ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    CABOT CORPORATION,
    )
    Petitioner,
    )
    V.
    )
    PCB 94—155
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on Cabot Corporation’s
    October 14, 1994 motion for modification. Cabot seeks
    modification of the Board’s September 15, 1994 opinion and order
    granting Cabot’s petition for variance. On November 30, 1994,
    the Illinois Environmental Protection Agency (Agency) filed its
    response to Cabot’s motion, along with a motion for leave to file
    that response
    instanter.
    The motion for leave to file
    instanter
    is granted.
    Cabot asks that the Board modify conditions two and three of
    our September 15, 1994 order granting Cabot’s request for
    variance from a condition of its existing variance.1 Condition
    two currently requires Cabot to replace the tubing for its
    underground injection control (UIC) well number two either within
    sixty days after Cabot’s new IUC well number three becomes
    operational, or by March 24, 1995, whichever is earlier.
    Condition three provides that the variance expires no later than
    March 25, 1995. The Board stated in our September 15 order that:
    although Cabot requests an ultimate compliance date of
    21 months from grant of variance, 21 months would
    extend far beyond the expiration of the existing
    variance. Cabot has not requested, nor has it provided
    information in support of, an extension of the
    underlying variance. (Slip op. at 4.)
    Therefore, the Board did not extend the expiration date of the
    variance.
    In the instant motion for modification, Cabot asks that
    conditions two and three be modified to require that the tubing
    in well number two need not be replaced until 60 days after well
    number three becomes fully operational, or by December 31, 1996,
    That existing variance was granted by the Board on
    March 25, 1993, in docket PCB 92—179.

    2
    whichever is earlier. Cabot contends that its petition for
    variance clearly contemplated that the expiration date of its
    existing variance be extended. Cabot asserts that by asking for
    an ultimate compliance date of 21 months after the grant of
    variance, it clearly intended to obtain relief past the
    expiration date of the original variance. Cabot further
    maintains that it included sufficient information in its petition
    regarding its progress to warrant an extension of the expiration
    date. Finally, Cabot contends that failing to extend the
    deadline would impose an arbitrary or unreasonable hardship.
    In its response, the Agency states that Cabot’s best
    opportunity to remove the tubing and run a casing inspection log
    without exceeding injection capacity or cutting normal
    production, during its 1994 annual fall shutdown, has come and
    gone. The Agency contends that it seems as though the nearer in
    time the operation of well number three approaches, the farther
    away is the time when Cabot will finally be required to remove
    and replace the tubing in well number two. In conclusion, the
    Agency paraphrases its original recommendation, that there must
    be some outer time limitation placed upon how long Cabot may
    continue to postpone removing the tubing. The Agency points out
    that the risk of corrosion and failure of the tubing, and
    resultant release of hazardous constituents to the environment,
    as minimal as it may now appear, will increase as time continues
    to pass.
    After considering the contentions presented in the motion
    and in the Agency’s response, the Board will grant the motion for
    modification in part. Initially, the Board reaffirms its
    conclusion reached in our September 15, 1994 order: that Cabot
    did not request an extension of the expiration date of the
    variance. Cabot’s May 18, 1994 petition for variance
    specifically states that Cabot seeks “a variance from Condition
    No. III of the Board’s March 25, 1993 order.” (Petition at 5.)
    No matter how much may be inferred or implied from Cabot’s
    request that the deadline for removal of the tubing be extended
    for 21 months, the Board believes that a variance petitioner has
    an obligation to specifically request, and support, all necessary
    relief.
    Nevertheless, because Cabot has now specifically requested
    and supported its request for extension of the compliance
    deadline, and in the interests of administrative economy, the
    Board grants the modification in part. Cabot has provided
    sufficient information on the progress of construction of well
    number three for the Board to find that Cabot has demonstrated
    satisfactory progress. Cabot states that it expects to have
    completed all activities for well number three within its control
    by February 15, 1995. However, Cabot states that it then faces
    regulatory obstacles to actual operation of well number three,
    including action required by the Agency, the United States

    3
    Environmental Protection Agency (USEPA), and the Board, and that
    the timing of those actions is out of Cabot’s control. (Motion
    at 7-9.) Cabot concludes that because the Board originally
    granted 21 months for the construction of well number three and
    removal of tubing in well number two, an additional 21 months, or
    until December 31, 1996, is reasonable.
    The Board recognizes that the timing of final action by the
    regulatory agencies is not within Cabot’s direct control.
    However, we disagree that it is reasonable to allow the full 21
    months originally granted for construction and all other
    necessary activities for well number three, when, according to
    Cabot’s own statements, the construction of well number three and
    the preparation of the necessary petitions should be completed by
    February 15, 1995. Therefore, we will extend the deadline for
    replacement of the tubing until March 24, 1996, or until 60 days
    after well number three is fully operational, whichever is
    earlier. That date is one full year longer than the period
    granted in our September 15 order, and should provide adequate
    time for compliance.
    The order set forth below supersedes and replaces the order
    issued by the Board on September 15, 1994.
    ORDER
    The Board hereby grants Cabot Corporation (Cabot) a variance
    for its Tuscola, Illinois facility from condition III of the
    Board’s March 25, 1993 order in PCB 92—179. The variance is
    subject to the following conditions:
    1. Cabot shall continue to comply with the requirements of
    conditions I and II of the March 25, 1993 order in PCB 92-179.
    2. Cabot shall replace the tubing for well number 2 either
    within sixty (60) days after well number 3 is operational, or by
    March 25, 1996, whichever is earlier.
    3. The terms of the variance granted on March 25, 1993, as
    amended by this order, shall expire no later than March 25, 1996.
    Within forty-five days of the date of this order, Cabot
    shall execute and forward to:
    Daniel P. Nerriman
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    P.O. Box 19276
    2200 Churchill Road
    Springfield, Illinois 62794—9276

    4
    a certificate of acceptance and agreement to be bound to all
    terms and conditions of the granted variance. The 45-day period
    shall be held in abeyance during any period that this matter is
    appealed. Failure to execute and forward the certificate within
    45—days renders this variance void. The form of certificate is
    as follows.
    I (We),
    hereby accept and agree to be bound by all terms and conditions
    of the order of the Pollution Control Board in PCB 94-155, dated
    December 1, 1994.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    Joseph C. Yi abstained.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for the appeal of final Board orders within
    35 days of the date of service of this order. The Rules of the
    Supreme Court of Illinois establish filing requirements. (See
    also 35 Ill.Adm.Code 101.246 “Motions for Reconsideration”.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certjfy that the above order was adopted on the
    /~“~ day of
    ~2~x-~z~’
    ,
    1994, by a vote of
    4
    //
    ~ff
    f2L.
    ~
    Dorothy M.~øunn, Clerk
    Illinois ~llution Control Board

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