ILLINOIS POLLUTION CONTROL BOARD
December 4, 1997
IN THE MATTER OF:
)
)
SITE SPECIFIC PETITION OF MOBIL OIL
)
R97-28
CORPORATION FOR RELIEF FROM
) (Rulemaking - Water)
35 ILL. ADM. CODE 304.122, AMMONIA
)
NITROGEN EFFLUENT STANDARDS
)
Proposed Rule. Second Notice.
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
This matter comes before the Board upon a petition for rulemaking filed by Mobil Oil
Corporation (Mobil) on April 24, 1997. Mobil requests that the Board’s effluent regulations,
as applicable to Mobil’s refinery near Joliet, be amended to provide site-specific ammonia
nitrogen effluent standards for Mobil’s discharge to the Des Plaines River.
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). More generally, the Board's rulemaking charge is based on the system of checks and
balances integral to Illinois environmental governance: the Board bears responsibility for the
rulemaking and principal adjudicatory functions; the Illinois Environmental Protection Agency
(Agency) has primary responsibility for administration of the Act and the Board's regulations,
including the regulations today proposed for amendment. The Agency has indicated that it
supports adoption of the proposed amendments. Tr. at 12.
By today's action the Board adopts the proposed amendments for second notice,
pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-1
et seq
. (1996)). The
amendments as today adopted are identical to those proposed for first notice, with the
exception of several small, non-substantive items suggested by the staff of the Joint Committee
of Administrative Rules (JCAR).
BACKGROUND
Mobil owns and operates a petroleum refinery (Joliet Refinery) located near the Des
Plaines River in western Will County, approximately 10 miles southwest of Joliet. The
refinery, which began operations in 1973, is Mobil’s newest domestic refining facility. Pet. at
4. It has a rated capacity of 200,000 barrels of crude oil throughput per operating day and
employs 575 persons. Pet. at 4. Products include motor gasolines and distillate fuel oil,
kerosene jet fuel, propane, petroleum coke, sulfur, and some heavy fuel oil. Pet. at 4.
2
Water is used for various processes within the refinery. Waste process water, plus
contaminated surface run-off, is processed through an on-site waste water treatment plant
(WWTP) at an average rate of approximately 1900 gallons per minute. Pet. at 5. Discharge
is to the Des Plaines River via an outfall nominated Outfall 001. Mobil holds a National
Pollution Discharge Elimination System (NPDES) permit for this discharge. The ammonia
nitrogen concentration of this discharge is the subject matter of the instant proceeding.
REGULATORY BACKGROUND
The Board has promulgated various regulatory provisions that govern effluent
discharges. Among these are provisions related to the discharge of ammonia nitrogen to the
Illinois River, the Calumet River System, and parts of the Des Plaines River, as found at 35
Ill. Adm. Code 304.122. Subsection 304.122(b) contains the provision applicable to the Joliet
Refinery. In pertinent part, Subsection 304.122(b) provides that:
Sources . . . whose untreated waste load cannot be computed on a population
equivalent basis comparable to that used for municipal waste treatment plants
and whose ammonia nitrogen discharge exceeds 45.4 kg/day (100 pounds per
day) shall not discharge an effluent of more than 3.0 mg/l of ammonia
nitrogen.
The 3.0 mg/L standard of Section 304.122(b) applies to monthly average samples, as specified
at 35 Ill. Adm. Code. 304.104(a)(1).
In 1988 the Board granted Mobil a site-specific rule to supplant temporarily the Section
304.122(b) rule.
1
This site-specific rule, found at 35 Ill. Adm. Code 304.214, provided
ammonia nitrogen discharge limits for Mobil’s Joliet Refinery of 20 mg/L measured as a
monthly average and 35 mg/L measured as a daily composite. Section 304.214 expired by its
own terms on December 31, 1993. However, Section 304.214 has not been repealed, and thus
still remains within the corpus of the Board’s regulations.
Prior to the expiration of Section 304.214, Mobil petitioned the Board for a variance
from the underlying regulation at Section 304.122. The Board granted the variance on March
3, 1994.
2
This variance was scheduled to terminate on March 3, 1998, and, among other
matters, required that if Mobil were to seek new and permanent site-specific relief, it do so by
May 3, 1996. During the period of this variance, ammonia nitrogen discharges were capped
at a maximum of 13 mg/L measured as a monthly average and 26 mg/L measured as a daily
maximum.
1
In the matter of: Proposal of Mobil Oil Corporation to Amend the Water Pollution
Regulations (January 7, 1988), R84-16.
2
Mobil Oil Corporation v. Illinois Environmental Protection Agency (March 3, 1994), PCB
93-151.
3
On August 15, 1996, the Board granted Mobil a variance modification that extended
the end date of the variance until March 3, 1999, and extended the date for filing for standards
alternative to those at Section 304.122(b) until May 3, 1997.
3
With the filing of the instant
petition, Mobile has complied with the filing date requirement.
In the instant proposal Mobil requests that ammonia nitrogen effluents limits applicable
to the Joliet Refinery be permanently set at 9.0 mg/L measured as a monthly average and 23.0
mg/L measured as a daily maximum. Mobil further requests that this proposal be effectuated
by reactivation of Section 304.214, with the new effluent limits replacing the old, and with the
old expiration date deleted.
PROCEDURAL HISTORY
A public hearing in this matter was held before hearing officer Audrey Lozuk-Lawless
in Bolingbrook, Illinois, on July 2, 1997. Mobil presented three witnesses: Lilliana Gachich,
Environmental Advisor employed by Mobil; James E. Huff of Huff & Huff, Inc.; and John H.
Koon of Parsons Engineering Science, Inc.
Mobil filed a post-hearing brief on July 28, 1997. The record in this matter was
scheduled to close on July 28, 1997. On August 6, 1997, the Environmental Bureau of the
Illinois Attorney General’s office filed a motion for leave to file comments instanter and
accompanying comments. PC 1. On August 11, 1997, the hearing officer issued an order
granting the motion instanter and accepting the comments. Given the technical nature of the
comments, and to allow response from the Agency and Mobil, the hearing officer extended the
time the record would remain open until August 25, 1997.
By order of September 18, 1997, the Board adopted Mobil’s proposal for first notice.
First notice publication occurred in the
Illinois Register
, Vol. 21, Issue 41, October 10, 1997,
at p. 13500 et seq.
The first notice rule as adopted by the Board was substantially identical to that
proposed by Mobil, with the exception of proposed termination (sunsetting) of the rule on
December 21, 2007. The Board declined at first notice to require that Mobil install
breakpoint chlorination, as urged by the Attorney General but opposed by the Agency.
4
Two public comments were filed during the first notice comment period, one each by
Mobil (PC 4) and the Agency (PC 5). Both urge adoption of the amendments as proposed for
first notice, including adoption of the ten-year sunset provision.
3
Mobil Oil Corporation v. Illinois Environmental Protection Agency (August 15, 1996), PCB
96-218.
4
See pages 5-6 of the Board’s September 18, 1997 opinion and order.
4
JUSTIFICATION
Environmental Considerations
Mobil believes that the environmental impact of the proposed ammonia nitrogen load in
the Des Plaines River will be insignificant. Pet. at 12. Mobil presented a study conducted by
Huff & Huff, Inc. indicating that at the proposed standards, continued discharge of ammonia
nitrogen would not significantly change the levels of ammonia nitrogen in the Des Plaines or
Illinois Rivers, nor would it threaten water quality or the aquatic community in those rivers.
Mobil’s contention is based principally on the relatively large amount of dilution that is
available in the receiving waterway, the relatively small size of the discharge plume, and speed
with which mixing occurs. Exh. 5. On this basis, Mobil concludes that discharge under the
terms of the proposed site-specific standards will not cause violation of the in-stream water
quality standards either at the point of discharge or downstream. Pet. at 12-13.
It is noteworthy that at the point at which discharge to the Des Plaines River occurs,
the river is classified as a secondary contact waterway. 35 Ill. Adm. Code 303.441(i). The
applicable water quality standard for secondary contact waters is 0.1 mg/L of un-ionized
ammonia nitrogen. 35. Ill. Adm. Code 302.407. Mobil contends that it could discharge total
ammonia nitrogen at concentrations as high as 70 mg/L in the summer and 243 mg/L during
the winter, and still maintain compliance with the water quality standard at the edge of a
mixing zone. Exh. 5 at 17-18.
The secondary contact portion of the Des Plaines River extends downstream as far as
the I-55 bridge (35 Ill. Adm. Code 303.441(i)), which is approximately 1,000 feet
downstream from Mobil’s 001 outfall (Tr. at 53). Mobil contends that its proposed discharges
would not cause violation of the ammonia general use water quality standards applicable
downstream from the I-55 bridge. Tr. at 52.
Ms. Lilliana Gachich also testified that the water conservation efforts at the Joliet
refinery inevitably result in a more concentrated effluent. Exh. 1. Mobil lessens the water
discharge to the sewer by increasing in-plant water reuse and increasing cooling tower
recycling. Exh 1. This highly concentrated effluent may impede the treatment because there
is less dilution in the discharge water than is typical for similar plants. Tr. at 15.
Nevertheless, Mobil contends that from an environmental perspective, it is behooved to
practice water concentration. Tr. at 15.
The Agency did not comment specifically on the environmental aspects of Mobil’s
proposed standard.
Economic Considerations and Alternative Technologies
Mobil has not been able to consistently comply with the Board’s effluent standards due
to an unstable nitrification process. Pet. at 2. However, Mobil has not found a
5
technologically reasonable and economically feasible ammonia nitrogen treatment system to
meet the required standard consistently.
Mobil evaluated alternative technologies to meet the Board’s ammonia nitrogen
standard, and found that each has significant capital and operating costs. Mobil has already
expended $7.78 million on an Ammonia Optimization Study and related equipment upgrades to
its treatment facility to meet the Board’s effluent standards. Pet. at 13. Those expenditures
have cost Mobil an average of $16/lb of ammonia removed. However, the incremental cost to
remove ammonia beyond the upgraded BAT system would be disproportionate, costing
$421/lb. Mobil estimates that this would increase capital costs $920,000, and increase
operating costs $1.4 million. Pet. at 14. Furthermore, Mobil claims that “the other
technologies will not be effective since the inhibition appears to arise also within the
wastewater treatment system itself and not as a result of other waste streams.” Pet. at 13.
Sunset Provision
At first notice the Board proposed that the instant site-specific rule terminate by its own
terms after ten years. The Board noted that Mobil has been able to comply with progressively
lower ammonia discharge limits over the roughly ten-year history of this matter (e.g., 20 mg/L
in the 1988 site-specific rule, 13 mg/L in the variance currently applicable, and 9 mg/L in the
instant proposal). On this basis the Board proposed that this matter be revisited in another ten
years to see whether today’s requested discharge limits continue to be appropriate at that future
time. Further, the Board requested that the participants address this issue of sunsetting of the
proposed rule in first notice comments. See September 19, 1997, opinion and order at p. 6-7.
Mobil and the Agency have commented.
Mobil observes that although it “believes that it has amply proved its case for
permanent relief and believes the record before the Board and the Board’s opinion reflect that
level of proof, Mobil does not object to the proposed sunset provision.” PC 4 at 1. On this
basis, Mobil urges that the first notice regulation be adopted as proposed.
The Agency also supports addition of the sunset provision, observing:
. . . the Illinois EPA notes that the termination date of December 31, 2007
would allow the passage of two five-year permitting cycles. During this time
frame it is possible that new technology to treat ammonia nitrogen may
become available, so revisiting the ammonia nitrogen issue in ten years
would be beneficial. PC 5 at 1.
6
Federal Consistency
According to Mobil, the “Joliet Refinery’s WWTP effluent parameters meet or are well
below all federal effluent guidelines and standards for the appropriate petroleum refinery point
source subcategory (40 CFR 419, Subpart B - Cracking Subcategory).” Pet. at 14. The flow
rate used to derive the Best Available Technology (BAT) effluent values for a refinery the size
and configuration of Joliet’s is 5200 gallons per minute (gpm), where the Refinery’s current
flow rate is 1900 gpm, with a maximum hydraulic flow rate of 2500 gpm. The calculated
BAT ammonia limit is 956 lbs/day monthly average and 2104 lbs/day daily maximum, where
the Refinery’s current is 205 - 270 lbs/day. Pet. at 14.
CONCLUSION
The Board believes that Mobil has presented evidence warranting continuing
consideration of this matter. Accordingly, we today find that the record before us justifies
adopting the proposal for second notice.
ORDER
The Board hereby proposes for second notice the following amendments to 35 Ill. Adm.
Code 304.214. The Clerk of the Board is directed to file these proposed rules with the Joint
Committee on Administrative Rules.
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
7
304.126
Mercury
304.140
Delays in Upgrading (Repealed)
304.141
NPDES Effluent Standards
304.142
New Source Performance Standards (Repealed)
SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL
APPLICABILITY
Section
304.201
Wastewater Treatment Plant Discharges of the Metropolitan Sanitary 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
UNO-VEN 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].
8
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.
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 R86-17B
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 R 88-21(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. 11574, effective July 7, 1994; 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 R97-28 at 21 Ill.
Reg. _____, effective _______________________.
BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1,
1994.
PART 304
EFFLUENT STANDARDS
SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS
NOT OF GENERAL APPLICABILITY
Section 304.214 Mobil Oil Refinery Ammonia Discharge
9
a)
This Section applies to discharges from Mobil Oil Corporation’s Refinery, located near
Joliet, into the Des Plaines River.
b)
The requirements of Section 304.122(b)
shall
do not apply to Mobil’s discharge.
Instead Mobil’s discharge
shall
may not exceed the following limitations:
CONCENTRATION
CONSTITUENT (mg/l)
Ammonia Nitrogen
Monthly Average
20 9.0
Daily
Composite Maximum
35 23.0
c)
Section 304.104(a)
shall
does not apply to this Section. Monthly average and daily
composites are as defined in Section 304.104(b).
d)
Mobil shall monitor the nitrogen concentration of its oil feedstocks and report on an
annual basis such concentrations to the Agency. The report shall be filed with the
Agency by January 31 of each year.
e)
The provisions of this Section shall terminate on December 31, 19932007
.
(Source: Amended at 21 Ill. Reg. , effective )
IT IS SO ORDERED.
Board Member Kathleen M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
certify that the above opinion and order was adopted on the 4th day of December 1997, by a
vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board