ILLINOIS POLLUTION CONTROL BOARD
    May 5,
    1994
    IN THE
    MATTER
    OF:
    )
    )
    PETITION OF CABOT CORPORATION
    )
    AS 91-10
    FOR AN ADJUSTED STANDARD FROM
    )
    (Adjusted Standard)
    THE REQUIREMENT OF 35 ILL.
    ADM.
    )
    CODE SECTION 725.293
    )
    ORDER OF THE
    BOARD
    (by R.C.
    Fleinal):
    This matter comes before the Board upon two motions filed on
    April 18,
    1994 by Cabot Corporation (Cabot).
    The first is a
    motion to file status report instanter.
    The second is a motion
    for summary determination.
    On January
    6,
    1994, the Board ordered the parties to file
    status reports on or before January 31, 1994.
    Cabot states that
    its counsel did not receive a copy of the Board’s order until
    March 1,
    1994.
    No response to the motion to file instanter has
    been received by the Board.
    The Board grants the motion to file
    instanter and hereby accepts the status report.
    In its motion for summary determination Cabot asks the Board
    to determine whether the tanks and ancillary equipment at its
    Tuscola,
    Illinois, facility comprise one tank system or separate
    tank systems.
    No response to the motion for summary
    determination has been received by the Board.
    The Board grants
    the motion for summary determination as discussed below.
    On December 27,
    1991, Cabot submitted to the Board
    a
    petition for adjusted standard pursuant to 35 Ill. Adm. Code
    104.414
    and
    725.293(g).
    The petition requested an adjusted
    standard from the requirement that Cabot’s Tuscola facility
    install secondary containment for its hazardous waste tanks and
    ancillary equipment.
    Cabot has agreed to install secondary
    containment for tank systems by the dates
    it believes secondary
    containment is required by the regulations.
    This matter and the
    pending RCRA Part B Post-Closure Permit matter are related.
    (See,
    Cabot Corporation
    (Tuscola Facility)
    v.
    IEPA, PCB 91—197)
    One issue that is not dependent on resolution of issues in
    the
    RCRA
    permit proceeding is the issue of whether the tanks and
    ancillary equipment at the Tuscola Facility comprise one tank
    system
    or separate tank systems.
    Cabot has previously agreed to
    voluntarily dismiss this matter as long as the one tank
    system/separate tank system issue
    is resolved.
    In previous
    orders
    the
    Board
    did
    not
    decide
    whether
    the
    units
    consisted
    of
    one tank system or separate tank systems.
    Cabot
    presents
    that
    the
    Agency
    now
    agrees
    with
    Cabot
    that
    separate
    tank
    systems
    exist
    at
    the
    Tuscola
    site.
    An
    August
    1992

    2
    technical document attached to the Agency’s response to
    petitioner’s demonstration states that the “(Agency
    agreed that
    the designation of four
    (4)
    separate tank systems would be
    appropriate based upon the description provided of the design and
    function of the various tanks, pipes,
    trenches, and sunips.
    Subsequent reports submitted on May 7,
    1992 and June 12,
    1992,
    provided detailed documentation of each system.
    (Note: this
    resolved the issue discussed in the
    (Agency’s
    comments to the
    Board regarding tank system definition.”
    (Agency Comments on
    Demonstration at 2.)
    Cabot has asked the Agency to clarify this
    issue before the Board but Cabot has received no response.
    At
    35 Iii. Adm. Code 720.110 the term “tank system”
    is
    defined as:
    A
    hazardous waste storage or treatment tank and its
    associated ancillary equipment and containment system.
    Also at 35 Ill. Adm. Code 720.110, the term “tank”
    is
    defined as:
    A
    stationary device, designed to contain an
    accumulation of hazardous waste which is constructed
    primarily of nonearthen materials
    (e.g., wood,
    concrete,
    steel, plastic) which provide structural
    support.
    Again at 35 Ill. Adm Code 720.110 the term “ancillary
    equipment” is defined as:
    Any
    device including,
    but not limited to, such
    devices as piping, fittings,
    flanges, valves and pumps,
    that is used to distribute, meter,
    or control the flow
    of hazardous waste from its point of generation to
    storage or treatment tank(s), between hazardous waste
    storage and treatment tanks to a point of disposal
    onsite, or to a point of shipment for disposal off-
    site.
    Cabot further states that the five tanks at the Tuscola
    facility were installed at separate times and serve separate
    purposes.
    The piping and other ancillary equipment were
    installed at the same time the tanks were installed.
    The
    equipment is also constructed of different materials and has
    different uses that Cabot believes requires treating each tank
    and associated ancillary equipment as separate “tank systems”.
    The Board finds that no issues of material fact remain as to
    the issue of whether separate tank systems exist at Cabot’s
    Tuscola facility.
    Cabot has shown that separate tank systems
    exist at the Tuscola facility for which the compliance dates, and
    the dates by which a petition and complete demonstration must be

    3
    filed, are the dates set forth in the Board’s January
    6,
    1994
    order and are the same as follows:
    Applicable Deadline
    Petition
    Completed
    Unit (Viewed Separately)
    Compliance
    Filing
    Demonstration
    North Galigher
    Suinp
    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—96
    Tank Farm Sump
    7—1—99
    7—1—97
    12—27—97
    D Unit Trench
    8—1—99
    8—1—97
    1—27—98
    TK—0048
    &
    TK—0051
    5—1—02
    5—1—00
    10—27—00
    Cabot’s
    motion for summary judgment on the issue of whether
    there are separate tank systems at its Tuscola facility is hereby
    granted.
    The parties shall file status reports on or before June
    22,
    1994 including how they want to proceed in light of today’s
    action, also indicating whether this proceeding should now be
    dismissed.
    IT
    IS
    SO
    ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the
    Illinois
    Pollution
    Contro)~.
    Board,
    hereby
    certify that the above order was adopted on
    the
    ~)
    -
    day
    of
    _______________________,
    1994 by a vote of
    ~
    /
    /
    ,~
    )~.
    (j~~
    Dorothy
    M.
    G~nn, Clerk
    Illinois
    Po~11ution Control
    Board

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