ILLINOIS POLLUTION CONTROL BOARD
December 17, 1998
IN THE MATTER OF:
PETITION OF PDV MIDWEST REFINING,
L.L.C. FOR A SITE-SPECIFIC
RULEMAKING AMENDMENT TO 35 ILL.
ADM. CODE 304.213
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R98-14
(Rulemaking - Water)
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On October 17, 1997, PDV Midwest Refining, L.L.C. (PDV) filed a petition (Pet.)
seeking to amend and renew a previously granted site specific rule codified at 35 Ill. Adm.
Code 304.213. See In the Matter of: Petition of UNO-VEN to Amend Regulations Pertaining
to Water Pollution: 35 Ill. Adm. Code 304.213 (December 16, 1993), R93-8. PDV is
requesting three changes to this rule: (1) that the Board’s effluent regulations be amended to
provide site-specific ammonia nitrogen effluent standards for PDV’s discharge to the Chicago
Sanitary and Ship Canal; (2) that the change in ownership from UNO-VEN to PDV be
reflected; and (3) that the expiration date of the rule be eliminated. The Board adopted an
order accepting the proposal for hearing on November 6, 1997; a first-notice order on
May 21, 1998; and a second-notice order on September 17, 1998. No comments were
received by the Board during the first- or second-notice periods. The Joint Committee on
Administrative Rules (JCAR) considered this rulemaking at its October 20, 1998 meeting and
issued a “Notice of No Objection.”
The Board’s responsibility in this matter arises from the Environmental Protection Act
(Act). 415 ILCS 5/1
et seq
. (1996). The Board is charged therein to “determine, define and
implement the environmental control standards applicable in the State of Illinois.” 415 ILCS
5/5(b). Today, the Board adopts the proposed amendments. The amendments adopted today
are identical to those proposed for first and second notice.
BACKGROUND
PDV owns a petroleum refinery located in Will County near Lemont, Illinois. The
refinery operates under National Pollution Discharge Elimination System (NPDES) permit
number IL 0001589. This permit was issued by the Illinois Environmental Protection Agency
(Agency) on September 1, 1994, and expired on June 1, 1998. PDV submitted an application
to renew its NPDES permit on December 1, 1997, which is pending before the Agency. The
September 1, 1994 permit remains in effect until the Agency reaches a final decision on
PDV’s application to renew its permit. The refinery was formerly owned and operated by the
Union Oil Company of California (Union) and then operated by the UNO-VEN Company
(UNO-VEN). The refinery began operations in 1969. From October 1992 through July 1997,
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the maximum monthly production rate observed at the refinery was 162,219 barrels per day.
Pet. at 5.
The refinery employs approximately 650 people, and produces products including
conventional and reformulated gasolines, turbine fuels, diesel fuels, furnace oils, petroleum
coke, and various specialty naphthas used to manufacture intermediate products. Pet. at 5.
The refinery draws influent from and discharges effluent to the Chicago Sanitary and
Ship Canal (Canal) which is a tributary to the Illinois River. The wastewater effluent contains
ammonia nitrogen. The ammonia nitrogen contained in the effluent is from two sources: that
derived from nitrogenous compounds present in crude oil that are removed by various refinery
operations, and that already present in the intake water from the Canal.
REGULATORY BACKGROUND
The Board has adopted Section 304.122 (35 Ill. Adm. Code 304.122) to control
ammonia discharge to the Illinois River System. Section 301.122(b) contains the provision
applicable to the PDV refinery, and limits ammonia nitrogen discharges to an effluent
discharge concentration of 3.0 mg/l. This standard applies to monthly average samples, as
specified at 35 Ill. Adm. Code 304.104(a)(1).
In 1987, the Board granted a site-specific rule change to the refinery; see In the Matter
of: Proposal of Union Oil Company of California to Amend the Water Pollution Regulations:
35 Ill. Adm. Code 304.213 (March 19, 1987), R84-13. The Board amended and renewed this
rule in 1993 (see In the Matter of: Petition of UNO-VEN to Amend Regulations Pertaining to
Water Pollution: 35 Ill. Adm. Code 304.213 (December 16, 1993), R93-8). In 1993, the
Board set effluent limits for ammonia nitrogen at 9.4 mg/l monthly average and 26.0 mg/l
daily maximum. The current site-specific rule will terminate on December 31, 1999.
In the instant petition, PDV requests that the discharge limits for ammonia nitrogen set
in 1993 be adopted in this rulemaking. PDV also requests that their change in name be
reflected and that the December 31, 1999 termination date be eliminated.
PROCEDURAL HISTORY
In the May 21, 1998 first-notice order, the Board found that PDV had presented
evidence warranting continued consideration of this matter, and that the record justified
adopting the proposal for first notice. First notice of the proposed rule was published at 22 Ill.
Reg. 9657 (June 12, 1998). As noted, no public comments were received during the
first-notice period.
On September 17, 1998, the Board adopted the second-notice opinion and order. The
Board found that adoption of the proposed rule for second notice was warranted. No public
comments were received during the second-notice period. As noted, JCAR considered this
rulemaking at its October 20, 1998 meeting and voted no objection.
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Two hearings were held in this matter. A public hearing was held on March 6, 1998,
in Joliet, Illinois. PDV presented three witnesses: Claude Harmon, Manager Environmental
with PDV; James Huff of Huff & Huff, Inc.; and Robert M. Stein of AWARE
Environmental, Inc. The Agency prefiled the testimony of Charles W. Gunnarson, but did not
present any witnesses at the hearing. PDV filed a post hearing comment on April 6, 1998.
The Board also received comments on the proposal from JCAR.
An additional public hearing was held March 30, 1998, solely on the decision of the
Illinois Department of Commerce and Community Affairs (DCCA) not to conduct an
Economic Impact Study in connection with this rulemaking. No one testified at this hearing,
and the Board has not received any comments regarding an economic impact study concerning
this matter.
In summary, the testimony presented by PDV concerned the refinery’s efforts to
remove ammonia from its wastewater streams, the environmental impact of the ammonia in the
refinery’s discharge to the Canal, and the need for site-specific relief. PDV also testified that
it has been unable to consistently meet the ammonia nitrogen concentration standard of
3.0mg/l, but has consistently achieved compliance with the 9.4 mg/l monthly average and 26.0
mg/l daily maximum effluent limitations previously set by the Board. The Agency testified
that the language of the proposed site-specific rule change should be modified to include a
termination or sunset provision to terminate the rule by its own terms on a date certain.
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DISCUSSION
The sole point of contention in this proposed rule is the inclusion of a sunset provision.
The Agency does not object to the petition, but feels a sunset provision should be included.
PDV is amenable to a sunset provision so long as the rule does not require them to make
continuing efforts to reduce the concentration of ammonia nitrogen in its wastewaters. The
Agency did not comment on PDV’s position on the sunset provision.
At first and second notice, the Board included a sunset provision in subparagraph (g) of
the proposal. In so doing, the Board stated that such a provision would encourage PDV to
take advantage of new technology and to continually explore methods of lowering its
ammonia-nitrogen discharge during the pendency of the site-specific rule. The Board also
included a provision in subparagraph (d) requiring PDV to make continued efforts to reduce
the ammonia nitrogen concentration in its wastewaters. No comments regarding these
provisions were received during the first- or second-notice period.
1
A more detailed summary and discussion of the testimony presented in this matter can be
found in the September 17, 1998 second-notice opinion and order. See In the Matter of:
Petition of PDV Midwest Refining L.L.C. for a Site-Specific Rulemaking Amendment to 35
Ill. Adm. Code 304.213 (September 17, 1998), R98-14.
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CONCLUSION
The Board believes that the inclusion of a sunset provision and a provision requiring
PDV to make continued efforts to reduce the ammonia nitrogen concentration in its wastewater
is reasonable, and appropriately included in this site-specific rule. Thus, the Board is adopting
the same rule as was proposed in the second-notice order.
Based upon the record, the Board finds that adoption of the proposed rule is warranted.
The Board also finds that the proposed rule will not have an adverse economic impact on the
people of the State of Illinois. See 415 ILCS 5/27 (a), (b) (1998).
ORDER
The Board directs the Clerk of the Board to submit the following amendments to 35 Ill.
Adm. Code 304.213 to the Secretary of State as a final rule for publication in the Illinois
Register.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 304
EFFLUENT STANDARDS
SUBPART A: GENERAL EFFLUENT STANDARDS
Section
304.101
Preamble
304.102
Dilution
304.103
Background Concentrations
304.104
Averaging
304.105
Violation of Water Quality Standards
304.106
Offensive Discharges
304.120
Deoxygenating Wastes
304.121
Bacteria
304.122
Total Ammonia Nitrogen (as N: STORET number 00610)
304.123
Phosphorus (STORET number 00665)
304.124
Additional Contaminants
304.125
pH
304.126
Mercury
304.140
Delays in Upgrading (Repealed)
304.141
NPDES Effluent Standards
304.142
New Source Performance Standards (Repealed)
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SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL
APPLICABILITY
Section
304.201
Wastewater Treatment Plant Discharges of the Metropolitan Water
Reclamation District of Greater Chicago
304.202
Chlor-alkali Mercury Discharges in St. Clair County
304.203
Copper Discharges by Olin Corporation
304.204
Schoenberger Creek: Groundwater Discharges
304.205
John Deere Foundry Discharges
304.206
Alton Water Company Treatment Plant Discharges
304.207
Galesburg Sanitary District Deoxygenating Wastes Discharges
304.208
City of Lockport Treatment Plant Discharges
304.209
Wood River Station Total Suspended Solids Discharges
304.210
Alton Wastewater Treatment Plant Discharges
304.211
Discharges From Borden Chemicals and Plastics Operating Limited
Partnership Into an Unnamed Tributary of Long Point Slough
304.212
Sanitary District of Decatur Discharges
304.213
PDV Midwest Refining, L.L.C. Refinery Ammonia Discharge
304.214
Mobil Oil Refinery Ammonia Discharge
304.215
City of Tuscola Wastewater Treatment Facility Discharges
304.216
Newton Station Suspended Solids Discharges
304.218
City of Pana Phosphorus Discharge
304.219
North Shore Sanitary District Phosphorus Discharges
304.220
East St. Louis Treatment Facility, Illinois-American Water Company
304.221
Ringwood Drive Manufacturing Facility in McHenry County
304.222
Intermittent Discharge of TRC
SUBPART C: TEMPORARY EFFLUENT STANDARDS
Section
304.301
Exception for Ammonia Nitrogen Water Quality Violations (Repealed)
304.302
City of Joliet East Side Wastewater Treatment Plant
304.303
Amerock Corporation, Rockford Facility
Appendix A References to Previous Rules
AUTHORITY: Implementing Section 13 and authorized by Section 27 of the Environmental
Protection Act [415 ILCS 5/13 and 27].
SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. 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.
6
Reg. 11161, effective September 7, 1982; amended at 6 Ill. 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 8 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 Ill. 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
Ill. Reg. 14748, effective August 24, 1987; amended in R84-16 at 12 Ill. Reg. 2445, effective
January 15, 1988; amended in R83-23 at 12 Ill. Reg. 8658, effective May 10, 1988; amended
in R87-27 at 12 Ill. Reg. 9905, effective May 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 Ill. Reg. 20719, effective December
11, 1990; amended in R86-14 at 15 Ill. Reg. 241, effective December 18, 1990; amended in
R93-8 at 18 Ill. Reg. 267, effective December 23, 1993; amended in R87-33 at 18 Ill. Reg.
11574, effective July 7, 1994; amended in R95-14 at 20 Ill. Reg. 3528, effective February 8,
1996; amended in R94-1(B) at 21 Ill. Reg. 364, effective December 23, 1996; expedited
correction in R94-1(B) at 21 Ill. Reg. 6269, effective December 23, 1996; amended in R97-25
at 22 Ill. Reg. 1351, effective December 24, 1997; amended in R97-28 at 22 Ill. Reg. 3512,
effective February 3, 1998; amended in R98-14 at 23 Ill. Reg. _____, effective __________.
BOARD NOTE: This Part implements the Illinois Environmental Protection Act of July 1,
1994.
SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL
APPLICABILITY
Section 304.213 PDV Midwest Refining, L.L.C. Refinery Ammonia Discharge
a)
This Section applies to discharges from the PDV Midwest Refining, L.L.C.
(PDVMR) Refinery, located in Lemont into the Chicago Sanitary and Ship
Canal.
b)
The requirements of Section 304.122(b) shall not apply to the discharge.
Instead PDVMR UNO-VEN must meet applicable Best Available Technology
Economically Achievable (BAT) limitations pursuant to 40 CFR 419.23 (1992)
incorporated by reference in subsection (c). PDVMR UNO-VEN shall also
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meet a monthly average limitation for ammonia nitrogen of 9.4 mg/l and a daily
maximum limitation of 26.0 mg/l.
c)
The Board incorporates by reference 40 CFR 419.23 (1992) only as it relates to
ammonia nitrogen as N. This incorporation includes no subsequent amendments
or editions.
d)
PDVMR UNO-VEN shall continue its efforts to reduce the concentration of
ammonia nitrogen in its wastewaters.
e)
PDVMR UNO-VEN shall monitor the nitrogen concentration of its oil
feedstocks and report on an annual basis such concentrations to the Agency.
f)
PDVMR UNO-VEN shall submit the reports described in subsection (e) no later
than 60 days after the end of a calendar year.
g)
The provisions of this Section shall terminate on December 31, 20081999.
(Source: Amended at 22 Ill. Reg. _______, effective____________)
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 17th day of December 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
