ILLINOIS POLLUTION CONTROL BOARD
June 22, 1978
MOBIL OIL CORPORATION,
)
Petitioner,
v.
)
PCB 77—277
ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD (by Mr. Goodman):
This case is ~before the Board upon a petition for variance
filed by Mobil Oil Corporation (Mobil) on October 24, 1977.
Mobil seeks a variance from Rule 408(a) and 1002 of the
Board’s
Water Pollution Regulations for its discharge of cyanide, until
January 25, 1979. The Board has granted the Petitioner similar
variances on four other occasions, as indicated in the table
below:
Proceedi~
Duration of Variance
Interim CN Standard
PCB 73-452
7/25/74
-
1/25/75
Monthly avg.
-
.5 mg/i
13 PCB 179 (1974)
Daily max,
-
.8 mg/i
PCB 74-393
1/25/75
-
1/24/76
Monthly avg.
- .
3 mg/i
15 PCB 253 (1975)
Daily max.
—
.5 mg/i
PCB 75-420
1/25/76
-
1/24/77
Monthly avg.
-
.2 mg/i
19 PCB 524
Daily max.
-
.32 mg/i
PCB 76-272
1/24/77
-
1/24/78
Monthly avg.
-
.2
rag/i
24 PCB 695
Daily max.
-
.37 mg/i
Mobil requests a one year extension of this set of variances to
allow continuation of research on technology suitable for achieve-
ment of the Rule 408(a) effluent standad of .025 mg/i for cyanide.
30
—
507
The subject of
this
petition is Mobil’s refining facility on
the Des Plaines Rivera The factual background for the petition
has been discussed in the previous opinions cited supra, which
are incorporated in the record of this proceeding. The arbitrary
and unreasonable hardship which is alleged in support of the
petition continues to be
based on the absence of
a technologically
feasible method for consistent compliance with the .025 mg/i
standard despite continuous research efforts by Mobil to develop
such technology.
In conjunction with the variance extension Mobil requests
interim cyanide effluent standards of 0,3 mg/i monthly average
and 0.5 mg/I daily maximum. These
were the interim standards
used
in conjunction with the variance granted in PCB 74-393 (15 PCB
253 (1975)). Mobil contends that
these standards will insure that
no prosecutorial action is required, while adequately maintaining
Des Plaines River water quality.
The Agency in its recommendation favors granting the variance
extension cond~itionedupon maintaining the same interim standards
as were imposed in the most recent variance (PCB 76—272),
i.e.,
0.2 mg/I monthly average, 0.37 mg/i daily maximum, The Agency
considers the more stringent standards appropriate because they
correspond more closely to Mobiles current treatment capability.
The Board agrees with the Agency that an extension of the
variance is warranted. Consistent compliance with the Rule 408
(a) effluent standard for cyanide is still not technologically
feasible despite MobiI~s continuing good faith efforts to develop
the
necessary technology. In
addition, the cyanide effluent
standard is currently the subject of a proposed rule modification
(R74-l5, 16). In light of
these factors
it
would be arbitrary
and
unreasonable to force
compliance at this time. Nevertheless
the
Board will grant the variance only until January
24, 1979, or
until
any rule modification
is adopted
in R74-15, -16,
whichever
occurs first, so that Mobil may reappiy for a variance and the
Board say reevaluate the situation in light of any change which
may be adopted.
The Board also agrees that the interim cyanide effluent stand-
ards to be imposed ought to remain at 0.2 mg/i monthly average and
0.37 mg/I daily maximum. Based on Mobil’s effluent monitoring
data for 1977, these standards most accurately reflect current
treatment capability and will
provide Mobil with motivation to
continue
its research program.
30
—
508
—3—
This Opinion constitutes the findings of fact and conclusions
of law of the Board.
ORDER
It is the Order of the Pollution Control Board that Mobil Oil
Corporation be granted a variance from Rule 408(a) as it pertains
to cyanide, and Rule 1002 of Chapter 3, until January 24, 1979,
or adoption of new cyanide standards, if
any,
in R74-15, -16, which-
ever occurs first, subject to the following conditions:
1. Petitioner’s cyanide effluent concentration shall
not exceed a monthly average of 0.2 mg/i or a maxi-
mum of 0.37 mg/i at any time, during the period of
this variance as determined by 24 hour composite
samples.
2. Petitioner shall continue its efforts to develop a
cyanide effluent control program to reduce its
cyanide effluent concentration to .025 mg/i, or such
other effluent standard as may be established by the
Board.
3. Petitioner shall continue to file bi-monthly
progress reports with the Agency, said reports
to include but not be limited to:
a. progress on all compliance methods
being pursued by Petitioner;
b. any and all records of cyanide con-
centration in the Petitioner’s efflu-
ent; at least four composite samples
shall be run per week; and
c. any and all records of cyanide concen-
trations at the edge of the mixing zone;
at least one determination shall be run
per month.
4. Within 45 days of the adoption of this Order, Mobil
Oil Corporation shall execute and forward to both
the Illinois Environmental Protection Agency, 2200
Churchill Road, Springfield, Illinois 62706 and the
Pollution Control Board a Certification of Accept-
ance and Agreement to be bound to all terms and
30
—
509
S
‘orlitjon3 of :‘na
0rcL32,
The 43 ~ny period shall
,o aa Ld in at. ‘yi:ice
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na;
any
period this matter
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.ie
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~m
o.E said cert_fication
siHl.J. b~’ai xc,Llncs:
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-
.
—-
ani~ read
and
fully
under3~dnasng cn~Orde ‘t
te
.1 .......nois 2c.,liution Control Board in
PC3 a’!—
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heebl
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‘le: an’s ‘~j:ee to be bound by all
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acL.. .L~ns t ‘q... ,c.
SI
,icr
________________________
•
SE
_______________
LI. tr~
‘tie Agea ‘ ~
•o ~.e 314 of Chapter 3, shall
modify
Mobil
OU Coxpc’-’r’
-
•
w..n’
,onsisr.erit with the condi-
t..ois set fo:tt
ut
“.--
~r1ec.
1. ...Iij aLa’L s..
ho±~-
-,
Cses.k .xf
the
..slinois Pollution
Cos ti
4
Bc a.. c~-neay
re.,t
fy U ~ iove
Opinon and
Order
wc.ze adoFte~ic.il ~se~,a
— -.
lay
of________
_____-,
1978 by
a
vote .‘fS~,
- — - - — -
Christan L. Mo~Lt,
Clerk
-Ilinois PolluEThn Control Board
-
HG