ILLINOIS POLLUTION CONTROL BOARD
    September 1, 1994
    RIVERSIDE LABORATORIES, INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 90—165
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by C. A. Manning):
    Riverside Laboratories Inc. (Riverside), on August 29, 1994,
    filed a joint status report pursuant to the Board’s order of
    April 21, 1994, a motion for continuance of stay and a waiver of
    this underlying permit appeal decision deadline until April 7,
    1995.
    In the status report, Riverside states that related
    consolidated variance petitions are also pending before this
    Board in PCB 91-161 and PCB 90-164. This permit appeal matter,
    and the related consolidated variance petitions, all pertain to
    35 Ill. Adm. Code Part 218 (Papercoating Regulations) as applied
    to Riverside. Further Riverside states that it has pending
    before the United States Environmental Protection Agency (USEPA)
    a request for review of the Federal Implementation Plan (FIP) for
    ozone that specifically challenges the papercoating limitations
    as applied to Riverside and that USEPA has granted Riverside a
    stay of enforcement of the papercoating limitations, pending
    finalOnreview.December1
    16, 1993 a Notice of the Proposed Rulemaking was
    published in the Federal Register and that the relevant public
    comment period ended January 18, 1994. (58 Fed. Reg. 65688
    (December 16, 1993).) A public hearing was held by USEPA on
    April 6, 1994 and the comment period was extended until May 16,
    1994 at the request of Riverside. The status report states that
    the final rule has not been issued. Riverside and the Agency
    agreed that hearings in this matter should be held pending final
    USEPA action. The status report does not state the expected date
    for when the proposed rule will become final.
    ‘The Board regulations at 35 Ill. Adm. Code 218.103 (a) (2)
    stays the effectiveness of Part 218 as applied to each FIP
    appellant to the extent that each appellant receives a stay of
    the FIP from the USEPA.
    2
    The Board grants a stay in this matter until November 3,
    1994, which allows the Board sufficient time, if necessary, to
    process this case prior to the new decision deadline.2 Riverside
    Laboratories may petition the Board for an extension of the stay
    providing that an appropriate waiver of the decision deadline is
    also filed.
    The parties are directed to file an updated status report
    on or before October 28, 1994.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control.
    Board, hereby certify that the above order was adopted on the
    /5!~ day of ________________________, 1994, by a vote of
    Dorothy N. G3inn, Clerk
    Illinois Pollution Control Board
    2Due to the regulatory notice requirements, the time
    required to conduct the hearing and deliberate the matter, the
    Board requires a 120 day period of time between the stay and the
    decision due date in the matter.

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