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