ILLINOIS POLLUTION CONTROL BOARD
    December 16,
    1993
    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 September 26, 1993, Stepan filed a status report in this matter
    on December 13,
    1993.
    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 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 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.
    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
    2
    February 10,
    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
    February 17, 1993.
    Stepan is directed to file a timely status on
    or before February 10,
    1994.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boar~hereby certify
    at the above order was adopted on the
    /~
    day of __________________________,
    1993, by a vote of
    7-ô.
    ~,
    /L~
    Dorothy N.
    ç4(nn, Clerk
    Illinois Po~.utionControl Board

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