ILLINOIS POLLUTION CONTROL BOARD
    August 13, 1992
    IN THE MATTER OF:
    )
    )
    PETITION OF CABOT CORPORATION
    )
    R92-16
    TO UPDATE UIC REGULATIONS OR,
    )
    (Identical in Substance)
    IN THE ALTERNATIVE, FOR AN
    )
    (Rulemaking)
    ADJUSTED STANDARD FROM 35 ILL.
    )
    (Also see AS 92-8)
    ADM. CODE 738.SUBPART B
    )
    Proposed Rule. Dismissal Order.
    ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on a petition filed
    August 3, 1992, by Cabot Corporation (Cabot), requesting a site-
    specific “no migration exemption” from the underground injection
    control (UIC) land disposal prohibitions in 35 Ill. Adm. Code
    738.Subpart B. USEPA has granted an exemption from the federal
    UIC rules. Cabot asks that the Board either grant a State
    exemption by way of adopting a site-specific identical in
    substance rule pursuant to Section 13(c) of the Act, or,
    alternatively, by granting an adjusted standard pursuant to
    Section 28.1 of the Act. The Board docketed the petition as a
    regulatory petition.
    40 CFR 148 and 35 Ill. Adm. Code 738 prohibit the disposal
    of certain hazardous waste in IJIC wells. 40 CFR 148.20 et seq.
    establishes a procedure for obtaining an “exemption” from the
    prohibition on injection. The Board adopted identical in
    substance rules in R89—2. 35 Ill. Adin. Code 738.120 et seq.
    provide for the use of “adjusted standards” pursuant to Section
    28.1 of the Act for granting “exemptions” at the State level.
    This matter concerns two UIC wells owned by Cab-O-Sil
    Division, Cabot Corporation, located at Tuscola, in Douglas
    County. These are described as Wells No. 1 and 2.’
    USEPA proposed exemptions for these wells at 55 Fed. Reg.
    34739, August 24, 1990. USEPA published a notice of exemption
    for Well No. 2 at 55 Fed. Reg. 49340, November 27, 1990, and for
    Well No. 1 at 56 Fed. Reg. 5826, February 13, 1991.
    The Board initially docketed the petition as a regulatory
    petition. However, upon further consideration, neither the Board
    nor USEPA rule provides for regulatory action on a “no—migration”
    exemption”. USEPA has not taken regulatory action. Rather, it
    has published Federal Register notices of non—regulatory actions
    which appear to be similar to adjusted standards. The UIC
    actions are not rules, and will not appear in the CFR.
    O135-O~7I
    2
    Section 13(c) of the Act requires the Board to adopt rules
    which are “identical in substance” to federal regulations. In
    this case, there are no regulations.
    This Docket is therefore dismissed. The Board will open an
    adjusted standards docket on this same day to address the
    alternative prayer in the petitton, which will be docketed as
    AS92—8.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat. 1991, ch. 111 1/2, par. 1041, provides for appeal of final
    orders of the Board within 35 days. The Rules of the Supreme
    Court of Illinois establish filing requirements. (But see also
    35 Ill. Adm. Code 101.246, Notions for Reconsiderations, and
    Castenada v. Illinois Human Rights Commission (1989), 132 I1l.2d
    304, 547 N.E.2d 437.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby ce~ify that the above order was adopted on the
    /S~
    day of
    ___________________,
    1992, by a vote of 7—cr
    Dorothy N. nfl, Clerk
    Illinois Pollution Control Board
    U1i5-OL~72

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