BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
IA
3o
2Uüg
SE
°,LLINOIs
N THE
MATTER OF:
)
Board
)
ASO7-06
PETITION OF CABOT CORPORATION
)
(Adjusted Standard)
FOR AN
ADJUSTED STANDARD FROM
)
35 Ill. Adm.
Code
Part
738,
Subpart B
)
NOTICE
OF
FILING
TO:
SEE ATTACHED SERVICE LIST
PLEASE
TAKE
NOTICE that
I
have
today
filed
with the Office of the Clerk of the
Pollution
Control Board Cabot Corporation’s Motion to Extend Stay of Proceedings
on
Cabot
Corporation’s Petition for Reissuance of
Adjusted
Standard.
DATED:
January 30, 2009
CABOT
CORPORATION
By:
C
One of
Its
Attorneys
Eric E. Boyd (6194309)
SEYFARTH SHAW LLP
131 South Dearborn Street
Chicago, Illinois
60603
Tel.
(312) 460-5000
Fax: (312) 460-7000
Printed on Recycled Paper
CHI 11519491.2
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARlEcvED
CLERK’S
OFFICE
JAN
302009
PETITION
IN
THE
MATTER
OF
CABOT
OF:
CORPORATION
)
STATE
oUution
OF
Control
ILLINOIS
Boar
FOR
AN
ADJUSTED
STANDARD
FROM
)
35
Ill. Adm.
Code
Part
738,
Subpart
B
)
MOTION
TO EXTEND
STAY
OF
PROCEEDINGS
ON
CABOT
CORPORATION’S
PETITION
FOR
REISSUANCE
OF
ADJUSTED
STANDARD
Cabot
Corporation
(“Cabot”), through
its
attorneys,
Seyfarth
Shaw
LLP,
and
pursuant
to
35
Ill.
Admin.
Code
§
101.500
and
100.5
14,
moves
to
stay
proceedings
on
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
Wells
Nos.
2
and
3 at
its
Tuscola,
Illinois
facility
(“Facility”).
2.
Also
on
May
29,
2007,
Cabot
filed
a
Motion
to
Stay
Proceedings.
The
Motion
to
Stay
requested
that
the
Board
stay
further
action
on
the
Petition
until
the U.S.
EPA
takes
final
action
on
a
similar
petition
Cabot
filed
with
the
U.S.
EPA.
The
motion
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
circumstances.”
May
29,
2007
Motion
to
Stay,
at
Par.
9.
Printed
on
Recycled
Paper
)
AS
07-06
)
(Adjusted
Standard)
CH1
11519501.2
3.
On August
9,
2007,
the
Board
entered
an
order
staying
this
proceeding
until
February
9,
2008.
The
August
9, 2007
Order
explained
that
the
parties
may
request
an
extension
of
the
initial
stay
and
the
time
for the
Agency
to
file
its
recommendation
by
asking
the Hearing
Officer.
4.
On February
7,
2008,
the
Hearing
Officer
granted
a motion
to
extend
the
stay.
The
Hearing
Officer
Order
extended
the stay
until
August
9,
2008,
and
the deadline
for
the
Agency’s
recommendation
until
September
23, 2008.
5.
On
July 22,
2008,
the
Hearing
Officer
granted
another
motion
to extend
the
stay.
The
Hearing
Officer
Order
extended
the
stay
until
February
9,
2009,
and
the
deadline
for
the
Agency’s
recommendation
until
March
26,
2009.
6.
On
October
9, 2008,
Cabot
filed
a Motion
to
Amend
the
Petition
to
add
information
that
Cabot
had
previously
submitted
to
the
U.S.
EPA
in
response
to
a
Notice
of
Deficiency
with
respect
to
the
petition
pending
before
the
U.S.
EPA.
On
November
5,
2008,
the
Board
granted
the
Motion
to Amend
and
accepted
the
amended
petition. The
Board
also
reiterated
that
it would
take
no
action
on
the Petition
until
after
the U.S.
EPA
acts
and
the
stay is
lifted.
7.
To date,
the
U.S.
EPA
has
taken
no
final
action
on
Cabot’s
no migration
demonstration
or
petition.
U.S.
EPA
representatives
have
told
Cabot
representatives,
however,
that they
expect
to
take
final
action
on the
demonstration
and
the petition
within
the
next
six
months.
8.
As a
result,
Cabot
requests
that
the
stay
be extended
for
an additional
six
months,
or until
August
9,
2009.
The
time
by
which
the Respondent’s
recommendation
needs
to be
submitted
should
also
be
extended
until
45
days
after
the
expiration
of
the
stay,
or until
September
23,
2009.
9.
The
attorney
for
Cabot,
Eric
E.
Boyd,
spoke
to
the attorney
for the
TEPA,
Kyle
Nash
Davis,
about
this
Motion.
Mr. Davis
indicated
that
the IEPA
has
no
objection
to
this
Motion.
Printed
on
Recycled
Paper
2
CHI
11519501.2
WHEREFORE,
Cabot
Corporation
respectfully
requests that
the Board
stay
all proceedings
on
the
May
29,
2007
Petition
until
August
9,
2009
and
extend
the
time
by
which
the
Agency
must
file
its
recommendation
until
September
23,
2009.
DATED:
January
30,
2009
Respectfully
submitted,
CABOT
CORPORATION
By:______
One
of Its
Attorneys
Eric
F.
Boyd
(6194309)
SEVFART
SHAW
LLP
131
South
Dearborn
Street
Chicago,
Illinois
60603
Tel.
(312)
460-5000
Fax:
(312)
460-7000
Printed
on
Recycled
Paper
3
CHI
11519501.2
CERTIFICATE
OF
SERVICE
I, Eric
E. Boyd,
hereby
certify
that
on
January
30, 2009,
I caused
a
copy of
Cabot
Corporation’s
Motion
to
Extend
Stay of Proceedings
on
Cabot
Corporation’s
Petition
for
Reissuance
of
Adjusted
Standard
to
be
served
upon
the parties
listed
below via First
Class
U.S.
Mail:
Illinois
Environmental
Protection
Agency
Division
of Legal
Counsel
Attention:
Kyle
Nash
Davis,
Esq.
1021
North
Grand
Avenue East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
Carol
Webb
Hearing Officer
Illinois
Pollution
Control
Board
1021 North
Grand
Avenue
East
P.O.
Box
19274
Springfield,
IL 62794-9274
C
(O
Printed
on Recycled
Paper
3
CH1 11519491.2
SERVICE LIST
Illinois Pollution
Control Board
Attention:
Clerk
100 W.
Randolph Street
James R. Thompson Center,
Suite
11-500
Chicago,
Illinois 60601-3218
Illinois Environmental
Protection
Agency
Division of Legal Counsel
Attention: Kyle Nash
Davis,
Esq.
1021
North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois
62794-9276
Carol Webb
Hearing Officer
Illinois Pollution
Control Board
1021 North Grand Avenue East
P.O.
Box
19274
Springfield, IL 62794-9274
Printed on Recycled Paper
2
CHI
11519491.2