ILLINOIS POLLUTION CONTROL
BOARD
October 29,
1992
IN THE MATTER OF:
)
PETITION OF CABOT CORPORATION
)
AS 91-10
FOR AN ADJUSTED STANDARD FROM
)
(Adjusted Standard)
THE REQUIREMENTS OF 35 ILL.
)
ADMIN. CODE SECTION 725.293
)
ORDER OF THE BOARD
(by J. Anderson):
On October 13,
1992,
Cabot Corporation (Cabot)
filed
a
motion for an extension of time to file its reply to the Illinois
Environmental Protection Agency’s (Agency) Response to
Petitioner’s Demonstration.
Cabot requests an extension until
December
15,
1992 from its present filing deadline of October 16,
1992.
This matter concerns Cabot’s December 27,
1991 petition for
an adjusted standard and its June 25,
1992 alternative design and
operating practices demonstration.
Cabot seeks an adjusted
standard from certain secondary containment requirements for
tanks containing hazardous waste.
See 35 Ill.
Adm. Code 725.293.
Cabot requests the extension of time so as to have
additional discussions with the Agency in an effort to resolve
outstanding issues.
An additional meeting has been scheduled
with the Agency for October 29,
1992.
Cabot simply asserts,
without more,
that the extension until December
15 “will not
prevent Cabot from meeting existing deadlines by which to install
secondary containment if that becomes necessary.t’
(Cabot motion,
October 13,
1992 at
2..)
As the Board has pointed out to Cabot in considerable detail
in two previous orders, adjusted standard relief from these
particular RCRA standards involves procedurally unique
requirements.
See Orders of March 26 and July 9,
1992.
These
requirements include the need to “time” the Board decision early
enough for Cabot to comply with a federally-derived deadline for
compliance with the secondary containment requirements should the
Board not grant the relief.
That RCRA deadline is January,
1994.
The Board grants the time extension until December 15,
1992.
However, we caution Cabot that it bears the burden of assuring
that its time estimates are sufficient to meet the deadline.
We
emphasize that those time estimates must include ample time for
the Board to independently review, deliberate and act upon
Cabot’s adjusted standard request.
IT
IS
SO
ORDERED.
37-0
109
2
I, Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify
that
the above order wa~adopted on the
~
day of
(i’-
—t~-u2
,
1992 by a vote of
7
C
7
Dorothy N. 9~n, Clerk
Illinois
P,Ø’l ution Control Board
Cr1370110