ILLINOIS POLLUTION CONTROL
BOARD
September
4,
1980
UNION OIL COMPANY OF CALIFORNIA,
Petitioner,
v.
)
PCB 80—124
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.D. Dumelle):
Union Oil is seeking
a second extension of a prior variance
from Rule 406 of the Illinois Pollution Control Board’s Rules and
Regulations, Chapter 3:
Water Pollution.
On September 29,
1977,
the Board granted
a variance until September
27,
1978
(see PCB
77-163).
On September 21,
1978,
this was extended to September
29,
1980
(see PCB 78—168).
Hearing was waived, and
none was
held.
The Environmental Protection Agency has recommended that the
variance be granted, subject to certain conditions.
On August
18,
1980, Union Oil filed a motion for extension of time to
respond to that recommendation.
That motion is granted, and the
Board has considered Union Oil’s response, which was filed on
August
25,
1980.
Union Oil owns and operates
a petroleum refinery, which is
the subject of this petition,
known as its Chicago Refinery,
located on an 860 acre tract of land at Lemont,
Illinois. The
refinery takes its influent from and discharges its effluent into
the Chicago Ship and Sanitary Canal
(Canal).
Union Oil’s present request is for a two year extension of
its variance with somewhat higher interim
ammonia
nitrogen weight
effluent limits
(688 pounds daily average and 1261 pounds daily
maximum)
than the currently applicable limits under PCB 78-168
(575 pounds daily average and 1260 pounds daily maximum).
These
higher limits are based upon the proposed U.S. EPA 1984 Best
Available Technology
(BAT) guidelines as published in the
December
21,
1979 Federal Register
(44FR 75926).
Union Oil argues that these higher limits are appropriate
because the rationale for the Rule 406 limitation of 3.0
mg/l
effluent discharge is no longer valid, based upon the improvement
in downstream dissolved oxygen levels.
It is true, as the Board
—2—
noted in PCB 78—168, that “the standard in this instance (3.0
mg/i)
is based upon a strategy for achievement and maintenance of
downstream dissolved oxygen.”
However,
as was pointed out in PCB
77—163, the LaGrange Pool in the Illinois River is
a critical
area for measuring that achievement. This is because ammonia
nitrogen discharged into the Canal has the delayed effect of
depleting dissolved oxygen levels downstream.
That effect is
most pronounced
in the LaGrange Pool area.
The present record does not include dissolved oxygen levels
in the LaGrange pool.
While the Petition includes levels for
Havana and near Valley City,
these levels may differ from the
pool.
The Agency in its recommendation gives the average as
2.8 mg/i and low as zero but gives the location only as
“downstream’t and may in fact mean the Canal itself and not the
Illinois River.
Therefore,
the Board rejects this argument.
Union Oil further argues that the Agency’s data does not
draw a correlation between dissolved oxygen and ammonia nitrogen
and that high BOD
levels may be responsible for the low
dissolved oxygen ~evels.
However,
simply because more than one
factor contributes to
a problem does not mean that any of the
factors should be ignored.
During the period of its variance granted in PCB
78—168,
Union Oil has progressed toward compliance with the state
standard and has demonstrated an ability
to maintain effluent
limits at or below
567 lbs/day average and 1002 lbs/day
maximum.
Therefore,
the Board finds that limits of 570 lbs/day
average and 1010 lbs/day maximum are appropriate.
The Board is reluctant to grant a third variance without
receipt of even a tentative compliance plan and schedule,
and
would not do so were it not for the technical difficulties
confronting Union Oil, the need for further research, and
apparent good faith efforts to develop such a plan and to come
into compliance.
The Board notes that during the course of the
existing variance, Union Oil has spent $728,000 attempting to
sustain nitrification through source control,
upgrading and
optimizing existing facilities,
and applied research on treatment
techniques.
Sources of high ammonia bearing sour water have been
identified and equipment installed to divert them to the sour
water strippers for ammonia removal. Steam/charge ratio
controllers were installed for optimum stripping rates.
A
cross—connection has been installed to decant oil from sour water
to improve stripping performance. Nitrification has been achieved
periodically with good results, but Union Oil has been unable as
yet to develop a consistently functioning system.
The Board finds that the environmental impact of granting
the variance is small
in that no more than 0.024 mg/i increase in
ammonia concentration will occur, compared to the general
concentration of 3.4 mg/l in the Sanitary and Ship Canal.
—3—
The Board, having
been advised of Union Oil’s problems and
progress in these areas,
finds that a denial of the variance
would constitute an arbitrary and unreasonable hardship.
Therefore,
the Board will grant a two year variance from
Rule 406,
subject to several conditions which are delineated
in the Order below.
This Opinion constitutes the Board’s findings of fact
and conclusions of
law in this matter.
ORDER
The Board hereby grants Union Oil Company of California
a variance from Rule 406 of Chapter
3:
Water Pollution,
of
the Board’s Rules and Regulations, beginning September 30,
1980,
and expiring September 29,
1982,
or upon full implementation of
the compliance program
(as set forth in Condition
6, below),
whichever comes first,
subject to the following conditions:
1.
Discharge of ammonia nitrogen into the Chicago Sanitary
and Ship Canal
shall not exceed a daily average of
570 pounds and a daily maximum of 1010 pounds.
2.
Petitioner shall continue its efforts to develop
a program to enable
it to comply with Rule 406.
Patitioner shall continue to pursue its research
efforts, including analysis of biological nitrification.
3.
Petitioner shall submit to the Agency quarterly
progress reports on its research efforts, detailing
with particularity what methods and systems are being
tried or considered.
These reports shall reflect the
ammonia nitrogen concentrations in petitioner’s effluent
discharge during the preceding three month period.
4.
Petitioner shall, no later than July
1,
1981, submit
in writing
to the Agency a preliminary technical
proposal and time schedule for compliance with Rule
406.
5.
Petitioner
shall, no later than January
1,
1982,
submit in writing to the Agency a final technical
proposal and time schedule for compliance with
Rule 406.
6.
Upon Agency approval of a proposed compliance plan
and schedule,
and upon timely application for and
receipt of all necessary permits,
the Petitioner
shall promptly implement its compliance plan.
—4—
7.
Within 45 days of the date of the order of the
Board granting the Petition for Variance, Petitioner
shall execute and forward to the Illinois Environmental
Protection Agency, Water Pollution Control Division,
2200 Churchill Road, Springfield, Illinois 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 of certification shall be as follows:
CERTIFICATION
Union Oil Company of California hereby accepts and agrees
to be bound by all terms and conditions of the Order of
the Pollution Control Board in PCB 80-124,
dated September 4,
1980.
Petitioner
~y
,
Title
Date
IT
IS SO ORDERED
authorized agent
I, Christan L.
Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Order
was~1doptedon the
441
day of ~
1980 by a vote
Q~stanL.Mof,cler~
Illinois Pollution Control Board
