ILLINOIS POLLUTION CONTROL

BOARD

January 21, 1993

IN THE

MATTER

OF:

)

)

THE PETITION OF CABOT CORP. FOR)

AS 91-10

AN ADJUSTED STANDARD FROM THE

)

(Adjusted Standard)

REQUIREMENTS OF 35 Ill. Adm.

)

Code 725.293

)

ORDER OF THE BOARD

(by J. Anderson):

The Cabot Corp.

(Cabot)

filed a motion for stay or in the

alternative to dismiss without prejudice on December 15,

1992.

The Board has received no response.

Cabot filed its initial petition for an adjusted standard on

December 27,

1991, seeking relief from

the

secondary containment

requirements of 35

Ii..

Adin.

Code 725.293.

Cabot filed its

completed demonstration on June 25,

1992.

Cabot states that it

has•been conducting ongoing discussions with

the

Agency, pursuant

to prior Board orders in this matter, with the purpose of

resolving as many issues as possible before it proceeds before

the Board.

Cabot states that some issues still require

resolution,

and Cabot and the Agency disagree on the appropriate

groundwater standards that should apply relative to the relief

requested.

Cabot requests a stay so that.it can complete its

“Part 620 work plan” and consider its results before proceeding.

Cabot hopes to address the Agency’s remaining concerns with these

results.

Cabot states that.it has numerous tank systems involved

in this proceeding, and each has a distinct Section 725.293

secoDdary containment compliance deadline:

North. GaligherSuinp

January 1,

1994

West Galigher Sump

January

1.,

1995

AB Unit Trench

January 1,

1998

Tank Farm Sump

July 1, .1999

D Unit Trench

August

1,

1999

TX—0048

& TK—0051

May 1,

2002

Cabot requests a stay with the requirement that the parties

submit status reports within one year.

The motion represents

that the Agency has concurred in this approach.

Cabot states

that it does not interpose this motion to delay compliance and it

intends to proceed with compliance with the standards for the

North Galigher Sump on or before January

1, 1994.

The Board notes that 35 Ill.

Adm. Code 725.293(h) (1)

requires a petitioner seeking relief to submit its petition at

least 24 months before compliance is due, and Section

725.293(h) (3)

requires its completed demonstration within 180

days after the filing of the petition.

The purpose

is to allow

ample time for compliance if the Board denies relief.

The time

for filing the petition

(and,

thus,

the completed demonstration)

38-O5t~.5

---

2

is now past,

at the very least as to the West Galigher Sump and

the North Galigher Sump.

These are dates derived from federal

regulations, and the Board cannot simply waive them.

Therefore,

dismissal without prejudice is not possible at least as to those

two “tanks”.

By this order, the Board does not rule on any

issues related to the petitioner’s assertions other than the

stay.

Specifically, we take no position on Cabot’s ability to

file another petition

for an adjusted standard for any of its AB

Unit Trench, Tank Farm

Swap, or D Unit Trench “tanks”.

The

“single tank system”—”nwiltiple tank systems” issue was formerly

contested and we have no recent direct representations from .the

Agency that it has been resolved.

For the foregoing reasons, the Board hereby grants the

requested stay of this proceeding through December 31,

1993 on

TK—0048

& TK-0051 subject to the following conditions:

A.

Cabot shall submit a status report to the Board no

later than June 30, 1993 that clearly delineates the

status of its “Part 620 working plan”, the general

nature of any results

then

already submitted to the

Agency, and the general nature of any responses

received from the Agency; and

B.

Cabot will timely comply with the

RCRA

secondary

containment standards of 35 111. Adm. Code 725.293,

except as otherwise provided by Board order or rule.

IT IS SO ORDERED.

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, do hereby~ertifythat th

bove order was adopted by the

Board1n the

1’~

day ~

,

1993, bya vote

~

Dorothy N. ~(/nn,Clerk

Illinois PoGA.ution Control Board

0