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

SECOND 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: June 11, 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)

Electronic Filing - Received, Clerk's Office, June 11, 2009

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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

)

)

SECOND MOTION FOR EXTENSION OF TIME IN WHICH TO FILE

AY’ A A AA

NOW COMES

Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

("Illinois EPA"

r “Agec), yby ”

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 its recommendation on the petition for adjusted standard in the

above captioned matter to July 7, 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. (“Ryal”).

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.

On May 15, 2009, the Illinois EPA filed a request for an extension of time to file

its response to June 12, 2009, as Royal intended to submit some updated information which

would help the Illinois EPA develop its recommendation.

4.

Illinois EPA today requests a second extension until July 7, 2009 as Royal has not

yet submitted the updated information.

5.

During a telephone conversation on June 8, 2009 the attorney representing

Petitioner agreed to this extension.

Electronic Filing - Received, Clerk's Office, June 11, 2009

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WHEREFORE

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

requests that the Hearing Officer grant an extension until July 7, 2009, for the Illinois EPA to file

its recommendation of the petition for adjusted standard.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

_______________

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

DATED: June 11, 2009

P.O. Box 19276

Springfield, Illinois 62794-9276

217/7782-5544

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