ILLINOIS POLLUTION CONTROL BOARD
    November 5, 2008
    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 October 19, 2008, Cabot Corporation (Cabot) filed a motion to amend (Mot.) its May
    29, 2007 Petition for Reissuance of Adjusted Standard. The Illinois Environmental Protection
    Agency has filed no response.
    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 reports that this proceeding has been stayed through February 9, 2009. Cabot has
    requested and sought stays from the Board and hearing officer to allow time for the United States
    Environmental Protection Agency (U.S. EPA) to rule on a similar “no migration” exemption
    petition made under federal law. Mot. at 2. Cabot states that:
    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.
    Id.
    The Board grants Cabot’s motion, accepting the amended petition. But, the Board
    reiterates that, given the stay in this proceeding and to conserve its own scarce resources, the
    Board will continue to reserve its own determination on the technical sufficiency of this amended
    petition under Section 28.1 of the Environmental Protection Act, 415 ILCS 5/28/1 (2006), and 35
    Ill. Adm. Code 104.406 until after expiration of the stay in this proceeding.
    See
    Petition of
    Cabot Corporation for an Adjusted Standard from 35 Ill. Adm. Code Part 738, Subpart B, AS 07-
    6, slip op. at 2 (Aug. 9, 2007).
    2
    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 November 5, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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