ILLINOIS POLLUTION CONTROL BOARD
    February 16,
    1995
    IN THEY
    MATTER
    OF:
    PETITION OF STEPAN COMPANY
    )
    FOR AN ADJUSTED STANDARD
    )
    AS 88-2
    FROM 35 ILL. ADM. CODE
    )
    (Adjusted Standard-Air)
    215 SUBPART I
    )
    ORDER OF THE BOARD
    (by J.
    Yi):
    This matter comes before the Board on Stepan’s August
    5,
    1988, petition for an adjusted standard.
    The Board’s order of
    December 1,
    1994, directed Stepan to file a status report on or
    before February 3,
    1995.
    Stepan filed a status report in this
    matter on February 3,
    1995.
    This matter
    is related to federal regulations in a Federal
    Implementation Plan
    (Fl?).
    The United States Environmental
    Protection Agency
    (USEPA) extended the stay of
    those federal
    regulations in relation to Stepan on March
    3,
    1992.
    (57 Fed.
    Reg.
    7549.)
    Stepan reported in a previous status report that on
    December 1,
    1993, USEPA filed a status report in the United
    States Court of Appeals for the Seventh Circuit
    (Court)
    pertaining to Stepan’s appeal of the federal regulations.
    The
    pertinent part of USEPA status report stated:
    EPA has published a notice in the Federal Register
    staying the rules applicable to both Stepan and Duo-Fast,
    pending EPA’s reconsideration of those rules,
    but only if
    and as long as necessary to complete reconsideration.
    (57
    Fed.
    Reg. 7549
    (March 3,
    1992).)
    Regarding EPA’s reconsideration of regulations
    concerning Stepan,
    on October
    1,
    1993 EPA published a Notice
    of Proposed Rulemaking proposing site-specific control
    requirements for Stepan’s Milldale facility.
    58 Fed.
    Reg.
    51279.
    On October
    8,
    1993,
    Stepan requested that the 30—day
    public comment period be extended 60 days.
    As a result of
    the request, EPA Region
    5 has prepared and forwarded to EPA
    headquarters a Federal Register notice which would grant
    Stepan
    a 45—day extension of time
    (to December 16,
    1993).
    On January
    5,
    1995 USEPA filed a status report stating that
    it is still reviewing Stepan’s comments that were filed on
    February 15,
    1994. The Court upon consideration of the status
    report filed by USEPA, ordered USEPA to file another status
    report on March
    1,
    1995.
    Stepan continues to request that the Board allow this docket
    to remain open.
    Stepan
    is concerned that it could be caught
    2
    between conflicting state and federal regulations should this
    proceeding go forward or be dismissed before the federal
    rulemaking
    is finalized and the federal appeal is resolved.
    Stepan is also monitoring two pending rulemaking dockets, R94-21
    and R94-33,
    which may affect Stepan’s site-specific rulemaking
    petition.
    Stepan proposes to provide the Board with another
    status report on or before April
    4,
    1995.
    Given that USEPA has stayed the effectiveness of the federal
    regulations as they apply to Stepan pending reconsideration, the
    Board will renew the stay of the proceedings
    in this matter until
    April 20,
    1995.
    Stepan is directed to file a timely status
    report on or before April
    7,
    1995 or when USEPA finalizes the
    FIP, whichever comes first with the Board.
    The hearing officer
    is directed to establish future extensions of the stay in this
    matter and status report schedule as necessary.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, here~y certify that the above order was adopted on the/~Y-
    day of
    _________________,
    1995,
    by a vote of
    /
    ~
    /
    £
    ,
    Dorothy N. ~6nn, Clerk
    Illinois PpZlution Control Board

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