ILLINOIS POLLUTION CONTROL BOARD
    September 23,
    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 for it’s facility in
    Millsdale,
    Illinois.
    Pursuant to the Board’s order of August
    5,
    1993,
    Stepan filed a status report in this matter on September
    16,
    1993.
    This report, which was due to be filed September
    7,
    1993 was not accompanied by a motion for leave to file instanter,
    and does not explain the nine
    (9) day filing delay.
    This matter i~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 Fed.
    Peg.
    7549.
    Stepan reports that on August
    5,
    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 Nilisdale facility.
    As stated in EPA’s last
    Status Report, the Office of Management and Budget
    (0MB)
    has completed its review of the NPR and released
    it to EPA for the Administrator’s signature.
    During
    the past month,
    EPA has been making revisions
    to the
    NPR in order to address concerns raised by 0MB and to
    comply with certain Office of Federal Register
    procedures.
    The Administrator’s signature is
    anticipated by the beginning of September.
    The status 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 September
    30,
    1993.
    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
    within 30 days of this order.
    Given that USEPA has stayed the effectiveness of the federal
    regulations as they apply to Stepan pending reconsideration of
    those regulations,
    the Board will renew the stay of the
    proceedings in this matter until October 21,
    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
    Board, her~y~rtify that the above order was a~optedon the~.a~—
    day of
    ~
    ~
    ,
    1993, by a vote of
    //
    /
    //~
    (
    ~~/L-~-~-7
    ~
    .~/i~-
    Dorothy N. 4Inn,
    Clerk
    Illinois POllution Control Board

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