ILLINOIS POLLUTION CONTROL BOARD
May 21, 1998
IN THE MATTER OF:
PETITION OF PDV MIDWEST REFINING,
L.L.C. FOR A SITE-SPECIFIC
RULEMAKING AMENDMENT TO 35 ILL.
ADM. CODE 304.213
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R98-14
(Rulemaking - Water)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by J. Yi):
On October 17, 1997, PDV Midwest Refining, L.L.C. (PDV) filed a petition (Pet.)
seeking to amend and renew a previously granted site specific rule. PDV is requesting three
changes to this rule: First, that the Board’s effluent regulations be amended to provide site-
specific ammonia nitrogen effluent standards for PDV’s discharge to the Chicago Sanitary and
Ship Canal. Second, that the change in ownership from UNO-VEN to PDV be reflected.
Third, that the expiration date of the rule be eliminated.
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).
By today’s action, the Board adopts the proposed amendments for first notice, pursuant
to the Illinois Administrative Procedure Act. 5 ILCS 100/1-1
et seq
. (1996). The proposed
amendments will be published in the
Illinois Register
, whereupon a 45-day public comment
period will begin during which interested persons may file public comment with the Board.
BACKGROUND
PDV owns a petroleum refinery located in Will County near Lemont, Illinois. The
refinery operates under National Pollution Discharge Elimination System (NPDES) permit
number IL 0001589. This permit was issued by the Agency on September 1, 1994, and
expires on June 1, 1998. The refinery was formerly owned and operated by the Union Oil
Company of California (Union) and then operated by the UNO-VEN Company (UNO-VEN).
The refinery began operations in 1969. From October 1992 through July 1997, the maximum
monthly production rate observed at the Refinery was 162,219 barrels per day. Pet. at 5.
The refinery employs approximately 650 people, and produces products including
conventional and reformulated gasolines, turbine fuels, diesel fuels, furnace oils, petroleum
coke, and various specialty naphthas used to manufacture intermediate products. Pet. at 5.
2
The refinery draws influent from and discharges effluent to the Chicago Sanitary and
Ship Canal (Canal) which is a tributary to the Illinois River. The wastewater effluent contains
ammonia nitrogen. The ammonia nitrogen contained in the effluent is from two sources: that
derived from nitrogenous compounds present in crude oil that are removed by various refinery
operations, and that already present in the intake water from the Canal.
REGULATORY BACKGROUND
The Board has adopted Section 304.122 (35 Ill. Adm. Code 304.122) to control
ammonia discharge to the Illinois River System. Section 301.122(b) contains the provision
applicable to the PDV refinery, and limits ammonia nitrogen discharges to an effluent
discharge concentration of 3.0 mg/l. This standard applies to monthly average samples, as
specified at 35 Ill. Adm. Code 304.104(a)(1).
In 1987, the Board granted a site specific rule change to the refinery; see In the Matter
of: Proposal of Union Oil Company of California to Amend the Water Pollution Regulations:
35 Ill. Adm. Code 304.213 (March 19, 1987), R84-13. The Board amended and renewed this
rule in 1993; see In the Matter of: Petition of UNO-VEN to Amend Regulations Pertaining to
Water Pollution: 35 Ill. Adm. Code 304.213 (December 16, 1993), R93-8. In 1993, the
Board set effluent limits for ammonia nitrogen at 9.4 mg/l monthly average and 26.0 mg/l
daily maximum. The current site-specific rule will terminate on December 31, 1999.
In the instant petition, PDV requests that the discharge limits for ammonia nitrogen set
in 1993 be adopted in this rulemaking. PDV also requests that their change in name be
reflected and that the December 31, 1999, termination date be eliminated.
PROCEDURAL HISTORY
Two hearings were held in this matter. A public hearing was held on March 6, 1998,
in Joliet, Illinois. PDV presented three witnesses: Claude Harmon, Manager Environmental
with PDV; James Huff of Huff & Huff, Inc.; and Robert M. Stein of AWARE
Environmental, Inc. The Agency pre-filed the testimony of Charles W. Gunnarson, but did
not present any witnesses at the hearing. PDV filed a post-hearing comment on April 6, 1998.
An additional public hearing was held March 30, 1998, solely on the decision of the
Illinois Department of Commerce and Community Affairs (DCCA) not to conduct an
Economic Impact Study in connection with this rulemaking. No one testified at this hearing,
and the Board has not received any comments regarding an economic impact study concerning
this matter.
TESTIMONY AND COMMENTS
At the March 6, 1998 hearing, Mr. Harmon testified about the refinery’s efforts to
remove ammonia from its wastewater streams, and about the need for site specific relief. Mr.
Harmon outlined a number of procedures impacting ammonia reduction that have been
initiated by PDV since 1992. Generally, these procedures include source control such as the
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changes in the performance of sour water strippers, and the upgrade of existing facilities
occurring mainly in the waste water treatment plant. Tr. Exh. 1 at 2.
1
Mr. Stein testified that PDV has been unable to consistently meet the ammonia nitrogen
concentration standard of 3.0mg/l, but has consistently achieved compliance with the 9.4 mg/l
monthly average and 26.0 mg/l daily maximum effluent limitations set by Board in the site
specific rule change on December 16, 1993. Tr. Exh. 2 at 2. Mr. Stein testified that the
refinery has a state of the art wastewater treatment system which exceeds BAT criteria and
allows the facility to comply with all the United States Environmental Protection Agency
(USEPA) refinery discharge regulations. Tr. Exh. 2 at 3, 10. Mr. Stein further testified that
alternative add-on, end of pipe treatment technology for additional ammonia removal has been
evaluated and would have an estimated annualized cost of $3,708,000, but would not
guarantee the refinery’s consistent compliance with the 3 mg/l ammonia nitrogen limitation.
Tr. Exh. 2 at 10.
Mr. Huff’s testimony concerned the environmental impact of the ammonia in the
refinery’s discharge to the Chicago Sanitary & Ship Canal. Tr. Exh. 3 at 2. Mr. Huff
testified that the refinery has consistently achieved the BAT limits since 1987, and that site
specific relief is, thus, not required to achieve BAT limits, but rather for the Illinois River
Basin concentration limitations. Tr. Exh. 3 at 7. Mr. Huff further testified that the net
ammonia contribution from the refinery from 1992 to 1997 is 15 lbs/day, and that since 1996,
the refinery has extracted from the canal 13 pounds per day more ammonia than what it
discharged over that same period. Tr. Exh. 3 at 8; Tr. at 35. Mr. Huff stated that the
ammonia discharge from the refinery is not causing any water quality violations in the Illinois
River system, and that no environmental impacts from the requested site specific relief have
been identified. Tr. at 37; Tr. Exh. 3 at 9.
The Agency did not present any witnesses at the March 6, 1998, hearing, but did
submit pre-filed testimony on February 25, 1998. The pre-filed testimony concerns only one
issue. The Agency does not object to PDV’s petition, but believes that the language of the
proposed site specific rule change should be modified to include a termination or sunset
provision to terminate the rule by its own terms on a date certain. Ag. Test. at 1. The
Agency states that such a provision will encourage PDV to continue to explore means to
further reduce the ammonia-nitrogen discharge to the Chicago Sanitary and Ship Canal, and
that should new technologies be developed that are technologically feasible and economically
reasonable, they may be considered in assessing the continuance or alteration of PDV’s site
specific relief. Ag. Test. at 1.
The Agency believes that a ten year termination clause for the relief requested is
appropriate. Ag. Test. at 2. The Agency notes that the Board recently proposed and included
a similar termination provision in site specific relief requests by a petroleum refinery
downstream of PDV’s facility. Ag. Test. at 2. See In the Matter of Site Specific Petition of
1
References to any exhibit to the transcript of the March 6, 1998, hearing will be cited as “Tr.
Exh. _.” References to the Agency’s pre-filed testimony will be cited as “Ag. Test.”
4
Mobil Oil Corporation for Relief from 35 Ill. Adm. Code 304.122, Ammonia Nitrogen
Effluent Standards, R97-28 (January 22, 1998).
PDV did not address the termination provision issue at the March 6, 1998, hearing, but
did so in a post hearing comment filed on April 6, 1998. PDV does not object to a 10 year
termination provision, provided that the site specific rule tracks the recently adopted rule for
Mobil’s Joliet refinery referenced by the Agency in its pre-filed testimony. Post. Hrg. Br. at
7. Specifically, PDV requests that if the termination provision is included, that subparagraph
(d) of the PDV proposal be deleted. Subparagraph (d) requires PDV to make continuing
efforts to reduce the concentration of ammonia nitrogen in its wastewaters.
CONCLUSION
The Board finds that PDV has presented evidence warranting continued consideration
of this matter, and that the record justifies adopting the proposal for first notice.
The sole point of discord in this proposed rule is the inclusion of a sunset provision.
The Agency does not object to the petition, but feels a sunset provision should be included.
PDV is amenable to a sunset provision so long as the rule does not require them to make
continuing efforts to reduce the concentration of ammonia nitrogen in its wastewaters. The
Agency did not comment on PDV’s position on the sunset provision.
The Board believes that the Agency’s recommendation merits further consideration, and
includes a sunset provision in today’s proposal for first notice. This provision will encourage
PDV to take advantage of new technology and to continually explore methods of lowering its
ammonia-nitrogen discharge during the pendency of the site-specific rule. To that end, the
Board’s proposal includes subparagraph (d) of the original proposal requiring PDV to make
continued efforts to reduce the ammonia nitrogen concentration in its wastewaters.
Subparagraph (d) is reasonable, and appropriately included in this site-specific rule.
The Board will again review the record in this matter upon completion of the first
notice period to determine whether the record continues to support moving this matter towards
adoption.
ORDER
The Board hereby proposes for first notice the following amendments to 35 Ill. Adm.
Code 304.213. The Clerk of the Board is directed to file these proposed rules with the
Secretary of State.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 304
EFFLUENT STANDARDS
SUBPART A: GENERAL EFFLUENT STANDARDS
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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
pH
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 Water
Reclamation 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
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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. 267, effective December 23, 1993; amended in R87-33 at 18 Ill. Reg.
11574, effective July 7, 1994; 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 R97-25 at 22 Ill. Reg. 1351, effective December 24, 1997; amended in R97-28 at
22 Ill. Reg. 3512, effective February 3, 1998; amended in R98-14 at ___ Ill. Reg. _____,
effective ____________.
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SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL
APPLICABILITY
Section 304.213 UNO-VEN Refinery Ammonia Discharge
a) This Section applies to discharges from UNO-VEN's the PDVMR Refinery,
located in Lemont into the Chicago Sanitary and Ship Canal.
b) The requirements of Section 304.122(b) shall not apply to the discharge.
Instead UNO-VEN PDVMR must meet applicable Best Available Technology
Economically Achievable (BAT) limitations pursuant to 40 CFR 419.23 (1992)
incorporated by reference in subsection (c). UNO-VEN PDVMR shall also
meet a monthly average limitation for ammonia nitrogen of 9.4 mg/l and a daily
maximum limitation of 26.0 mg/l.
c) The Board incorporates by reference 40 CFR 419.23 (1992) only as it relates to
ammonia nitrogen as N. This incorporation includes no subsequent amendments
or editions.
d) UNO-VEN PDVMR shall continue its efforts to reduce the concentration of
ammonia nitrogen in its wastewaters.
e) UNO-VEN PDVMR shall monitor the nitrogen concentration of its oil
feedstocks and report on an annual basis such concentrations to the Agency.
f) UNO-VEN PDVMR shall submit the reports described in subsection (e) no later
than 60 days after the end of a calendar year.
g) The provisions of this Section shall terminate on December 31, 19992008.
(Source: Amended at _____ Ill. Reg. _______, effective____________)
IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 21st day of May 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
