ILLINOIS POLLUTION CONTROL BOARD

February

1,

1996

IN THE MATTER OF:

CABOT CORPORATION PETITION

)

AS 96-3

FOR AN ADJUSTED STANDARD FROM

)

(Adjusted Standard-UIC)

35 ILL. ADN. CODE PART 738,

SUBPART B

ORDER OF THE BOARD

(by R.C.

Flemal):

This matter comes before the Board upon a Notion for Leave

to Supplement the Record and to Request a Decision filed by Cabot

Corporation

(Cabot)

on January 23,

1996.

First, Cabot requests to supplement the record in this

proceeding with the United States Environmental Protection

Agency’s Notice of Reissuance of Exemption from Land Disposal

Restrictions to Cabot.

The Board hereby grants Cabot’s motion to

supplement the record with this USEPA Notice.

Second,

Cabot asks the Board to take final action on the

adjusted standard at this,

the Board’s February

1,

1996 meeting.

The Board denies Cabot’s request

for a final decision at today’s

Board meeting.

The Board will not issue a final decision at this

meeting primarily because the Board has not received the Illinois

Environmental Protection Agency’s

(Agency)

response.

Pursuant to

35 Ill. Adm. Code

106.714(a)

the “Agency shall

file

a response

not later than 30 days after the filing of

a petition,

if the

Agency

is not a co-petitioner to the petition”.

Such response

will recoimnend either

a grant or denial of the proposed adjusted

standard.

In the alternative,

if the Agency intends to join in a

co-petitioner status,

neither Cabot nor the Agency has

sufficiently demonstrated that status request.

(See 35 Ill. Adm.

Code 106.703 and 106.704.)

Accordingly,

the Board directs the

Agency to immediately file the required response to the request

for adjusted standard.

IT

IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

/44’day

of _____________________,

1996 by a vote

of

7—0.

~

A.

Dorothy M. GuAn,

Clerk

Illinois Pol~tioiiControl Board