008 a copy of the foregoing
Motion to Request Extension to File Brief, was sent to the following via e-mail and First Class
mail:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
hallorab@ipcb.state.il.us
Sally A. Carter
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Sally.Carter@illinois.gov

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