1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      2. MOTION TO AMEND THE PETITION
      3. SERVICE LIST
      4. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
Petition
of CABOT CORPORATION
for an Adjusted Standard from
35 Ill.
Adm. Code Part 738, Subpart B
)
)
)
)
)
AS 07-6
(Adjusted Standard)
MOTION TO AMEND THE PETITION
CABOT CORPORATION ("Cabot"), through its attorneys, Seyfarth Shaw LLP, and
pursuant to
35 Ill. Adm. Code ยงยง 101.500 and 104.408, moves to amend its May 29,2007
Petition for Reissuance of Adjusted Standard ("May 29,2007 Petition"). In support of this
Motion, Cabot states:
1.
Cabot filed the May 29,2007 Petition seeking reissuance of its Adjusted Standard
from the Illinois State Underground Injection Control ("UIC") regulations for UIC wells
numbers 2 and 3 located at its Tuscola, Illinois facility ("Facility").
2.
Also on May 29,2007, Cabot filed a Motion to Stay. The Motion to Stay
requested that the Board stay further action on the May 29, 2007 Petition until the U. S. EPA
takes final action on a similar petition. The Motion to Stay explained that staying the proceeding
until the U.S. EPA takes action, "will assist the Board in making the appropriate determination
and ensure that the Board does not apply more stringent law to Cabot than is warranted under the
circumstance." May 29, 2007 Motion to Stay, at par. 9. The Board entered an Order staying the
proceedings on August 9,2007.
3.
On July 22,2008, the Board'sHearing Officer issued an Order further staying the
proceedings until February 9, 2009. The July 22,2008 Order also extended the deadline for the
Agency to file its recommendation in this matter until March 26, 2009.
Printed on Recycled Paper
CHI 11573315.1
Electronic Filing - Received, Clerk's Office, October 9, 2008
4.
On October 1,2008, Cabot sent the U.S. EPA a response to a Notice of
Deficiency ("NOD") with respect to its petition for exemption from the land disposal restrictions.
See
attached CD-Rom. The response updates the original petition. The purpose of this Motion is
to allow Cabot to file the response to the NOD with the Board in order for the Board to be able to
make its determination in this matter based on the same information as the U.S. EPA. No
substantive change in the relief requested by the May 29, 2007 Petition is sought.
5.
Cabot does not ask the Board to take any further action at this time. The matter
should remain stayed until February
9, 2009. When the U.S. EPA takes action on the Petition,
Cabot will notify the Board.
WHEREFORE, Cabot Corporation requests that the Board grant this Motion to amend
the Petition in this matter.
October
9, 2008
Respectfully submitted,
Cabot Corporation
By:
IsiEric
E. Boyd
One
of His Attorneys
Eric
E. Boyd (6194309)
Seyfarth Shaw LLP
131 South Dearborn Street
Suite 2400
Chicago, Illinois 60603
(312) 460-5903 (phone)
(312) 460-7903 (fax)
2
Printed on Recycled Paper
CHI 11573315.1
Electronic Filing - Received, Clerk's Office, October 9, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
Petition
of CABOT CORPORATION
for and adjustment Standard from 35.
Ill.
Adm. Part 738, Subpart B
)
)
)
)
)
)
AS 07-6
Adjusted Standard
NOTICE OF FILING
TO:
See attached Service List
PLEASE TAKE NOTICE that on October 9, 2008, I filed with the office
of the Clerk of
the Illinois Pollution Control Board Cabot Corporation's Motionto Amend the Petition (and
attached CD-ROM), a copy
of which is hereby served on you.
CABOT CORPORATION,
By: /siEric
E. Boyd
One of His Attorneys
Eric E. Boyd (6194309)
Seyfarth Shaw LLP
131 South Dearborn Street
Suite 2400
Chicago, Illinois 60603
(312) 460-5903 (phone)
(312) 460-7903 (fax)
Printed on Recycled Paper
CHI 11573315.1
Electronic Filing - Received, Clerk's Office, October 9, 2008
SERVICE LIST
Illinois Environmental Protection Agency
Division
of Legal Counsel
Attn: Kyle Nash Davis, Esq.
1021 North Grant Avenue East
P.O. Box 19276
Springfield,
IL
62794-9276
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 102974
Springfield, Illinois 62794-9274
CHI 11573315.1
Printed on Recycled Paper
Electronic Filing - Received, Clerk's Office, October 9, 2008
CERTIFICATE OF SERVICE
I, Eric E. Boyd, an attorney, hereby certify that on October 9, 2008, I caused a copy of
Cabot Corporation's Motion to Amend the Petition and Attachment to be served upon the parties
listed in the service list by first class U.S. mail.
By:
IsiEric
E. Boyd
One
of His Attorneys
Printed on Recycled Paper
CHI 11573315.1
Electronic Filing - Received, Clerk's Office, October 9, 2008

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