ILLINOIS POLLUTION CONTROL BOARD
October 5, 2000
IN THE MATTER OF:
PETITION OF TOSCOPETRO
CORPORATION (formerly EQUILON/SHELL
WOOD RIVER REFINING COMPANY) FOR
AN ADJUSTED STANDARD FROM 35 ILL.
ADM. CODE 725.213 AND 725.321
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AS 97-3
(Adjusted Standard - RCRA)
ORDER OF THE BOARD (by M. McFawn):
On August 28, 2000, Toscopetro Corporation (Toscopetro), a wholly-owned subsidiary of
Tosco Corporation, and Equilon Enterprises, LLC (collectively referred to as movants), filed a
Joint Motion to Reopen Docket and Substitute Petitioner.
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Movants request that the Board reopen
and substitute Toscopetro Corporation for Shell Wood River Refining Company as the petitioner
and holder of this adjusted standard that the Board originally granted in
In re
Petition of Shell
Wood River refining Company for Adjusted Standard from 35 Ill. Adm. Code 725.213 and
725.321 (May 15, 1997), AS 97-3. That order granted an adjusted standard from 35 Ill. Adm.
Code 725.321 that allowed Shell Wood River Refining Company (Shell WRRC) to continue
operating Pond #1 for treating nonhazardous waste without closure. Movants have waived hearing
regarding this motion. The Board will grant this motion and will substitute Toscopetro
Corporation as the holder of this adjusted standard.
Up until June 1, 2000, Equilon Enterprises, LLC,
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owned and operated the Wood River
Refinery (Refinery) in Roxana, Illinois. On June 1, 2000, Toscopetro assumed ownership and
operation of the Refinery. Toscopetro has notified the Illinois Environmental Protection Agency
(Agency) and requested the transfer of all environmental permits that apply to the Refinery.
On September 7, 2000, the Agency filed a Response to Joint Motion to Reopen Docket and
Substitute Petitioner. In its response, the Agency does not object to the relief requested by
Movants, on the condition that Toscopetro abide by the terms of the adjusted standard and use
Pond #1 in the same manner that justified the relief granted originally in this adjusted standard.
REGULATORY FRAMEWORK
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On the same day Movants filed their Joint Motion to Reopen Docket and Substitute Petitioner in the instant case,
they also filed a Joint Motion to Reopen Docket and Substitute Petitioner in
In re
Petition of Wood River Refining
Company, a Division of Equilon Enterprises, L.L.C., f/k/a Shell Wood River Refining Company for an Adjusted
Standard from Ill. Adm. Code 725.213 and 725.321, AS 98-6, addressing a similar issue for Pond #2 at the Refinery.
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When it originally filed its petition for AS 97-3, petitioner was known as Shell Wood River Refining Company.
Subsequent to the Board’s May 15, 1997 order in this matter, petitioner underwent corporate restructuring, and
changed its name to Wood River Refining Company, a Division of Equilon Enterprises, L.L.C..
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As indicated by the caption in this matter, two regulations are relevant in this adjusted
standard. First, Section 725.321, Design and Operating Requirements, sets forth the requirements
for operating a hazardous waste surface impoundment. Second, adjusted standard relief from this
section is governed by Section 725.213, Closure; Time Allowed for Closure. In pertinent part it
provides:
e)
Surface impoundments. In addition to the requirements of subsection (d)
above, an owner or operator of a hazardous waste surface impoundment
which is not in compliance with the liner and leachate collection system
requirements in Section 725.321(a) shall receive non-hazardous wastes
only as authorized by an adjusted standard pursuant to this subsection
.
(Emphasis added.)
* * *
8)
Adjusted standard procedures. The following procedures must be
used in granting, modifying or terminating an adjusted standard
pursuant to this section.
A)
Except as otherwise provided, the owner or operator shall
follow the procedures of 35 Ill. Adm. Code 106. Subpart G
to petition the Board for an adjusted standard.
B)
Initial justification. The Board will grant an adjusted
standard pursuant to subsection (e)(1), above, if the owner
or operator demonstrates that the removal plan and
contingent corrective measures plans meet the requirements
of subsections (e)(2) and (3), above.
C)
The Board will include the following conditions in granting
an adjusted standard pursuant to subsection (e)(1), above:
i)
A plan for removing hazardous wastes.
ii)
A requirement that the owner or operator remove
hazardous wastes in accordance with the plan.
iii)
A contingent corrective measures plan.
iv)
A requirement that, in the event of a release, the
owner or operator shall, within 35 days, file with the
Board a petition for adjusted standard; implement the
corrective measures plan; and, file semi-annual
reports with the Agency.
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v)
A condition that the adjusted standard will terminate
if the owner or operator fails to: implement the
removal plan; or, timely file a required petition for
adjusted standard.
vi)
A requirement that, in the event the adjusted standard
is terminated, the owner or operator shall commence
closure of the unit in accordance with the
requirements of the closure plan and this Part.
DISCUSSION
As stated at the outset of Section 725.213(e), any person seeking to keep a hazardous waste
management unit or facility in service for the purpose of receiving nonhazardous waste while the
unit or facility does not meet the requirements of Section 725.321 must obtain an adjusted standard
pursuant to Section 725.213(e). Specifically, the procedures for obtaining such an adjusted
standard are found at Section 725.213(e)(8). Section 28.1(b) of the Environmental Protection Act,
415 ILCS 5/28.1(b)(1998), provides that the level of justification necessary for granting an
adjusted standard may be specified within just such a Board rule.
As a preliminary matter in the original adjusted standard opinion, the Board found that the
level of justification required is that set forth in Section 725.213(e)(8)(B).
In re
Petition of Shell
Wood River, AS 97-3, slip op. at 5. The Board then evaluated the original petition in accordance
with these criteria. Thereafter, the Board found Shell WRRC’s justification for the continued
operation of Pond #1 at the Refinery as part of the wastewater treatment system for post-treatment
retention of nonhazardous waste without meeting the requirements of 35 Ill. Adm. Code 725.321
warranted a grant of an adjusted standard.
Id.
at 8.
Toscopetro now assures the Board that the relevant factors required to justify the adjusted
standards have remained unchanged and will not be affected by Toscopetro’s acquisition of the
Refinery. Pet. Mot., par. 7. Furthermore, Toscopetro states that:
Since taking over ownership and operation of the Refinery on June 1, 2000, Tosco
has continued to operate Pond #1 at the Refinery in the same manner as its
predecessor, Equilon. Further, Tosco intends to continue to operate Pond #1 at the
Refinery in accordance with all applicable environmental statutes, regulations, and
permits, including the Adjusted Standard . . . .
Pet. Mot., par. 5.
The Affidavit of Rick Strouse, Manager of Environmental Health & Safety at the Refinery,
attests to this last statement.
CONCLUSION
The Board finds that Toscopetro has adequately demonstrated that it can be substituted as
the current holder of this adjusted standard. That finding is premised upon Toscopetro’s
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representation that the relevant factors which justified the original adjusted standard in this matter
have not changed, along with Toscopetro’s assurance that it has and will continue to operate Pond
#1 in accordance with the previously granted adjusted standard, and the Board’s opinion in
In re
Petition of Shell Wood River (May 15, 1997), AS 97-3. Accordingly, the Board will substitute
the name of Toscopetro Corporation for Shell Wood River Refining Company in its May 15, 1997
order.
ORDER
The Board hereby amends its May 15, 1997 order in this matter, and pursuant to 35 Ill.
Adm. Code 725.213 (e), grants Toscopetro Corporation an adjusted standard from 35 Ill. Adm.
Code 725.321 for the Refinery, so that Toscopetro Corporation may operate Pond #1 as part of the
Refinery’s wastewater treatment system for post-treatment retention of nonhazardous waste
without meeting the requirements of 35 Ill. Adm. Code 725.321. The Board’s grant of an adjusted
standard is subject to the same conditions imposed when the original adjusted standard was
granted to Shell Wood River Refining Company. These conditions are:
1)
This adjusted standard applies to Toscopetro Corporation’s Refinery
located near Roxana, Illinois, in Madison County for its Treatment Pond #1;
2)
The adjusted standard acknowledges and requires:
a)
A corrective action plan as set forth in the Resource Conservation
Recovery Act (RCRA) Part B permit submitted for the Refinery by
Shell Wood River Refining Company;
b)
In the event of a release, Toscopetro Corporation shall: within 35
days, file with the Board a petition for adjusted standard; implement
the corrective measures plan included in the RCRA Part B permit
for the Refinery; and file semi-annual reports with the Agency;
c)
The adjusted standard granted by today's action will terminate if
Toscopetro Corporation fails to: implement the removal plan; timely
file a required petition for adjusted standard; or for any reason for
terminating the adjusted standard found at 35 Ill. Adm. Code
213(e)(7)(a); and
d)
In the event the adjusted standard granted by today's action is
terminated, Toscopetro Corporation shall commence closure of the
unit in accordance with the requirements of the closure plan and 35
Ill. Adm. Code 725; and
3)
For one year following the issuance of this adjusted standard or for 12
discrete diversion events, whichever is longer, Toscopetro Corporation
shall sample the diversion influent to Pond #1 for each diversion event,
analyze for benzene using EPA Method 1311/8020 (TCLP), and record the
results. In the event that the TCLP limit for benzene (0.5 mg/L) has not been
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exceeded during the initial sampling period, sampling shall no longer be
required. If the TCLP limit for benzene is exceeded during the initial
sampling period, the sampling period shall be extended for a total of one
year. For the purposes of this condition “discrete diversion events” is
defined to be continuous discharges into Pond #1, regardless of duration.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this order.
Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d R. 335; see
also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
above order was adopted on the 5th day of October 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
