ILLINOIS POLLUTION CONTROL BOARD

November

17,

1988

STEPAN COMPANY,

Petitioner,

v.

)

PCB 88—77

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.

Marlin):

On No\7emher

3,

1988,

the Illinois Environmental Protection

Abency

(Agency) filed

a Motion

to Dismiss.

Stepan Company

(Stepan)

filed

its Response on November

7,

1988.

In

its motion,

the Agency states thai

Public Act 85—1321,

which became effective August 31,

1988,

provides support

for

a

dismissal

of this matter.

The Agency states that Stepan has

requested variance from 35

Iii.

Adm.

Code

215.960 through

215.966.

Those Sections are included

in Subpart RR which

~as

adopted by the Board on April

7, 1988

in Docket R86—18.

The

Agency furLher states that Stepan filed

a Notice

of Intent

to

Petition for Adjusted RACT Emissions Limitations, pursuant

to

Subpart

I of Part

215, on June

3,

1988.

Stepan filed

its

Petition for

an Adjusted RACT Emissions Limitation

on August

5,

1988.

The Agency concludes that P.

A.

85—1321 excludes Stepan by

operation

of law from Subpart

RR.

According

to the Agency,

Stepan’s variance petition should be dismissed since Stepan

is no

longer subject

to the Sections from which

it seeks variance.

Stepan responds by requesting that the Board deny the

Agency’s motion or grant dismissal with specific conditions which

are set forth

in Stepan’s response.

The Agency’s motion

is granted

anr3 this matter

is dismissed.

IT

IS

SO ORDERED.

I,

Dorothy M.

Gunn, Clerk

of

the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was

adopted on the

/7~

day

of

________________,

1988,

by

a vote

of

7-~

..

Dorothy

r4.,//Gunn, Clerk

Illinois

P’ollution Control

Board

93—425