ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1993
    IN THE MATTER OF:
    )
    )
    PETITION OF UNO-VEN
    )
    R93-8
    TO AMEND REGULATIONS,
    )
    (Rulemaking)
    PERTAINING TO WATER POLLUTION
    )
    Proposed Rule.
    Second Notice.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by J. Theodore Meyer):
    On January 28, 1993, UNO-VEN Company (UNO—VEN) filed a
    petition requesting amendments to the site-specific regulation
    found at Section 304.213. A hearing was held on April 28, 1993,
    in Bolingbrook, Illinois. Members of the public attended the
    hearing.
    On August 26, 1993, the Board sent this proposal to first
    notice. The proposed rule was published in the September 24,
    1993 Illinois Register at 17 Ill. Reg. 15523. The publication in
    the Illinois Register started a 45 day comment period. The
    comment period for this proposed rule ended on November 8, 1993.
    The Board received three comments during the first notice comment
    period. The Illinois Department of Commerce and Community
    Affairs noted that the proposed rule will not significantly
    impact small business. The Administrative Code Unit notes a
    correction to the source note of the rule. The Board will
    correct the source note as indicated by the Code Unit. UNO-VEN
    also submitted a first notice comment in support of adoption of
    the site-specific rule. As the comments submitted to the Board
    do not raise any objection to the rule as proposed at first
    notice, the Board will submit the rule for second notice with no
    substantive changes.
    UNO-VEN proposed the following changes to Section 304.213:
    (1) change Union Oil of California to UNO-VEN to reflect a change
    in ownership; (2) add a concentration-based limitation for
    ammonia nitrogen on a monthly basis; (3) require a report on
    nitrogen in feedstock within 60 days after the endof the
    calendar year; and (4) to extend the expiration date of the rule.
    (Pet. at 3.) The Board granted the site-specific rule found in
    Section 304.213 to Union Oil of California on March 19, 1987 in
    Docket R84—13.
    UNO-VEN operates a petroleum refinery located in Will County
    near Lemont, Illinois. (Pet. at 5.) The refinery produces
    approximately 25 different products of which ninety-five percent
    of the output goes into making automobile gasoline, diesel fuels,
    home heating oils and turbine fuels used in the Midwest. (Pet. at
    6.) The refinery has a current rated capacity of 153,000 barrels
    per day and employs approximately 750 people. (Pet. at 6.)
    2
    UNO-VEN currently discharges to the Chicago Sanitary and
    Ship Canal (Canal) which is a tributary to the Illinois River.
    (Pet. at 4.) UNO-VEN currently takes approximately 4.4 million
    gallons of water from the Canal daily and discharges
    approximately 3.8 million gallons of water to the Canal. (Pet. at
    6.) The difference is due to cooling tower evaporation and steam
    losses. (Pet. at 6.) tJNO-VEN reports that the 3.0 mg/l NH3-N
    effluent level limit in 35 Ill. Adm. Code 304.122(b) has not been
    attainable on a consistent basis. (Pet. at 7.)
    The site-specific rule granted in 1987 required the refinery
    to continue its efforts to reduce the concentration of ammonia
    nitrogen in its wastewaters. (Pet. at 10.) UNO—VEN has
    continuously upgraded its wastewater treatment plant to comply
    with this requirement. (Pet. at 10.) UNO-VEN has spent in excess
    of $4.2 million on improvements to the wastewater treatment
    plant. (Pet. at 11.)
    UNO-VEN has improved the plant’s performance of ammonia
    removal despite higher nitrogen content in the crude oil, a
    higher crude throughput, and a decrease in wastewater volume.
    (Pet. at 13.) From 1986 to 1991, the annual average ammonia
    concentration declined from 22.2 to 2.4 mg/i, a 89 reduction.
    (Pet. at 13.)
    A consultant’s report concludes that the following
    technologies have the greatest potential for meeting the
    standard:
    -
    activated sludge with powdered activated carbon treatment,
    -
    activated sludge with fluidized bed reactor; and
    -
    activated sludge with granular media filtration and ion
    exchange.
    (Pet. at 14.)
    The costs of implementing these technologies range from
    $7,094,000 to $18,382,000 with operating and maintenance costs
    from $1,444,000 per year to $1,913,000 per year. (Pet. at 14.)
    It is anticipated that the fluidized bed reactor would have a
    unit cost of $240 per pound of ammonia removed. (Pet. at 16.)
    The consultant does not recommend that UNO—VEN pursue any of
    these alternatives. (Pet. at 14.) The consultant concluded that
    ongoing improvements to the wastewater 1’reatment facility have at
    least as great a prospect of reducing ammonia nitrogen levels as
    the alternate technologies. (Pet. at 14.)
    Studies performed for UNO-VEN show that the discharge has no
    substantial impact upon dissolved oxygen levels. (Pet. at 19.)
    UNO-VEN further maintains that requiring compliance with the
    ammonia nitrogen standard would not result in a measurable
    3
    improvement of the Illinois River System. (Pet. at 19.)
    At hearing UNO-VEN presented testimony from William Busse,
    Lee Erchull, James Huff and Robert M. Stein. Mr. Busse is the
    supervisor of environmental services at UNO—VEN. He testified on
    the status of the UNO-VEN refinery in relation to the requested
    site-specific rule. Mr. Erchull is the senior environmental
    specialist for UNO-VEN. He testified on UNO-VEN’s progress in
    removing ammonia from its wastewater in an effort to comply with
    the ammonia standards. In particular, he explained changes to
    the wastewater treatment plant and changes in the sour water
    stripper.
    Mr. Stein is an environmental consultant with AWARE
    Environmental Inc. He testified on an evaluation performed on
    UNO—VEN’s
    waste water treatment program. This evaluation found
    that UNO-VEN has a state-of-the-art wastewater treatment system
    which exceeds Best Available Technology criteria. However, the
    data shows that UNO-VEN is unable to consistently and reliably
    attain the ammonia nitrogen limitation of 3.0 mg/l. The study
    also included an evaluation of additional technologies for the
    removal of ammonia. However, additional studies are needed
    before any decision could be made concerning additional treatment
    plant controls.
    Mr. Huff of Huff & Huff Inc., an environmental consultant,
    testified on a 1992 study on ammonia discharge at UNO-VEN. The
    study shows a reduction in the ammonia discharge since the 1984
    site specific rule was adopted. The study also found no
    localized impacts from the discharge during a stream
    investigation. He also notes that UNO-VEN is continuing to
    pursue means of further decreasing the ammonia discharge.
    On June 21, 1993, the Agency and UNO—VEN filed a joint
    comment recommending changes to the site—specific rule as
    proposed. The proposed changes included using a daily maximum
    limit for ammonia nitrogen of 26 milligrams/liter (m/l) and a 30
    day.monthly average limitation of 9.4 mu. The comment also
    changes the date of termination of the site specific rule to
    December 31, 1999. Included with the comment were exhibits in
    support of the recommended changes.
    CONCLUSION
    The Board agrees that site—specific relief is appropriate,
    based on the record of this proceeding. UNO-VEN has attempted to
    achieve compliance by modifying its wastewater treatment system
    and studying alternate technologies. while these efforts have
    substantially reduced the ammonia nitrogen discharges, compliance
    with the effluent limitation is still not obtainable on a
    consistent or reliable basis. The rule the Board today proposes
    4
    for second notice is the rule proposed by UNO-VEN in its petition
    with the modifications agreed to between the Agency and UNO-VEN.
    ORDER
    The Board directs the Clerk to cause the filing of the
    following proposal for Second Notice with the Joint Committee on
    Administrative Rules.
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE C: WATER POLLUTION
    CHAPTER 1:
    POLLUTION CONTROL BOARD
    PART 304
    EFFLUENT STANDARDS
    SUBPART A:
    GENERAL EFFLUENT STANDARDS
    Section
    304.101
    304.102
    304.103
    304.104
    304.105
    304.. 106
    304.120
    304. 121
    304.122
    304.123
    304.124
    304.125
    304.126
    304.140
    304.141
    304. 142
    Preamble
    Dilution
    Background Concentrations
    Averaging
    Violation of Water Quality Standards
    Offensive Discharges
    Deoxygenating Wastes
    Bacteria
    Nitrogen (STORET number 00610)
    Phosphorus (STORET number 00665)
    Additional Contaminants
    pH
    Mercury
    Delays in Upgrading (Repealed)
    NPDES Effluent Standards
    New Source Performance Standards (Repealed)
    SUBPART B: SITE SPECIFIC RULES AND
    EXCEPTIONS NOT OF
    GENERAL APPLICABILITY
    Section
    304.201 Wastewater Treatment Plant Discharges of The
    Metropolitan San~..:ary District of Greater Chicago
    Chlor-alkali Mercury Discharges in St. Clair County
    Copper Discharges by Olin Corporation
    Schoenberger Creek: Groundwater Discharges
    John Deere Foundry Discharges
    Alton Water Company Treatment Plant Discharges
    Galesburg Sanitary District Deoxygenating Wastes
    Discharges
    304.208 City of Lockport Treatment Plant Discharges
    304.202
    304.203
    304.204
    304.205
    304.206
    304.207
    5
    304.209
    304.210
    304.211
    304.212
    304.213
    304.214
    304.215
    304.216
    304.218
    304.219
    304.220
    304.221
    304.222
    Wood River Station Total Suspended Solids Discharges
    Alton Wastewater Treatment Plant Discharges
    Discharges From Borden Chemicals and Plastics Operating
    Limited Partnership Into an Unnamed Tributary of Long
    Point Slough
    Sanitary District of Decatur Discharges
    Union Oil
    UNO-VEN
    Refinery Ammonia Discharge
    Mobil Oil Refinery Ammonia Discharge
    City of Tuscola
    Wastewater Treatment Facility
    Discharges
    Newton Station Suspended Solids Discharges
    City of Pana Phosphorus Discharge
    North Shore Sanitary District Phosphorus Discharges
    East St. Louis Treatment Facility, Illinois—American
    Water Company
    Ringwood
    Drive Manufacturing Facility in McHenry County
    Intermittent Discharge of TRC
    SUBPART
    C: TEMPORARY EFFLUENT STANDARDS
    Section
    304.301
    304.302
    APPENDIX A
    Exception for Ammonia Nitrogen Water Quality Violations
    City of Joliet East Side Wastewater Treatment Plant
    References to Previous Rules
    AUTHORITY: Implementing Section 13 and authorized by Section 27
    of the Environmental Protection Act (Ill. Rev. Stat. 1989, ch.
    111 1/2, pars. 1013 and 1027).
    SOURCE: Filed with the Secretary of State January 1, 1978;
    amended at 2 Iii. Reg. 30, p. 343, effective July 27, .1978;
    amended at 2 Ill. Reg. 44, p. 151, effective November 2, 1978;
    amended at 3 Ill. Reg. 20, P. 95, effective May 17, 1979; amended
    at 3 Ill. Reg. 25, p. 190, effective June 21, 1979; amended at 4
    Ill. Reg. 20, p. 53, effective May 7, 1980; amended at 6 Ill.
    Reg. 563, effective December 24, 1981; codified at 6 Ill. Reg.
    7818; amended at 6 Ill. Reg. 11161, effective September 7, 1982;
    amended at 6 Iii. Reg. 13750, effective October 26, 1982; amended
    at 7 Ill. Reg. 3020, effective March 4, 1983; amended at 7 Ill.
    Reg. 8111, effective June 23, 1983; amended at 7 Ill. Reg. 14515,
    effective October 14, 1983; amended at 7 Ill. Reg. 14910,
    effective November 14, 1983; amended at B Ill. Reg. 1600,
    effective January 18, 1984; amended at 8 Ill. Reg. 3687,
    effective March 14, 1984; amended at 8 Ill. Reg. 8237, effective
    June 8, 1984; amended at 9 Ill. Reg. 1379, effective January 21,
    1985; amended at 9 111. Reg. 4510, effective March 22, 1985;
    peremptory amendment at 10 Ill. Reg. 456, effective December 23,
    1985; amended at 11 Ill. Reg. 3117, effective January 28, 1987;
    amended in
    R84—13 at
    11 Ill. Reg. 7291, effective April 3, 1987;
    amended in R86-17(A) at
    11
    Iii. Reg. 14748, effective August 24,
    1987; amended in
    R84—16 at
    12 Ill. Reg. 2445, effective January
    6
    15, 1988; amended in R83—23 at 12 Ill. Reg. 8658, effective Nay
    10, 1988; amended in R87—27 at 12 Ill. Reg. 9905, effective Nay
    27, 1988; amended in R82—7 at 12 Ill. Reg. 10712, effective June
    9, 1988; amended in R85—29 at 12 Ill. Reg. 12064, effective July
    12, 1988; amended in R87—22 at 12 Ill. Reg. 13966, effective
    August 23, 1988; amended in R86—3 at 12 Ill. Reg. 20126,
    effective November 16, 1988; amended in R84—20 at 13 Ill. Reg.
    851, effective January 9, 1989; amended in R85-11 at 13 Ill. Reg.
    2060, effective February 6, 1989; amended in R88—1 at 13 Ill.
    Reg. 5976, effective April 18, 1989; amended in R86—17(B) at 13
    Ill. Reg. 7754, effective May 4, 1989; amended in R88-22 at 13
    Ill. Reg. 8880, effective May 26, 1989; amended in R87—6 at 14
    Ill. Reg. 6777, effective April 24, 1990; amended in R87—36 at 14
    Ill. Reg. 9437, effective May 31, 1990; amended in R88—21(B) at
    14 Ill. Reg.. 12538, effective July 18, 1990; amended in R84—44 at
    14 Iii. Reg. 20719, effective December 11, 1990; amended in
    R86-14 at 15 Ill. Reg. 241, effective December 18, 1990; amended
    in R93-8 at
    ______
    Ill. Reg.
    _____________________,
    effective
    Section 304.213
    UNO—VEN Refinery Ammonia Discharge
    a) This Section applies to discharges from Union Oil
    Comppnylocated
    inofLemontC~11iforniQ’ointotheUNO-VEN’sChicagoChioagoSanitaryRefinery,andShip
    Canal.
    b) The requirements of Section 304.122(b) shall not apply
    toapplicablethe discharge.Best
    AvailableInsteadTechnology
    Union
    UNO-VEN
    Economicallymust
    meet
    Achievable (BAT) limitations pursuant to 40 CFR 419.23
    (1~85) (1992) incorporated by reference in subsection
    (c). UNO—VEN shall also meet a monthly average
    limitation for ammonia nitrogen of 9.4 mg/i and a daily
    maximum limitation of 26.0
    maIl.
    C)
    The Board incorporates by reference 40 CFR 419.23
    (1985) (1992) only as it relates to ammonia nitrogen as
    N. This incorporation includes no subsequent
    amendments or editions.
    d) Union UNO-VEN shall continue its efforts to reduce the
    concentration of ammonia nitrogen in its wastewaters.
    e) Union UNO-VEN shall monitor the nitrogen concentration
    of its oil feedstocks and report on an annual basis
    such concentrations to the Agency.
    f) Union UNO-VEN shall submit the reports described in
    subsection (e) rio later than 3-~60
    days
    after the end
    of a calendaryear.
    7
    g) The provisions of this Section shall terminate on
    Dcocmbcr 31, 1993 December 31. 1999.
    (Source: Amende at
    ________
    Ill. Reg.
    effective
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi that the~boveopinion and order was
    adopted on the
    /
    day of /)~~L,~’
    ,
    1993, by a vote of
    5—a.
    Control Board

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