ILLINOIS POLLUTION CONTROL BOARD
    August 5,
    1993
    IN THE MATTER OF:
    )
    PETITION OF STEPAN COMPANY
    )
    AS 88-2
    FOR AN ADJUSTED STANDARD
    )
    (Adjusted Standard)
    FROM 35
    ILL.
    ADM. CODE
    )
    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 May 20,
    1993,
    Stepan filed a status report in this
    matter on July
    26,
    1993.
    This report, which was due to be filed
    June
    14,
    1993, was not accompanied by a motion for leave to file
    instanter,
    and does not explain the six—week filing delay.
    This matter is inter-related with federal regulations in the
    Federal Implementation Plan
    (FIP).
    USEPA extended the stay of
    these rules in relation to Stepan on March
    3,
    1992.
    57
    ~
    ~g.
    7549.
    Stepan reports that on July
    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 USEPA status report states:
    Regarding EPA’s reconsideration of
    regulations concerning Stepan,
    EPA’s regional
    office has completed its review of a draft
    Notice of Proposed Rulemaking
    (“NPR”)
    containing site—specific control requirements
    for Stepan’s Millsdale facility.
    The office
    of Management and Budget has completed its
    reivew of the NPR and released it to EPA for
    the Administrator’s signature which is
    anticipated this month.
    The report states that counsel for USEPA has advised Stepan
    that
    it continues to expect the Administrator to sign the NPR
    very soon.
    Once the NPR is published in the Federal Register,
    there will be at least a 30 day public comment period on the
    Proposed Rule.
    Stepan also attaches an Order issued by the
    Seventh Circuit United States Court of Appeals requiring USEPA to
    file another status report on or before August
    6,
    1993.
    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
    2
    within 30 days of this order.
    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
    September 7,
    1993,
    at which time Stepan is directed to file
    a
    timely status report with the Board.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    B
    d, hereby ce
    ‘fy that the above order was adopted on the
    ~ day of
    ___________________,
    1993,
    by
    a vote of
    ______
    /~i~
    Dorothy M. Gunj~’Clerk
    /
    Illinois Poli~ionControl Board

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