ILLINOIS POLLUTION CONTROL BOARD
January 23, 1986
MARATHON PETROLEUM COMPANY,
Petitioner,
v.
)
PCB 85—83
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
MESSRS. JEFFREY E. FORT AND JOSEPH S. WRIGHT, JR. OF
MARTIN,
CRAIG, CHESTER & SONNENSCHEIN APPEARED FOR PETITIONERS;
MR. RICHARD C. WARRINGTON APPEARED FOR RESPONDENT.
OPINION AND ORDER OF THE BOARD (by J. Marlin):
This matter comes before the Board upon the June 18, 1985
filing by Marathon Petroleum Company (Marathon) of a petition for
extension of variance from the total dissolved solids (TDS)
(1,000 mg/i) and chloride (500 mg/i) water quality standards
(WQS) located at 35 Ill. Adm. Code 302.208. Marathon was ordered
to submit an amended petition on June 27, 1985. On August 8,
1985 a responsive filing was submitted. In response to a Board
Order dated September 5, 1985, Marathon submitted a filing
addressing whether relief could be granted consistent with
federal law. It was construed by the Board on October 10, 1985
as an amended petition. Marathon requests a five year
variance. The Illinois Environmental Protection Agency
recommends a grant of variance subject to conditions. A hearing
was held in Robinson, Illinois on October 22, 1985. No members
of the public were present.
Marathon owns an oil refinery in Robinson, Illinois which
has a capacity of 205,000 bbls/day. The 1980 refinery capacity
was 195,000 bbls/day. Marathon currently employs 638 persons.
Marathon owns and operates its own wastewater treatment
facilities. These facilities consist of two API separators, a
chemical flocculation unit, an air flotation unit, an aerated
surge basin, an activated sludge unit, a final clarifier, an
equalization pond to maintain a constant load on the tertiary
sand filters and a stormwater impoundment basin.
Discharge by Marathon pursuant to NPDES Permit No. 1L0004073
is to an unnamed tributary of Sugar Creek, to Sugar Creek, then
to the Wabash River. The unnamed tributary has a 7 day, 10 year
low flow of zero at the point of discharge from Marathon’s
facilities. Municipal and industrial wastewater discharges
account for an average flow of 5.58 cubic feet per second (cfs)
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in the tributary. Marathon contributes 3.5 cfs, while the two
upstream dischargers, the City of Robinson and Briggs
Manufacturing Company, discharge 2.00 cfs and 0.10 cfs,
respectively. The tributary is one—third to two—thirds of a foot
deep (Exh. C to Petition).
Marathon was granted a prior five year variance from the
equivalent of Section 304.105 (old rule 402 of Chapter 3) as it
applies to discharges causing violations of the TDS and chloride
WOS of Section 302.208 (formerly rule 203(f)) subject to
conditions (PCB 80—102, October 2, 1980). Interim effluent
limitations were 3500 mg/i TDS and 700 mg/i chloride. The
variance expired October 2, 1985. One of the conditions of the
variance was for Marathon to study the feasibility of:
1. separate treatment and disposal of high TDS waste
streams,
2. constructing a holding basin to retain the high TDS
water until it can be released during times of high
flow, and
3. obtaining low TDS water for dilution of the effluent
during times of low flow, including a study of whether
this would be a sound conservation practice.
Alternatives Studied
The Radian Study commissioned by Marathon addresses the technical
and economic feasibility of each. (Pet. Exh. 2). All three were
found to be technically feasible by Radian (Id. at 3—28).
The first alternative involves segregation of high TDS waste
streams by reverse osmosis. The literature search conducted by
Marathon identified advances in membrane technology for reverse
osmosis (Pet. Exh. 1 at 2, 3, 4). The search also identified
problem areas such as brine disposal and expensive pretreatment
to control membrane fouling (Id. at 4). The Radian study
concurred and pointed out that one of the constituents of
refinery effluent, oil, is a prime membrane fouler (Pet. Exh. 2
at 3—11). Capital costs for the first alternative were $1.3
million. The $1.3 million figure includes the purchase of 15
surface acres of land for construction of a 10 million gallon, 20
foot deep pond. If the brine residue was to be deep well
injected, the cost would rise to $2.6 million. Annual operating
and maintenance costs were estimated at $270,900 with the ponds
and $299,100 with deep well injection (Pet. Exh. 2, Table 3—4 at
3—16). If the brine is not deep well injected, it would be
stored in the pond and released during high flow events. The
study reports, however, that the land for such a pond is not
readily available at the refinery. The pond size could be
reduced to 2.5 million gallons if deep well injection is used
(Id. at 3—17). Marathon asserted that the concentrated brine is
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more toxic than the normal discharge (Id. at 3—28). Marathon does
not consider deep well injection a proper disposal method.
The second alternative consists of segregation of high TDS
waste streams, storage of it in a pond, and its discharge during
high flow events. Marathon asserts that the problem with this
alternative is that the exact modifications to the existing
system and the attendant costs are difficult to predict.
Therefore, the costs of this alternative as presented by the
study were based on a new separate system (Pet. Exh. 2 at 3—
18). The capital cost for this alternative is $5.6 million, $4.4
million of which is for land for a 10 million gallon pond. As
discussed in alternative 1, this land is not readily available.
Annual operating and maintenance costs would be $212,000 (Id. at
3—21, Table 3—5).
The third alternative involves the pumping of ground water
to dilute the treated TDS discharge. New pumps would be needed
as well as a new five mile, fourteen—inch diameter pipeline. The
$1.7 million capital cost does not include expansion of the
existing gravel pit or, if needed, the digging of a new well on
the refinery site. Annual operating and maintenance costs would
be $80,000 (Pet. Exh. 2, Table 3—6 at 3—24). The study authors
concluded that “the principle of using pristine ground—water
resources to improve the quality of a short stream segment...is
not considered a wise use of resources....” (Id. at 3—25, 3—26).
Water Quality
Marathon submitted TDS and chloride data for the tributary
in graph form for the years 1979 through December 1984, roughly
accounting for most of the prior variance period. The results
show consistent exceedences of the 1,000 mg/i TDS WQS at Outfall
001 (Exh. D—l to Petition). Exceedences of the 500 mg/i chloride
WQS also are shown in the tributary at Outfall 001 but none
downstream in Sugar Creek (Id., Exh. D—2).
The Agency’s 1978 study showed average TDS levels one and
one half miles downstream of Marathon’s discharge were in excess
of 1900 mg/i, and chloride levels averaged 400 mg/i. (Resp. Exh.
A, Agency Rec. at 5). The Agency also furnished the Discharge
Monitoring Report data for TDS and chloride for Marathon’s
Outfall 001 for February 1984 through July 1985. The interim
maximum TDS effluent limitation was not exceeded while the
interim chloride limitation was exceeded twice (Agency Rec. at
4). The monthly TDS effluent averages all exceeded 1,000 mg/i.
Two chloride monthly averages exceeded the WQS of 500 mg/i
(Agency Rec. at 4).
No exceedences of the TDS or chloride WQS have been shown to
exist downstream in the Wabash River.
The Radian Study reported a range of 326 to 1063 mg/i TDS
upstream of the Marathon outfall (Pet. Exh. 2 at 4—8). The study
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estimated that without the discharges of the City of Robinson and
Briggs Manufacturing, the natural tributary TDS concentration
would approximate 250 mg/i. Id. If only the Marathon discharge
was terminated, the authors estimated that the instream tributary
TDS would exceed the WQS 35 percent of the time (Id. at 4—9).
The statements in the record claim that there are no human
uses of the tributary such as swimming, fishing, and boating and
that, therefore, there is minimal adverse effect to human health
or human activities.
No known survey of the biological community of the tributary
exists other than a 1976 biological investigation by the Illinois
Natural History Survey wherein stream degradation was found
downstream of the City of Robinson’s and Marathon’s discharges
(Exh. H to Pet., PCB 80—102, October 2, 1980 Opinion at 2). To
supplement the paucity of data on the tributary biota, the Radian
authors cite two USEPA Water Quality Criteria documents. The
first states that TDS becomes unsuitable for most freshwater fish
at 15,000 mg/l (EPA Quality Criteria for Water, #EPA—440/9—76—
023, 1976 as cited in Pet. Exh. 2 at 4—li). A prior document
from the National Academy of Sciences to the USEPA stated that
the “TDS level that will affect freshwater fish by osmotic stress
is between 5,000—10,000 mg/i depending on the species and prior
acclimatization.” (EPA Water Quality Criteria 1972, EPA—R3—73—
033 as cited in Pet. Exh. 2 at 4—13). The Radian authors
conclude that the tributary levels under worst possible
conditions would not exceed 2000 (Pet. Exh. 2 at 4—l2&l3).
Discussion
Based on recent correspondence from the USEPA in two
regulatory proceedings, the Board by Order dated September 5,
1985 directed the parties to address whether the Board could
grant site—specific or variance relief pursuant to the Clean
Water Act (33 U.S.C. § 1257 et. seq.) (CWA), specifically
Sections 303 and 510 (Id., §S 1313 and 1370). Upon meeting with
the USEPA, the Agency represents that variances can be granted
consistent with the Clean Water Act. This position is based on a
November 1977 Memorandum of Agreement between the Agency and the
USEPA. The underlying rationale is that a variance only involves
a temporary relaxation of compliance with the WQS and that
ultimately compliance is required. Marathon correctly argues
that such a variance thus is not a new or modified WQS within the
meaning of Section 303 of the CWA and does not have to be
submitted to USEPA for approval. Recently the Board has granted
a variance from the TDS and chloride WQS. Borden Chemical
Company v. IEPA, PCB 82—82 (December 5, 1985). The Board need
not address the other arguments presented for the disposition of
this case.
Marathon alleges that to require it to comply with the TDS
and chloride WQS would impose an arbitary or unreasonable
hardship (Petition at 8). First Marathon states that there is no
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economically reasonable and technologically feasible means to
accomplish compliance. Second, that its effluent causes no
injury to or interference with the public health, safety, and
welfare. Third, that permitting its discharge even though it
exceeds the WQS would have no significant adverse environmental
impact on the Sugar Creek drainage area to the Wabash River (Id.
at 8—9).
Marathon’s first argument is inconsistent with the Radian
Study’s conclusions that all three alternatives are
technologically feasible means for Marathon to comply with the
WQS (Pet. Exh. 2 at 3—28). If Marathon’s effluent meets the WQS
it would be in compliance with Section 302.208. The issue of
compliance with Section 304.105 is another matter. If Marathon’s
effluent did not meet the WQS at the pipe a fair reading of
Section 304.105 would find it contributing to a violation.
As to the economic reasonableness of requiring Marathon to
comply, the $5.6 million price tag of alternative two is high.
The cost of alternative three is high and ~zouldinvolve an
unacceptable use of groundwater. Alternative one appears
promising in light of the advances in reverse osmotic membrane
technology in recent years. However, it could involve injecting
hazardous brine waste into the ground. Marathon asserts the land
needed for the alternative of pond storage is “not readily
available.”
In any future variance or site—specific proceeding, Marathon
is to submit economic data on itself and the Robinson plant.
This will help to place the cost of compliance in perspective.
Based on this record, one cannot reach reliable conclusions
regarding the exact impact of Marathon’s discharges on the
environment. It is clear, however, that the receiving tributary
is degraded and suffers water quality violations. Marathon’s
assertions do not appear to be adequately supported.
In any future proceeding, the Board expects that Marathon
will present more complete data on the stream and alternate
compliance or mitigation options. Basing assumptions about TDS
on one sample at the Robinson Sewage treatment plant is
unacceptable. The Board will also expect consideration of
variants to alternative one which would decrease TDS and chloride
levels in the stream during the periods of lowest flow. It is at
this time that aquatic life requires the most protection. It is
conceivable that a smaller pond for two month’s storage or
removal of less TDS from another wastestream could be beneficial
to the stream even if total compliance was not achieved.
The Board does not accept Marathon’s contention that a
compliance plan is in place. Therefore, as a condition of the
variance, Marathon will be ordered to submit a complete proposal
for site—specific regulatory relief by a date certain or a plan
schedule for compliance. The Board cautions Marathon,
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however, that questions have been raised by USEPA about relief
from a water quality standard on site specific rules.
The Board finds that compliance, with the TDS and chloride
WQS of Section 302.208 would impose an arbitrary or unreasonable
hardship at this time, considering the environmental impact.
The Board hereby grants Marathon a variance for Outfall 001 at
its Robinson refinery from the TDS and chloride WQS of 35 Ill.
Adm. Code 302.208. To the extent requested (Pet, at 10), the
Board grants relief from 35 Ill. Adm. Code 304.105. The variance
will be for a period of five years, upon obtaining site—specific
regulatory relief or coming into compliance. If Marathon does
not propose a compliance schedule or apply for site specific
relief by February 1, 1987 the variance will terminate. These
cdnditions and those that follow will assure compliance either
through a regulatory change or through the installation of
compliance technology.
Should Marathon not receive relief from the WQS in a site—
specific proceeding, it shall submit a compliance plan to the
Agency within 60 days of denial of site specific relief and come
into compliance by the end of the variance period. The interim
effluent limit of 3500 mg/i TDS will be reduced to 2500 mg/i.
While in August 1982 the effluent measured 3805 and 4588 mg/i
TDS, the other values approximated 2500 mg/i. The 1983, 1984,
and 1985 values support the lowering of the 3500 mg/i TDS interim
effluent standard to 2500 mg/i (Exh. D—i to Petition). Other
conditions, none of which have been objected to by Marathon, will
be included in the Order.
The dates in the Order have been changed from those in the
Agency Recommendation where appropriate. Because the original
petition was timely filed and delays were beyond Marathon’s
control, this variance shall begin on October 2, 1985.
This concludes the Board’s findings of fact and conclusions
of law in this matter.
ORDER
Marathon Petroleum Company is granted a variance from the
TDS and chloride WQS of 35 Ill. Adm. Code 304.105 as it relates
to the TDS and chloride water quality standards of Section
302.208 for Outfall 001 at its Robinson, Illinois refinery
subject to the conditions below:
1. Variance shall begin on October 2, 1985.
2. Variance shall expire on October 2, 1990 or upon
Marathon obtaining a site—specific regulatory change,
whichever occurs first. However, in the event that
Marathon does not file for a site specific rule change
or file a compliance schedule with the Agency by
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February 1, 1987 this variance will terminate on that
date.
3. Marathon shall:
a) conduct an investigation by November 30, 1986 of
the aquatic biological community in the Sugar Creek
Tributary to confirm or refute the studies by the
Illinois Natural History Survey and the Agency in
1976 and 1978.
b) conduct sampling of the Sugar Creek Tributary to
determine representative background levels of TDS
by November 30, 1986.
c) Submit the data in (a) and (b) above and any other
necessary data including updated literature
reviews, a TDS/chloride control study and any pilot
plant experiments in support of a rule change, as
well as a proposal for a rule change or a
compliance schedule, by February 1, 1987.
4. Should relief in the site specific proceeding be denied,
Marathon shall, within 60 days from the date of the
denial or two years before the expiration of the
variance, submit a plan to the Agency to come into full
compliance by the expiration date of the variance.
5. Variance shall apply only to Outfall 001 which shall be
limited during the period of the variance as follows:
Chloride
700 mg/i
TDS
2,500 mg/i
6. Marathon shall operate its existing treatment facilities
so as to minimize its discharge of chloride and TDS
below the limits of 5 above if possible.
7. Marathon shall execute and forward to James C. Frost,
Illinois Environmental Protection Agency, Compliance
Assurance Section, Division of Water Pollution Control,
2200 Churchill Road, Springfield, Illinois 62706, and to
the Pollution Control Board within twenty—eight days
after the date of the Board Order herein a Certificate
of Acceptance and Agreement to be bound to all the terms
and conditions of the Variance, the form of said
Certificate to be as follows:
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CERTIFICATION
Marathon Petroleum Company, an Ohio corporation, has received and
understands the Order of the Illinois Pollution Control Board in
PCB 85—83 dated January 23, 1986 and hereby accepts said Order
and agrees to be bound to all of the terms and conditions
thereof.
Petitioner
By: Authorized Agent
Date
Title
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinon and Order was
adopted on the
__________________
day of
___________________,
1986
byavoteof
-7-o
.
/
Dorothy M. Günn, Clerk
Illinois Pollution Control B~~I
67-520