ILLINOIS POLLUTION CONTROL
BOARD
March 17, 1994
IN THE MATTER OF:
)
R90—1(D)
TOXIC AIR CONTAMINANT LIST,
)
(Rulemaking)
STYRENE (35 ILL. ADN. CODE
)
232 APPENDIX A)
)
ORDER OF THE BOARD (by C.A. Manning):
On September 10, 1993, this docket was published in the
Illinois Register. (17 Ill. Reg. 14540 (September 10, 1993).)
The proposed amendment to 35 Iii. Adm Code 232.Appendix A was
filed by the Board pursuant to Sections 9.5 and 27 of the
Illinois Environmental Protection Act (Act). (415 ILCS 5/9.5 and
5/27 (1992).)
On September 23, 1993, the Styrene Information and Research
Center (SIRC) and on September 24, 1993, 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 order dated October 21, 1993.
On November 12, 1993, SIRC filed a motion 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
pursuant to Section 112 of the Clean Air Act Amendments in May of
1994. SIRC states that the Agency has been advised of this
motion for an extension of time and has no objection.
The Board is concerned with any further extension of the
stay in this matter. SIRC’s request for an additional ninety
(90) days means that no hearing could be held in this matter
until the end of July. The deadline to finish the proceedings
and file this with the Secretary of State, however, is September
10, 1994. The Board will grant an extension of the stay only
until May 19, 1994. Any motions to dismiss, withdraw, or other
appropriate motions the parties want the Board to consider must
be received by the Board by May 6, 1994.
2
IT IS SO ORDERED
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Boar4~hereby certify that the above order was adopted on the
j7~/-
day of
____________________,
1994, by a vote of
~.
Dorothy N. ~nn, Clerk
Illinois Pç’)~lution Control Board