ILLINOIS POLLUTION CONTROL

BOARD

January

6,

1994

IN

THE

MATTER

OF:

)

)

R90—1(D)

TOXIC

AIR CONTAMINANT

LIST,

)

(Rulemaking)

STYRENE

(35 ILL. ADN.

CODE

)

232

APPENDIX

A)

)

ORDER

OF

THE

BOARD

(by C.A. Manning):

On September 10, 1993,

the for this docket was

published

in

the Illinois Register.

(17 Iii. Reg. 14540 (September 10, 1993).)

The

proposed

amendment to 35 Ii.

•

Ads

Code

232.

Appendix A was filed

by the Board

pursuant to

Sections

9.5

and

27

of

the

Illinois

Environmental

Protection Act

(Act).

(415

ILCS

5/9.5

and 5/27

(1992).)

On September

23,

1993,

the Styrene Information and Research

Center

(SIRC)

and on

September

24,

1993,

the Chemical Industry

Council of Illinois

(CICI)

filed requests for

a hearing in this

matter pursuant to Section

5-40

of

the

Illinois Administrative

Procedure Act.

(5 ILCS 100/5-40

(1992).)

The Board granted the

requests in its order dated October

21,

1993.

On November 12, 1993, SIRC filed a motion to stay proceedings

based

on

SIRC’s

understanding

that the

Illinois £nviroii~tal

Protection

Agency

(Agency)

intends

to

propose to

the

Board

a

rulemaking

which

would

eventually

list

styrene

as

a

Toxic

Air

Contaminant

(TAC).

SIRC believes that the Agency is planning to

propose a rulemaking which would consider all substances currently

listed as Hazardous Air Pollutants

(HAP)

under Section 112 of the

Clean Air Act Amendments of 1990

(which includes styrene) to be a

TAC pursuant to Illinois law.

In its motion to stay,

SIRC states

that it would have no objection to the listing of styrene as a TAC

on this basis.

SIRC requests the Board to stay the proceedings in

this matter until the Board rules on the Agency’s proposal.

On December 2,

1993, the Agency filed a response to the motion

to stay which

stated, in summary, that the Agency did not consider

the above-referenced

proposal 0imminent

and that to grant the

motion to stay would result

only

in further and indeterminable

delay in resolving this matter.

On December 16, 1993, the Agency filed a motion to withdraw

its initial response.

The Agency states that since the filing of

the

December

2,

1993,

response

and

this

December

16,

1993

“alternative

response”

that

the negotiations

have been

ongoing

between it, £IRC

and

CICI.

As

a

result the Agency has detarained

that withdrawal

of

its

initial

response,

which objected to the

stay,

is appropriate

as

it anticipates proposing the negotiated

rulemaking

“shortly.”

The

Board

has

not

received

any

other

---

2

response concerning the motion to stay.

While the

Board

is unwilling to grant an indefinite motion to

stay,

especially where,

as

here,

the matter being

stayed

is

a

rulemaking where there are definite time constraints in completin

the matter,

the Board hereby grants a stay until March

3,

1994.

Any

motions

to

dismiss,

withdraw,

or

other

appropriate

motions

the

parties

want

the

Board

to

consider

must

be

received

by the

Board

by

February 25,

1994.

IT IS SO ORDERED

I,

Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby

certi

that

the

above

order

was adopted

on

the

~

day

of

__________________________

1994, by a vote of

7-0.

/?c~

~

Dorothy N.

c~qnn,Clerk

Illinois Pa1~utionControl Board

1

The Administrative Procedure Act states that a state

agency has a year to complete a rulemaking from the date the

proposed rulemaking is published in the Illinois Register.

(5

ILCS 100/5—40(e)

(1992).)