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 - 06
)
(Adjusted Standard)
)
)
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:
July
17,2009
Eric E. Boyd (6194309)
SEYFARTH SHAWLLP
131 South Dearborn Street
Chicago, Illinois
60603
Tel. (312) 460-5000
Fax: (312) 460-7000
CHI 11519491.2
CABOT CORPORATION
By/slEric E. Boyd
One of Its Attorneys
Printed on Recycled Paper
Electronic Filing - Received, Clerk's Office, July 17, 2009
CHI 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
1
021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
Printed on Recycled Paper
Electronic Filing - Received, Clerk's Office, July 17, 2009
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 07-06
) (Adjusted Standard)
)
)
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 ยงยง 101.500 and 100.514, 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
CHI 11519501.3
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.
On February 2, 2009, the Hearing Officer granted another motion to extend the stay. The
Hearing
Officer Order extended the stay until August 9,2009, and the deadline for the Agency's
recommendation until September 23,
2009.
8.
To date, the U.S. EPA has taken no final action on Cabot's no migration demonstration or
petition. Cabot representatives expect that the
U.S. EPA will take final action on the
demonstration and the petition within the next six months.
9.
As a result, Cabot requests that the stay be extended for an additional six months, or until
February
5, 2010. 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 March 22,2010.
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on Recycled Paper
2
CHl 11519501.3
10.
The attorney for Cabot, Eric E. Boyd, spoke to the attorney for the IEP A, Kyle Nash
Davis, about this Motion. Mr. Davis indicated that the
IEPA has no objection to this Motion.
WHEREFORE, Cabot Corporation respectfully requests that the Board stay all proceedings
on
the May 29, 2007 Petition until February 5, 2010 and extend the time by which the Agency must
file its recommendation until March
22,2010.
DATED:
July 17, 2009
Eric E. Boyd (6194309)
SEYFARTH SHAW
LLP
131 South Dearborn Street
Chicago, Illinois
60603
Tel. (312) 460-5000
Fax: (312) 460-7000
CHl 11519501.3
Respectfully submitted,
CABOT CORPORATION
By /s/ Eric E. Boyd
One ofIts Attorneys
Printed on Recycled Paper
3
CERTIFICATE OF SERVICE
I, Eric E. Boyd, hereby certify that on July 17,2009, 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:
CHI 11519491.2
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
By:/s/Eric
E. Boyd
One of Its Attorneys
Printed on Recycled Paper
Electronic Filing - Received, Clerk's Office, July 17, 2009