R97028.PDF

ILLINOIS POLLUTION CONTROL BOARD

January 22, 1998

IN THE MATTER OF:

)

SITE SPECIFIC PETITION OF MOBIL OIL

) R97-28

CORPORATION FOR RELIEF FROM

) (Rulemaking - Water)

35 ILL. ADM. CODE 304.122, AMMONIA

)

NITROGEN EFFLUENT STANDARDS

)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by R.C. Flemal):

This matter comes before the Board upon a petition for rulemaking filed by Mobil Oil

Corporation (Mobil) on April 24, 1997. Mobil requests that the Board’s effluent regulations,

as applicable to Mobil’s refinery near Joliet, be amended to provide site-specific ammonia

nitrogen effluent standards for Mobil’s discharge to the Des Plaines River. By today’s action

the Board adopts the amendments.

The Board's responsibility in this matter arises from the Environmental Protection Act

(Act) (415 ILCS 5/1

et seq

. (1996)). The Board is charged therein to “determine, define and

implement the environmental control standards applicable in the State of Illinois.” 415 ILCS

5/5(b). More generally, the Board's rulemaking charge is based on the system of checks and

balances integral to Illinois environmental governance: the Board bears responsibility for the

rulemaking and principal adjudicatory functions; the Illinois Environmental Protection Agency

(Agency) has primary responsibility for administration of the Act and the Board's regulations,

including the regulations amended today. The Agency indicates that it supports adoption of

the amendments. Tr. at 12.

By today's action the Board adopts the amendments. They will become effective upon filing with the

Secretary of State.

BACKGROUND

Mobil owns and operates a petroleum refinery (Joliet Refinery) located near the Des

Plaines River in western Will County, approximately 10 miles southwest of Joliet. The

refinery, which began operations in 1973, is Mobil’s newest domestic refining facility. Pet. at

4. It has a rated capacity of 200,000 barrels of crude oil throughput per operating day and

employs 575 persons. Pet. at 4. Products include motor gasolines and distillate fuel oil,

kerosene jet fuel, propane, petroleum coke, sulfur, and some heavy fuel oil. Pet. at 4.

Water is used for various processes within the refinery. Waste process water, plus

contaminated surface run-off, is processed through an on-site waste water treatment plant

(WWTP) at an average rate of approximately 1900 gallons per minute. Pet. at 5. Discharge

is to the Des Plaines River via an outfall nominated Outfall 001. Mobil holds a National

Pollution Discharge Elimination System (NPDES) permit for this discharge. The ammonia

nitrogen concentration of this discharge is the subject matter of the instant proceeding.

REGULATORY BACKGROUND

The Board has promulgated various regulatory provisions that govern effluent

discharges. Among these are provisions related to the discharge of ammonia nitrogen to the

Illinois River, the Calumet River System, and parts of the Des Plaines River, as found at 35

Ill. Adm. Code 304.122. Subsection 304.122(b) contains the provision applicable to the Joliet

Refinery. In pertinent part, Subsection 304.122(b) provides that:

Sources . . . whose untreated waste load cannot be computed on a population

equivalent basis comparable to that used for municipal waste treatment plants

and whose ammonia nitrogen discharge exceeds 45.4 kg/day (100 pounds per

day) shall not discharge an effluent of more than 3.0 mg/l of ammonia

nitrogen.

The 3.0 mg/L standard of Section 304.122(b) applies to monthly average samples, as specified

at 35 Ill. Adm. Code. 304.104(a)(1).

In 1988 the Board granted Mobil a site-specific rule to supersede temporarily the

Section 304.122(b) rule.

This site-specific rule, found at 35 Ill. Adm. Code 304.214,

provided ammonia nitrogen discharge limits for Mobil’s Joliet Refinery of 20 mg/L measured

as a monthly average and 35 mg/L measured as a daily composite. Section 304.214 expired

by its own terms on December 31, 1993. However, Section 304.214 has not been repealed,

and thus still remains within the corpus of the Board’s regulations.

Prior to the expiration of Section 304.214, Mobil petitioned the Board for a variance

from the underlying regulation at Section 304.122. The Board granted the variance on March

3, 1994.

This variance was scheduled to terminate on March 3, 1998, and, among other

matters, required that if Mobil were to seek new and permanent site-specific relief, it do so by

May 3, 1996. During the period of this variance, ammonia nitrogen discharges were capped

at a maximum of 13 mg/L measured as a monthly average and 26 mg/L measured as a daily

maximum.

On August 15, 1996, the Board granted Mobil a variance modification that extended

the end date of the variance until March 3, 1999, and extended the date for filing for standards

In the matter of: Proposal of Mobil Oil Corporation to Amend the Water Pollution

Regulations (January 7, 1988), R84-16.

Mobil Oil Corporation v. Illinois Environmental Protection Agency (March 3, 1994), PCB

93-151.

alternative to those at Section 304.122(b) until May 3, 1997.

With the filing of the instant

petition, Mobile has complied with the filing date requirement.

In the instant proposal Mobil requests that ammonia nitrogen effluent limits applicable

to the Joliet Refinery be permanently set at 9.0 mg/L measured as a monthly average and 23.0

mg/L measured as a daily maximum. Mobil further requests that this proposal be effectuated

by reactivation of Section 304.214, with the new effluent limits replacing the old, and with the

old expiration date deleted.

PROCEDURAL HISTORY

A public hearing in this matter was held before hearing officer Audrey Lozuk-Lawless

in Bolingbrook, Illinois, on July 2, 1997. Mobil presented three witnesses: Lilliana Gachich,

Environmental Advisor employed by Mobil; James E. Huff of Huff & Huff, Inc.; and John H.

Koon of Parsons Engineering Science, Inc.

Mobil filed a post-hearing brief on July 28, 1997. The record in this matter was

scheduled to close on July 28, 1997. On August 6, 1997, the Environmental Bureau of the

Illinois Attorney General’s office filed a motion for leave to file comments instanter and

accompanying comments. PC 1. On August 11, 1997, the hearing officer issued an order

granting the motion instanter and accepting the comments. Given the technical nature of the

comments, and to allow response from the Agency and Mobil, the hearing officer extended the

time the record would remain open until August 25, 1997.

By order of September 18, 1997, the Board adopted Mobil’s proposal for first notice.

First notice publication occurred in the

Illinois Register

, Vol. 21, Issue 41, October 10, 1997,

at p. 13500 et seq.

The first notice rule as adopted by the Board was substantially identical to that

proposed by Mobil, with the exception of proposed termination (sunsetting) of the rule on

December 21, 2007. The Board declined at first notice to require that Mobil install

breakpoint chlorination, as urged by the Attorney General but opposed by the Agency.

Two public comments were filed during the first notice comment period, one each by

Mobil (PC 4) and the Agency (PC 5). Both urged adoption of the amendments as proposed

for first notice, including adoption of the ten-year sunset provision.

By order of December 4, 1997, the Board adopted the proposed amendments for

second notice and forwarded them to the Joint Committee on Administative Rules (JCAR) for

Mobil Oil Corporation v. Illinois Environmental Protection Agency (August 15, 1996), PCB

96-218.

See pages 5-6 of the Board’s September 18, 1997 opinion and order.

its consideration. On January 14, 1998, JCAR

voted “no objection” to the Board taking final action on

this matter.

The Board has considered whether Public Act. 90-489, which became effective on January 1, 1998,

applies to this particular rulemaking.

The Board concludes that it does not. This matter had already proceeded to

second notice prior to the effective date of Public Act 90-489. Moreover, the Board cannot make substantive

changes to a proposed rule after proceeding to second notice except in response to specific objections or

suggestions made by JCAR. 5 ILCS 100/5-40 (1996). Consequently, the only remaining step that can be taken

by the Board in this matter is the adoption of its final order and the filing of the adopted rules with the Secretary of

State. Under these circumstances, the Board believes that requesting an EcIS now would serve no practical

purpose and be contrary to the intent of Public Act 90-489.

JUSTIFICATION

Environmental Considerations

Mobil believes that the environmental impact of the proposed ammonia nitrogen load in

the Des Plaines River will be insignificant. Pet. at 12. Mobil presented a study conducted by

Huff & Huff, Inc. indicating that at the proposed standards, continued discharge of ammonia

nitrogen would not significantly change the levels of ammonia nitrogen in the Des Plaines or

Illinois Rivers, nor would it threaten water quality or the aquatic community in those rivers.

Mobil’s contention is based principally on the relatively large amount of dilution that is

available in the receiving waterway, the relatively small size of the discharge plume, and speed

with which mixing occurs. Exh. 5. On this basis, Mobil concludes that discharge under the

terms of the proposed site-specific standards will not cause violation of the in-stream water

quality standards either at the point of discharge or downstream. Pet. at 12-13.

It is noteworthy that at the point at which discharge to the Des Plaines River occurs,

the river is classified as a secondary contact waterway. 35 Ill. Adm. Code 303.441(i). The

applicable water quality standard for secondary contact waters is 0.1 mg/L of un-ionized

ammonia nitrogen. 35 Ill. Adm. Code 302.407. Mobil contends that it could discharge total

ammonia nitrogen at concentrations as high as 70 mg/L in the summer and 243 mg/L during

the winter, and still maintain compliance with the water quality standard at the edge of a

mixing zone. Exh. 5 at 17-18.

The secondary contact portion of the Des Plaines River extends downstream as far as

the I-55 bridge (35 Ill. Adm. Code 303.441(i)), which is approximately 1,000 feet

downstream from Mobil’s 001 outfall (Tr. at 53). Mobil contends that its proposed discharges

would not cause violation of the ammonia general use water quality standards applicable

downstream from the I-55 bridge. Tr. at 52.

Public Act 90-489, which amended Section 27 of the Act, requires the Board to request that the Department of

Commerce and Community Affairs (DCCA) conduct an economic impact study (EcIS) on certain proposed rules

prior to adoption of those rules. If DCCA chooses to conduct the EcIS, DCCA has 30 to 45 days after such

request to conduct the EcIS.

Ms. Lilliana Gachich also testified that the water conservation efforts at the Joliet

refinery inevitably result in a more concentrated effluent. Exh. 1. Mobil lessens the water

discharge to the sewer by increasing in-plant water reuse and increasing cooling tower

recycling. Exh 1. This highly concentrated effluent may impede the treatment because there

is less dilution in the discharge water than is typical for similar plants. Tr. at 15.

Nevertheless, Mobil contends that from an environmental perspective, it is behooved to

practice water concentration. Tr. at 15.

The Agency did not comment specifically on the environmental aspects of Mobil’s

proposed standard.

Economic Considerations and Alternative Technologies

Mobil has not been able to consistently comply with the Board’s effluent standards due

to an unstable nitrification process. Pet. at 2. However, Mobil has not found a

technologically reasonable and economically feasible ammonia nitrogen treatment system to

meet the required standard consistently.

Mobil evaluated alternative technologies to meet the Board’s ammonia nitrogen

standard, and found that each has significant capital and operating costs. Mobil has already

expended $7.78 million on an Ammonia Optimization Study and related equipment upgrades to

its treatment facility to meet the Board’s effluent standards. Pet. at 13. Those expenditures

have cost Mobil an average of $16/lb of ammonia removed. However, the incremental cost to

remove ammonia beyond the upgraded BAT system would be disproportionate, costing

$421/lb. Mobil estimates that this would increase capital costs $920,000, and increase

operating costs $1.4 million. Pet. at 14. Furthermore, Mobil claims that “the other

technologies will not be effective since the inhibition appears to arise also within the

wastewater treatment system itself and not as a result of other waste streams.” Pet. at 13.

Sunset Provision

At first notice the Board proposed that the instant site-specific rule terminate by its own

terms after ten years. The Board noted that Mobil has been able to comply with progressively

lower ammonia discharge limits over the roughly ten-year history of this matter (e.g., 20 mg/L

in the 1988 site-specific rule, 13 mg/L in the variance currently applicable, and 9 mg/L in the

instant proposal). On this basis the Board proposed that this matter be revisited in another ten

years to see whether today’s requested discharge limits continue to be appropriate at that future

time. Further, the Board requested that the participants address this issue of sunsetting of the

proposed rule in first notice comments. See September 19, 1997, opinion and order at p. 6-7.

Mobil and the Agency commented.

Mobil observed that although it “believes that it has amply proved its case for

permanent relief and believes the record before the Board and the Board’s opinion reflect that

level of proof, Mobil does not object to the proposed sunset provision.” PC 4 at 1. On this

basis, Mobil urged that the first notice regulation be adopted as proposed.

The Agency also supported addition of the sunset provision, observing:

. . . the Illinois EPA notes that the termination date of December 31, 2007

would allow the passage of two five-year permitting cycles. During this time

frame it is possible that new technology to treat ammonia nitrogen may

become available, so revisiting the ammonia nitrogen issue in ten years

would be beneficial. PC 5 at 1.

Federal Consistency

According to Mobil, the “Joliet Refinery’s WWTP effluent parameters meet or are well

below all federal effluent guidelines and standards for the appropriate petroleum refinery point

source subcategory (40 CFR 419, Subpart B - Cracking Subcategory).” Pet. at 14. The flow

rate used to derive the Best Available Technology (BAT) effluent values for a refinery the size

and configuration of Joliet’s is 5200 gallons per minute (gpm), where the Refinery’s current

flow rate is 1900 gpm, with a maximum hydraulic flow rate of 2500 gpm. The calculated

BAT ammonia limit is 956 lbs/day monthly average and 2104 lbs/day daily maximum, where

the Refinery’s current is 205 - 270 lbs/day. Pet. at 14.

CONCLUSION

Based on the record developed in this matter, the Board believes that adoption of the

amendments to 35 Ill. Adm. Code 304.214 as proposed is warranted.

ORDER

The Board directs that the following amendments be submitted to the Secretary of State for final notice

pursuant to Section 5-40 of the Illinois Administative Procedure Act.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 304

EFFLUENT STANDARDS

SUBPART A: GENERAL EFFLUENT STANDARDS

Section

304.101

Preamble

304.102

Dilution

304.103

Background Concentrations

304.104

Averaging

304.105

Violation of Water Quality Standards

304.106

Offensive Discharges

304.120

Deoxygenating Wastes

304.121

Bacteria

304.122

Total Ammonia Nitrogen (as N: STORET number 00610)

304.123

Phosphorus (STORET number 00665)

304.124

Additional Contaminants

304.125

304.126

Mercury

304.140

Delays in Upgrading (Repealed)

304.141

NPDES Effluent Standards

304.142

New Source Performance Standards (Repealed)

SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL

APPLICABILITY

Section

304.201

Wastewater Treatment Plant Discharges of the Metropolitan Sanitary District of

Greater Chicago

304.202

Chlor-alkali Mercury Discharges in St. Clair County

304.203

Copper Discharges by Olin Corporation

304.204

Schoenberger Creek: Groundwater Discharges

304.205

John Deere Foundry Discharges

304.206

Alton Water Company Treatment Plant Discharges

304.207

Galesburg Sanitary District Deoxygenating Wastes Discharges

304.208

City of Lockport Treatment Plant Discharges

304.209

Wood River Station Total Suspended Solids Discharges

304.210

Alton Wastewater Treatment Plant Discharges

304.211

Discharges From Borden Chemicals and Plastics Operating Limited Partnership

Into an Unnamed Tributary of Long Point Slough

304.212

Sanitary District of Decatur Discharges

304.213

UNO-VEN Refinery Ammonia Discharge

304.214

Mobil Oil Refinery Ammonia Discharge

304.215

City of Tuscola Wastewater Treatment Facility Discharges

304.216

Newton Station Suspended Solids Discharges

304.218

City of Pana Phosphorus Discharge

304.219

North Shore Sanitary District Phosphorus Discharges

304.220

East St. Louis Treatment Facility, Illinois-American Water Company

304.221

Ringwood Drive Manufacturing Facility in McHenry County

304.222

Intermittent Discharge of TRC

SUBPART C: TEMPORARY EFFLUENT STANDARDS

Section

304.301

Exception for Ammonia Nitrogen Water Quality Violations (Repealed)

304.302

City of Joliet East Side Wastewater Treatment Plant

304.303

Amerock Corporation, Rockford Facility

Appendix A

References to Previous Rules

AUTHORITY: Implementing Section 13 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/13 and 27].

SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 30, p.

343, effective July 27, 1978; amended at 2 Ill. Reg. 44, p. 151, effective November 2, 1978;

amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended at 3 Ill. Reg. 25, p. 190,

effective June 21, 1979; amended at 4 Ill. Reg. 20, p. 53 effective May 7, 1980; amended at 6

Ill. Reg. 563, effective December 24, 1981; codified at 6 Ill. Reg. 7818: amended at 6 Ill.

Reg. 11161, effective September 7, 1982; amended at 6 Ill. Reg. 13750, effective October 26,

1982; amended at 7 Ill. Reg. 3020, effective March 4, 1983; amended at 7 Ill. Reg. 8111,

effective June 23, 1983; amended at 7 Ill. Reg. 14515, effective October 14, 1983; amended

at 7 Ill. Reg. 14910, effective November 14, 1983; amended at 8 Ill. Reg. 1600, effective

January 18, 1984; amended at 8 Ill. Reg. 3687, effective March 14, 1984; amended at 8 Ill.

Reg. 8237, effective June 8, 1984; amended at 9 Ill. Reg. 1379, effective January 21, 1985;

amended at 9 Ill. Reg. 4510, effective March 22, 1985; peremptory amendment at 10 Ill. Reg.

456, effective December 23, 1985; amended at 11 Ill. Reg. 3117, effective January 28, 1987;

amended in R84-13 at 11 Ill. Reg. 7291 effective April 3, 1987; amended in R86-17(A) at 11

Ill. Reg. 14748, effective August 24, 1987; amended in R84-16 at 12 Ill. Reg. 2445, effective

January 15, 1988; amended in R83-23 at 12 Ill. Reg. 8658, effective May 10, 1988; amended

in R87-27 at 12 Ill. Reg. 9905, effective May 27, 1988; amended in R82-7 at 12 Ill. Reg.

10712, effective June 9, 1988; amended in R85-29 at 12 Ill. Reg. 12064, effective July 12,

1988; amended in R87-22 at 12 Ill. Reg. 13966, effective August 23, 1988; amended in R86-3

at 12 Ill. Reg. 20126, effective November 16, 1988; amended in R84-20 at 13 Ill. Reg. 851,

effective January 9, 1989; amended in R85-11 at 13 Ill. Reg. 2060, effective February 6,

1989; amended in R88-1 at 13 Ill. Reg. 5976, effective April 18, 1989; amended in R86-17B

at 13 Ill. Reg. 7754, effective May 4, 1989; amended in R88-22 at 13 Ill. Reg. 8880, effective

May 26, 1989; amended in R87-6 at 14 Ill. Reg. 6777, effective April 24, 1990; amended in

R87-36 at 14 Ill. Reg. 9437, effective May 31, 1990; amended in R 88-21(B) at 14 Ill. Reg.

12538, effective July 18, 1990; amended in R84-44 at 14 Ill. Reg. 20719, effective December

11, 1990; amended in R86-14 at 15 Ill. Reg. 241, effective December 18, 1990; amended in

R93-8 at 18 Ill. Reg. 11574, effective July 7, 1994; amended in R87-33 at 18 Ill. Reg. 11574,

effective July 7, 1994; amended in R95-14 at 20 Ill. Reg. 3528, effective February 8, 1996;

amended in R94-1(B) at 21 Ill. Reg. 364, effective December 23, 1996; expedited correction

in R94-1(B) at 21 Ill. Reg. 6269, effective December 23, 1996; amended in R97-28 at 21 Ill.

Reg. _____, effective _______________________.

BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1,

1994.

PART 304

EFFLUENT STANDARDS

SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS

NOT OF GENERAL APPLICABILITY

Section 304.214 Mobil Oil Refinery Ammonia Discharge

This Section applies to discharges from Mobil Oil Corporation’s Refinery, located near

Joliet, into the Des Plaines River.

The requirements of Section 304.122(b)

shall

do not apply to Mobil’s discharge.

Instead Mobil’s discharge

shall

may not exceed the following limitations:

CONCENTRATION

CONSTITUENT (mg/l)

Ammonia Nitrogen

Monthly Average

20 9.0

Daily

Composite Maximum

35 23.0

Section 304.104(a)

shall

does not apply to this Section. Monthly average and daily

composites are as defined in Section 304.104(b).

Mobil shall monitor the nitrogen concentration of its oil feedstocks and report on an

annual basis such concentrations to the Agency. The report shall be filed with the

Agency by January 31 of each year.

The provisions of this Section shall terminate on December 31,

19932007

(Source: Amended at 21 Ill. Reg. , effective )

IT IS SO ORDERED.

Board Member K.M. Hennessey abstained.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby

certify that the above opinion and order was adopted on the 22nd day of January 1998, by a

vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board