ILLINOIS POLLUTION CONTROL BOARD
    December
    1,
    1994
    IN THE MATTER OF:
    )
    )
    PETITION OF STEPAN COMPANY
    )
    FOR AN ADJUSTED STANDARD
    )
    AS 88-2
    FROM 35 ILL. ADM. CODE
    )
    (Adjusted Standard)
    215 SUBPART
    I
    )
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    This matter comes before the Board on Stepan’s August
    5,
    1988, petition for an adjusted standard.
    The Board’s order of
    October 20,
    1994, directed Stepan to file a status report on or
    before November 22,
    1994.
    Stepan filed a status report in this
    matter on November 21,
    1994.
    This matter is related to federal regulations in a Federal
    Implementation Plan (FIP).
    The United States Environmental
    Protection Agency
    (USEPA) extended the stay of those federal
    regulations in relation to Stepan on March
    3,
    1992.
    57 Fed.
    Reg.
    7549.
    Stepan reported in a previous status report that on
    December 1,
    1993, USEPA filed a status report in the United
    States Court of Appeals for the Seventh Circuit
    (Court)
    pertaining to Stepan’s appeal of the federal regulations.
    The
    pertinent part of USEPA status report stated:
    EPA has published a notice in the Federal Register
    staying the rules applicable to both Stepan and Duo-Fast,
    pending EPA’s reconsideration of those rules, but only if
    and as long as necessary to complete reconsideration.
    57
    Fed. Reg. 7549 (March 3,
    1992).
    Regarding EPA’s reconsideration of regulations
    concerning Stepan, on October
    1,
    1993 EPA published a Notice
    of Proposed Rulemaking proposing site-specific control
    requirements for Stepan’s Milldale facility.
    58 Fed.
    Reg.
    51279.
    On October
    8,
    1993,
    Stepan requested that the 30-day
    public comment period be extended 60 days.
    As a result of
    the request, EPA Region
    5 has prepared and forwarded to EPA
    headquarters a Federal Register notice which would grant
    Stepan a 45—day extension of time (to December 16,
    1993).
    On November 14,
    1994 USEPA filed a status report stating
    that it is still reviewing Stepan’s comments that were filed on
    February 15,
    1994. The Court upon consideration of the status
    report filed by USEPA, ordered USEPA to file another status
    report on January
    3,
    1995.
    Stepan continues to request that the Board allow this docket
    to remain open.
    Stepan is concerned that it could be caught
    2
    between conflicting state and federal regulations should this
    proceeding go forward or be dismissed before the federal
    rulemaking
    is finalized and the federal appeal is resolved.
    Stepan is also monitoring two pending rulemaking dockets,
    R94-21
    and R94—33, which may affect Stepan’s site-specific rulemaking
    petition.
    Stepan proposes to provide the Board with another
    status report on or before January 25,
    1995.
    Given that USEPA has stayed the effectiveness of the federal
    regulations as they apply to Stepan pending reconsideration, the
    Board will renew the stay of the proceedings in this matter until
    February 16,
    1995.
    Stepan is directed to file a timely status
    report on or before February 3,
    1995 or when USEPA finalizes the
    FIP, whichever comes first.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control1
    Board, he~ebycertify that the above order was adopted on the/~
    day of
    ________________,
    1994,
    by a vote of
    ______
    Dorothy N.
    Illinois
    Control Board

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