ILLINOIS POLLUTION CONTROL BOARD
    November 3,
    1994
    RIVERSIDE LABORATORIES,
    INC.,
    Petitioner,
    V.
    )
    PCB 90—164
    PCB 91—161
    ILLINOIS ENVIRONNENTAL
    )
    (Consolidated)
    PROTECTION AGENCY,
    )
    (Variance)
    Respondent.
    ORDER OF THE
    BOARD
    (by C.
    A. Manning):
    Riverside Laboratories Inc.
    (Riverside),
    on October
    28,
    1994,
    filed a joint status report pursuant to the Board’s order
    of September 15,
    1994,
    a motion for continuance of stay and a
    waiver of this underlying variance decision deadline until August
    7,
    1995.
    In the status report, Riverside states that a related permit
    appeal is pending before this Board in PCB 90-165.
    This
    consolidated variance matter and the related permit appeal all
    pertain to 35 Ill.
    Adm. Code Part 218 (papercoating regulations)
    as applied to Riverside.
    Further, Riverside states that
    currently pending before the United States Environmental
    Protection Agency
    (U.S.EPA)
    is its request for review of the
    Federal Implementation Plan
    (Fl?)
    for ozone which specifically
    challenges the papercoating limitations as applied to Riverside,
    and that U.S.EPA has granted Riverside a stay of enforcement of
    the papercoating limitations pending final review.’
    On December 16,
    1993 a Notice of the Proposed Rulemaking was
    published in the Federal Register and that the relevant public
    comment period ended January 18,
    1994.
    (58 Fed. Req.
    65688
    (December 16,
    1993).)
    A public hearing was held by U.S.EPA on
    April
    6,
    1994 and it reopened the public comment period until May
    16,
    1994
    at the request of Riverside.
    However, the status report
    states that the date on which the final rule will be issued is
    unknown.
    Riverside states that the Agency has agreed that the
    hearings in this matter should be stayed pending final U.S..EPA
    action.
    The parties anticipate U.S.EPA issuing a final rule by
    the end of this year.
    ‘The Board’s regulations at 35 Ill. Adm. Code 218.103(a) (2)
    stay the effectiveness of Part 218 as applied to each Fl?
    appellant to the extent that each appellant receives a stay of
    the Fl? from the U.S.EPA.
    2
    The Board grants a stay in this matter until April 20,
    1995,
    which allows the Board sufficient time,
    if necessary, to process
    this case prior to the new decision deadline.2 The parties are
    directed to file an updated status report when U.S.EPA adopts a
    final rule or on or before April
    14,
    1995 whichever comes first.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    board,
    hereby certify~thatthe above order was adopted on the
    J-~
    day of
    //
    ~
    ,
    1994,
    by a vote of
    //
    //
    ~
    ~
    ~‘~L
    Dorothy M./Gunn~Clerk
    Illinois pollution Control Board
    2Due to the regulatory notice requirements, the time
    required to conduct the hearing and deliberate the matter, the
    Board requires a 120 day period of time between the stay and the
    decision due date in the matter.

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