ILLINOIS POLLUTION CONTROL BOARD
    S~ptemher 7,
    1995
    IN THE MATTER OF:
    )
    AS
    92—8
    CABOT CORPORATION PETITION
    )
    AS 96-3
    FOR AN ADJUSTED STANDARD FROM
    )
    (Not Consolidated)
    35 ILL. ADN. CODE 738.SUBPART B
    )
    (Adjusted Standard
    -
    LJIC)
    ORDER OF THE BOARD
    (by R.C.
    Flenial):
    This matter is before the Board on a Petition for
    Modification and Reissuance of Adjusted Standard, and Motion for
    Stay filed by Cabot Corporation (Cabot) on August
    17,
    1995.
    Cabot requests that the Board modify and reissue an adjusted
    standard from the underground injection control
    (UIC)
    disposal
    prohibitions in 35 Ill.
    Adni.
    Code 738.Subpart B for certain
    restricted hazardous wastes disposed at Cabot’s Tuscola,
    Illinois,
    facility.
    The referenced adjusted standard is AS 92—8,
    grant~r3by th~Board on February
    17,
    1994.
    In AS 92—8 the Board granted Cabot an adjusted standard from
    the requirements of
    35 Ill,
    Adni.
    Code 738.Subpart B for the UIC
    Wells Nos.
    1 and
    2.
    That adjusted standard constituted an
    exemption from the prohibitions of Subpart B such
    as to allow the
    underground injection disposal of wastes classified as acidic
    water
    (0002),
    by-product hydrochloric acid (D002), spent acetone
    (F003),
    and multi—source leachate
    (F039).
    That adjusted standard
    was subject to several conditions.
    In the instant filing Cabot requests
    (1) modification of the
    exemption granted in AS 92-8 to clarify what restricted waste
    Cabot may dispose in its UIC wells (specifically leachate and
    purge water);
    and
    (2) ~reissuance1’of the exemption granted in AS
    92-8 to allow Cabot to begin injection of restricted waste in a
    new UIC Well No.
    3.
    Cabot intends to replace UIC Well No. lwith
    No.
    3.
    The Board finds this petition for adjusted standard is
    sufficiently different from the adjusted standard granted in AS
    92-8 to require opening a new docket.
    For example UIC Well No.
    3
    was never considered
    in granting AS 92-8.
    In addition,
    the
    general procedures that govern an adjusted standard proceeding,
    found at Section 28.1 of the Act and at
    35
    Ill.
    Adni. Code Part
    106, require the petitioner to publish a notice of the adjusted
    standard proceeding in a newspaper of general circulation in the
    area likely to be attected.
    This notice gives the public an
    opportunity to request a public hearing
    if they so desire.
    Opening a new docket will avoid any unnecessary complications
    with the notice provisions
    in the Board’s
    procedural
    rules
    (ie:
    whether the notice
    in AS 92-8
    is sufficient to satisfy the
    requirements and intent of 35
    Ill.
    Adni. Code 106.711).
    2
    As
    a recult,
    the Board will not accept Cabot’c Petition for
    Modification and Reissuance of Adjusted Standard within docket AS
    92-8.
    Instead, the Board will docket this filing under a new
    number, AS 96—3.
    However the petition as filed is insufficient.
    Cabot has
    not provided the Board with the required narrative description of
    the proposed adjusted standard or proposed language tor the Board
    order which would impose the standard.
    (35 Ill.
    Admn. Code
    106.705(f).
    Cabot must submit this language and any other
    information necessary to meet the requirements of Section
    106.705
    of the Board’s procedural rules not contained in the new docket.
    The Board notes that under a new docket number, any information
    which Cabot intended to rely upon from AS 92—B must be filed in
    accordance with the Board’s incorporation procedures.
    (35 Ill.
    Adm. Code 106.708 and 101.106.)
    Finally,
    Cabot must submit the
    requisite $75 dollar filing fee.
    (35 Ill. Adm. Code 101.120.)
    All required information must be filed with the Board no
    later than October 23, 1995 or this docket will be closed.
    Cabot’s Motion for Stay requests that the Board stay final
    action on the Petition for Reissuance until action has been taken
    by the United States Environmental Protection Ac4ency.
    Given the
    Board’s action above, the Board reserves ruling on this motion
    until the petition is complete.
    IT IS SO ORDERED.
    I, Dorothy
    N.
    Gunn, Clerk of the Illinois Pollution Control
    Bg~d,hereby ce
    if
    hat the above order was adopted on the
    7’~-’
    day of
    _________________,
    1995,
    by a vote of
    1’O
    AL.
    Dorothy M.
    G
    n, Clerk
    Illinois P0
    tion Control Board

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