ILLINOIS POLLUTION CONTROL BOARD
December 16,
1993
IN THE MATTER OF:
)
)
PETITION OF UNO-VEN
)
R93-8
TO AMEND REGULATIONS,
)
(Rulemaking)
PERTAINING TO WATER POLLUTION
)
Adopted Rule.
Final Order.
OPINION AND ORDER OF THE BOARD
(by 3. Theodore Meyer):
On January 28,
1993, UNO-VEN Company (UNO-VEN) filed a
petition requesting amendments to the site-specific regulation
found at Section 304.213.
A hearing was held on April 28,
1993,
in Bolingbrook, Illinois.
Members of the public attended the
hearing.
On August 26,
1993, the Board sent this proposal to first
notice.
The proposed rule was published in the September 24,
1993 Illinois Register at 17
Ill. Reg. 15223.
The comment period
for this proposed rule ended on November 8, 1993.
The Board
received comments during the first notice comment period from
the Illinois Department of Commerce and Community Affairs, the
Administrative Code Unit and UNO-VEN.
The comments submitted to
the Board did not raise any objection to the rule as proposed at
first notice.
The Board submitted the rule for second notice
with no substantive changes on November 18,
1993.
On December
14,
1993, the Joint Committee on Administrative Rules voted no
objection to the proposed rule.
Today,
the Board adopts the
amendments to the rule.
The Board granted the site-specific rule found in Section
304.213 to Union Oil of California on March 19,
1987,
in Docket
R84-13.
UNO-VEN proposed the following changes to Section
304.213:
(1)
change Union Oil of California to UNO—VEN to
reflect a change in ownership;
(2) add a concentration—based
limitation for ammonia nitrogen on a monthly basis;
(3) require a
report on nitrogen in feedstock within 60 days after the end of
the calendar year; and
(4) to extend the expiration date of the
rule.
(Pet. at 3.)
UNO-VEN operates a petroleum refinery located in Will County
near Lemont,
Illinois.
(Pet.
at 5.)
The refinery produces
approximately 25 different products of which ninety-five percent
of the output goes into making automobile gasoline, diesel fuels,
home heating oils and turbine fuels used in the Midwest.
(Pet.
at
6.)
The refinery has a current rated capacity of 153,000 barrels
per day and employs approximately 750 people.
(Pet.
at 6.)
UNO-VEN currently discharges to the Chicago Sanitary and
Ship Canal
(Canal)
which is a tributary to the Illinois River.
(Pet. at 4.)
UNO-VEN currently takes approximately 4.4 million
2
gallons of water from the Canal daily and discharges
approximately 3.8 million gallons of water to the Canal.
(Pet.
at
6.)
The difference is due to cooling tower evaporation and steam
losses.
(Pet. at 6.)
UNO-VEN reports that the 3.0 mg/i
NH3—N
effluent level limit in 35 Iii. Adm. Code 304.122(b) has not been
attainable on a consistent basis.
(Pet. at 7.)
The site-specific rule granted in 1987 required the refinery
to continue its efforts to reduce the concentration of ammonia
nitrogen in its wastewaters.
(Pet.
at 10.)
iJNO—VEN
has
continuously upgraded its wastewater treatment plant to comply
with this requirement.
(Pet. at 10.)
UNO-VEN
has spent in excess
of $4.2 million on improvements to the wastewater treatment plant
since 1987.
(Pet. at 11.)
UNO—VEN has improved the plant’s performance of ammonia
removal despite higher nitrogen content in the crude oil, a
higher crude throughput, and a decrease in wastewater volume.
(Pet. at 13.)
From 1986 to 1991,
the annual average ammonia
concentration declined from 22.2 to 2.4 lug/i,
a 89
reduction.
(Pet. at 13.)
A consultant’s report concludes that the following
technologies have the greatest potential for meeting the
standard:
—
activated sludge with powdered activated carbon treatment,
-
activated sludge with fluidized bed reactor; and
-
activated sludge with granular media filtration and ion
exchange.
(Pet.
at 14.)
The costs of implementing these technologies range from
$7,094,000 to $18,382,000 with operating and maintenance costs
from $1,444,000 per year to $1,913,000 per year.
(Pet. at 14.)
It is anticipated that the fluidized bed reactor would have a
unit cost of $240 per pound of ammonia removed.
(Pet. at 16.)
The consultant does not recommend that UNO—VEN pursue any of
these alternatives.
(Pet. at 14.)
The consultant concluded that
ongoing improvements to the wastewater treatment facility have at
least as great a prospect of reducing ammonia nitrogen levels as
the alternate technologies.
(Pet.
at 14.)
Studies performed for UNO-VEN show that the discharge 4~asno
substantial impact upon dissolved oxygen levels.
(Pet. at 19.)
tJNO-VEN further maintains that requiring compliance with the
ammonia nitrogen standard would not result in a measurable
improvement of the Illinois River System.
(Pet. at 19.)
At hearing UNO-VEN presented testimony from William Busse,
3
Lee Erchull, James Huff and Robert N.
Stein.
Mr. Busse is the
supervisor of environmental services at UNO—VEN.
He testified on
the status of the UNO-VEN refinery in relation to the requested
amendments to the site—specific rule.
Mr. Erchull is the senior
environmental specialist for UNO-VEN.
He testified on UNO-VEN’s
progress in removing ammonia from its wastewater in an effort to
comply with the ammonia standards.
In particular,
he explained
changes to the wastewater treatment plant and changes in the sour
water stripper.
Mr.
Stein is an environmental consultant with AWARE
Environmental Inc.
He testified on an evaluation performed on
UNO—VEN’s wastewater treatment program.
This evaluation found
that UNO-VEN has a state-of-the-art wastewater treatment system
which exceeds Best Available Technology criteria.
However, the
data shows that UNO-VEN is unable to consistently and reliably
attain the ammonia nitrogen limitation of 3.0 mg/i.
The study
also included an evaluation of additional technologies for the,
removal of ammonia.
However,
additional studies are needed
before any decision could be made concerning additional treatment
plant controls.
Mr. Huff of Huff
& Huff Inc., an environmental consultant,
testified on a 1992 study on ammonia discharge at UNO-VEN.
The
study shows a reduction in the ammonia discharge since the site-
specifIC rule was adopted.
The study also found no localized
impacts from the discharge during a stream investigation.
He
also notes ‘that UNO-VEN is continuing to pursue means of further
decreasing the ammonia discharge.
On June 21,
1993, the Agency and UNO-VEN filed a joint
comment recommending changes to the site—specific rule as
proposed.
The proposed changes included using a daily maximum
limit for ammonia nitrogen of 26 milligrams/liter
(rn/i)
and a 30
day monthly average limitation of 9.4 mu.
The comment also
changes the date of termination of the site specific rule to
December 31,
1999.
Included with the comment were exhibits in
support of the recommended changes.
CONCLUSION
The Board agrees that site—specific relief is appropriate,
based on the record ‘of this proceeding.
UNO-VEN has attempted to
achieve compliance by modifying its wastewater treatment system
and studying alternate technologies.
While these efforts have
substantially reduced the ammonia nitrogen discharges, compliance
with the effluent limitation is still not obtainable on a
consistent or reliable basis.
The amendments to the rule as
adopted by the Board are the amendments proposed by UNO-VEN in
its petition with the modifications agreed to between the Agency
and UNO-VEN.
4
ORDER
The Board hereby adopts the following amendments to 35 Ill.
Adm. Code 304.213.
The Clerk of the Board is hereby directed to
ôause the filing of these amendments with
the
Administrative Code
Unit of the Secretary of State’s Office.
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
304.102
304
•
103
304.104
304.105
304.106
304.120
304.121
304.122
304.123
304.
124
304.125
304.126
304.140
304.
141
304.142
Section
304 .201
304.202
304 .203
304.204
304.205
304 .206
304.207
304.208
304.209
304.210
Preamble
Dilution
Background Concentrations
Averaging
Violation of Water Quality Standards
Offensive Discharges
Deoxygenating Wastes
Bacteria
Nitrogen (STORET number 00610)
Phosphorus
(STORET number 00665)
Additional Contaminants
pH
Mercury
Delays in Upgrading (Repealed)
NPDES Effluent Standards
New Source Performance Standards (Repealed)
SUBPART B:
SITE SPECIFIC RULES
AND
EXCEPTIONS NOT OF
GENERAL
APPLICABILITY
Wastewater Treatment Plant Discharges of The
Metropolitan Sanitary District of Greater Chicago
Chlor-alkali Mercury Discharges in St. Clair County
Copper Discharges by Olin Corporation
Schoenberger Creek: Groundwater Discharges
John Deere Foundry Discharges
Alton Water Company Treatment Plant Discharges
Galesburg Sanitary District Deoxygenating Wastes
Discharges
City of Lockport Treatment Plant Discharges
Wood River Station Total Suspended Solids Discharges
Alton Wastewater Treatment Plant Discharges
5
304.211
304.212
304.213
304.214
304.215
304.216
304.218
304.219
304.220
304.221
304.222
Section
304
•
301
304.302
APPENDIX A
Discharges From Borden Chemicals and Plastics Operating
Limited Partnership Into an Unnamed Tributary of Long
Point Slough
Sanitary District of Decatur Discharges
Union Oil UNO-VEN Refinery Ammonia Discharge
Mobil Oil Refinery Ammonia Discharge
City of Tuscola Wastewater Treatment Facility
Discharges
Newton Station Suspended Solids Discharges
City of Pana Phosphorus Discharge
North Shore Sanitary District Phosphorus Discharges
East St. Louis Treatment Facility, Illinois-American
Water Company
Ringwood Drive Manufacturing Facility in McHenry County
Intermittent Discharge of
TRC
SUBPART
C:
TEMPORARY
EFFLUENT
STANDARDS
Exception for Ammonia Nitrogen Water Quality Violations
City of Joliet East Side Wastewater Treatment Plant
References to Previous Rules
AUTHORITY:
Implementing Section 13 and authorized by Section 27
of the Environmental Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111 1/2, pars.
1013 and 1027).
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—l6 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
6
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—17(B) 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 R88—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
______
Ill. Reg.
____________________
effective
Section 304.213
UNO-VEN Refinery Ammonia Discharge
a)
This Section applies to discharges from Union Oil
Company of California’o UNO-VEN’s Chicago Refinery,
located in Lemont into the Chicago Sanitary and Ship
Canal.
b)
The requirements of Section 304.122(b)
shall not apply
to the discharge.
Instead Union UNO—VEN must meet
applicable Best Available Technology Economically
Achievable
(BAT)
limitations pursuant to 40 CFR 419.23
(1085)
(1992)
incorporated by reference in subsection
(c).
UNO-VEN shall also meet a monthly average
limitation for ammonia nitrogen of 9.4 maIl and a daily
maximum limitation of 26.0 maIl.
C)
The Board incorporates by reference 40 CFR 419.23
(1985)
(1992) only as it relates to ammonia nitrogen as
N.
This incorporation includes no subsequent
amendments or editions.
d)
Union UNO-VEN shall continue its efforts to reduce the
concentration of ammonia nitrogen in its wastewaters.
e)
Union UNO-VEN shall mnor4tor the nitrogen concentration
of its oil feedstocks a~ report on an annual basis
such concentrations to the Agency.
f)
Union UNO-VEN shall submit the reports described in
subsection
(e) no later than 3~
Q.Q
days after the end
of a calendar year.
g)
The provisions of this Section shall terminate on
7
Dcccinbcr 31,
1093 December 31.
1999.
(Source:
Amended at
Ill. Reg.
effective
.)
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
(415 ILCS
5/41
(1992)), provides for appeal of final orders of
the
Board
within 35 days.
The Rules of the Supreme Court of Illinois
establish filing requirements.
(See also 35 Ill. Adm. Code
101.246, Motion for Reconsideration.)
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify 1t~tthe above opin~onand order was
adopted on the _____________day of_______________________
1993, by a vote of
________.
~
~.
/~L~
Dorothy M. ,G\lnn, Clerk
Illinois P~1ution Control Board