ILLINOIS POLLUTION CONTROL BOARD
January
6,
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
January
4,
1994,
filed
a
joint
status
report
pursuant
to
the
Board’s
order
of
November
4,
1993,
a
motion
for
continuance
of
stay,
a
waiver
of
decision
deadline,
and
an
appearance
of
Cynthia
A.
Faur
on
behalf
of
the
petitioner.
In
the
status
report,
Riverside
states
that
related
to
this
permit
appeal
it
has
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.
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.
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 ends 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.
Riverside Laboratories also filed
a waiver of the decision
deadline extending the deadline until August
2, 1994,
and
a motion
for continuance of the stay until August
2,
1994 or at such other
time as the Board deems necessary.
The Board grants a stay in this matter until April 21,
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
also filed.
The parties are directed to file an updated status report on
2
or before April
8,
1994.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
hereby cert4
that
the above order was adopted on the
‘~dayof __________________________,
1994, by a vote of
Dorothy N.
G~n7n,
Clerk
Illinois Po),ütion
Control Board