ILLINOIS POLLUTION CONTROL
BOARD
January
6,
1994
IN
THE
MATTER
OF:
)
)
R90—1(D)
TOXIC
AIR CONTAMINANT
LIST,
)
(Rulemaking)
STYRENE
(35 ILL. ADN.
CODE
)
232
APPENDIX
A)
)
ORDER
OF
THE
BOARD
(by C.A. Manning):
On September 10, 1993,
the for this docket was
published
in
the Illinois Register.
(17 Iii. Reg. 14540 (September 10, 1993).)
The
proposed
amendment to 35 Ii.
•
Ads
Code
232.
Appendix A was filed
by the Board
pursuant to
Sections
9.5
and
27
of
the
Illinois
Environmental
Protection Act
(Act).
(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 order dated October
21,
1993.
On November 12, 1993, SIRC filed a motion to stay proceedings
based
on
SIRC’s
understanding
that the
Illinois £nviroii~tal
Protection
Agency
(Agency)
intends
to
propose to
the
Board
a
rulemaking
which
would
eventually
list
styrene
as
a
Toxic
Air
Contaminant
(TAC).
SIRC believes that the Agency is planning to
propose a rulemaking which would consider all substances currently
listed as Hazardous Air Pollutants
(HAP)
under Section 112 of the
Clean Air Act Amendments of 1990
(which includes styrene) to be a
TAC pursuant to Illinois law.
In its motion to stay,
SIRC states
that it would have no objection to the listing of styrene as a TAC
on this basis.
SIRC requests the Board to stay the proceedings in
this matter until the Board rules on the Agency’s proposal.
On December 2,
1993, the Agency filed a response to the motion
to stay which
stated, in summary, that the Agency did not consider
the above-referenced
proposal 0imminent
and that to grant the
motion to stay would result
only
in further and indeterminable
delay in resolving this matter.
On December 16, 1993, the Agency filed a motion to withdraw
its initial response.
The Agency states that since the filing of
the
December
2,
1993,
response
and
this
December
16,
1993
“alternative
response”
that
the negotiations
have been
ongoing
between it, £IRC
and
CICI.
As
a
result the Agency has detarained
that withdrawal
of
its
initial
response,
which objected to the
stay,
is appropriate
as
it anticipates proposing the negotiated
rulemaking
“shortly.”
The
Board
has
not
received
any
other
2
response concerning the motion to stay.
While the
Board
is unwilling to grant an indefinite motion to
stay,
especially where,
as
here,
the matter being
stayed
is
a
rulemaking where there are definite time constraints in completin
the matter,
the Board hereby grants a stay until March
3,
1994.
Any
motions
to
dismiss,
withdraw,
or
other
appropriate
motions
the
parties
want
the
Board
to
consider
must
be
received
by the
Board
by
February 25,
1994.
IT IS SO ORDERED
I,
Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certi
that
the
above
order
was adopted
on
the
~
day
of
__________________________
1994, by a vote of
7-0.
/?c~
~
Dorothy N.
c~qnn,Clerk
Illinois Pa1~utionControl Board
1
The Administrative Procedure Act states that a state
agency has a year to complete a rulemaking from the date the
proposed rulemaking is published in the Illinois Register.
(5
ILCS 100/5—40(e)
(1992).)