ILLINOIS POLLUTION CONTROL BOARD
    October 20,
    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 M. McFawn):
    This matter comes before the Board on Stepan’s August
    5,
    1988, petition for an adjusted standard.
    The Board’s order of
    September 1,
    1994, directed Stepan to file a status report on or
    before October
    17,
    1994.
    Stepan filed a status report in this
    matter on October 12,
    1994.
    This matter is inter-related with federal regulations in the
    Federal Implementation Plan (FIP).
    The United States
    Environmental Protection Agency
    (USEPA) extended the stay of
    these rules 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 Milidale 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).
    The Court upon consideration of the status report filed by
    USEPA ordered USEPA to file another status report on February 1,
    1994.
    On January 27,
    1994, the USEPA comment period was formally
    extended until February 15,
    1994.
    Stepan filed comments with the
    USEPA on February 15,
    1994.
    On March 24,
    1994, USEPA filed a
    status report with the Court indicating that it is reviewing
    those comments.
    On June
    1,
    1994,
    USEPA filed another status
    report with the Court and based on that status report the Court
    ordered USEPA to file another status report by August
    1,
    1994.
    On August
    1,
    1994, USEPA filed another status report with the
    Court and based on that status report the Court ordered USEPA to
    file another status report by October
    1,
    1994.
    On October
    3,
    1994, USEPA filed a status report with the Court.
    The Court,
    based on that status report, directed USEPA to file another
    status report by November 14,
    1994.
    Stepan continues to request that the Board allow this docket
    to remain open.
    Stepan is concerned that it could be caught
    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 proposes to provide the Board with another status report
    on or before November 22,
    1994.
    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
    December 1,
    1994.
    Stepan
    is directed to file a timely status on
    or before November 22,
    1994.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hep~bycertify that the above order was adopted on the~~7~
    day of
    ~
    ,
    1994, by a vote of
    ~6C~
    Dorothy M. ~
    Clerk
    Illinois Pollution Control Board

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