ILLINOIS POLLUTION CONTROL BOARD

September

4,

1980

STEPAN CHEMICAL COMPANY,

)

Petitioner,

v.

)

PCB 79—161

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD

(by

I. Goodman):

The Agency’s August

22,

1980 motion for reconsideration of

the Interim Order of July 24,

1980 is granted.

Such Order is

hereby voided.

The Board orders the parties to supplement the record in this

matter by submitting memoranda upon the following legal

issues

raised by this NPDES appeal:

1.

Which of Subparts

I,

J,

N,

P, and R of

40 C.F.R.

Part 417

applies to the point source/s covered by the NPDES permit under

appeal?

Do any of these apply to the intermingled process streams

as

a single point source?

2.

Under what legal authority did the Agency impose monitoring

requirements

(cite specific regulation or statute)?

3.

On what legal bases was the Agency~sdecision to require

monitoring of COD effluent from any relevant point source/s made?

4.

Did the Agency have any duty to consider (pursuant to any

of Subparts 417.92,

417.102,

417.142,

417.62, and 417.182 of 40 C.F.R.)

whether, notwithstanding the terms of Stepan’s original USEPA-issued

permit, the intermingling of process streams constituted a

“fundamentally different factor” for Stepan’s facility from those

specified in USEPA’s Development Document pertaining to BPT for that

subpart?

If so, must the Agency make a written finding before

drafting the permit or before issuing the permit

(or, where denying

a permit, must the written finding be made part of the §39 statement

of denial)?

The parties are ordered to submit these memoranda within 45

days of the date of this Order.

---

—2—

IT IS SO ORDERED.

Mr.

Satchell concurs.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify th t the above Interim Order was

~opted

on the

~

day of

~

1980

by a vote of

Christan L. Moffe~)

lerk

Illinois Pollution

ntrol Board