ILLINOIS POLLUTION CONTROL BOARD
September 24,
1981
TEXACO, INC.,
a Delaware
corporation,
Petitioner,
v
)
PCB 81—70
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION
~ND
ORDER OF THE BOARD
(by D. Anderson):
This matter comes before the Board upon a petition and
amended petition for variance filed May
4 and June 26,
1981
by Texaco, Inc.,
a Delaware corporation
(Texaco).
The petition
requests extension of a variance previously granted from Rule 406
of Chapter
3:
Water Pollution with respect to ammonia nitrogen
discharges from Texaco’s Lockport petroleum refinery.
On June 4,
1981 the Illinois Environmental Protection Agency
(Agency)
recommended that
the
variance be granted with conditions.
An amended recommendation correcting a typographical error
was filed on August
7,
1981.
No hearing has been held
and
the Board has received no public comment.
Texaco operates a petroleum refinery on the northern peri-
phery of Lockport, on the eastern bank of the Chicago Sanitary
and
Ship Canal,
in Will County.
The facility possesses NPDES
Permit No. IL 0002305.
It has been granted two previous
variances from Rule 406
(Texaco, Inc.
v. EPA, PCB 77-154,
28 PCB 371, December
8,
1977; and PCB 78—306,
33 PCB 117,
March
15, 1979.
The petition in the latter is incorporated
by reference pursuant to Procedural Rule 402(a).
Texaco was
allowed to discharge a daily average of 184 kg of ammonia
nitrogen with a daily maximum of 405 kg.
Sources of ammonia include intake water, sour water
strippers and a water degassing drum.
Treatment includes
bacterial denitrification.
Texaco has achieved low effluent
ammonia levels
at times, but experiences elevated levels during
cold weather
and
at other times.
Texaco suspects that materials
toxic to its bacteria are sometimes introduced into its waste—
water from its processes.
In PCB 78-306 Texaco agreed to
implement a compliance program involving preparation of a
43—349
—2—
proposal to deal with nitrification problems in cold weather.
Texaco concluded that it would cost $1300 per day to heat the
aeration basin.
This was not thought to be “cost effective”.
Texaco also concluded that low temperature was not the
only cause of decreased nitrification.
Texaco felt that inhibi-
tory compounds exist in some refinery wastestreams, including
unstripped sour water.
Texaco proposed to identify inhibitors,
increase sour water stripping capacity, control sour water
discharges
and
suspected
inhibitors,
maintain
adequate
dissolved
oxygen in the aeration basin and use mutant bacteria.
Texaco achieved some success with mutant bacteria and witi
maintenance of oxygen levels.
A sour water storage tank
and
collection system has been completed.
A water recycling project
has been completed in addition to the proposed program.
On
May
1,
1981,
refinery operations ceased.
Texaco intends,
in the spring of 1982,
to decide whether to reopen.
After the decision to cease production, Texaco ceased
construction activities directed toward compliance.
These
included additional recycling and sour water storage systems.
Although production has ceased, the wastewater treatment plant
continues in operation, treating waste water generated from
cleaning and other shutdown operations.
The plant no longer
produces sour water.
Texaco is continuing to add mutant bac—
teria and is continuing research directed at identifying
inhibitory
compounds.
The
facility withdraws from the canal about 84.5 Ni/day
(megaliters per day)
or 22.3 NGD
(million gallons per day).
30.0 Ml/day is used for process water, resulting in
a process
wastestream of about 16.9
141/day
(4.5 MGD).
This is mixed with
54.5 Ml/day of once-through cooling water, resulting in
a
total discharge of 71.4 Ml/day
(18.9 MGD).
This is discharged
to the canal.
In PCB 78—306 Texaco was granted a two—year variance from
the
3.0 mg/l ammonia nitrogen standard of Rule 406.
The vari-
ance
condition
was
set
at
a
level
equal
to
applicable
federal
guideline3.
Texaco
was
not
to
exceed
a
daily
average
of
184 kg/day or a daily
maximum
of
405
kg/day,
the
same limita-
tions requested in this action.
The 3.0 mg/l standard applied to the process wastestream
would allow 51 kg/day.
Applied to the total discharge without
correction for dilution it would allow 214 kg/day
Rule
401(a).
43—350
—3—
Rule 406
is currently based on a daily average.
A proposal to
change
this to a monthly basis is pending before the Board
(R76—21,
Proposed rule, Second notice Order of August 20, 1981).
Petitioner
complied
with
the
variance
limitations
during
the
period from April, 1980 through March,
1981.
The following
table
indicates
the
overall averages and the range
of values
recorded:
kg/day
mg/l
Minimum
0
less than 0.1
Average
68
4.1
Maximum
395
24.0
Pursuant to the Board’s request Texaco provided information
concerning dissolved oxygen levels
in the LaGrange Pool of th~
Illinois River.
Ammonia nitrogen discharges
tend to depress
dissolved oxygen levels downstream due to the oxygen required
for denitrification.
Texaco’s data indicate dissolved oxygen
levels in the
river of 4.0 to 5.8 mg/i during the
summer
of
1979.
Most of these
are less than the instantaneous minimum
dissolved oxygen standard of
5.0
mg/i for general use waters
Rule
203(d).
Texaco’s effluent data
cia
not show
a clear trend toward
a reduction in ammonia levels.
However the Board
finds that
Texaco has made satisfactory progress toward full compliance
within the meaning of §36(b)
of the Environmental Protection
Act
(Act).
The variance will be granted with conditions similar
to those recommended by the Agency.
Texaco will be required to
file quarterly reports outlining its efforts
to achieve com-
pliance.
Petitioner will be required to notify the Agency in
the event production is resumed and provide within one year
a
written technical proposal for compliance with Rule
406.
The Board will also require that Texaco provide a plan for
in stream aeration of the Sanitary and Ship Canal
as a part of
the
above
compliance
plan.
This
is
to
be in addition to a plan
for
improving
the
effluent quality,
In
the event Texaco reopens
the
facility,
it
will be required to present to
the
Agency
a
study of the feasibility of introducing excess oxygen into the
Canal,
including cost estimates.
The aeration plant need not be
located at the refinery and Texaco may propose
a facility
operated jointly with other dischargers.
The plan should
also address any regulatory obstacles to in stream aeration.
The variance granted in PCB 78-306 referred to a “daily
average”
and
a
“daily
maximum”.
Texaco
requested
the
same
mass
discharge
limits
except
that
the
lower
figure
is
to
be
a
“monthly
average”
and
the
higher
figure
a
“daily
maximum”.
In
its
amendment the Agency recommended the same thing.
The Board
43—351
—4—
will condition the variance on a “monthly average’~and “daily
composite”.
This
terminology
will
be
more
consistent
with
the
proposal
in
R76-21.
The
terms
“daily
average”
and
“daily
maximum”
were
not
defined
in
the
earlier
Order.
The
variance
condition
here
is
identical
to
the
earlier
if
“daily
maximum”
referred
to
the
highest
daily
average
in
a
given
month
(now
called
the
~‘dai1y
composite”)
and
“daily
average”
referred
to
the
average
of
composites
over
a
month
(now
called
“monthly
average”).
On
the other hand,
it is arguable that the old conditions
referred
to
daily
composite
and
grab
sample
limits.
If
this
were
the
case,
the
variance
granted
here
would
differ
from
the
earlier.
The
Board
will
assume
this
was
not
the
case.
The
following
is
a
summary
of
terminology:
PCB
78-306
PCB
81-70
kg/day
Daily
average
Monthly
average
184
Daily
maximum
Daily
composite
405
This
Opinion
constitutes
the
Board’s
findings
of
fact
and
conclusions
of
law
in
this
matter.
ORDER
Petitioner
Texaco,
Inc.
is
granted
for
its
Lockport
refinery
a
variance
from
Rule
406
of
Chapter
3:
Water
Pollution
subject
to
the
following
conditions:
1.
This
variance
will
expire
two
years
from
the
date
of
this
Order.
2.
Petitioner
shall
not
cause
or
allow
the
discharge
of
ammonia
nitrogen
into
the
Chicago
Sanitary
and
Ship
Canal
in
excess
of
the
levels
indicated
below.
This
is
not
intended
to
alter
monitoring
and
reporting
requirements
in
the
NPDES
permit.
Monthly
Average
Daily
Composite
Ammonia
nitrogen
184
kg/day
405
kg/day
3.
Petitioner
shall
notify
the
Agency
of
any
decision
to
permanently
close
the
refinery.
4 3—352
—5--
4.
Petitioner
shall
notify
the
Agency
in
the
event
produc-
tion
is
re-established.
5.
Within
one
year
after
production
is
re-established
Petitioner
shall
provide
the
Agency
with
a
written
technical
proposal
for
compliance
with
Rule
406.
This
shall
include
a
proposal
for
in
stream
aeration
as
outlined
in
the
Opinion.
6.
Petitioner
shall
notify
the
Agency
at
the
time
its
wastewater
treatment
plant
is
shutdown
and
also
at
the
time
its
wastewater
treatment
plant
is
brought
back
into
operation
for
final
cleanup.
7.
Within
forty—five
days
of
the
date
of this Order,
Petitioner
shall
execute
and
forward
to
the
Illinois
Environ-
mental Protection Agency, Variance Section,
2200 Churchill
Road,
Springfield,
Illinois
62706,
a
Certificate
of
Acceptance
and
Agreement
to
be
bound
to
all
terms
and
conditions
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:
CERTIFICATION
I,
(We,)
,
having
read
and
fully
understanding
the
Order
in PCB
81-70,
hereby
accept
that Order and agree to be bound by all of its terms and
conditions.
SIGNED
________________________________
TI
TLE
__________________________________
DATE
______________________________
8.
The
Agency,
pursuant
to
Rule
914
of
Chapter
3:
Water
Pollution,
shall
modify
NPDES
permit
No.
1L0002305
consistent
with
the
conditions
set
forth
in
this
Order.
IT
IS
SO
ORDERED.
43—353
—6—
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby cer~ifythat the above Order was adopted
on the
~
day
~
,
1981 by a vote of
~
43—354