BEFORE THE ILLINOIS
    POLLUTION CONTROL BOARD
    IN THE MATTER OF:
    )
    )
    PETITION OF ROYAL FIBERGLASS
    POOLS,
    INC.
    FOR AN ADJUSTED STANDARD FROM
    35 ILL. ADM.
    CODE 215.301
    )
    TO:
    John Therriault, Assistant Clerk
    Illinois
    Pollution Control Board
    James R. Thompson Center
    100 West
    Randolph, Suite 11-500
    Chicago, Illinois 60601-3218
    )
    AS 2009-04
    )
    (Adjusted Standard-Air)
    Carol Webb, Hearing
    Officer
    Illinois Pollution Control Board
    James
    R. Thompson
    Center
    100 West Randolph, Suite 11-500
    Chicago, Illinois 60601-3218
    )
    NOTICE
    Dale A. Guariglia
    Brandon W.
    Neuschafer
    Bryan Cave LLP
    One Metropolitan Square, Suite
    3600
    211
    N.
    Broadway
    St. Louis, MO 63 102-2750
    PLEASE TAKE NOTICE that I have today filed with
    the
    Office of the Pollution Control
    Board
    the
    MOTION FOR LEAVE TO FILE INSTANTER
    POST-HEARING
    COMMENTS and
    RESPONDENT’S
    POST-HEARING
    BRIEF
    of the Illinois Environmental
    Protection Agency
    a
    copy of which is herewith served upon
    you.
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY
    By:
    Is!
    Charles E.
    Matoesian
    DATED: December 16, 2009
    1021 North Grand Avenue East
    P.O. Box
    19276
    Springfield, Illinois 62794-9276
    217.782.5544
    217.782.9143 (TDD)
    Charles E.
    Matoesian
    Assistant Counsel
    Division
    of Legal
    Counsel
    THIS FILING IS SUBMITTED
    ON
    RECYCLED PAPER
    Electronic Filing - Received, Clerk's Office, December 16, 2009
    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 LEAVE
    TO FILE INSTANTER
    POST-HEARING
    COMMENTS
    NOW COMES
    the Proponent,
    the ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    (“Illinois EPA”
    or
    “Agency”),
    by its attorney,
    and pursuant
    to
    35
    Ill.
    Adm. Code
    101.502 and 102.402,
    moves
    that
    the Hearing Officer allow
    for the
    filing
    instanter
    of
    the attached post-hearing
    comments
    in the matter above.
    On October 28, 2009,
    the Illinois
    Pollution Control
    Board (“Board”)
    held
    a hearing
    in the
    Petition of Royal Fiberglass
    Pools,
    Inc. for an Adjusted
    Standard
    from
    35 Ill. Adm.
    Code
    215.301 (“Royal”) At
    that hearing,
    a date of December
    7, 2009, was
    set
    as a deadline
    for post-hearing
    briefs.
    On that
    date, Royal filed
    comments
    late
    in the
    day. After
    the close of the
    comment
    period
    the Illinois
    EPA
    realized
    they
    needed to
    respond to
    one
    aspect of Royal’s comments.
    The Illinois
    EPA
    contacted Royal
    and
    set up a call
    to discuss the
    matter. At that time,
    both
    parties came
    to an agreement concerning
    the language
    at issue. Although
    the Illinois
    EPA
    regrets
    the timing
    of this late request
    and recognizes
    the fact that
    the Board is proceeding
    expeditiously,
    as the comment period
    has closed
    the Agency prays
    that the Hearing
    Officer
    allow the attached
    comment to be
    included
    in the
    record.
    Allowing
    the agreed upon change
    into the
    record will resolve
    a potentially
    contentious issue
    between the parties.
    1
    Electronic Filing - Received, Clerk's Office, December 16, 2009
    WHEREFORE,
    for
    the reasons
    set
    forth
    above, the
    Illinois EPA
    moves
    that
    the
    Hearing
    Officer
    allow this
    motion
    and
    pray that
    it be allowed
    to file
    the
    attached
    post-
    hearing
    comments
    instanter.
    Respectfully
    submitted,
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    By:
    Is! Charles
    E. Matoesian
    Charles E.
    Matoesian
    Assistant
    Counsel
    Division
    of
    Legal
    Counsel
    DATED:
    December
    16,
    2009
    1021
    N.
    Grand
    Ave., East
    P.O. Box
    19276
    Springfield,
    Illinois 62794-9276
    217/782-5544
    2
    Electronic Filing - Received, Clerk's Office, December 16, 2009
    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
    )
    )
    RESPONDENT’S
    POST-HEARING
    BRIEF
    NOW COMES
    the Illinois Environmental
    Protection
    Agency
    (“Illinois EPA” or
    “Agency”) by its
    attorney, Charles E. Matoesian,
    and
    hereby submits its
    Post-Hearing
    Brief
    with the Illinois
    Pollution Control
    Board
    (“Board”)
    in this matter.
    In support of
    this
    Post-Hearing
    Brief, the Illinois
    EPA states
    as follows:
    1.
    Royal Fiberglass
    Boats (“Royal”)
    filed its First Amended
    Petition
    for Adjusted
    Standard
    (hereinafter “Petition”)
    on July 17, 2009,
    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 Royal
    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
    Royal’s Dix,
    Illinois, swimming
    pool manufacturing
    facility.
    2.
    On June
    4th, 2009, the Board
    had found
    that Royal’s
    original
    petition
    met
    the
    requirements
    of 35 Ill. Adm. Code
    Section
    104.406
    and accepted
    the matter for hearing.
    1
    Electronic Filing - Received, Clerk's Office, December 16, 2009
    3.
    On
    or about
    August
    20th,
    2009,
    the
    Illinois
    EPA filed
    its
    recommendation
    with
    the Board
    recommending that the
    Board
    GRANT
    the Petition
    for Adjusted
    Standard.
    4.
    A
    hearing
    was
    held
    in
    this
    matter
    on
    October
    28th,
    2009.
    Testimony
    was
    presented
    by
    Mr.
    Cliff
    Hebert
    and
    Dr. Robert
    A.
    Haberlein
    for
    Petitioner.
    Testimony
    was
    presented
    by
    Mr.
    Andy
    Russo
    for Respondent.
    5.
    On
    December
    7,
    2009,
    the
    Petitioner
    filed
    its Post-Hearing
    brief
    with
    the Board.
    6.
    This
    reply
    solely
    involves
    a concern
    the Petitioner
    expressed
    on
    page
    12 of its
    Post-
    Hearing
    brief
    with
    condition
    “d” in
    the Illinois
    EPA’s
    Recommendation.
    7.
    The
    Illinois
    EPA
    has
    spoken
    with
    the
    Respondent’s
    attorney
    about
    this
    matter
    and
    have
    agreed
    to
    language
    which
    may
    be
    substituted
    for
    the Illinois
    EPA’s
    current
    condition
    “d” in
    its
    recommendation
    filed
    August
    20,
    2009.
    8.
    The
    Petitioner
    is
    therefore
    aware
    that
    the Illinois
    EPA is
    filing
    these
    comments
    and
    attached
    motion
    with
    the
    Board
    and does
    not
    object.
    9.
    The
    Illinois
    EPA
    has agreed
    that
    the
    condition
    “d”
    in its recommendation
    at page
    7 be
    replaced
    with
    the
    following
    language.
    “d.
    The relief
    granted
    in
    this
    proceeding
    shall
    be
    limited
    to the
    swimming
    pool
    manufacturing
    emission
    units
    (spray
    booths)
    existing
    as of
    August
    20,
    2009,
    at
    Royal’s
    Dix facility.
    10.
    Petitioner
    has agreed
    to withdraw
    its
    objection
    to the Agency’s
    condition
    “d”
    assuming
    the
    new
    language
    is used
    in any
    Board order.
    WHEREFORE,
    for the
    reasons
    stated
    herein,
    the
    Illinois
    EPA
    recommends
    that
    Royal’s
    Petition
    for
    an Adjusted
    Standard
    be
    granted.
    2
    Electronic Filing - Received, Clerk's Office, December 16, 2009
    DATED:
    December 16, 2009
    1021 N. Grand Ave. East
    P.O. Box
    19276
    Springfield, Illinois 62794-9276
    (217) 782-5544
    3
    Respectfully
    Submitted,
    ILLINOIS EVIRONMENTAL
    PROTECTION AGENCY
    BY:
    Is! Charles E.
    Matoesian
    Charles E. Matoesian
    Assistant
    Counsel
    Division of Legal
    Counsel
    Electronic Filing - Received, Clerk's Office, December 16, 2009
    STATE OF
    ILLINOIS
    )
    COUNTY
    OF SANGAMON
    )
    SS
    )
    CERTIFICATE
    OF SERVICE
    I, the
    undersigned, an attorney,
    state
    that
    I have served electronically
    the
    attached
    MOTION
    FOR
    LEAVE
    TO
    FILE INSTANTER
    POST-HEARING
    COMMENTS
    and
    RESPONDENT’S
    POST-HEARING
    BRIEF,
    upon the following
    persons:
    John Therriault,
    Assistant
    Clerk
    Illinois
    Pollution Control Board
    James
    R. Thompson
    Center
    100 West
    Randolph
    St., Suite
    11-500
    Chicago, IL
    60601
    Dale A.
    Guariglia
    Brandon
    W. Neuschafer
    Bryan
    Cave
    LLP
    One Metropolitan
    Square, Suite
    3600
    211 N. Broadway
    St. Louis,
    MO 63 102-2750
    Carol Webb,
    Hearing Officer
    Illinois Pollution
    Control
    Board
    James
    R. Thompson Center
    100 West Randolph
    St.,
    Suite 11-500
    Chicago,
    IL 60601
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Is! Charles E. Matoesian
    Charles
    E.
    Matoesian
    Assistant Counsel
    Dated:
    December 16, 2009
    1021 North
    Grand
    Avenue
    East
    P.O.
    Box 19276
    Springfield,
    Illinois
    62794-9276
    217.782.5544
    217.782.9143
    (TDD)
    Division
    of
    Legal
    Counsel
    Electronic Filing - Received, Clerk's Office, December 16, 2009

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