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