ILLINOIS POLLUTION CONTROL BOARD
    February 17,
    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.
    Pursuant to the Board’s order
    of December 16,
    1993, Stepan filed a status report in this matter
    on February 14,
    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
    reports that on December 1,
    1993, USEPA filed a status report in
    the
    United
    States
    Court
    of
    Appeals
    for
    the
    Seventh
    Circuit
    pertaining to Stepan’s appeal
    of the federal regulations.
    The
    pertinent part of USEPA status report states:
    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).
    The United States Court of Appeals for the Seventh Circuit
    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 states that it anticipates that
    USEPA will require an additional 60 days to publish a final rule.
    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
    2
    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 April
    13,
    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
    April 21,
    1994.
    Stepan is directed to file a timely status on or
    before April 16,
    1994.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby cert
    that the above order was adopted
    oji the
    /rt~7~
    day of
    _______________,
    1994, by a vote of
    ~
    Control Board

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