ILLINOIS POLLUTION CONTROL BOARD

October 5, 1982

UNION OIL COMPANY

OF CALIFORNIA,

Petitioner,

PCB 82—87

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD (by J,D. Dumelle):

This matter comes before the Board upon a June 28, 1982

petition for variance filed by Union Oil Company of California

requesting a two—year renewal of its current variance from

Rule 406 of Chapter 3 (now §304.122(b) of 35 Ill. Admin.

Code, Subtitle C: Water Pollution), as it relates to the

3.0 mg/i ammonia nitrogen effluent standard applicable to Union’s

Chicago Refinery discharge into the Chicago Sanitary and

Ship Canal.

On August 27, 1982 the Illinois Environmental Protection

Agency (Agency) filed a recommendation that variance be granted

subject to certain conditions, Union filed a response to that

recommendation on September 9, 1982. Hearing was properly

waived and none was held. While the Village of Romeoville

filed an objection to the variance on July 23, 1982, that

objection was later withdrawn.

Union owns and operates a petroleum refinery located in

Lemont in Will County with a rated capacity of 150,000 barrels

of crude oil per day, almost all of which is sour crude

which is high in nitrogen content and contributes to the high

ammonia nitrogen levels in its wastewater discharge.

Approximately 3.46 million gallons per day (MGD) of process

wastewater and contaminated surface runoff are treated in

Union’s wastewater treatment plant which consists of flow

equalization and storm basin, two API separators, a primary

clarifier, activated sludge basin and a polishing pond.

Union has been granted three previous variances from

the ammonia nitrogen effluent limitation of §304.122(b)

(PCB 77—163, PCB 78—168 and PCB 80—124). In PCB 80—12

(39 PCB 438, September 4, 1980) variance was granted until

September 29, 1982, subject to certain conditions including a

daily average ammonia nitrogen effluent limitation of

570 pounds and a daily maximum of 1,010 pounds.

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During the most recent variance period Union’s daily

average discharge of ammonia nitrogen has varied from 146 pounds

(October, 1981) to 547 pounds (February, 1982) while the mini-

mum has been 24 pounds (November, 1981) and the maximum has

been 1,001 pounds (January, 1981). During this time period

an average reduction of 4,6 mg/i (23) from the influent

levels was achieved. However, the lowest average monthly

discharge concentration was 6,0 mg/i, considerably in excess

of the §304,122(b) standard,

Union has expended considerable time and effort in a

good faith attempt to reach ultimate compliance with the

ammonia nitrogen standard, Its wastewater plant is currently

valued at over 32 million dollars and the present operating

cost is 1.8 million dollars per year. It has achieved a 72

reduction in the ammonia nitrogen concentration of its treated

effluent water since 1973 through source control, upgrading

facilities and applied reseach on treatment techniques. Three

sour water strippers (worth 4.4 million dollars) constitute

the primary means of ammonia control, but also result in

excursions during periods of malfunction, However, Union

indicates that projects to improve their efficiency have

been ongoing during the present variance period as have

other projects inculding the use of mutant nitrifying bacteria,

and alkalinity and temperature control at a cost of $588,000.

Union intends to continue work on these projects which

show promise during the extended variance period at a cost

of approximately $250,000, but alleges that present technology

does not exist to enable it to project a compliance schedule,

Union alleges, and the Agency does not disagree, that the

environmental impact of a variance extension will be minimal

in that ammonia nitrogen concentration in the Chicago Sanitary

and Ship Canal will be increased by less than 2 due to its

discharges. However, a sampling station five miles downstream

of Union’s discharge point shows numerous dissolved oxygen

violations and other downstream monitoring points have also

shown some violations, such that Union may contribute to an

increase in such violations, This contribution could be offset

by the implementation of aeration,

Given that the environmental impact of the requested

discharge is small, and can be offset by aeration, and that

the technology does not appear to exist to reach compliance, the

Board finds that denial of variance would constitue an arbi-

trary and unreasonable hardship, and an extension of the vari-

ance will be granted, subject to certain conditions.

The only condition to which Union seriously objects is

that which imposes interim ammonia nitrogen effluent limitations

tighter than those imposed upon the previous variance. The

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Agency recommends that these be set at a monthly average of

550 pounds per day and a daily maximum of 900 in order to

avoid backsliding, Based upon the data available for the

last two years, and taking into consideration the substantial

variability demonstrated by those data, the Board will impose

limitations of 550 pounds per day as a monthly average and

1,010 pounds per day maximum.

The Board notes that Union will have been operating

under four variances for more than a five—year period

without having presented a compliance plan. The reason

is that the technology does not presently exist to reasonably

reach compliance. However, seriatim variances are not intended

to act as substitutes for a site—specific regulation. Therefore,

the Board will require that a compliance plan be submitted

by May 1, 1984. If no such plan is feasible by then, Union

should consider the proposal of a site—specific regulatory

change.

This Opinion constitutes the Board’s findings of facts

and conclusions of law in this matter.

ORDER

Union Oil Corporation is hereby granted a variance from

Section 304.122(b) of 35 Ill, Admin. Code, Subtitle C: Water

Pollution, until September 29, 1984 subject to the following

conditions:

1. Union’s ammonia nitrogen effluent discharge shall

not exceed a monthly average of 550 pounds per day

or a daily maximum of 1,010 pounds during the period

of this variance;

2. Union shall continue efforts to develop a program

which will result in compliance with Section 304.122(b)

of Subtitle C;

3. Union shall continue to submit quarterly reports

to the Agency outlining its efforts to achieve

compliance with Section 304.122(b) of Sutitle C;

4. Union shall, by May 1, 1984, provide the Agency

with a written technical proposal and time sched-

ule for compliance with Section 304,122(b) of

Subtitle C;

5. Within 60 days of the date of this Order, Union

shall submit an analysis of the level of dissolved

oxygen depletion caused by its ammonia nitrogen dis-

charge to the Chicago Sanitary and Ship Canal and

a plan to replace the amount depleted through aeration

of its discharge or in—stream aeration and shall implement

such plan within 270 days of the date of this Order; and

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6. Within 45 days of the date of this Order, Union

shall execute and forward to the Board and to

the Illinois Environmental Protection Agency,

Compliance Assurance Unit, Water Pollution Control

Division, 2200 Churchill Road, Springfield, Il-

linois 62706, a Certification of Acceptance and

Agreement to be bound to all terms and conditions

set forth in the Order. The 45—day period shall

be held in abeyance during any period in which this

matter is being appealed. The form shall be as

shown below:

CERTIFICATION

I (We), _______________________

_______,

hereby accept(s)

and agree(s) to be bound by all terms and conditions of the

order of the Pollution Control Board in PCB 82—87, dated

October 5, 1982.

Petitioner

By: Authorized Agent

Titie

Date

IT IS SO ORDERED.

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

Control Board, hereby certify ~hat the above Opi7ni9n and

Order were ado~ted on the

~4 ‘~

day of__~~,

1982

by a vote of

~

L

~

t~.

Christan L. Moffett, ~‘Clerk

Illinois Pollution ntrol Board