ILLINOIS POLLUTION CONTROL BOARD

September 29, 1977

UNION OIL COMPANY OF CALIFORNIA,

Petitioner,

V.

)

PCB 77—163

ENVIRONMENTAL PROTECTION AGENCY,

Respondent,

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

This matter comes before the Board on an amended petition

for variance from the requirements of Rule 406 (Ammonia Nitrogen

as N) of Chapter 3: Water Pollution of the Board’s Rules and

Regulations. The Agency has recommended that the variance be

granted subject to certain conditions.

Petitioner owns and operates an oil refinery in Lemont,

Illinois which discharges to the Chicago Sanitary and Ship Canal.

The refinery processes approxi:~ate1y 150,000 barrels of crude oil

per day and discharges approximately 3.5 million gallons per day

of process wastewater. Ever since Petitioner’s wastewater treat-

ment system began operations, it has failed to produce an effluent

of 3.0 mg/i ammonia nitrogen as required by Rule 406 even though

the system was designed to meet a limit of 2.5 mg/i. The concen-

tration of ammonia nitrogen in Petitioner’s effluent has ranged

from 3.2 to 7.6 mg/i on the basis of monthly averages from

June, 1976 through May 1977.

Petitioner claims that there is no “demonstrated,” “practicable,”

or “available” technology which can bring this facility into com-

pliance with Rule 406. While these claims are relevant to the

issue of arbitrary or unreasonable hardship, they cannot cloud the

fact that Petitioner must eventually comply with Rule 406.

The Board was faced with a similar situation in the case

of Mobil Oil Corporation v. EPA, PCB 77—22 (decided June 9, 1977).

In that case the Board grant~Thobila one year variance with

interim effluent conditions based upon Mobil’s performance. The

Board agreed with Mobil and the Agency that although the Des Plaines

River (with ammonia levels now at 3.6 to 9.2 mg/i) was not meeting

the 1.5 mg/I water quality standard for ammonia, granting a one

year variance would not cause significant additional adverse en-

vironmental effects, As a further condition Mobil was required

to conduct research that could lead to compliance with Rule 406.

26—611

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In this case etitionm~ as usked ~

year variance.

It should be notea that the dute for cot.

i ~th the 3.0

mg/i

standard passed over 33 mont a o. Th~s r ~re shall

run for

only one year fror tue datr o this Order t ~t the Board can

be advised of Peit~oneu~ssuccess in ireving ard compliance.

Petitioner seers rnte r ei~Luent lii ~ ~ based upon

the Federal stardard for ~ Lract1cab~e t d~o1ogy. While

these pound 1nnutatio~ are a gooc d~c~

~.

t

erformance

throughout the refiniru irS stry, i-thy

no

ad upon

the

performance of this nart: ular ?~?t~

icy has

proposed

that concentra ions based n

Ic s o~

this facility

and Petitioner a propo~ei po~ru limit

)~

Neither

approach

impresses the Board as u ap~roo rat~

evaluate

Petitioner’s

present ammonia rerova capabjiji-

a proposal

would

require a consi~tenL ever f trca~

~ci er what the

flow

may be, Petitione~ has rho

~

aI

~u

or ~e to date

has not

been consistent The Board dali ado~- ~thitio er~s proposal be-

cause these are the Federai ~ andard~ I I it uust meet

anyway

and because no better ci teria rat

c’erted. The ammonia

levels (at 3.5 MGD would be abcut

,‘i f r the daily

average loading

The Board finds t at I

nreasonalie to order

Petitioner to develop a cor’t

tea

in a oecif red period

of time. Instead tic Soar -l

y

r~-

,tiat Petitioner

submit bi-monthly renort’s o

i

r~ e~ a h~?gency- These

reports should include stun

cI it. an a research

efforts

and evaluations of the biclo al u ~r c

I

n urocess

including

but not limited to biciog c ~o tact.

~,

e two—-sludge”

system,

etc. Ammonia sur pping shou a~so I

~~tiqited.

The Board finds that a e year

at

u~e i I not have a

significant adverse enviror~ie tar ieue~ tie ~hicago

Sanitary

and Ship Canal since P-~’titJoncrwill I

rr~oatIng only

0.057

mg/I over the amrronia Le -~i cportea

i~am I a dissolved

oxygen levels it tne ~Lr.~o~s Ruver it. ~e Lu ‘~ranqePool (a

critical area) appear to be ar or above loath sta1dards,

Since

this petition was filed on June 17, l9~7 the Soard finds that

it would be appropri~te for this variance to r n from July 1,

1977.

Immediate compliance

will

Bide 406 of ~aut-~ 3: Water Pol-

lution of the Bo~rd Rules a S Reguia’-io a~ I impose an

arbi-

trary and unreas ir e n dr-~i~on Pettior~e’

This Opinion ~onst~tutes the findinc’s o~ fact and

conclusions

of law in this ma le~

It is ti

1) Pet’+ ~oner stall cc gr-nted a ra~r- S om the

require-

ments or ~le ~6 or CIa~ter3: ~a

L

r of the

Board’s

Rules and Regua~ions ror a period te

~uly 1, 1977

until one ~ar fror the data of this

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2) During the

term

of this variance Petitioner shall be

required to

limit

its discharge of ammonia nitrogen to a

daily average of 575 pounds and a daily maximum of 1260

pounds.

3) Petitioner shall make a good faith effort to develop

a program which will enable it to comply with Rule 406. In

developing this program Petitioner shall conduct research on

alternative treatment techniques. This research shall in-

clude an analysis of biological nitrification in various

formats,

4) Petitioner will submit bi-monthly progress reports on

its research efforts, detailing with particularity what

methods or systems are being tried or considered, to the

Agency.

5) Petitioner shall within twenty-eight (28) days after

the date of the Board Order herein, execute and forward to

the Illinois Environmental Protection Agency, Variance Section,

Manager, Division of Water Pollution Control, 2200 Churchill

Road, Springfield, Illinois, 62706 and to the Illinois Pol-

lution Control Board, a Certificate of Acceptance and Agree-

ment to be bound by all of

the

terms and conditions of the

Variance. The form of sa.d certification shall be as follows:

CERTIFICATION

I (We),

having read

and fully’ii

~rstandingt

~r

of

the Illinois Pollution

Control Board in PCB 77-163 hereby accept said Order and

agree to be bound by all of the terms and conditions thereof.

SIGNED ________________________________

TITLE ____________________________________

DATE _____________________________________

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board hereby certify the ab ye Opinion and Order were adopted pn

the

~

day of

_________________,

1977 by a vote of

‘I—b

~7-573