ILLINOIS POLLUTION
    CONTROL BOARD
    April 21, 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 April 8,
    1994,
    filed a joint status report pursuant to the Board’s order of
    January
    6,
    1994, a motion for continuance of stay and a waiver of
    decision deadline until December 5, 1994.
    In the status report,
    Riverside states that related to this permit appeal is a
    consolidated variance petition pending before the Board, PCB
    91—161 and PCB 90-164, all pertaining to the Part 218
    papercoating regulations as applied to Riverside.
    Riverside
    states that it also has pending before the United States
    Environmental Protection Agency (USEPA) a reconsideration of the
    Federal Implementation Plan
    (FIP) papercoating regulations as
    applied to Riverside.
    Riverside also states that USEPA has
    granted Riverside a stay of enforcement of the papercoating
    limitations, pending final review.
    The Board regulations at 35
    Ill. Ada. 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.
    The status
    report further states that on December 16,
    1993 a Notice of the
    Proposed Rulemaking was published in the Federal Register and
    that the public comment
    period
    ended January 18, 1994.
    (58 Fed.
    Reg.
    65688
    (December 16,
    1993).)
    Riverside states that the
    Agency has agreed that the hearings in this matter should be held
    pending the settlement with the USEPA.
    The status report does
    not state the expected date for when the proposed rule will
    become final.
    Riverside Laboratories also filed a waiver of the decision
    deadline extending the deadline until December 5,
    1994,
    and a
    motion for continuance of the stay until December 5,
    1994 or at
    such other time as the Board deems necessary.
    The Board grants a stay in this matter until September
    1,
    1994, which allows
    the
    Board sufficient time,
    if necessary, to
    process this case prior to the new decision deadline.
    Riverside
    Laboratories may petition the Board for an extension of the stay
    providing that an appropriate waiver of the decision deadline is
    2
    also filed.
    The parties are directed to file an updated status report
    on or before August 26,
    1994.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certify
    at the above order was adopted on the
    ____
    day of
    42L
    ,
    1994, by a vote of
    -0.
    Dorothy M. ,qunn, Clerk
    Illinois P~lutionControl Board

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