ILLINOIS POLLUTION CONTROL BOARD

August

8, 1974

STEPAN

CHEMICAL

COMPANY

)

PETITIONER

)

v,

)

PCB

73—460

PCB

74—235

(CONSOLIDATED)

ENVIRONMENTAL PROTECTION AGENCY

RESPONDENT

ORDER

OF

THE

BOARD

(by

Mr.

Marder)

This

matter

coming

to

be

heard

on

the

Motion

to

Incorporate

Rec-

ord

and Motion to Limit Issues, filed by the Environmental Protection

Agency on July 29,

1974,

the Board being fully apprised in the prem-

ises,

finds as follows:

1)

The Environmental Protection Agency~sMotion to Incorp-

orate the Record of Koppers Co.

v, Environmental Protection

Agency, PCB 73-365,

is denied.

The Board feels that should

the Agency wish to submit portions of the Koppers record,

it may do so at hearing, subject to the right of Stepan

Chemical to full cross examination of such material.

2)

The

Environmental

Protection

Agency’s

Motion

to

Limit

Issues

is

denied.

There

is

no res judicata to Stepan

based on either the Koppers case

as Stepan was not a

party to that action.

Res judicata applies to

a party

to an action.

That party is barred from further litiga-

tion on all issues that have been litigated or could have

been litigated.

The Board also

finds that Stepan

is not

barred by res judicata based

oii the proceeding that devel-

oped the Air Regulations

(R 71-23).

Here, Stepan

is not

attacking the Rules but is litigating the question of

whether the Rule applies

to Stepan.

This is a question of

fact to be determined at hearing.

The Board further finds

that Stepan is not barred from litigating this question

based on its Petition for variance in this matter.

ORDER

IT

IS THE ORDER of the Pollution Control Board that Motion to In-

corporate the Record is hereby denied.

Motion to Limit the Issues is

hereby denied.

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board, certify that the above Order was adopted by the Board on the

8th day of August,

1974,

by a vote of

4

to

0.

13

—

293