ILLINOIS POLLUTION CONTROL BOARD
    February
    22, 1990
    IN THE MATTER OF:
    RACT DEFICIENCIES
    -
    )
    R89—l6
    AMENDMENTS TO 35
    ILL. ADM.
    )
    (Rulemaking)
    CODE PARTS
    211 AND 215
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    This matter comes before the Board upon a January
    10,
    1990
    motion to strike and motion for application of Section
    28
    rulemaking filed by Stepan Company.
    On January
    23,
    1990,
    the
    Illinois Environmental Protection Agency
    (Agency) requested an
    extension of time
    to February
    9,
    1990
    to respond
    to
    the motion.
    On January
    25,
    1990,
    the Board granted
    the Agency’s request.
    As
    part
    of its post—hearing comments filed on February 13,
    1990,
    the
    Agency responded
    to Stepari’s motion and filed
    a motion to dismiss
    Stepans’ motion.
    In its post hearing comments,
    Stepan indicated that the
    Agency would,
    in its comments, provide written confirmation
    of
    its “interpretation of the statutory provision
    Section
    10
    and
    of the inapplicability of
    the Generic Rule
    to Stepan by virtue
    thereof.”
    Stepan further stated that
    in light of
    that
    understanding the issue as
    to the status of the Agency proposal
    as
    a required rule under
    federal law as
    raised in its motion
    is
    moot.
    The Board notes
    that
    in
    its comments,
    the Agency has
    indicated
    its position
    that under Section
    10 of the Act,
    Stepan
    is not affected by the Generic
    rule or
    the amendments proposed
    to
    it
    in this proceeding.
    The Agency having articulated
    its position as Stepan
    indicated
    it would,
    the Board construes Stepans’ statement that
    “the issue...
    is moot”
    as
    a
    request
    to withdraw its motion
    to
    strike and motion
    for application of Section
    28 rulemaking.
    The
    Board hereby grants the withdrawal of
    the motion.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify
    that the above Order was adopted on the
    ~~‘~cJ
    day of
    ~
    ,
    1990,
    by
    a vote
    of
    7~
    I
    ~
    Dorothy M.
    Guiin,
    Clerk
    Illinois PoJjution Control Board
    I (~S—28
    C)

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