ILLINOIS RDLUX~ION (flNTROL EUARD

February 1, 1979

I

~BIL

OIL cX1Wc1~ATION,

Petitioner,

v.

)

PCB

78—277

ENVIRONMENTAL

POrECTION 

AGENCY,

)

Respondent.

I

OPINION AND (TU)ER OF THE POARD (by Mr. Goodman):

‘

I

Petitioner Mobil Oil Corporation (Mobil) seeks an extension and expansion     

‘

of a variance granted by the Board in POB 77—277 on June 22, 1978 which was,

by its terms, terminated by proniilgation by the Board of an amendment to the

cyanide regulations in R74—15,—16, on September 

1978.

Specifically, Mobil requests an extension of variance from Rule 408(a),

Part 4, and Rule 1002, Part 10 of Chapter 3, Water Pollution Regulations, with

respect to the cyanide portion of its wastewater discharge at its petroleun

refinery located in Will County, Illinois. Technical data with respect to

this facility has been well documented in previous variances and will not be

repeated here. Mobil alleges continuing inability to meet the Board’s cyanide

effluent discharge limitations including the limitations recently established

in R74-15,-16. In addition, Mobil alleges good faith efforts to achieve

cc*~liancewith the rules citing its work on research projects and operational

procedures.

Current results indicate cmpliance with the daily maxiraim limitation 91

of the time and corrpliance with the rrrwithly limit 67 of the time, mainly due

to some short-term excursions which remain unexplained. Tests made for cyanide

at the edge of the mixing zone in the Des Plaines River as well as about 1/4

mile upstream from the discharge since August of 1974 allegedly d~nnstrate     

‘

the cyanide concentration in Mobil’s effluent has no measurable irrpact on

stream quality. Mobil requests that the allowable effluent cyanide concen-

trations be limited to 0.20 mg/I on a rmnthly average, and that the daily

maxirrum be increased to 1.5 

mg/i.

These limitations are based on the tem—

porary excursions noted during 1978. Mobil alleges an arbitrary and unreason-

able hardship should it he forced to ccrrply with the current 0.10 mg/I and

0.20 mg/i effluent limitations since adequate technology is not available.

Mobil requests that the proposed variance expire on luJy 1, 1980, coinciding

with the research type amrinia variance granted by the Board on June 8, 1978,

under P03 78-97.

In its Reconmendation, the Illinois Envirorinental Protection Agency

(Agency) recctrmends that Mobil’s request for variance be granted until July 1,

1980 subject to certain conditions. Mobil, in turn, has agreed

32—493

I

2

to the conditions suggested by the Agency with the exception of the nurber of

excursions per mDnth to be allowed to the proposed 1.5 mg/i daily maxirrun

limitation. While Mobil argues for a limitation of three such excursions per

ri~nthbased upon its recent history, the Agency argues persuasively that

additional control measures outlined hy the Agency should minimize the dur-

ation of excursions. The Agency points out that Mobil has facilities to hold

and recirculate its effluent and that procedures arid equi~~nentcan be

installed and utilized which would result in much faster recognition of the

existence of an excursion and subsequent control thereof prior to discharge.

The Board finds that denial of a variance would impose an arbitrary and

unreasonable hardship on Mobil. The Board agrees with the Agency’s evaluation

and will therefore limit excursions above the current 0.37 

mg/i

daily rraxinirn

as established in prior variances to one per nonth subject to an absolute

limitation of 1.5 

mgll.

This Opinion constitutes the findings of fact and conclusions of law of

the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1)  Mobil Oil Corporation be granted variance from Chapter 3, Rules

408(a) and 1002 of the Board’s Rules and Regulations as they relate

to cyanide for Mobil’s petroleum refinery in Will County, Illinois

until

July 1, 1980 subject to the following conditions:

a)  Mobil’s effluent cyanide concentration shall be limited

to a rronthly average of 0.2 mg/i and a daily maxirri.xn of 0.37

mg/l, except: one excursion per rnnth above the 0.37 mg/I

daily rnaximu~nshall he allowed up to an absolute limit of 1.5

mg/I.

b) Mobil shall within 30 days of the date of this Order, suhriit to

the Agency an acceptable program, including a tine schedule,

that incorporates additional control measures into Mobil’s

existing treatment scheme as outlined in paragraph 12 of the

Agency’s recarmendation, filed Dec~rber13, 1978, and shall

utilize such control measures to the best of its ability to

eliminate future cyanide excursions.

c)  Mobil shall continue to subnit progress reports to the Agency

as required by previous variances for this facility.

d)  Within 45 days of the adoption of this Order, the Mobil Oil

Corporation shall execute and forward to the Illinois Environ-

mental Protection Agency, 2200 Churchill Road, Springfield,

Illinois 62706 a Certification of Acceptance and Agreement to

be bound to all temis and conditions of this Order. The 45 day

period shall he held in abeyance (luring any period this matter

is being appealed. The form of said certification shall be as

foil ows:

3 2—4 94

3

1, (We), 

____________________

having read and fully understanding the

Order of the Illinois Pollution Control Board in P03 77-277, hereby accept

said Order and agree to he bound by all of the terms and conditions thereof.

SIGNED

____________________________

TIThE 

__________________________

DATE ______________________________

2)  The Agency shall rrodify Mobil’s NPDES permit so as to he con-

sistent with the terms of this variance.

IT IS ~flc~DERFJ).

I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,

her by certify the above Opinion and Order were adopted on the 

/~~+

day of

1978 by a vote of 4/.~

~

Illinois Pollution Con  

oard

32—495