ILLINOIS POLLUTION CONTROL

BOARD

October 31, 1974

)

CLARK OIL REi~INING CORPORATION

)

)

PCB 74-283

ENVIRONMENTAL

PROTECTION AGENCY

)

I

MR.

IV, GERALD THURSBY and MR. CLIFTON A. LAKE, OF HACKBERT, ROOKS,

PITTS, FULLAGAR ~ POUST, appeared on behalf of the Petitioner;

MR.

JOSEPH E. SVOBODA, appeared on behalf

of

the Environmental

Protection Agency

OPINION AND ORDER OF

THE

BOARD (by

Mr.

Dumelie):

Petition for extension of variance granted on October 11,

1973

in

PCB 73~-238by the Board was filed on July 30, 1974,

The variance of October 11, 1973 was from Rule 404(b)

with respect to BOB and suspended solids on condition that these

do not exceed 50 mg/i; from Rule 408(a) with~respect to phenols

on condition that effluent concentrations not exceed 1.0 mg/i;

and from Rule 408(a) as to cyanide on condition that effluent

concentrations not exceed 0.3 mg/i, in order to provide sufficient

time to study the problem and develop a program for cyanide

control.

Petitioner has contracted to have built a new biological

oxidation facility for control of phenols, cyanides, BUD and

suspended solids. This facility is being built on the protected

side of the U.S. Army Corps of Engineers levee in order to

avoid the recurrent problems associated with seasonal flooding

of the Mississippi River. Clark’s existing oxidation ponds

are located on the unprotected side of the levee and have on

various occasions been made inoperative by flooding.

Petitioner alleges that while the completion date for the

new treatment plant

was July 30,

1974, there has been a delay

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due to factors beyond his control. The causes for delay are a

strike

of

truck drivers and a shortage of steel for tanks.

The

Agency

accepts the validity of both of these claims.

Petitioner requests extension of variance granted by the Board

in PCB 73-238 to December 31, 1974 when the new plant is scheduled

for completion.

Petitioner has requested that the variance extension include

a permissible effluent suspended solids concentration of 75 mg/i

for 90~of the time and 100 mg/i for 10 of thetime. It claims

this

is necessary because of a build up of silt in the effluent

channels leading to the Mississippi River, during high water and

that this increases the suspended solids as the water recedes.

The Agency, while cognizant of the severe seasonal flooding

the past two years, points out that since the variance request

is till December 31, 1974, and this period is traditionally

one of low river water level, a change in suspended solids

standard is not warranted, especially since Petitioner has

offered no proof justifying modification of the 50 mg/i, suspended

solids standards at all times. We concur with the Agency in

denying this request.

The record in this case is silent on progress in the cyanide

reduction development program mandated in PCB 73-238. The Board’s

Opinion in that proceeding stated:

The Board grants Clark a variance from the cyanide

limits for one year in order to allow Clark to inves-

tigate the source of the cyanide, conduct research

as to possible upstream removal, and to evaluate

treatment systems subject to the limitations that

f o 110w.

Nowhere in the petition is mention made of findings as

to the “source of the cyanide” or “possible upstream removal”

or an “evaluation of treatment systems”. While hi-monthly

research reports may have been made to the Agency as required

in PCB 73-238 none have been furnished to the Board. And

since the year for research has now elapsed, Clark has the

burden to present its results before an extension to the

cyanide variance is granted.

Tnis Opinion constitutes the Board’s findings of facts

and conclusions of law,

ORDER

It is the Order of the Pollution Control Board that:

1. The Board hereby grants Clark a variance from Rule 404(b)

from July 30, 1974 until December 31, 1974, subject

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to the conditions that Clark’s effluent concentrations

of BUD and suspended solids not exceed SO mg/l.

2. The Board hereby grants Clark a variance from Rule 408,

as it applies to phenols, from July 30, 1974 until

December 31, 1974, subject to the condition that

Clark’s effluent concentration of phenol not exceed

1.0 mg/i.

3. The Board hereby denies, without prejudice a variance

from Water Pollution Rule 408 as it applies to cyanide.

IT IS SO ORDERED.

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

Board, hereby certify the above Opinion and Order were adopted on

the~JuS~day of October, 1974 by a vote of

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Illinois Pollution C rol Board