ILLINOIS POLLUTION CONTROL BOARD
    November 3, 1994
    RIVERSIDE LABORATORIES, INC.,
    )
    Petitioner,
    v.
    )
    PCB 90—165
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    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 permit appeal decision deadline until
    August 7, 1995.
    In the status report, Riverside states that related
    consolidated variance petitions are also pending before this
    Board in PCB 91-161 and PCB 90—164. This permit appeal and the
    related consolidated variance petitions,- all pertain to 35 Ill.
    Adni. 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 (FIP) 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
    papercoatingOn
    Decemberlimitations16, 1993pendinga Noticefinalof thereview.Proposed1 Rulemaking was
    published in the Federal Register and that the relevant public
    comment period ended January 18, 1994. (58 Fed. Reg. 65688
    (December 16, 1993).) A public hearing was held by U.S.EPA on
    April 6, 1994 and the comment period was extended until May 16,
    1994 at the request of Riverside. The status report states that
    the final rule has not been issued. Riverside and the Agency
    agreed that hearings in this matter should be held pending final
    U.S.EPA action. The status report states that the expected date
    for when the proposed rule will become final will be the end of
    ‘The Board regulations at 35 Ill. Adni. Code 218.103 (a) (2)
    stays the effectiveness of Part 218 as applied to each FIP
    appellant to the extent that each appellant receives a stay of
    the FIP from the U.S.EPA.
    2
    this year.
    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 conies first.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board,) hereby certify that the above order was adopted on the
    ~
    day of
    7/
    ~
    ,
    1994, by a vote of
    /,r_
    //
    Dorothy M,/A3unn, Clerk
    Illinois ~óllution 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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