ILLINOIS POLLUTION CONTROL BOARD
May 15, 1997
IN MATTER OF:
PETITION OF SHELL WOOD RIVER
REFINING COMPANY FOR ADJUSTED
STANDARD FROM 35 Ill. Adm. Code
725.213 and 725.321
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AS 97-3
(Adjusted Standard - RCRA)
OPINION AND ORDER OF THE BOARD (by J. Yi):
This matter comes before the Board on a petition for adjusted standard filed September
3, 1996, by Shell Wood River Refining Company (Shell or petitioner) located near Roxana
Illinois, Madison County. Shell filed an amended petition on January 10, 1997.
1
Shell is
requesting an adjusted standard from the closure and design provisions of 35 Ill. Adm. Code
725.213 and 725.321 respectively; petitioner seeks to delay closure of certain wastewater
treatment ponds at its Wood River facility so as to use the ponds to treat nonhazardous waste
and maintain compliance with its National Pollution Discharge Elimination System (NPDES)
permit. In accordance with 35 Ill. Adm. Code 106.712, Shell notified the Board on October 2,
1996, that it caused notice to be timely published in the Alton Telegraph. The Agency filed a
response to the Shell's amended petition on February 3, 1997.
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For the reasons stated below the Board grants Shell's request subject to certain conditions.
BACKGROUND
Shell owns and operates a petroleum refinery in Roxana, Illinois. As part of the facility
Shell operates a wastewater treatment plant. (A.Pet. at 3.) Shell's wastewater treatment plant, on
the average, discharges 7.9 million gallons per day (MGD) of treated process, sanitary, and
stormwater through Outfall 001 into the Mississippi River. (A.Pet. at 3-4.) Shell wastewater
treatment plant also receives and treats both raw effluent from Cardox Corporation and treated
sewage from the Village of Roxana Sewage Treatment Plant. (A.Pet. at 4.) These are combined
with Shell’s effluent and also discharged through Outfall 001. (Id.)
Shell states that its wastewater treatment systems consists of primary and secondary
treatment. (Id.) The primary treatment facilities include neutralization, oil/water separation,
dissolved air flotation and equalization all of which occur in Pond #1. (Id.) Pond #1 is the focus
of Shell's requested relief in this matter. The wastewater treatment plant's secondary treatment
facilities consist of an activated sludge aeration basin and clarifiers. (Id.). Shell states "[e]ffluent
from the secondary treatment system is transferred through the Mississippi River levee by gravity
flow to polishing lagoons for tertiary treatment and, ultimately, to outfall 001." (Id.) Shell
1
The amended petition will be referenced to as "A.Pet. at ".
2
The Agency's response will be referred to as "Resp. at ".
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indicates that when the effluent flow through the gravity line exceeds its capacity, the local levee
district authority is required to operate its pump station to prevent localized flooding. (Id.) Shell
states that the levee district is not set up to run its pumps on a regular basis and that flow
equalization in Pond #1 would eliminate most occurrences requiring use of the levee district
pumps. (Id.)
Shell states that the USEPA’s revised Toxicity Characteristic Leaching Procedure (TCLP)
which became effective on September 25, 1990 (55 Fed. Reg. 11850) resulted in measurement of
certain of Shell’s waste material at concentrations considered to be hazardous. (Id.) Pond #1
became part of a hazardous waste management facility due to this change by USEPA. (A.Pet. at
4-5.) Shell asserts that Pond #1 was a hazardous waste management unit because the
concentration of benzene in the wastewater entering the pond can exceed the regulatory limit of
0.5 milligrams per liter (mg/l) as measured by the TCLP. (A.Pet. at 5.) Shell also states that
"effective May 2, 1991, the petroleum refinery sludge rule (55 Fed. Reg. 46354) resulted in the
reclassification of additional wastes in Pond #1 as listed hazardous wastes F037 and F038." (Id.)
Shell states that "[o]n March 22, 1991, Shell submitted a RCRA Part A & B application
for Pond #1 and one other pond as a Class three modification to the existing RCRA Part B permit
(ILD-080012305), which was granted November 3, 1989." (Id.) Shell states that Pond #1 and
the other pond are now operating under interim status regulations and that Shell submitted an
amended RCRA Part A and B application with the intent to continue operating both ponds. (Id.)
Pond #1 was placed in service in 1957 and was constructed by excavation within a
predominately clay unit. Pond #1 occupies approximately 1.25 acres at the facility, is
approximately 12 feet deep, is lined with a three inch layer of asphalt and has a total holding
capacity of 3.9 million gallons. (Id.) Its primary function is to provide hydraulic and organic
load equalization for the influent wastewater stream to the biological treatment system. Shell
states that it "took Pond #1 out of hazardous waste service to meet RCRA and benzene waste
NESHAP’s requirements in March, 1994, and the hazardous liquids and sludges were removed
during 1994." (Id.) Shell intends to re-use Pond #1 as part of its nonhazardous wastewater
treatment process. (Id.) Shell asserts that Pond #1 will provide diversion capacity for
nonhazardous wastewater from the clarifiers in the event an NPDES control parameter exceeds
certain limits; temporary storage of water that must be recycled to the refinery to meet water
demands; hydraulic load equalization for the outfall lines to the polishing ponds and discharge to
the Mississippi River. (A.Pet. at 5-6.) Shell states that it needs diversion capacity approximately
2 times per month to maintain compliance with NPDES limits and that hydraulic load
equalization is needed several times per month to avoid excessive use of the levee district’s
pumping station which, as discussed above, can not be operated on a regular basis. (A.Pet. at 6.)
Shell is requesting an adjusted standard from the closure requirements in order to use Pond #1 for
diversion capacity for nonhazardous wastes. (Id.)
PROPOSED ADJUSTED STANDARD
Shell proposes the following adjusted standard:
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The Shell Wood River Refining Company located near Roxana, Illinois, in
Madison County is hereby granted an adjusted standard to the
requirements of 35 Ill. Adm. Code 725.213 for its Treatment Pond #1 that
will allow Pond #1 to operate as a post-treatment retention unit without
closure, subject to the requirement that it implement the contingent
corrective measures plan and file an adjusted standard petition with the
Board within 35 days after a confirmed detection by the groundwater
monitoring system of any release of a hazardous constituent from the
pond. Shell Wood River Refining Company shall also file semi-annual
reports with the Agency following a confirmed detection. If Shell Wood
River Refining Company fails to file said adjusted standard petition with
the Board and/or fails to implement the contingent corrective measures
plan this adjusted standard will terminate and closure of Pond #1 shall
begin pursuant to the terms of the Closure Plan. Finally, for one year
following the issuance of this adjusted standard or for twelve (12) discrete
diversion events, whichever is longer, Shell shall sample the diversion
influent to Pond #1 for each diversion event, analyze for benzene using
EPA Method 1311/8020 ("TCLP"), and record the results. In the event
that the TCLP limit for benzene (0.5 mg/L) has not been exceeded during
the initial sampling period, sampling shall no longer be required. If the
TCLP limit for benzene is exceeded during the initial sampling period, the
sampling period shall be extended for one year. (Id.)
The Agency states that Shell's proposed adjusted standard language in the amended
petition "acceptable" but also states that "[t]he proposed adjusted standard should be read with
the definition of 'discrete diversion event' as found in the Statement of Reasons for Shell Wood
River Refining Company’s Amended Petition for Adjusted Standard." (Resp. at 3-4.) The
Agency states that Shell's statement of reasons defines discrete diversion event "as a continuous
discharge of waters into Pond 1, regardless of duration." (Id.)
The Board notes that this matter has been captioned by petitioner as requesting relief from
35 Ill. Adm. Code 725.321 in addition to Section 725.213. Section 725.321, Design and
Operating Requirements, sets forth the requirements for operating a hazardous wastes surface
impoundment. The Board notes that adjusted standard relief from Section 725.321 is granted
pursuant to Section 725.312(e) for the operating of a hazardous waste surface impoundment for
the receipt of nonhazardous waste while it does not meet the requirements of Section 725.321.
Therefore by granting relief under Section 725.213(e) Shell will be allowed to operate its
hazardous waste surface impoundment for nonhazardous waste without meeting the requirements
of Section 725.321.
REGULATORY FRAMEWORK
Section 725.213 Closure; Time Allowed for Closure
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e)
Surface impoundments. In addition to the requirements in subsection (d), above,
an owner or operator of a hazardous waste surface impoundment which is not in
compliance with the liner and leachate collection system requirements in Section
725.321(a) shall receive non-hazardous wastes only as authorized by an adjusted
standard pursuant to this subsection.
1)
The petition for adjusted standard must include:
A)
A plan for removing hazardous wastes; and
B)
A contingent corrective measure plan.
2)
The removal plan must provide for:
A)
Removing all hazardous liquids; and
B)
Removing all hazardous sludges to the extent practicable without
impairing the integrity of the liner or liners, if any; and
C)
Removal of hazardous wastes no later than 90 days after final
receipt of hazardous wastes. The Board will allow a longer time, if
the owner or operator demonstrates:
i)
That the removal of hazardous wastes will, of necessity,
take longer than the allotted period to complete; and
ii)
That an extension will not pose a threat to human health
and the environment.
3)
The contingent corrective measures plan:
A)
Must meet the requirements of a corrective action plan under
Section 724.199, based upon the assumption that a release has been
detected from the unit.
B)
May be a portion of a corrective action plan previously submitted
under Section 724.199.
C)
May provide for continued receipt of non-hazardous wastes at the
unit following a release only if the owner or operator demonstrates
that continued receipt of wastes will not impede corrective action.
D)
Must provide for implementation within one year after a release, or
within one year after the grant of the adjusted standard, whichever
is later.
8)
Adjusted standard procedures. The following procedures must be used in
granting, modifying or terminating an adjusted standard pursuant to this
subsection.
A)
Except as otherwise provided, the owner or operator shall follow
the procedures of 35 Ill. Adm. Code 106.Subpart G to petition the
Board for an adjusted standard.
B)
Initial justification. The Board will grant an adjusted standard
pursuant to subsection (e)(1), above, if the owner or operator
demonstrates that the removal plan and contingent corrective
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measures plans meet the requirements of subsections (e)(2) and (3),
above.
C)
The Board will include the following conditions in granting an
adjusted standard pursuant to subsection (e)(1), above:
i)
A plan for removing hazardous wastes.
ii)
A requirements that the owner or operator remove
hazardous wastes in accordance with the plan.
iii)
A contingent corrective measures plan.
iv)
A requirement that, in the event of a release, the owner or
operator shall: within 35 days, file with the Board a petition
for adjusted standard; implement the corrective measures
plan; and, file semi-annual reports with the Agency.
v)
A condition that the adjusted standard will terminate if the
owner or operator fails to: implement the removal plan; or,
timely file a required petition for adjusted standard.
vi)
A requirement that, in the event the adjusted standard is
terminated, the owner or operator shall commence closure
of the unit in accordance with the requirements of the
closure plan and this Part.
D)
Justification in the event of a release. The Board will modify or
terminate the adjusted standard pursuant to a petition filed under
subsection (e)(5)(A), above, as provided in that subsection or in
subsection (e)(7), above.
LEVEL OF JUSTIFICATION
Shell states that the level of justification is set forth in 35 Ill. Adm. Code
725.213(e)(8)(B). (A. Pet. at 2.) The Agency agrees with Shell that 35 Ill. Adm. Code
725.213(e) defines the level of justification and that the requirement is met upon the
demonstration of the adequacy of the removal and contingent corrective measures plan. (Resp. at
2.) The Agency further states "that the removal of the hazardous wastes at the facility has been
completed as indicated in a Certification Report, prepared by Woodward-Cycle Consultants in
March 1995, documenting the removal of hazardous wastes." (Resp. at 2-3.) Since the Agency
believes that removal has already been completed, the Agency states that the removal plan
requirement of 35 Ill. Adm. Code 725.213(e)(1)(A) has been satisfied leaving only the corrective
action measures plan requirements. (Resp. at 2.)
The Board agrees with the parties that the level of justification for granting an adjusted
standards is set forth in Section 725.213(e)(8). This matter has been docketed as an "Adjusted
Standard" and been brought pursuant to 35 Ill. Adm. Code 725.213 which states the level of
justification necessary in order for the Board to grant relief. Therefore, pursuant to Section
28.1(C), the level of justification is as set forth in Section 725.213. As noted above, Shell must
demonstrate that that the removal plan and contingent corrective measures plans meet the
requirements of Sections 725.213(e)(2) and (3).
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PARTIES' ARGUMENTS ON JUSTIFICATION FOR THE REQUESTED ADJUSTED
STANDARD
As noted above 35 Ill. Adm. Code 725.213(e)(8)(B) requires petitioners to demonstrate
that the removal plan set forth in subsection (e)(2) of that Section and plans for contingent
corrective measures (CCM) plan pursuant to subsection (e)(3) of that Section comply with Board
regulations. Shell states that it "has already implemented many of the elements of these plans
including groundwater monitoring, and amending its permit application to include a corrective
action plan." (A. Pet. at 8.)
Removal Plan
Shell states that the "Illinois RCRA requires that '[t]he removal plan must provide for the
removal of all hazardous liquids and sludges'." (Id.) Shell also states that it removed the
hazardous liquids and sludges from Pond #1 in accordance with the closure plan submitted in
September, 1993. (Id.) The Agency asserts that Shell has already completed removal of all
hazardous liquids, sludges in compliance with Section 725.213(e)(2). (Resp. at 2 and 4.)
Contingent Corrective Measures Plan
The CCM plan must contain the components which are described below.
1. Groundwater monitoring plan. (724.199(h)(2)(B))
Shell states that it "initiated a groundwater detection monitoring program, as required for
interim status impoundments." (A.Pet. at 8.) Shell explains that the "program consists of 8
monitoring wells which are tested on a quarterly basis." (Id.) Shell claims that groundwater flow
is determined annually and commits to follow this program for the period of this adjusted
standard. (Id.)
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2. Notification and description of corrective action to Agency.
Shell maintains that its RCRA Part B permit contains a corrective action plan for releases
from hazardous waste management units including the ponds. (A.Pet. at 8-9.) Shell asserts that
it has demonstrated, through an alternate "Source Demonstration," that any groundwater
contamination in the vicinity of the ponds came from other sources and has proposed a program
of Corrective Measure Study to USEPA as a method of developing appropriate corrective
measures for the contamination.
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(A.Pet. at 9.)
3
Details of the program that is being conducted at present are given in Attachment #9 to
Shell's petition filed September 3, 1996, entitled "Response to Conditions Draft MTR Waiver
for Pond 2."
4
See Attachment #10 to Shell's petition filed September 3, 1996.
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Shell asserts that "[t]he only types of emergencies likely at the pond was (sic) determined
to be leaks, and an evaluation of indicator parameters and hazardous constituents showed no
evidence of leakage from the pond" and cites to Attachment #9 of its amended petition at page 2.
(Id.) Additionally, Shell states that "[d]uring 1994 all hazardous sludges and liquids were
removed from Pond #1" and that it submitted a description of corrective action for the pond to
the Agency. (Id.) Shell further states that this corrective action plan was submitted as part of the
its Part A and Part B Application which was updated in June 1995. (Id.)
The Agency states that the CCM plan requirement is satisfied due to the corrective action
plan that is part of Shell’s RCRA Part B permit that was updated in June 1995. (Resp. at 3.) The
Agency asserts that "Shell is obligated under its RCRA Part B permit to comply with the
requirements of 35 Ill. Adm. Code 724.199 and 35 Ill. Adm. Code 724.200" which require Shell
to perform groundwater monitoring and corrective action as required. (Id.) The Agency also
states that 35 Ill. Adm. Code 725.213(e)(5) & (8) require procedures if there is a release from the
Pond #1. (Id.) The Agency states that the amended petition's proposed adjusted standard
language requires compliance with these provisions and, therefore, satisfies this element. (Id.)
ENVIRONMENTAL IMPACT
Shell maintains that the continued use of the pond will be protective of health and the
environment and will provide for the further treatment of recycled nonhazardous wastewater.
(A.Pet. at 7.) Shell asserts that there have been no known unpermitted releases to surface waters
from this pond, as discussed all hazardous sludges were removed from Pond #1, and that the area
in which the Pond #1 is located is presently subject to groundwater monitoring. (Id.)
The Agency agrees with Shell to the extent that the proposed use of Pond #1 should have
no substantial adverse impact on the environment. (Resp. at 4.) However, the Agency believes
that the testing for benzene as noted in Shell's amended petition is necessary to monitor for the
presence and level of contamination in the wastewaters in Pond #1. (Id.)
COMPLIANCE ALTERNATIVES
Shell states that the alternative would be to take Pond #1 out of service and completely
close it by capping. (A.Pet. at 6.) Shell further states that it would require installing a tank with
equivalent diversion capacity so that it is able to meet its NPDES permit limits. (Id.) Shell
claims that it would cost approximately five million dollars, and could result in violation of
Shell’s NPDES permit limits during the construction and start-uprerouting and construction of
the tank. (Id.) In addition, installation of such a tank system would be physically impossible at
the wastewater treatment plant due to the lack of available property. (Id.)
The Agency states that the compliance alternative would be to "complete RCRA closure
of Pond #1 as described in the amended petition and find some other alternative for the
occasional diversion of waste waters." (Resp. at 3.)
CONSISTENCY WITH FEDERAL LAW
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Shell states Section 725.213 is based on 40 CFR §265.113, one of the regulations
implementing the Resource Conservation Recovery Act which provides that upon approval an
owner or operator may receive nonhazardous wastes in a landfill, land treatment, or surface
impoundment. (A.Pet. at 2.) Shell asserts that the Board may grant such relief through this
procedural mechanism consistent with federal law. (A.Pet. at 9.)
The Illinois EPA agrees with Shell that the adjusted standard as requested would be
consistent with federal law. (Resp. at 4.)
DISCUSSION
As stated previously Shell's level of justification is set forth by 35 Ill. Adm. Code
725.213(e)(B)(8). The Board finds that Shell has met its burden in demonstrating that level of
justification. Specifically, we find that Shell has already removed all hazardous liquids and
sludges to the extent practicable without impairing the integrity of the liner and has developed a
CCM plan that meets the requirements of 35 Ill. Adm. Code 724.199. Having found that Shell
has met the level of justification pursuant to Section 725.213(e)(B)(8) requires the Board to
include in its order the following conditions:
1)
A plan for removing hazardous wastes;
2)
A requirement that the owner or operator remove hazardous wastes in accordance
with the plan;
3)
A contingent corrective measures plan;
4)
A requirement that, in the event of a release, the owner or operator shall: within
35 days, file with the Board a petition for adjusted standard; implement the
corrective measures plan; and, file semi-annual reports with the Agency;
5)
A condition that the adjusted standard will terminate if the owner or operator fails
to: implement the removal plan; or, timely file a required petition for adjusted
standard; and
6)
A requirement that, in the event the adjusted standard is terminated, the owner or
operator shall commence closure of the unit in accordance with the requirements
of the closure plan and this Part.
Since Shell has already removed the hazardous liquids and sludges the first two conditions are
not necessary and will not be placed as conditions to the Board's grant of the requested relief
from 35 Ill. Adm. Code 725.321. However, the remaining conditions will be included.
This constitutes the Board's findings of fact and conclusion of law in this matter.
ORDER
Pursuant to the Board's authority granted in Section 28.1 of the Act and the procedures set
forth in 35 Ill. Adm. Code 213.312(e) the Board grants Shell's request for an adjusted standard so
that it can operate Pond #1 as part of its wastewater treatment system for post-treatment retention
9
of nonhazardous waste without meeting the requirements of 35 Ill. Adm. Code 725.321. The
Board's grant of an adjusted standard is subject to the following conditions:
1)
This adjusted standard applies to the Shell Wood River Refining Company (Shell)
located near Roxana, Illinois, in Madison County for its Treatment Pond #1;
2)
The adjusted standard acknowledges and requires:
a)
A corrective action plan as set forth in Shell's Resource Conservation
Recovery Act (RCRA) Part B permit;
b)
In the event of a release, Shell shall: within 35 days, file with the Board a
petition for adjusted standard; implement the corrective measures plan
included in its RCRA Part B permit; and file semi-annual reports with the
Agency;
c)
The adjusted standard granted by today's action will terminate if Shell fails
to: implement the removal plan; timely file a required petition for adjusted
standard; or for any reason for terminating the adjusted standard found at
35 Ill. Adm. Code 213(e)(7)(a); and
d)
In the event the adjusted standard granted by today's action is terminated,
the owner or operator shall commence closure of the unit in accordance
with the requirements of the closure plan and 35 Ill. Adm. Code 725; and
3)
For one year following the issuance of this adjusted standard or for twelve (12)
discrete diversion events, whichever is longer, Shell shall sample the diversion
influent to Pond #1 for each diversion event, analyze for benzene using EPA
Method 1311/8020 (TCLP), and record the results. In the event that the TCLP
limit for benzene (0.5 mg/L) has not been exceeded during the initial sampling
period, sampling shall no longer be required. If the TCLP limit for benzene is
exceeded during the initial sampling period, the sampling period shall be extended
for a total of one year. For the purposes of this condition "discrete diversion
events" is defined to be continuous discharges into Pond #1, regardless of
duration.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.
(See also 35 Ill.Adm.Code 101.246 "Motions for Reconsideration.")
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 15th day of May, 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
