ILLINOIS POLLUTION CONTROL BOARD
October
2, 1980
MARATHON
OIL COMPANY,
)
Petitioner,
V.
)
PCB 80—102
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by D. Satchell):
This matter comes before the Board upon
a variance petition
filed May 9,
1980 by Marathon Oil Company
(Marathon)
an Ohio
corporation qualified and authorized to do business in Illinois.
The petition requests for five years
a variance from the chloride
and total dissolved solids
(TDS)
water quality standards of Rule
203(f)
of Chapter
3:
Water Pollution
(Rules),
as that rule
applies to discharges from Marathon’s petroleum refinery near
Robinson, Crawford County.
On June
12, 1980 the Environmental
Protection Agency
(Agency)
recommended that the variance be grant-
ed with conditions.
On June
18,
1980 Petitioner filed an objec-
tion and renewed request for hearing.
On August 6,
1980 the
Agency filed an amended recommendation, recommending a grant of
the variance with modified conditions.
On August
19,
1980 Mara-
thon withdrew its request for a hearing and on August 29,
1980
filed an affidavit in support of its petition.
No hearing was
held and the Board has receivedno public comment.
The Agency’s
motions for leave to file the recommendation and amended recom-
mendations are granted.
Marathon’s August 29,
1980 affidavit is
an amendment to the petition which will fix the filing date for
the purposes of the decision period.
Marathon operates a crude oil refinery on the eastern edge
of Robinson, Crawford County.
The facility is situated within
Sections
34,
35 and 36 of
T.
7 N.
and Sections
2 and
3 of T.
6
N.,
R.
6 W.,
2 PM
(Ex. A).
The refinery has
a capacity of about
195,000 barrels of crude oil per day.
It employs 678 personnel
with an average weekly payroll of $350,000.
It pays about $3
million annually in state and local taxes and purchases local
goods and services having a value of $5 million approximately
(Pet.
2).
Marathon possesses for the facility NPDES permit 1L0004073
which became effective April
20,
1979 and which will expire Septem-
ber 30, 1980.
The permit requires that Marathon’s discharge not
cause violation of the chloride or TDS water quality standards of
Rule 203(f).
A major source of these contaminants is chloride
—2—
salts in crude oil.
Marathon operates
a wastewater treatment
system in connection with the refinery.
This system consists of
two
API
separators operated in parallel, a chemical flocculation
unit followed by an air flotation unit,
an aerated surge basin
followed by an activated sludge basin with final clarification,
an equalization pond which maintains a constant load on the
tertiary sand filters
and
a storm water impoundment basin with
recycle to the aerated surge basin.
Marathon’s refinery provides
no treatment for TDS or chloride.
Discharge from the treatment system, apparently identified
as outfall 001 in the permit,
is to an unnamed ditch in the NE
¼
of NE
¼
of Sec.
35.
T.
7 N.,
R.
12 W.,
2 PM
(Pet.
2,
5; Exs. A,
C;
Rec.
2; Amended Rec.
4).
The ditch flows about
4 miles east into
Sugar Creek which is tributary to the Wabash River about nine
miles east of the discharge point
(Pet.
2).
The unnamed ditch has
a natural seven day,
ten year low flow of zero, but a low ‘flow Of
16.1 Mi/day
(6.57 cubic feet per second) with wastewater dis-
charges included.
The low flow of Sugar Creek is not given
(Rec.
2; Exs. A, C).
The Robinson Municipal Sewage Treatment Plant
(STP) dis-
charges into the ditch upstream of Marathon’s point of discharge
(Rec. 4~Ex. A).
In 1976 a biological investigation by the
Illinois Natural History Survey found stream degradation down-
stream of these discharges
(Rec.
4).
In the summer of 1978 the
Agency conducted a water quality investigation of the Sugar Creek
basin.
In general this study concluded that chemical water quality
was notably degraded by wastewater discharges from the Robinson
STP and Marathon
(Rec.
4).
One and one—half miles downstream from
Marathon there were average TDS levels in excess of 1900 mg/l and
average chloride levels of 400 mg/i.
Downstream 3.7 miles TDS
averaged 1550 mg/l and chloride 130 mg/l
(Rec.
5).
Rule 203(f)
sets water quality standards at 1000 mg/l TDS and 500 mg/l chloride.
Marathon monitors TDS and chloride levels in both its dis-
charge and the receiving stream.
The Agency has presented the
results from May,
1979 through April, 1980
(Rec.
3).
The average
flow was 7.0 Mi/day
(1.8 million gallons per day).
Marathon
states that its discharge is 11 Mi/day
(2.9 million gallons per
day)
(Pet.
3).
The ranges and the averages of monthly averages
are presented below,
along with the Agency data for Sugar Creek.
(All values given as mg/i.)
—3—
Chloride
TDS
Mm.
Avg.
Max.
Mm.
Avg.
Max.
Effluent
275
*437
680
1277
*1944
2690
“Stream”
140
*349
560
383
*1393
2424
1.5 miles
265
401
620
1390
1916
2740
3.7 miles
180
330
460
840
1554
2140
*Numerical averages of values presented in the recommendation
(p.
35).
These are not flow-weighted.
Based on the data in the recommendation and Marathon’s value
for the flow,
it is discharging about
4800 kg (5.3 tons)
of
chloride and 21,000 kg
(24 tons)
of dissolved solids per day.
Marathon states that its effluent creates no injury to or
interference with the health,
general welfare or physical property
of the people of Crawford County.
The receiving water is
a drain-
age ditch which is not large enough for recreational uses such as
swimming,
boating,
fishing or other water activities.
Water from
the ditch is not and has never been used for human consumption.
No uses of the receiving waters or the lands abutting to it are
adversely affected by the effluent
(Pet.
5).
There will be no
significant adverse environmental impact on Sugar Creek or the
Wabash River
(Pet.
6).
The discharge will not lead to a violation
of any water quality standards in the Wabash River and the river
will suffer no adverse environmental impact
(Rec.
6;
Ex.
G).
Rule 408(b)
of Chapter
3 sets an effluent standard for
TDS of 3500 mg/i.
Marathon has no difficulty in meeting this
effluent standard.
However,
Rule 402 requires that no effluent,
either alone or in combination with other sources, cause a viola-
tion of any applicable water quality standard.
Rule 203(f)
sets
water quality standards of 500 mg/i chloride and 1000 mg/i TDS.
Marathon cannot consistently keep its discharge below these levels.
Since its discharge constitutes about
80
of the low flow in the
ditch, Marathon cannot avoid causing water quality violations in
the ditch during low flow periods
(Pet.
3).
It states that there
is no economically reasonable and technologically feasible way for
it to meet the water quality standards
for TDS and chloride in
the receiving water
(Pet.
5).
Marathon would have to employ ex-
pensive,
energy intensive non—cor~ventionalcontrol technology.
The Agency supports the proposal before the Board in R76-2l to
delete the TDS effluent standard.
The Agency agrees that there
is currently no economically feasible treatment
(Rec.
3).
The
Board notes that possible treatment technologies include reverse
osmosis and distillation.
Besides the cost and energy consumption
—4—
involved, these treatments produce concentrated brines which
must either be landfilled or discharged.
For the reasons noted above,
the Board finds that it would
impose an arbitrary and unreasonable hardship to require Marathon
to maintain the water quality standards for TDS and chloride in
the unnamed ditch.
The variance will be granted with conditions
similar to those suggested by the Agency.
In addition the Board
will require that, prior to termination of the variance, Marathon
conduct a study including the following:
1.
Feasibility of separate treatment and disposal of high
TDS waste streams.
2.
Feasibility of constructing a holding basin to retain
the high TDS water until it can be released during times
of high
flow.
3.
Feasibility of 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.
In the amended recommendation the Agency has recommended that
Marathon’s effluent concentrations from outfall 001 not exceed
700 mg/l chloride or 3500 mg/i TDS
(Amended Rec.).
In its filing
of August 18,
1980 Marathon has apparently agreed to these limita-
tions with the proviso that modification may be required if the
chloride concentration of its crude oil feedstock were to increase.
The Board notes that the parties seem to be requesting not a modi-
fied water quality standard for the ditch, but
a variance condi-
tioned upon Marathon meeting an effluent standard.
This departs
from the Board’s usual practice.
The suggested condition will be
in a sense more restrictive than the modified water quality stan-
dard since Marathon will be obliged to meet it even during times
of high flow when there would be no danger of a water quality
violation. The Board will award a variance conditioned on an
effluent limitation.
Rule 402 provides that effluents not cause water quality viola-
tions.
In view of the Board’s decision to condition the variance
on an effluent limitation rather than a modified water quality
standard,
a variance from Rule 402 would be more appropriate.
Ac-
cordingly,
the variance will be granted from Rule 402
as it applies
to discharges causing violations of the chloride and TDS water
quality standards.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
—5—
ORDER
Petitioner, Marathon Oil Company,
is granted a variance from
Rule 402 of Chapter
3:
Water Pollution,
as that rule applies to
discharges causing violations of the chloride and total dissolved
solids
(TDS) water quality standards of Rule 203(f),
subject to
the following conditions:
1.
This variance will expire October 2,
1985.
2.
Petitioner’s outfall 001 shall not exceed the following
effluent limitations:
Chloride
700 mg/l
TDS
3500 mg/i
3.
Petitioner shall operate its existing
treatment facili-
ties so as to minimize its discharges of chloride and
TDS and in accordance with its representations contained
in Exhibit F to the petition.
4.
On or before April
2, 1985 Petitioner shall forward to
the Environmental Protection Agency
(Agency)
a study
which shall include the following:
a.
Feasibility of separate treatment and disposal of
high TDS waste streams.
b.
Feasibility of constructing a holding basin to
retain the high TDS water until it can be released
during times
of high flow.
c.
Feasibility of 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.
5.
Within forty-five days of the date of this Order, Peti-
tioner shall execute and forward to the Illinois Environ-
mental Protection Agency, Variance Section,
2200 Churchill
Road, Springfield, Illinois 62706,
a Certificate of Ac-
ceptance and Agreement to be bound to all terms and con-
ditions of this variance.
This forty-five day period
shall be held in abeyance for any period this matter is
being appealed.
The form of the Certificate shall be
as
follows:
—6—
CERTIFICATION
I,
(We),
,
having read
and fully understanding the Order in PCB 80-102, hereby
accept that Order and agree to be bound by all of its terms
and conditions.
SIGNED
TITLE
DATE
6.
The Agency’s motions for leave to file are granted.
IT IS SO
ORDERED.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution
Control
Board,
hereby
c~tify
that the a
v
Opinion and Order
were
adopted
on
the
~
day of
____________,
1980 by a
vote of
~
34Md~dm~i~
Christan
L. Moffd?)
Clerk
Illinois PoliutioiY ontrol Board
