ILLINOIS
    POLLUTION
    CONTROL BOARD
    April 21,
    1994
    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
    April
    8,
    1994,
    filed
    a
    joint
    status
    report
    pursuant
    to
    the
    Board’s
    order
    of
    January
    6,
    1994,
    a
    motion
    for
    continuance
    of
    stay
    and
    a
    waiver
    of
    decision deadline until December 5,
    1994.
    In
    the
    status report,
    Riverside states that related to this consolidated variance
    petition it has a permit appeal pending before the Board, 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 status report further states that on
    December 16,
    1993 a Notice of the Proposed Rulemaking was
    published in the Federal Register and that the public comment
    period ended January 18, 1994.
    (58 Fed. Reg.
    65688
    (December 16,
    1993).)
    However, the status report states that the date on which
    the final rule will be issued is unknown.
    Riverside states that
    the
    Agency
    has agreed that the hearings in this matter should be
    stayed pending the settlement with
    the
    USEPA.
    Riverside Laboratories also filed a waiver of the decision
    deadline extending the deadline until December 5,
    1994, and a
    motion for continuance of the stay until December 5,
    1994 or at
    such other time as the Board deems necessary.
    The Board grants a stay in this matter until September 1,
    1994, which allows the Board sufficient time,
    if necessary,
    to
    process this case prior 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.
    2
    The parties are directed to file an updated status report
    on or before August 26,
    1994.
    IT IS SO
    ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~‘I~
    day of _______________________,
    1994, by a vote of
    Control Board

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