ILLINOIS POLLUTION CONTROL BOARD

May 17, 2007

IN THE MATTER OF:

PETITION OF CABOT CORPORATION

FOR AN ADJUSTED STANDARD FROM 35

ILL. ADM. CODE PART 738, SUBPART B

)

)

)

)

)

AS 07-05

(Adjusted Standard - Land)

ORDER OF THE BOARD (by N.J. Melas):

Cabot Corporation (Cabot) seeks a reissuance of a previous adjusted standard applicable

to Cabot’s inorganic chemical manufacturing facility, where Cabot manufactures fumed silica

dioxide (SiO

2

), in Tuscola, Douglas County (Tuscola facility). Petition of the Cabot Corporation

for an Adjusted Standard from 35 Ill. Adm. Code 738, Subpart B, AS 96-3 (Mar. 7, 1996).

Cabot’s previous adjusted standard allowed Cabot to dispose of leachate, purge water, and other

restricted wastes into three wells (Wells #1, #2, and #3) at the Tuscola facility.

Id

.

Cabot seeks a reissuance of the adjusted standard under Petition of Cabot Corp., AS 96-3

(Mar. 7, 1996) so that it may continue to inject hazardous waste into Wells #2 and #3 at the

Tuscola facility through December 31, 2027. Cabot has waived hearing on the petition.

Section 28.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (2004))

and Section 104.408(a) of the Board’s procedural rules (35 Ill. Adm. Code 104.408(a)) require

the petitioner to publish notice of the petition for an adjusted standard by advertisement in a

newspaper of general circulation in the area likely to be affected by the proposed adjusted

standard. Under those provisions, publication must take place within 14 days after the petition is

filed, or the Board is without jurisdiction to hear the petition.

See, e.g.,

Petition of SCA Tissue

North America, L.L.C. for an Adjusted Standard from 35 Ill. Adm. Code 218.301 and

218.302(c), AS 05-1 (Jan. 6, 2005). Within 30 days after filing the petition, petitioner must file a

certificate of publication with the Board.

See

35 Ill. Adm. Code 104.410.

On April 27, 2007, Cabot filed an “unopposed motion to file certificate of publication,”

accompanied by a certificate of publication in the

Tuscola Review

. In the motion, Cabot states

that it filed this petition with the Board on April 12, 2007. Cabot then purchased space to

publish notice of filing in the

Tuscola Review

on April 20, 2007. Cabot states that “[b]y its own

mistake,” the

Tuscola Review

failed to publish notice on April 20, 2007, and instead published

the notice on April 27, 2007, the 15th day after Cabot filed the petition. Cabot moves for leave

to file the certificate of publication and relief from the requirement that notice be published

within 14 days of the petition’s filing. Cabot states the Illinois Environmental Protection Agency

does not oppose this motion.

As noted above, the requirement that publication take place within 14 days from the

filing date of the petition is a jurisdictional requirement. The Board finds that Cabot has failed to

meet the notice requirements of the Act and the Board’s procedural rules and the Board is

without jurisdiction to review the petition. Cabot’s motion is denied. Cabot may choose to refile

---