ILLINOIS POLLUTION CONTROL BOARD
September
21, 1978
UNION OIL
COMPANY
)
OF CALIFORNIA,
)
Petitioner,
v.
)
PCB 78—168
)
ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Dumelle):
Petitioner is seeking an extension of a prior variance from
Rule 406 of Chapter
3:
Water Pollution of the Board’s Rules and
Regulations.
(See Union Oil Company v. EPA,
27 PCB 511, Septem-
ber 29,
1977).
The Agency has recommended that the variance be
granted subject to certain conditions.
No hearing was held.
Petitioner is requesting three years
to develop a program
which will result in compliance with Rule 406.
In the interim
Petitioner asks that its discharge of ammonia be limited
to
575
pounds daily average and 1260 pounds daily maximum.
These are
the Federal BPT standards.
Approximately two—thirds of the crude oil processed at
Petitioner’s Chicago Refinery is “sour” and high in nitrogen.
As ammonia controls, Petitioner has installed sour water strip-
pers, eliminated once—through barometric condenser water, seg-
regated its sewers, and eliminated all once-through cooling
water.
In addition, Petitioner has installed a waste water treat-
ment system consisting of equalization and storm water diversion,
API
separators,
primary and final clarifiers with a bottom
settling tank, activated sludge and oxidation ponds, and a
polishing pond.
Petitioner has also instituted practices which
it characterizes as
“best available technology”.
In 1977 these
improvements resulted in a monthly average effluent of 16.0 mg/i
ammonia.
The standard for this facility is 3.0 mg/i.
The
principal reasons cited by Petitioner for its noncompliance are
emergency operational problems, severe cold weather and a major
fire caused by lightning.
Petitioner
is proposing to institute
a three-pronged program of ammonia reduction which will consist
of identifying and controlling sources of ammonia, improving
ammonia removal facilities
(including stripper system reliability
and cold weather nitrification), and research through an indep-
endent consulting firm.
No mention is made of any plans to reduce
the Chicago Refinery’s dependence on sour crude oil.
31—499
~i-
‘I~
—2—
Petitioner discounts the environmental impact of this
variance because of the upstream ammonia pollution of the Chicago
Sanitary and Ship Canal by the Metropolitan Sanitary District.
The Agency has recommended that the term of this variance be
limited to one year and that a written compliance program be
submitted at the end of that period.
The Agency points to the fact
that Petitioner’s wastewater treatment system has not lived up to
its design specifications and that compliance with Federal
standards is unimportant.
Petitioner states in its Response that its system was
designed for an influent ammonia concentration of “virtually zero”.
This is puzzling since the ammonia water quality in the Ship
Canal has been known for some time.
Petitioner states that it
assumed greater efficiency from its strippers.
Problems have
arisen from the “varying nature of the
‘sour water’ processed”.
Once again, no mention is made of the fact that a significant
increase in ammonia has come from the “sour crude” processed at
the refinery.
Petitioner asserts that its design ammonia effluent
concentration was “overly ambitious” since it exceeded the Fed-
eral BPT standards.
This reliance on Federal standards is
misplaced since the standard in this instance
(3.0 mg/i)
is
based on a strategy for achievement and maintenance of downstream
dissolved oxygen concentrations.
The Board has been advised of Petitioner’s problems and pro-
gress
in this area and agrees that denial of a variance would
constitute an arbitrary and unreasonable hardship.
The Board
does not agree that three more years with no firm compliance plan
is warranted.
This variance shall run for two years from Septern-
ber
30,
1978 with a compliance program expected by September 29,
1980.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Pollution Control Board that Petitioner
be granted a variance from Rule 406 of Chapter
3:
Water Pollution
of the Board’s Rules and Regulations from September 30, 1978 to
September 29,
1980 subject to the following conditions:
1.
Discharge of ammonia—nitrogen into the Ship Canal
shall not
exceed
a daily average of 575 pounds and
a daily maximum of 1,260 pounds;
2.
Petitioner shall continue to make a good faith
effort to develop a program which will enable it
to comply with Rule
406.
Petitioner shall continue
31—500
—3—
to pursue research efforts including analysis of
biological nitrification in various formats;
3.
Petitioner shall submit to the Agency bi—monthly
progress reports on its research efforts, detailing
with particularity what methods and systems are
being tried or considered.
These reports shall
reflect the ammonia—nitrogen concentrations in
Petitioner’s effluent discharge during the preced-
ing two-month period;
4.
Petitioner shall, no later than September 29, 1980,
provide the Agency with a written technical proposal
and time schedule for compliance with Rule 406;
5.
Within 45 days after the date of the Board’s
Order herein, the Petitioner shall execute and
forward to the Illinois Environmental Protection
Agency, Variance Section,
2200 Churchill Road,
Springfield, Illinois,
62706,
a Certification of
Acceptance and Agreement to be bound to all terms
and conditions of the variance.
This 45 day period
shall be held in abeyance for any period during
which this matter is appealed.
The form of said
Certification shall be as follows:
CERTIFICATION
I
(We), _____________________________________ having
read and fully understanding the Order of the Illinois
Pollution Control Board in PCB 78-168 hereby accept
said Order and agree to be bound to all terms and condi-
tions thereof.
SIGNED _______________________
TITLE
______________________
DATE
________________________
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the
~
day of ~
,
1978
by
a vote of
g—o
.
Q
Christan L. Mof~~9ft,Clerk
Illinois Pol1ut~&iControl Board
31—50j.