ILLINOIS POLLUTION CONTROL BOARD
March
3,
1994
IN THE MATTER OF:
)
)
PETITION OF REYNOLDS
)
AS 91-8
METAL
COMPANY
FOR
ADJUSTED
)
(Adjusted Standard)
STANDARD
FROM 35
ILL.
ADM.
)
CODE 218.980
)
ORDER OF THE
BOARD
(by C.A. Manning):
This matter
is before the Board pursuant to a status report
filed by Reynolds Metal Company
(Reynolds)
on February 24,
1994.
On September
4,
1991,
Reynolds filed a Petition for an Adjusted
Standard.
On January 23,
1992,
the Board accepted this matter for
hearing,
but at the request of Petitioner,
delayed assigning a
hearing officer
because,
as argued by
Petitioner,
the petition
could result in a revision to the State Implementation Plan (SIP).
Before a revision to the SIP can be accepted, the USEPA must first
revise
the
Federal
Implementation
Plan
(FIP).
Reynolds
has
petitioned the USEPA for the revision of the FIP and is awaiting
the decision.
On June 23,
1992, the USEPA published a notice in the Federal
Register staying the effectiveness of 40 CFR 52.741(x) and
(y) as
they
apply
to
Reynolds,
to
allow
the USEPA
to
reconsider the
applicability of these rules to Reynolds. The notice stated that
USEPA
is
proceeding
expeditiously
with
reconsideration.
On
September
22,
1993,
the USEPA published a Proposed Rule
in the
Federal Register which proposed revisions to the FIP consisting of
site specific control requirements for Reynolds’ aluminum rolling
operations.
Comments were accepted until October 22,
1993, and
according to the December 13, 1993 status report, Reynolds was the
only
commenter
on
the
proposed
rule,
requesting
a
minor
clarification in the language.
The February 24, 1994 status report
indicates that the USEPA has not yet published the final rule.
Based
on the USEPA’s stay
of the
effectiveness
of
40
CFR
52.741(x) and (y), on February 4,
1993 the Board originally stayed
the proceedings
in this matter
until May
4,
1993,
and
has on
several occasions, extended the stay.
We hereby extend the stay in
this case until Thursday, June 23,
1994.
Reynolds is directed to
file an updated status report either on or before Thursday, June
16,
1994,
or within
14 days after the USEPA publishes the final
rule.
The
status
report
should
indicate
whether the
rule
is
finally
promulgated
by
USEPA
(if
applicable,
the
date
of
the
published
final
rule),
whether
this
adjusted
standard
docket
continues to be necessary and whether additional status reports are
desirable.
Reynolds should also request an extension of the stay
if one is required.
2
IT IS SO ORDERED.
I,
Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Boar~, h~reby certify that the above
order was adopted on the
A-c”-
day
of
____________________,
1994,
by
a
vote
of
on Control Board