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

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