ILLINOIS POLLUTION CONTROL BOARD
    June 21, 2007
    IN THE MATTER OF:
    PETITION OF CABOT CORPORATION
    FOR AN ADJUSTED STANDARD FROM 35
    ILL. ADM. CODE PART 738, SUBPART B
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    AS 07-6
    (Adjusted Standard - Land)
    ORDER OF THE BOARD (by N.J. Melas):
    On May 29, 2007, Cabot Corporation (Cabot) filed a Petition for Reissuance of Adjusted
    Standard, a Motion for Incorporation of Documents, and a Motion for Relief From Filing
    Requirements, and a Motion to Stay Proceedings pending decision by the United States
    Environmental Protection Agency (USEPA) of Cabot’s request for similar relief. This order
    addresses only the motions for incorporation and request for relief from filing requirements.
    This petition is a replacement for the petition recently dismissed due to Cabot’s failure to
    timely file a certificate of publication. Petition of Cabot Corporation for an Adjusted Standard
    from 35 Ill. Adm. Code Part 738, Subpart B, AS 07-5 (May 17, 2007). Here, on June 6, 2007,
    Cabot timely filed the certificate of publication required by Section 28.1(d)(1) of the
    Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(1) (2006)) and Section 104.408(a) of
    the Board’s procedural rules (35 Ill. Adm. Code 104.408(a)).
    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);
    see also
    Petition of
    the Cabot Corporation for an Adjusted Standard from 35 Ill. Adm. Code 738, Subpart B, AS 92-
    8 (Sept. 7, 1995). 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.
    Cabot seeks a reissuance of the previous adjusted standard 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.
    Cabot’s petition relies “solely” (Pet. at 4) on Cabot's March 8, 2006 application made to
    USEPA for an extension until December 21, 2027 of the "no-migration exemption" USEPA
    issued. USEPA has yet to rule on this application.
    Cabot asserts that the information contained in the USEPA application satisfies all
    requirements of the Board’s rules, cross-referencing information in the USEPA application with
    requirements of Board rules. Cabot seeks to incorporate the March 2006 application and related
    Quality Assurance Quality Control plan submitted as Exhibits C and D, respectively, to the April
    12, 2007 petition Cabot submitted in
    Petition of Cabot Corporation for an Adjusted Standard
    2
    from 35 Ill. Adm. Code Part 738, Subpart B, AS 07-5. The Board grants Cabot’s motion to
    incorporate.
    Cabot also requests relief from the requirement to file an original and 9 copies of the
    USEPA application and plan. The Board also grants this motion. Cabot additionally requests
    relief from the requirement at 35 Ill. Adm. Code 104.402 to serve the Illinois Environmental
    Protection Agency (Agency) with a copy of this petition. The Board denies this motion. While
    Section 28.1 of the Act does not by its terms require Agency participation in adjusted standards
    proceedings, the Board’s procedural rules clearly provide for the filing of an Agency
    recommendation concerning the petition. 415 ILCS 5/28.1 (2006); 35 Ill. Adm. Code 104.402,
    104.416. Cabot is directed to serve a copy of the petition and all exhibits on the Agency within
    21 days of the date of this order,
    i.e.
    on or before July 12, 2007, or this petition may be subject to
    dismissal.
    Finally, Cabot seeks a stay of this proceeding. The Board reserves ruling on this motion,
    and on petition sufficiency, pending completion of service on the Agency and the Agency’s
    filing of any response to the motion for stay. Any Agency response to the motion for stay is due
    on or before August 2, 2007.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on June 21, 2007, by a vote of 4-0.
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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