ILLINOIS POLLUTION CONTROL BOARD
June
29, 1995
RIVERSIDE
LABORATORIES,
Petitioner,
v.
)
PCB 95—157
)
(Variance
—
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by E. Dunham):
This matter comes before the Board on “Motion for Extension
of Time in Which to File Agency Recommendation”
filed on June 26,
1995,
by the Illinois Environmental Protection Agency
(Agency).
The Agency requests an extension until October
1,
1995 in which
to file the recommendation.
The petition in this matter was filed with the Board on May
26,
1995.
Pursuant to 35 Ill.
Adm. Code 104.180 the Agency
is to
file a recommendation within 30 days of the filing of the
petition.
Therefore,
the Agency was to have filed its
recommendation by June 26,
1995.
The petition seeks a variance from 35
Iii. Adm. Code 218.204
as it pertains to petitioner’s polyester coating lines which use
acetone.
The U.S. EPA has removed acetone from its list of
materials considered to be volatile organic compounds.
(60 Fed.
Reg.
31633,
June
16,
1995.)
The delisting of acetone results in
the issues
raised in the petition being moot once the definition
of volatile organic material contained in
35
Ill.
Adm. Code
211.7510 is amended to exclude acetone.
This definition is being
amended
in R95-l6 In the Matter of: Exemptions from the
Definition of VOM.
Petitioner has filed a waiver of the
statutory deadline until January 30,
1996.
The Board grants the Agency an extension until October
1,
1995 to file its recommendation.
The Board also stays this
matter until September
1,
1995 or until the final adoption of the
amendments in R95—l6, whichever occurs first.
The hearing
officer has previously ordered the parties to file status reports
in this matter by September
1,
1995.
All status reports,
requests for stay or requests for extension of time to file
recommendation shall
in the future be directed to the hearing
officer in this matter.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the,4bove order was adopted
on the
~9’-~-’
day of
(22-.--.-~L-
,
1995,
by a vote of
~1
/,
/
Dorothy
Illinois
Gunn, C~Lerk
llution Control Board