ILLINOIS POLLUTION CONTROL BOARD
    June 4, 2009
    IN THE MATTER OF:
    PETITION OF ROYAL FIBERGLASS
    POOLS, INC. FOR AN ADJUSTED
    STANDARD FROM 35 ILL. ADM. CODE
    215.301
    )
    )
    )
    )
    )
    AS 09-4
    (Adjusted Standard - Air)
    ORDER OF THE BOARD (by G.T. Girard):
    On April 3, Royal Fiberglass Pools, Inc., (Royal) filed this petition for an adjusted
    standard pursuant to Section 28.1 of the Environmental Protection Act (415 ILCS 5/28.1 (2006)).
    Royal requests that the Board grant an adjusted standard from 35 Ill. Adm. Code 215.301 as that
    rule applies to the emissions of volatile organic material (“VOM”) at Royal’s swimming pool
    manufacturing facility. The facility is located at 312 Duncan Road, Dix, Jefferson County. In
    the petition, Royal requests that a hearing be held and asks that the Board expedite review of this
    petition. No response has been filed to the motion to for expedited review
    . See
    35 Ill. Adm.
    Code 101.500(d)
    Section 28.1 of the Act requires publication of a notice of an adjusted standard
    proceeding in a newspaper of general circulation in the area affected by Royal’s activity. The
    notice must be published within 14 days of the filing of the petition. On April 24, 2009, Royal
    filed a “Notice of Publication of Petition for an Adjusted Standard” indicating that notice of the
    petition was published in the
    Mt. Vernon Register News
    on April 13, 2009.
    The Board finds that the notice meets the requirements of Section 28.1 of the Act and that
    the petition meets the content requirements of Section 104.406 of the Board’s rules (35 Ill Adm.
    Code 104.406). The Board accepts this matter for hearing. However, the Board denies the
    request to expedite the decision. Requests for expedited review are governed by Section 101.512
    of the Board's rules, and must contain,
    inter alia
    , a complete statement of the facts and reasons
    for the request.
    See
    35 Ill. Adm. Code 101.512. In acting on a motion for expedited review, the
    Board considers, at a minimum, all statutory requirements and whether or not material prejudice
    will result from the motion being granted or denied. 35 Ill. Adm. Code 101.512(b). In addition,
    the Board will only grant a motion for expedited review consistent with available resources.
    See
    35 Ill. Adm. Code 101.512(c). The Board finds that material prejudice will not result if the
    Board denies the motion. Also, as the Board noted in several recent decisions denying requests
    for expedited review:
    expedited review is granted consistent with decision deadlines and available
    resources. The Board currently has numerous open rulemaking dockets that
    demand immediate attention, as well as pressing cases that will keep the Board
    busy for several months. Due to attrition, Board staffing is at its lowest levels in
    some years. Even if the Board were to accept that Galva’s claims amount to
    2
    “material prejudice”, the Board’s limited resources in light of its current and
    future decision deadlines render the granting of a motion for expedited review
    unlikely in all but the most dire circumstances.
    See
    Proposed Site Specific Rule
    For City Of Galva Site Specific Water Quality Standard For Boron Discharges To
    Edwards River And Mud Creek: 35 Ill. Adm. Code 303.347 (Feb. 5, 2009).
    Hearings shall be scheduled and completed in a timely manner. The Board through its
    hearing officer, may direct Royal to provide additional information concerning its request prior to
    or at hearing.
    See
    Petition of BFI Waste Systems of North America, Inc. for Waste Delisting, AS
    08-5, slip op. at 1 (Jan. 10, 2008) (accepting petition for hearing while noting that orders may
    issue requiring more information from petitioner before or at hearing). The assigned hearing
    officer shall inform the Clerk of the Board of the time and location of hearing at least 40 days in
    advance of hearing so that a 30-day public notice of hearing may be published.
    The Board notes that on May 15, 2009, the Illinois Environmental Protection Agency
    sought an extension of time to file the recommendation in this proceeding. No response has been
    filed to the motion for extension of time and thus any objection to the motion is waived.
    See
    35
    Ill. Adm. Code 101.500(d). The Board grants the motion.
    On April 3, 2009, Royal filed motions to allow Dale A. Guariglia and Brandon W.
    Neuschafer to appear
    pro hac vice
    on behalf of Royal. According to the motions, Mr. Guariglia
    and Mr. Neuschafer are licensed and registered attorneys in Missouri. No response has been filed
    to the motion to appear
    pro hac vice. See
    35 Ill. Adm. Code 101.500(d). The Board grants the
    motion.
    See
    35 Ill. Adm. Code 101.400(a)(3).
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on June 4, 2009, by a vote of 5-0.
    ____________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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