ILLINOIS POLLUTION CONTROL BOARD
    March 11,
    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):
    This matter is before the Board on the February 25,
    1993
    motion for reconsideration filed by the Cabot Corp.
    (Cabot).
    The
    motion seeks reconsideration of the January 21,
    1993 order
    disposing of Cabot’s December 15,
    1992 motion for stay or in the
    alternative to dismiss without prejudice.
    The Agency did not
    respond.
    For the reasons explained below,
    the Board denies
    reconsideration.
    The motion for reconsideration takes issue with two
    assertions in the January 21,
    1993 order,
    and the motion states
    that the order is unclear as to which tank systems
    it applies.
    First, the motion disputes the Board’s assertion that the time
    has now passed for filing a petition for adjusted standard as to
    the West Galigher Sump.
    Second,
    it states that the order implies
    that Cabot must file a separate petition for TK-0048 and TK-0051.
    The Board believes that Cabot misunderstood the order.
    Cabot’s December 15,
    1992 motion sought a stay or, in the
    alternative, voluntary dismissal of the petition.
    By
    highlighting the deadlines for filing a petition no less than 24
    months before the compliance deadline and a completed
    demonstration no later than 180 days after the filing of the
    petition (35 Ill. Adm.
    Code 725.293(h) (1)
    &
    (h) (3)),
    the Board
    intended to indicate that dismissal was not appropriate if each
    unit were viewed separately.
    Based on this, the following latest
    hypothetical deadlines would apply:
    Applicable Deadline
    Petition
    Completed
    Unit Viewed Separate
    Compliance
    Filing
    Demonstration
    North Galigher Sump
    1-1—94
    1—1—92
    6—28—92
    West Galigher
    Suinp
    1—1-95
    1—1—93
    6—29—93
    AB Unit Trench
    1—1-98
    1—1—96
    6—28—93
    Tank Farm Sump
    7—1—99
    7—1—97
    12—27—97
    D Unit Trench
    8—1—99
    8—1—97
    1—27—98
    TK—0048
    &
    TK—005l
    5—1—02
    5—1—00
    10—27—00
    This
    means that as of January 21,
    1993,
    if Cabot were to begin
    the process anew by filing a new petition, the petition filing
    deadline has passed as to both the North Galigher Sump and the
    West Galigher Sump.
    Because it is too late to file a petition,
    Ot~O-OI17

    2
    it is also too late to file a completed demonstration in such a
    new proceeding.
    Therefore, the Board’s statement,
    as follows,
    was accurate:
    The time for filing the petition
    (and, thus,
    the
    completed demonstration)
    is now past,
    at the very least
    as to the West Galigher
    Sujup 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”.
    January 21,
    1993 order at
    2.
    Early in the course of this proceeding, Cabot and the Agency
    disputed the number of tank systems involved.
    Cabot viewed each
    unit noted above as a separate “tank system”.
    The Agency viewed
    them conjunctively as a single “tank system”.
    The Board has not
    resolved this issue, and when we drafted the January 21,
    1993
    order
    (and,
    still, as of this date), we have only Cabot’s
    assertion that the parties have resolved it.
    This issue has
    important implications on the deadline for seeking relief.
    If
    all of Cabot’s units are a single “tank system”, the compliance
    deadline is January
    1,
    1994,
    and the deadline for filing a
    petition for an adjusted standard was January 1,
    1992.
    If each
    unit constitutes a separate “tank system”, the deadlines are as
    tabulated above.
    The Board is not in the habit of resolving contested issues
    based on the assertions of only one side as to the position of
    the other.
    To avoid appearina to resolve the issue, and ~
    remind Cabot that dismissal could trove fatal if the Board
    determined that all units constituted a single “tank system”, we
    added the following caveat to the January 21,
    1993 order:
    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 Sump,
    or D Unit Trench “tanks”.
    The “single tank system”—
    “multiple tank systems” issue was formerly contested
    and we have no recent direct representations from the
    Agency that it has been resolved.
    January 21,
    1993 order at
    2.
    The Board expressly avoided deciding a vital issue that the
    record still does not clearly indicate is no longer contested
    between the parties.
    The Board expressly avoided granting a
    prayer for relief that could have severely prejudiced Cabot’s
    OIL~O-Oi18

    3
    ability to seek relief if the resolution of that open issue
    turned against Cabot’s position.
    Finally,
    in its prayer in the motion of February 25,
    1993,
    Cabot states as follows:
    WHEREFORE, Cabot Corporation respectfully requests that
    the Board amend its January 21,
    1993 Order in this
    matter to make clear that the Stay applies to the
    adjusted standard petition and demonstration for all
    the tank systems at Cabot’s Tuscola,
    Illinois facility
    except the North Galigher Sump.
    February 25,
    1993 Motion for Reconsideration at
    5.
    We expressly refuse to do so.
    The stay applies to this
    proceeding before the Board,
    and not to the petition and
    demonstration as to any particular units.
    If Cabot wishes to not
    seek relief as to any particular units,
    it is free to do so, but
    the Board reserves any ruling on the issue as to what constitutes
    a “tank system”.
    However, we remind Cabot that until the Board
    grants an adjusted standard as to a particular “tank system”,
    whether a single unit or combination of units, compliance is
    required on the compliance deadline.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the a~oveorder was adopted by the
    Board pn the
    ~
    day of
    ~
    ,
    1993,
    by a vote
    of
    ~
    O11~QO~
    19
    Dorothy M.
    Illinois
    Control Board

    Back to top