ILLINOIS POLLUTION CONTROL BOARD
    July 21, 1994
    IN THE
    MATTER OF:
    )
    R90—1
    (D)
    TOXIC AIR CONTAMINANT LIST,
    )
    (Rulemaking)
    STYRENE (35 ILLS. ADM. CODE
    )
    232 APPENDIX A)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 10, 1993, the First Notice of the proposed
    rulemaking was published in the Illinois Register. (17 Ill. Reg.
    14540 (September 10, 1993).) The Board adopted the First Notice
    pursuant to Sections 9.5 and 27 of the Illinois Environmental
    Protection Act (Act), on August 26, 1993. (415 ILCS 5/9.5 and
    5/27 (1992).)
    On September 23 and 24, 1993, the Styrene Information and
    Research Center (SIRC) and the Chemical Industry Council of
    Illinois (CICI) filed requests for a hearing in this matter
    pursuant to Section 5-40 of the Illinois Administrative Procedure
    Act. (5 ILCS 100/5—40 (1992).) The Board granted the requests
    in its October 21, 1993 order.
    SIRC filed a motion on November 12, 1993 to stay proceedings
    based on SIRC’s understanding that the Illinois Environmental
    Protection Agency (Agency) intends to propose to the Board a
    rulemaking which would eventually list styrene as a Toxic Air
    Contaminant (TAC). On December 16, 1993, the Agency filed a
    response which stated that it intends to file a proposal which
    would allow the listing of styrene as a TAC. Based on this the
    Board granted a stay until March 3, 1994.
    On February 25, 1994, SIRC filed a status report and a
    motion to extend the stay in this matter for at least ninety (90)
    days. In support of the motion SIRC states that the Agency
    intends to file a proposal for listing styrene as a TAC on the
    basis that it is already listed as a Hazardous Air Pollutant
    (HAP)
    putsuant to Section 112 of the Clean Air Act in May of
    1994. The Board granted the extension of the stay until May 19,
    1994 with reluctance due to the deadline to finish the
    proceedings as established by the Administrative Procedure Act.
    The Board also directed the parties to file any motions to
    dismiss, withdraw, or other appropriate motions with the Board by
    May 6, 1994.
    On April 29, 1994 the Agency filed a status report with the
    Board. It stated that the Agency intends to proceed with the
    amendment to Section 232.200 in order to include styrene on the
    TAC list and anticipates filing its proposal by mid-summer.
    Furthermore the Agency stated that it would concur with a request
    2
    by SIRC to continue the stay in this matter and assures the Board
    that it will be able to dismiss this docket by September 10,
    1994. However, the Agency also requested the Board to keep this
    docket open until the proposal to amend Section 232.200is
    actually filed with the Board.
    On May 6, 1994, SIRC filed a motion to continue the hearing.
    In support of its motion it states that to allow the Agency to
    propose listing styrene on the TAC list because it is a HAP is a
    “more efficient approach since further proceedings on this docket
    will involve substantial hearings and great expense to all
    parties.” SIRC requests an additional stay for at least 180 days
    and that it understands that this may require the Board to
    republish First Notice of this rulemaking in the Illinois
    Register.
    On July 11, 1994, the Agency filed a motion to stay the
    hearing in this matter for an additional sixty (60) days. The
    Agency states that it has only recently received the Great Waters
    Program, as set forth on the “First Report to Congress,
    Deposition of Air Pollutants to the Great Waters,” published in
    May 1994. The Agency is requesting the additional time to review
    the list of chemicals to revise its regulatory proposal based on
    this publication.
    The Board will grant the requested 60-day stay in this
    matter. The Board grants the stay until October 6, 1994. Any
    motions to dismiss, withdraw, or other appropriate motions the
    parties want the Board to consider must be received by the Board
    by September 24, 1994. The First Notice published on September
    10, 1993 will expire, therefore the Board will be required to
    return to first notice in this matter.
    IT IS SO ORDERED
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    B~ard, hereby certi~fy.~that
    the above order was adopted op th~
    ~/~4day
    of
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    --7
    ,
    1994,
    by a vote of ~
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    .L.
    ~Dorothy N. G~n, Clerk
    Illinois Pollution Control Board

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