ILLINOIS POLLUTION CONTROL BOARD
May 9,
1986
MOBIL CHEMICAL COMPANY,
Petitioner,
v.
)
~ca
83-166
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by B.
Forcade):
This matter comes before
the Board on
a +lay 24,
1985, Motion
for Relief
from Final Order
by Mobil Chemical Company
(“Mobil”).
Mobil
seeks retroactive modification
of
a variance
granted
on August
22,
1984,
from certain water quality standards
found at
35
Ill.
Adm. Code 302.212
(ammonia nitrogen and
unionized ammonia)
and 302.208
(fluoride,
total dissolved solids~
and sulfate) for
an outfall
at
its DePue
facility.
On June
13,
1985,
the Board deferred action on Mobil’s motion until
such time
as Mobil
filed
its final
compliance plan and the Illinois
Environmental Protection Agency (“Agency”)
had reviewed
the
plan.
Mobil
filed
the compliance plan on July 10,
1985.
The
Agency,
upon reviewing the compliance plan,
filed
a response
on
August 19,
1985, opposing modification of the variance.
On
September 4,
1985,
Mobil
and the Agency filed
a joint motion
to
stay this matter pending further resolution and information
exchange which was granted by the Board on September
5,
1985.
Mobil
filed additional information on December
10,
1985,
and the
Agency filed
its Recommendation to grant relief on February
6,
1986.
The Board’s August 22,
1984, Opinion and Order
in this
matter
grants Mobil
a three—year variance from various water
quality standards which expires
on July 1,
1987.
A full
exposition of the facts
is found
in that Opinion and will not be
repeated here.
However,
the pertinent
facts are that Mobil
operates
a phosphate fertilizer manufacturing operation
in DePue,
Illinois.
What has been called Outfall 002 consists
of
groundwater seepage from
a gypsum storage area and clearwater
pond used in Mobil’s phosphoric acid manufacturing process.
Seepage from the gypsum pond flows
into an unnamed ditch running
along
the perimeter
of
the gypsum/clearwater pond system.
This
ditch
is tributary to Negro Creek, which
is tributary to the
Illinois River.
Seepage
to the unnamed ditch ranges from 10,000
to 28,000 gallons per day (gpd).
The ditch fails
to comply with
69-353
—2—
the state’s water quality standards for fluoride, ammonia
nitrogen, unionized ammonia,
total dissolved solids and
sulfate.
(Mobil Chemical Co.
v.
IEPA, PCB 83—166, August
22,
1984,
pp.
1—3.)
The Board granted
a three-year variance, established
interim
water quality standards applicable
to the unnamed impacted ditch
during
the term of the variance and ordered Mobil
to investigate
any and all possible technologies for achieving compliance and
to
file
a report of
its finding with
the Agency.
Mobil,
in its Motion for Relief from Final Order, requests
that the Board retroactively modify the interim water quality
limits
for
the unnamed ditch,
which, due
to the unique
circumstances,
is essentially
a limitation on Mobil’s
discharge.
The original
interim limitations were agreed upon by
the Agency and Mobil
and incorporated as
a condition of
a
variance.
Mobil bases
its motion for
relief on Section
103.241(b)(l)
“newly discovered evidence which by due diligence
could not have been discovered
in time.”
The
“newly discovered
evidence”
is water quality monitoring data generated subsequent
to the August
22, 1984,
variance which shows contaminant levels
higher than
the interim limitations
(Motion for Relief,
p.
4).
Mobil asserts that the current interim limitations were
based
on limited data and that despite all parties’
best
estimates,
they have proved
to be inadequate
to shield Mobil
from
potential enforcement.
hater quality
in the unnamed ditch
is
affected by dry weather conditions obviously beyond the control
of Mobil.
Mobil claims that
the original limited data base did
not accurately represent the full range of weather related
variation
(Id
at
5,
9).
A review of DMR’s from September,
1984,
to November,
1985,
reveals
the
following:
69-354
—3—
(Values noted with an asterisks indicates an exceedance of the
interim limitations.)
(Agency Rec..,
p.
2.)
The Agency recommends raising
the interim limitations but is
not
in agreement with Mobil
as
,to the precise values.
While
Mobil
is generally
in compliance,
there have been occasional
but
persistent excursions
(Id).
The various limitations
at issue are
summarized for the purposes of comparison
Current
Agency
Limitations
Recommended
__________
54.
71.
5.8
9.6
1682.
2150.
745.
938.
1*
—
Monthly average
(mg/l)
2*
—
Maximum
(mg/l)
Mobil requests relief
for ammonia that would be 6 mg/i above
the highest monthly average
(49.8
xng/l
in September,
1984)
and 12
ing/l above the highest daily maximum (58.8 mg/l
in October,
1984).
The Agency believes that
it is unnecessary
to raise
the
effluent limitations
to these levels
in order
to assure
retroactive compliance.
As
to fluoride,
Mobil requests
a monthly average limit that
would still cause
it
to be
in violation twice during
the 15—month
Month
NH3—N
Fluoride
TDS
Sulfate
Mo.Ave.
Max.
Mo.Ave.
Max.
Mo.Ave. Max.
Mo.Ave, Max.
11/85
4.97
12.90
1.48
32.00
725
944
257.76
430.00
10/85
33.38*
48.60*
6.05*
9.18
1370*
1880
822.6*
1337.5*
09/85
36.6*
48.90*
5.17*
6.46
1492*
1816
920.3*
1075.0*
08/85
32.05*
37.40
4.61*
4.94
1286
1476
648.5
750.0*
07/85
25.17
40.30
4.36
5.84
1010
1240
457.1
656.~0
06/85
34.0*
39.7
5.31*
6.54
1101
1224
524.8*
585.0
05/85
22.14
25.8
4.12
4.50
967
1064
385.1
557.4
04/85
11.30
15.40
2.47
3.48
789
868
l77.~4
235.0
03/85
8.51
14.20
2.63
4.36
618
868
146.2
265.0
02/85
31.58*
55.50*
3.95
6.62
1217
1728
423.6
675.0
01/85
24.96
38.80
2.49
3.60
1134
1400
306.1
432.6
12/84
32.92*
39.00
3.47
4.00
1423*
1644
603.8*
7375*
11/84
28.97*
37.70
3.70
4.84
1258
1480
512.7*
660.0
10/84
40.89*
58.80*
5.42*
7.66
1426*
1724
572.4*
825.0*
09/84
49.80*
57.20
5.88*
6.76
1529*
1728
767.0
891.5*
Ave.
27.8
38.01
4.07
5.45
1l56
1406
501.7
674.2
Max.
49.80
58.80
6.05
9.18
1529
1880
920.3
1337.5
Mm.
4.97
12.90
1.48
3.00
618
868
146.2
235.0
Amrnon ia
Fluoride
TDS
Sulfate
1*
27
4.5
1300
500
Mobil
Requested
2*
45
10
2000
685
1*
2*
1*
2*
50.0
59.0
6.0
9.0
1530.
1900.
920.
1340.
69.355
—4—
period reviewed.
The Agency agrees that the daily maximum limit
ought
to be lowered
to reflect present performance more
accurately.
Regarding TDS,
the data indicates five excursions on
a
monthly average but has not closely approached the present
maximum limit.
The Agency does not believe elevation of
the
monthly level
is justified and,
in fact, recommends
a more
stringent limit than is
currently in place.
Sulfate limits as presently set have been violated eight
times
as
to monthly average and six times as
to daily maximum.
The Agency believes that Mobil’s requested limits would
not be
adequate
to assure retroactive compliance.
The discrepancy between Mobil’s requested
limitations and
the Agency’s
recommended limitations
could
be attributable
to the
Agency’s reliance on additional data through November,
1985.
(Mobil’s Motion
for Relief was filed on May 24,
1985.)
Also,
Mobil
based
its requested limitations
on
a 95
statistical
level
of confidence
of compliance,
while the Agency seems
to base its
limitations on more complete data viewed retroactively (Motion
for Relief,
p.
18).
During the term of this variance, Mobil has been
investigating and developing
a method
to ultimately comply with
state
water quality limitations.
As
a condition of the August
22, 1984, Order granting variance, Mobil timely filed
a
compliance plan
in July of
1985.
Mobil has chosen
a compliance
option that consists of constructing two low level dams and a
carry through pipe between them to convey low flows
in the
receiving stream.
The captured flows would then be returned
to
the gypsum pile.
Data from an experimental project conducted
by
Mobil indicates that the compliance plan will probably achieve
compliance
for
all parameters except ammonia (Mobil Submittal
of
Additional Information p.
7).
The Agency
recommends that new interim limitations be
established,
to be applied retroactively, until
the proposed
compliance alternative
is
completed.
When construction
is
completed,
a second set of limits,
for ammonia only, would come
into effect.
The proposed compliance plan
is predicted to reduce
ammonia levels but not achieve full compliance.
The Agency
recommends
a compliance schedule for achievement of all
final
effluent limitations
by July 1,
1987.
The Board
will modify the variance granted on August 22,
1984.
The original
interim limits were based on a limited data
base that has proved inadequate
to shield Mobil during
the period
they work towards compliance.
The Board will establish new
interim water quality limitations
for the
impacted unnamed ditch
as recommended by the Agency.
These limitations are based
on
a
69-356
—5—
larger body of data and are better
tailored
to Mobil’s actual
discharge.
As the purpose of this modification
is
to ensure
retroactive compliance,
rather than to forecast future
compliance,
these
limits appear
to be more appropriate.
The
Board
notes
that certain limitations that Mobil requests would
not achieve its goal of retroactive compliance.
Additionally,
the Board will establish
a second ammonia standard
for
the period
after completion
of the new ditch system and
a schedule for
ultimate compliance by July
1,
1987.
This more detailed schedule
is based on
information regarding compliance options not before
the Board
in August of
1984.
The Board has not been asked,
nor
is
it now extending the term of the variance originally granted.
ORDER
The variance from 35 Ill. Adm. Code 302,121 and 302.218
previously granted
to Mobil Chemical Company (“Mobil”),
DePue
facility,
for Outfall 002 on August 22,
1984,
is hereby modified
by the conditions established
in this Order.
The following
conditions
replace the conditions established
in the August
22,
1984, Board Order:
1.
The variance shall
commence on November
15,
1983, and
expire on July
1,
1987.
2.
Mobil
shall
at
all
times maintain and operate
its
existing bypass/sump/collection system in such
a manner
as
to achieve optional performance.
This shall
include
measures to prevent or alleviate
the buildup of silt
in
the pumping station.
3.
Mobil
shall perform sampling and analyses
in accordance
with NPDES permit
IL 0032182.
In addition, unionized
ammonia shall
be monitored
or calculated at the same
frequency as total ammonia nitrogen.
4.
Until completion of
the proposed compliance alternative,
water quality at Outfall 002 shall
not exceed
the
following limitations
(in nig/l):
Monthly Ave.
Maximum
Ammonia
50.0
59.0
Fluoride
6.0
9.0
Total Dissolved
Solids
1530.00
1900.0
Sulfate
920.00
1340.0
5.
Mobil
shall commence construction of
its proposed
improvements within thirty
(30) days of
the date of
receipt
of
a construction permit from the Agency.
69.357
—6—
6.
Petitioner
shall complete construction
of the proposed
improvements
as expeditiously as possible but
in no
event
later than April
30,
1986, unless an Agency
construction permit has not been granted.
7.
On May
1,
1986,
or upon completion of the proposed
facilities, whichever occurs first, until
the variance
expires water quality at Outfall 002 shall not exceed
the following limitations
(in
ing/l):
Monthly Ave.
Maximum
Ammonia
10.0
15.0
8.
If by December
1,
1986,
it
is apparent that Mobil’s
discharge
at Outfall 002 will continue
to cause water
quality violations,
then Mobil
shall meet the following
schedule:
a.
By February
1,
1987, Mobil
shall submit plans and
specifications for its ultimate compliance plan;
b.
By May 1,
1987, Mobil
shall commence construction
of
its ultimate compliance
option;
c.
By June
15,
1987, Mobil shall complete construction
of
its ultimate compliance option;
and
d.
By July
1,
1987, Petitioner
shall attain
operational
status
of
its ultimate compliance
option and meet all water quality parameters at
Outfall 002.
9.
Within 45 days
of the date of this Order, Mobil Chemical
Company shall execute a Certification of Acceptance and
Agreement
to be bound
to all
terms and conditions of
this variance..
Said Certification shall be submitted
to
the Agency at 2200 Churchill Road,
Springfield, Illinois
62706.
The 45—day period shall
be held in abeyance
during any period that this matter
is being appealed.
The form of said Certification shall
be
as follows:
.
69.358
—7—
CERTIFICATION
I,
(We)
,
hereby
accept
and agree
to be bound
by all
terms
and conditions
of the
Order
of
the Pollution Control Board
in PCB 83—166, May 9,
1986.
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED.
Chairman J.D. Dumelle concurred.
I, Dorothy M.
Gunn, Clerk ,of the Illinois Pollution Control
Board,
hereby certify that the above Opinion and Order was
adopted on the
~
day of
_____________________,
1986,
by
a vote
of
7-0
.
~7~._____
Dorothy
M. dunn, Clerk
Illinois Pollution Control Board
69-359