ILLINOIS POLLUTION CONTROL
    BOARD
    January
    6,
    1994
    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 R.C.
    Flemal):
    By our order of October
    7,
    1993 the Board required Cabot
    Corp. to submit a status report no later than January
    1,
    1994.
    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 January
    4,
    1994.
    In the status report, Cabot stated that it has repeatedly
    attempted to contact the Agency by telephone,
    and that “no less
    than 10 phone messages for the IEPA’s attorney
    .
    .
    .
    have gone
    unanswered”.
    Cabot stated that its counsel wrote to the Agency
    on December 16,
    1993, suggesting a resolution of this matter, and
    requesting a response by December 23.
    Cabot states that it
    received no response from the Agency.
    Cabot asserts that
    “wJithout
    input from the Agency
    .
    .
    .
    resolution of this matter
    is not possible”, and it uses the motion to request that the
    Agency contact it in this matter.
    Cabot reiterates that it “will
    commit to installing secondary containment for tank systems when
    the secondary containment requirements become applicable.
    Cabot
    stated that it has installed secondary containment devices on the
    North Galigher sump and the West Galigher sump.
    Cabot requested
    that the Board continue the stay in this matter.
    In our order of March 11,
    1993, the Board estimated the
    latest possible hypothetical dates for filing a petition and
    obtaining relief if each unit in the Cabot facility is viewed as
    a separate “tank system”:
    A~p1icab1eDeadline
    Petition
    Completed
    Unit
    (Viewed Separately)
    Compliance
    Filing
    Demonstration
    North Galigher Sunip
    1—1—94
    1—1—92
    6—28—92
    West Galigher Sump
    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
    T1K—0048
    & T(—0051
    5—1—02
    5—1—00
    10—27—00
    2
    However,
    if several of these “units” are together considered a
    single system, the earliest of the applicable set of dates would
    apply.
    We reiterate, the single tank system-multiple tank system
    issue raised early in this proceeding appears to be still
    live.
    (~
    Board orders of March 26,
    1992 and March 11,
    1993.)
    We
    stress again that timeliness may be essential.
    The Board hereby orders Cabot and the Agency to submit
    status reports on or before January 31,
    1994 that provide the
    following information with a measure of specificity that will ai~
    the Board in assessing whether the parties are making reasonable
    progress towards resolution of outstanding issues such that
    further delay
    is justified.
    The status reports shall include a
    discussion of the nature of any unresolved issues in light of the
    Agency’s actions.
    In
    addition, Cabot shall provide information
    on further action it intends in this proceeding in light of its
    draft Part B permit,
    including specific dates for those actions
    and the anticipated date of completion of this proceeding.
    The
    Board requires this information whether or not Cabot has further
    contact with the Agency.
    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 M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby 9e~ifythat the ~ye
    order was adopted by the
    Board on the
    __________
    day of
    1994, by a vote
    of
    -7—0
    Control Board

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