ILLINOIS POLLUTION CONTROL BOARD

October

7,

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):

By its order of July 1,

1993 the Board required Cabot Corp.

to submit a status report no later than September 30,

1993.

Cabot was to provide the Board with specific information in that

report:

the further action it intends in this proceeding in

light of its draft Part B permit, the general nature of any

unresolved issues

in light of the Agency’s actions, and the dates

by which Cabot intends to pursue those further actions.

Cabot

submitted a status report on September 24,

1993.

In the status report, Cabot stated that it submitted a

report to the Agency on August

2,

1993 relating to groundwater

issues at its facility.

Cabot stated that this report set forth

the subsurface geology and hydrogeology of the facility, the Part

620 classification of the groundwater under the site, the results

of a site groundwater assessment performed in March and April,

1993, the results of 1992 field work conducted to support this

petition for an adjusted standard, and the RCRA interim status

groundwater monitoring program.

Cabot stated that it had as yet

received no comments from the Agency on the groundwater report,

but that the Agency intended to respond to the report in the

draft RCRA Part B permit, which the Agency intended to issue on

or about September 29,

1993.

Cabot stated that it “cannot say at

this time whether outstanding groundwater issues have been

resolved.”

Cabot stated that it will be in a position to decide

to proceed or withdraw its petition for an adjusted standard

after further discussions with the Agency.

Cabot requested that

the Board allow it until January 1,

1994 to submit another status

report

in this matter.

The Board notes that 35

Ill.

Adin.

Code 705.Subparts D, E and

F provide for public notice and comment on draft RCRA permits,

providing for possible public hearings

if the degree of public

interest so warrants.

Section 705.162(a) (2) provides for a 45—

day public comment period after notice of the draft permit.

Section 705.182(c)

requires a 30—day extension of the public

comment period following any public hearing.

Further, Sections

705.184(a) (3)

and 705.201(d)

can provide additional time before a

RCRA permit becomes final.

The minimum time that a RCRA permit

can become final from the date the Agency issues

a draft permit

is 80 days.

~

35

Ill. Adm. Code 705.162(a) (2)

& 705.201(d).)

---

2

For the foregoing reasons, the Board continues the stay of

this proceeding.

We hereby order Cabot to submit another status

report on or before January

1,

1994 that provides the following

information:

A.

The further action it intends in this proceeding in

light of its draft Part B permit,

B.

The general nature of any unresolved issues in light of

the Agency’s actions, and

C.

The dates by which Cabot intends to pursue those

further actions.

As noted in previous Board orders, and as stated by Cabot in

its September 24,

1993 status report as its intent, Cabot shall

timely comply with the RCRA secondary containment standards of 35

Ill. Adm. Code 725.293, except as otherwise provided by Board

order or regulation.

IT IS SO ORDERED.

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board, do hereby certif

t the above order was adopted on the

___________

day of

____________,

1993, by

a vote of

7O

~t.

//~

Dorothy M.Aunn,

Clerk

Illinois

lution Control Board