ILLINOIS POLLUTION CONTROL BOARD
November 4, 1993
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 October 27,
1993,
filed a status report pursuant to the Board’s modified
order of May 20,
1993, a motion for continuance of stay, and a
waiver of decision deadline.
In the status report, Riverside
states that it has two consolidated variance petitions pending
before the Board, PCB 91-161 and PCB 90-164 as well as a permit
appeal, PCB 90-165, all pertaining to the Part 218 papercoating
regulations as applied to Riverside.
Riverside states
that
it
also has pending before the United States Environmental
Protection Agency
(USEPA) a reconsideration of the Federal
Implementation Plan
(FIP) papercoating regulations as applied to
Riverside.
Riverside also states that USEPA has granted
Riverside a stay of enforcement of the papercoating limitations,
pending final review.
The Board regulations at 35 Ill. Mm. Code
218.103(a) (2)
stays 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.
The report further states that a
draft of the Notice of the Proposed Rulemaking has been approved
by the Region V administrator, but needs to be approved by USEPA
offices in Washington,
D.C.
Riverside states that the Agency has
agreed that the hearings in this matter Should be held pending
the settlement with the USEPA.
Riverside Laboratories has filed a waiver of the decision
deadline extending the deadline until May 2,
1994, and a motion
for continuance of the stay until May 2,
1994 or at such other
time as the Board deems necessary.
The Board accepts the waiver of the decision deadline
until
May 2, 1994 and grants a stay in this matter until January 20,
1994, which allows the Board sufficient time,
if necessary to
process this case prjor to the new decision deadline.
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
2
on or before ‘January
4,
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
________________________,
1993, by a vote of
____.
Control Board