ILLINOIS POLLUTION CONTROL BOARD

July 27,

1989

IN THE MATTER OF:

MARATHON PETROLEUM COMPANY

)

R87-2

SITE-SPECIFIC

PROPOSED RULE

SECOND NOTICE

OPINION AND ORDER OF THE BOARD

(by B.

Forcade):

This matter

is before the Board on the January 28,

1987

petition of

the Marathon Petroleum Company (“Marathon”)

pursuant

to Section

28 of

the Environmental Protection Act

(“Act”),

Ill.

Rev.

Stat.

ch.

111

1/2, par.

1028.

That petition seeks

site—

specific relief from Section

304.105 of the Board’s water

pollution rules,

35

Eli.

Adm. Code 304.105, as

it applies

to the

total dissolved solids

(TDS)

and chloride

(Cl) content of

Marathon’s wastewater discharges from outfall 001,

under NPDES

permit No.

tL0004073,

into an unnamed tributary of Sugar Creek,

in the Wabash River Basin, at Robinson,

in Crawford County.

The

signatures of more than 200 persons accompanied Marathon’s

petition.

The Board proposed new section

35

Ill.

Adm. Code 303.323

for

first notice publication on May 11,

1989.

That publication

occurred on May

26,

1989.

See

13

Ill. Reg. 7863

(May 26,

1989).

The Board received two public comments during the first

notice public comment period.

Neither affects the substance of

the rule.

Public Comment number four

(P.C.

#4), dated June

20,

1989 from the Illinois Department of

Commerce and Community

Affairs,

includes the Small Business Bureau’s

Impact Analysis.

P.C.

#4 indicates that the proposed rule will have no effect on

small businesses.

Public Comment number

five

(P.C.

#5), dated

June

27,

1989 from the Office of the Secretary of State,

suggests

a minor revision to the rule and instructs the Board as

to the

filing of

the ultimately—adopted rule.

Revisions From First Notice Proposed Rule

The Board will revise the proposed rule

in one minor

regard

as

a result of

P.C.

#5.

In Section 303.323(b),

that portion that

reads “Section 304.105 shall not apply

.

.

.“

will read “35

Ill.

Adm.

Code 304.105

shall not apply

...

.“

The Board makes no

further revision and will hereby propose the rule for second

notice publication.

101—355

---

—2—

ORDER

The Board hereby proposes the following rule for second

notice publication and directs the Clerk of the Board to file

it

with the Office of the Secretary of State.

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE C:

WATER POLLUTION

CHAPTER I:

POLLUTION CONTROL BOARD

PART 303

WATER USE DESIGNATIONS AND SITE SPECIFIC

WATER QUALITY STANDARDS

SUBPART

A:

GENERAL PROVISIONS

Section

303.100

303.101

303. 102

Section

303.200

303

*

201

303.202

303 .203

303.204

Scope and Applicability

Multiple Designations

Rulemaking Required

SUBPART B:

NONSPECIFIC WATER USE DESIGNATIONS

Scope and Applicability

General Use Waters

Public and Food Processing Water Supplies

Underground Waters

Secondary Contact and Indigenous Aquatic Life

Waters

SUBPART C:

SPECIFIC USE DESIGNATIONS AND SITE SPECIFIC

WATER QUALITY STANDARDS

Section

303.300

303.301

303.311

303.312

303.321

303.322

303. 323

303.331

303. 341

303.351

303.352

303.353

303.361

303.441

303.442

Scope and Applicability

Organization

Ohio River Temperature

Waters Receiving Fluorspar Mine Drainage

Wabash River Temperature

Unnamed Tributary of the Vermilion River

Sugar Creek and Its Unnamed Tributary

Mississippi

River North Temperature

Mississippi River

North Central Temperature

Mississippi River

South Central Temperature

Unnamed.Tributary of Wood River Creek

Shoenberger Creek;

Unnamed Tributary

of Cahokia

Canal

Mississippi

River

South Temperature

Secondary Contact Waters

Waters Not Designated for Public Water Supply

101—356

---

—3—

303.443

Lake Michigan

SUBPART D:

THERMAL DISCHARGES

Section

303.500

Scope and Applicability

303.502

Lake Sangchris Thermal Discharges

Appendix A

References to Previous Rules

Appendix B

Sources of Codified Sections

AUTHORITY:

Implementing Section 13 and authorized by Section

27

of the Environmental Protection Act

(Ill.

Rev.

Stat.

1987,

ch.

111

1/2, pars.

1013 and 1027).

SOURCE:

Filed with the Secretary of State January

1,

1978;

amended at

2 Ill. Reg.

27,

p.

221, effective July

5,

1978;

amended at

3

Ill. Reg.

20,

p.

95, effective May

17,

1979;

amended at

5

Ill. Reg.

11592,

effective October

19,

1981;

codified at

6

Ill. Reg.

7818;

amended at

6

Ill. Reg.

11161,

effective September

7,

1982; amended at

7

Ill.

Reg.

8111,

effective June

23,

1983; amended

in R87—27 at 12

Ill.

Reg.

9917,

effective May

27,

1988;

amended in R87—2 at

____

Ill.

Reg.

__________,

effective

_____________________

Section 303.323

Sugar Creek and Its Unnamed Tributary

~J

This Section applies only to Sugar Creek and its

unnamed tributary from the point at which Marathon

Petroleum Company’s outfall 001 discharges into the

unnamed tributary

to the confluence of Sugar Creek

and the Wabash River.

~j

35

Ill. Adm.

Code

304.105 shall not apply

to total

dissolved solids and chlorides discharged by

Marathon Petroleum Company’s outfall 001,

so long

as both of the following conditions are true:

.i~J

Effluent from Marathon Petroleum Company’s

outfall 001 does not exceed either

3,000 mg/i

total dissolved

solids or

700 mg/i chlorides,

The water

in the unnamed tributary does not

exceed 2,000 mg/i total dissolved solids or

550 mg/i chlorides.

IT IS SO ORDERED.

101—357

---

—4—

I, Dorothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Board, hereby certify that the above Second N

ice Opinion and

Order was adopted on the

~

day of ________________________

1989, by a vote of

~-v

.

,

‘Dorothy M.,4unn, Clerk

Illinois ~l1ution

Control Board