ILLINOIS POLLUTION CONTROL BOARD
    April
    20,
    1995
    RIVERSIDE LABORATORIES,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 90—165
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    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
    September 15,
    1994,
    a motion for continuance of stay and a waiver
    of this permit appeal decision deadline until October
    6,
    1995.
    In the status report, Riverside states that related
    consolidated variance petitions are also pending before this
    Board in PCB 90-164 and PCB 91-161.
    This permit appeal and the
    related consolidated variance petitions all pertain to 35 Ill.
    Adm. Code Part 218
    (Papercoating regulations)
    as applied to
    Riverside.
    Further, Riverside states that currently pending
    before the United States Environmental Protection Agency
    (U.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
    U.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 the comment period was extended until May 16,
    1994 at the request of Riverside.
    The status report states that
    the final rule has not been issued.
    Riverside and the Agency
    agreed that hearings in this matter should be held pending final
    U.S.EPA action.
    As of April
    14,
    1995, U.S.
    EPA has not issued a
    final rulemaking in this matter but anticipates that the final
    ‘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 U.S.EPA.
    2
    rule will be sent to the Administrator to be signed within the
    next few weeks.
    Both the Agency and Riverside believe that this
    matter should be stayed pending U.S. EPA’s finalization of the
    FIP.
    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 certify that the above order was adopted on the
    ~
    day of ________________________,
    1995,
    by a vote of
    7~•.
    .1
    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.
    I
    Clerk
    lution Control Board

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