ILLINOIS POLLUTION
    CONTROL
    BOARD
    April 21,
    1994
    IN
    THE
    MATTER
    OF:
    )
    )
    PETITION OF
    STEPAN
    COMPANY
    )
    FOR AN
    ADJUSTED
    STANDARD
    )
    AS 88-2
    FROM 35
    ILL.
    ADN. 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
    art
    adjusted standard.
    Pursuant to the Board’s
    order of February 17,
    1994,
    Stepan filed a status report in this
    matter on April 14,
    1994.
    This matter is inter-related with federal regulations in the
    Federal Implementation Plan (Fl?).
    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 reported in a previous status report that on
    December
    1,
    1993, USEPA filed a status report in the Unjted
    States Court of Appeals for the Seventh Circuit (Court)
    pertaining to Stepan’s appeal of the federal regulations.
    The
    pertinent part of USEPA status report stated:
    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 Court upon consideration of the status report filed by
    USEPA ordered USEPA to file another status report on February 1,
    1994.
    On January 27,
    1994, the USEPA comment period was formally
    extended until February 15,
    1994.
    Stepan states it filed
    comments with the USEPA on February 15,
    1994.
    On March 24
    1994,
    USEPA filed a status report with the Court indicating that it is
    reviewing those comments.
    2
    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
    June
    15,
    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
    June 23,
    1994.
    Stepan is directed to file a timely status on or
    before
    June
    15,
    1994.
    IT IS SO
    ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer ify that the above order was adopted on the
    ~
    day of
    ______________,
    1994, by a vote of
    ______
    ~
    /~
    Dorothy M.
    ~nn,
    Clerk
    Illinois P~LutionControl Board

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