ILLINOIS POLLUTION CONTROL BOARD
    April 20,
    1995
    RIVERSIDE LABORATORIES,
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 90—164
    PCB 91—161
    ILLINOIS ENVIRONMENTAL
    )
    (Consolidated)
    PROTECTION AGENCY,
    )
    (Variance-Air)
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Yi):
    Riverside Laboratories Inc.
    (Riverside)
    and the Illinois
    Environmental Protection Agency
    (IEPA),
    on October 28,
    1994,
    filed a joint status report pursuant to the Board’s order of
    November
    3,
    1994,
    a motion for continuance of stay, and a waiver
    of decision deadline until October
    6,
    1995.
    In the status report, Riverside states that a related permit
    appeal
    is pending before this Board in PCB 90-165.
    This
    consolidated variance arising out of IEPA’s denial of Riverside’s
    permit on grounds that the Part 218 papercoating regulations of
    the State Implementation Plan
    (the
    “SIP’t)
    were applicable to
    Riverside’s operation.
    Riverside filed a Petition for Review
    challenging the papercoating limitations as they applied to
    Riverside.
    Further, Riverside states that currently pending
    before the United States Environmental Protection Agency
    (tJ.S.EPA)
    is its request for review of the Federal Implementation
    Plan
    (FIP)
    for ozone which specifically challenges the
    papercoating limitations as applied to Riverside, and that
    TJ.S.EPA has granted Riverside a stay of enforcement of the
    papercoating limitations pending final review.’
    On December
    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 U.S.EPA on
    April
    6,
    1994 and it reopened the public comment period until Nay
    16,
    1994 at the request of Riverside.
    As of April
    14, 1995,
    U.S.
    EPA has not issued a final rulemaking in this matter but
    anticipates that the final rule will be sent to the Administrator
    ‘The Board’s regulations at 35
    Ill. Mm.
    Code 218.103 (a) (2)
    stay 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 U.S.EPA.
    2
    to be signed within the next few weeks.
    Riverside filed
    a Waiver of Decision Deadline and requested
    a stay until October
    6,
    1995.
    The Board grants a stay in this
    matter until June 15,
    1995, which allows the Board sufficient
    time,
    if necessary,
    to process this case prior to the new
    decision deadline.2
    Riverside and the Agency shall file another
    status report, or any other appropriate motion, on or before June
    8,
    1995.
    That filing and any future requests for continuation of
    stay and status reports should be directed to the assigned
    hearing officer, with a copy being filed with the Board.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certi~ythat the above order was adopted on the
    ~
    day of __________________________,
    1995,
    by a vote of
    7’
    ~
    .
    1,1
    /
    ~
    /)i
    Dorothy M.
    G~mnn, Clerk
    Illinois Po’l/lution 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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