ILLINOIS POLLUTION CONTROL
BOARD
May 19, 1994
IN THE
MATTER
OF:
)
R90—1(D)
TOXIC AIR CONTAMINANT LIST,
)
(Rulemaking)
STYRENE (35 ILL. ADM. CODE
)
232 APPENDIX A)
)
ORDER OF THE BOARD (by CA. Manning):
On September 10, 1993, the First Notice of the proposed
rulemaking was published in the Illinois Register. (17 Iii. Reg.
14540 (September 10, 1993).) The Board adopted the First Notice
pursuant to Sections 9.5 and 27 of the Illinois Environmental
Protection Act (Act), on August 26, 1993. (415 ILCS 5/9.5 and
5/27 (1992).)
On September 23, 1993, the Styrene Information and Research
Center (SIRC) and on September 24, 1993, the Chemical Industry
Council of Illinois (CICI) filed requests for a hearing in this
matter pursuant to Section 5-40 of the Illinois Administrative
Procedure Act. (5 ILCS 100/5-40 (1992).) The Board granted the
requests in its October 21, 1993 order.
SIRC filed a motion on November 12, 1993 to stay proceedings
based on SIRC’s understanding that the Illinois Environmental
Protection Agency (Agency) intends to propose to the Board a
rulemaking which would eventually list styrene as a Toxic Air
Contaminant (TAC). On December 16, 1993, the Agency filed a
response which stated that it intends to file a proposal which
would allow the listing of styrene as a TAC. Based on this the
Board granted a stay until March 3, 1994.
On February 25, 1994, SIRC filed a status report and a
motion to extend the stay in this matter for at least ninety (90)
days. In support of the motion SIRC states that the Agency
intends to file a proposal for listing styrene as a TAC on the
basis that it is already listed as a Hazardous Air Pollutant
(HAP) pursuant to Section 112 of the Clean Air Act in May of
1994. The Board granted the extension of the stay until Hay 19,
1994 with reluctance due to the deadline to finish the
proceedings as established by the Administrative Procedure Act.
The Board also directed the parties to file any motions to
dismiss, withdraw, or other appropriate motions with the Board by
Nay 6, 1994.
On April 29, 1994 the Agency filed a status report with the
Board. It stated that the Agency intends to proceed with the
amendment to Section 232.200 in order to include styrene on the
TAC list and anticipates filing its proposal by mid—summer.
Furthermore the Agency states that it would concur with a request
by SIRC to continue the stay in this matter and assures the Board
2
that it will be able to dismiss this docket by September 10,
1994. However, the Agency also requested the Board to keep this
docket open until the proposal to amend Section 232.200 is
actually filed with the Board.
SIRC filed on May 6, 1994, a motion to continue the hearing.
In support of its motion it states that to allow the Agency to
propose listing styrene on the TAC list because it is a HAP is a
“more efficient approach since further proceedings on this docket
will involve substantial hearings and great expense to all
parties.” SIRC requests an additional stay for at least 180 days
and that it understands that this may require the Board to
republish First Notice of this rulemaking in the Illinois
Register.
The Board will not grant the requested 180 day stay in this
matter. Instead, the Board will grant a stay until July 21,
1994, so that the ending of the stay coincides with the
approximate time at which the Agency intends to file its
proposal. Any motions to dismiss, withdraw, or other appropriate
motions the parties want the Board to consider must be received
by the Board by July 8, 1994.
IT IS SO ORDERED
I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
p~ard,hereby certify that the above order was adopted on the
//~-
day of
_______________,
1994, by a vote of
________
(I/
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/
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Dorothy H. ~nn, Clerk
Illinois Poflution Control Board