ILLINOIS POLLUTION CONTROL BOARD
    September
    1,
    1994
    RIVERSIDE LABORATORIES,
    INC.,
    Petitioner,
    v.
    )
    PCB 90—164
    PCB 91—161
    ILLINOIS ENVIRONMENTAL
    )
    (Consolidated)
    PROTECTION AGENCY,
    )
    (Variance)
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A.
    Manning):
    Riverside Laboratories Inc.
    (Riverside), on August 26,
    1994,
    filed a joint status report pursuant to the Board’s order of
    April 21,
    1994,
    a motion for continuance of stay and a waiver of
    this underlying variance decision deadline until April 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 it has
    pending before the United States Environmental Protection Agency
    (USEPA)
    a request for review of the Federal Implementation Plan
    (FIP)
    for ozone that specifically challenges the papercoating
    limitations as applied to Riverside and that USEPA has granted
    Riverside a stay of enforcement of the papercoating limitations,
    pending final review.1
    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.
    Reg.
    65688
    (December 16,
    1993).)
    A public hearing was held by USEPA 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 USEPA
    action.
    The Board grants a stay in this matter until November 3,
    ‘The Board’s regulations at 35
    Ill. Adm. Code 218.103(a) (2)
    stay 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 USEPA.
    2
    1994, which allows the Board sufficient time,
    if necessary,
    to
    process this case prior to the new decision deadline.2
    Riverside
    Laboratories may petition
    the
    Board for an extension of the stay
    providing that an appropriate waiver of the decision deadline is
    also filed.
    The parties are directed to file an updated status report
    on or before October 28,
    1994.
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control,.
    Board, hereby certify that the above order was adopted on the
    /~-
    day of
    ~797~~-1
    ,
    1994, by a vote of
    ~
    Dorothy M.~unn, 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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