ILLINOIS POLLUTION CONTROL BOARD
    September 1,
    1994
    IN THE MATTER OF:
    )
    )
    PETITION OF STEPAN
    COMPANY
    )
    FOR AN ADJUSTED STANDARD
    )
    AS 88-2
    FROM 35 ILL. ADN. CODE
    )
    (Adjusted Standard)
    215 SUBPART
    I
    )
    ORDER OF THE BOARD
    (by C. A. Manning):
    This matter comes before the Board on Stepan’s August 5,
    1988, petition for an adjusted standard.
    The Board’s order of
    June 23,
    1994,
    directed Stepan to file a status report on or
    before September
    1,
    1994.
    Stepan filed a status report in this
    matter on August 15, 1994.
    This matter is inter-related with federal regulations in the
    Federal Implementation Plan
    (FIP).
    The United States
    Environmental Protection Agency
    (USEPA)
    extended the stay of
    these rules
    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 Milidale 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).
    The Court upon consideration of the status report filed by
    USEPA ordered USEPA to file another status report on February 1,
    1994.
    On January 27,
    1994, the USEPA comment period was formally
    extended until February 15,
    1994.
    Stepan filed comments with the
    USEPA on February 15,
    1994.
    On March 24
    1994,
    USEPA filed a
    status report with the Court indicating that it is reviewing
    those comments.
    On June 1,
    1994, USEPA filed another status
    report with the Court and based on that status report the Court
    2
    ordered USEPA to file another status report by August
    1,
    1994.
    On August
    1,
    1994, USEPA filed another status report with the
    Court and based on that status report the Court ordered USEPA to
    file another status report by October 1,
    1994.
    Stepan continues to request that the Board allow this docket
    to remain open.
    Stepan is concerned that it could be caught
    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 proposes to provide the Board with another status report
    on or before October 17,
    1994.
    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
    October 20,
    1994.
    However due to the scheduling of the Board
    meetings in October, Stepan is directed to file a timely status
    on or before October 14,
    1994, three days earlier than requested.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    L±~
    day of
    ~
    ~~-~_--,
    1994, by a vote of
    ~
    ~
    ~
    Dorothy M. ~*in, Clerk
    Illinois Pollution Control Board

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