ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601,
312-814-6026
ROD R.
BLAGOJEVICH,
GOVERNOR
RENEE CIPRIANO,
DIRECTOR
(217)
782-5544
TDD:
(217) 782-9143
RE CE
V ED
December 22, 2004
CLERK’S O~f
CE
~EC
27
2~J~3~I
Dorothy Gunn, Clerk
STATE OF ILLt~OIS
Pollution Control Board
PoUjt~Ofl
Control k3oard
100 West Randolph Street
Suite 11-500
JTjETPa4
Og~-
~
Chicago,
IL
60601
RE:
NOTICE OF PROVISIONAL VARIANCE APPROVAL
PV-2005-Ol
Dear Ms. Gunn:
Pursuant to Subsection
37(b)
of the Environmental Protection Act (415 ILCS
5/37(b)),
attached is
a copy of the Illinois EPA’s recent approval of a request for provisional variance.
As you know,
the Board must maintain for public inspection copies of all provisional variances filed with it by
the Illinois EPA.
Please feel free to call me at the number referenced above should you have any
questions.
Sincerely,
Connie L. Tonsor
Associate Counsel
Division ofLegal Counsel
Attachment
ROCKFORD —4302
North Main
Street, Rockford,
IL 61103 —(815) 987-7760
•
DES
PLAINES —9511
W. Harrison St.,
Des Plaines, IL 6001 6— (847) 294-4000
ELGIN —595 South
State,
Elgin, IL 60123— (847) 608-3131
•
PEORIA —5415
N.
University St., Peoria,
IL
61614— (309) 693-5463
BUREAU
OF LAND
-
PEORIA
—
7620 N.
University St.,
Peoria,
IL 61614— (309) 693-5462
•
CHAMPAIGN —2125 South
First
SEreeE, Champaign, IL 61820— (217) 278-5800
SPRINGFIELD —4500 5. Sixth Street Rd., Springfield,
IL 62706— (217) 786-6892
•
COLLINSVILLE —2009 MalI Street, Collinsvi(le,
IL 62234— (618) 346-5120
MARION —2309 W.
Main
St., Suite 116, Marion,
IL 62959 —(618) 993-7200
PRINTED
ON
RECYCLED
PAPER
ILLiNOIS ENVIRONMENTAL
PROTECTION AGENCY
December 21, 2004
~~CE~VED
CLERK’S OFFICE
PVD
Midwest Refinery, LLC
)
r~r
~7
C1TGO Petroleum Corporation
)
Petitioners,
)
SIP.
IE
O~
ILLINOIS
Pollutior Control Board
v.
)
)
PV-2005-O1
ENVIRONMENTAL
PROTECTION AGENCY,
)
)
(Provisional Variance- Water)
r~~Q
Respondent.
)
)
Re:
Provisional Variance From the Ammonia Monthly Average Concentration
Specification in NPDES Permit # 1L0001589
Dear Mr. Harmon:
On December 8,
2004,
and December
10,
2004,
the EPA received faxes
in which
PVD
Midwest
Refinery,
LLC
and
CITGO
Petroleum
Corporations
(Petitioners)
requested
a
provisional
variance
from
the monthly
average
ammonia
limitation
level
of
9.4
mg/L
contained in
Lemont Refinery’s
NPDES permit.1
(Hard copies of these documents are
attached
as Exibit
A.) For the reasons discussed below,
the Illinois
EPA has decided to
GRANT the Petitioners’ request.
On November 2,
2004,
there
was
a malfunction in the treatment
system
at
the Lemont
Refinery.
One of the
effects of the
malfunction was
that
the
microorganisms
in
the
treatment plant
that biodegrade the
ammonia
were
killed.
As
a result, Lemont Refinery
has been unable to meet the above-mentioned ammonia level.
Petitioners
seek
a
provisional
variance
while
the
Lemont
Refinery
reestablishes
the
nitrification process
(i.e, reestablishes
the microorganisms)
in
its wastewater treatment
plant.
Petitioners expect that the Lemont Refinery will be able to meet monthly limit for
ammonia by December 31, 2004.
Based on its review, the Illinois EPA
has
concluded the following:
1.
The environmental impact from the proposed activity should be minimal;
2.
No other reasonable alternative appears available;
3.
No public water supplies should be affected;
Petitioners also requested
a
provisional variance from
35
Ill. Adm. Code
309.102.
Section 309.102(a)
provides in pertinent
part
that it is
unlawful
to
discharge a
contaminant or pollutant
except as in compliance
with
the provisions of the Act, Board regulations, the
Clean Water Act, and
the
provisions
and
conditions
of
the
NPDES permit.
Because provisional
variances are
authorized underthe Act, the
Illinois EPA views
this
as being in compliance
with
the Act;
hence a provisional
variance from this provision is unnecessary.
4.
No federal regulations will preclude the granting ofthis request;
and
5.
The Petitioners will face an arbitrary
and
unreasonable hardship if the
request is not granted.
The Illinois EPA hereby GRANTS the Petitioners a provisional variance from the
monthly average
ammonia limitation contained in its NPDES permit.
The provisional variance will run for a 45-day period beginning December 8, 2004,
through January 21, 2005, and is subject to the following specific conditions:
A.
The monthly average ammonia limitation shall not exceed
1 Smg/L.
B.
The Petitioners shall continue to monitor and maintain compliance with all
other parameters and conditions specified in its National Pollutant
Elimination Permit No. IL 0001589.
C.
The Petitioners shall notify Barb Conner ofthe Illinois EPA by telephone
at 217/782-9720 when the monthly limit for ammonia is achieved.
Written confirmationof each notice shall be sent within five days to the
following address:
Illinois Environmental Protection Agency
Bureau ofWater
—
Water Pollution Control
Attention:
Barb Conner
1021 North Grand Avenue East, MC #19
P.O.
Box
19276
Springfield, Illinois 62794-9276
C.
The Petitioners shall sign a certificate of acceptanôe ofthis provisional
variance and
forward that certificate to Barb
Conner at the address
indicated above within ten days ofthe date of this order.
The certification
should take the following form:
I (We)
,
hereby accept
and
agree to be
bound by all terms and conditions ofthe provisional variance
granted by the Illinois EPA in
_____________
dated
Petitioner
Authorized Agent
Title
Date
The Illinois EPA grants this provisional variance in accordance with its authority
contained in Sections 3
5(b),
36(c),
and
37 (b) of the Illinois Environmental Protection
Act (415 ILCS
5/35(b),
36(c),
and
37(b))
(2004).
The decision to grant this provisional
variance is not intended to address compliance with any other applicable laws or
regulations.
Sincerely,
Enclosure
c:
IPCB, Clerk
Jeffrey C. Fort
Letissa Carver Reid
Sonnenschein, Nath and Rosenthal
8000 Sears Tower
233
5. Wacker Drive
Chicago,
Illinois
60606
Joseph E.
Svoboda
Chief Legal Counsel
CERTIFIED MAIL
OE 144-04
RETURN RECEIPT REQUESTED
7003
1680
0000
3653
9034
CITGO Petroleum Corporation
135th Street
&
New Avenue
Lemont,
IL 60439-3659
TO:
Rene Cipriano, Director
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield,
IL 62794-9276
RE
C ~~
V~
D
(2 17) 782-5544
DivIgI~n
of
L~qai
Counsel
(2 17) 782-9807 (fax)
DEC
142004
CC:
Connie Tonsor
Division of Legal Counsel
.
Environmental Protec~on
Illinois Environmental Protection Agency
Agency
1021
North Grand Avenue East
Mail Code #21
Springfield,
IL 62794-9276
(217) 557-4267
(217) 782-9807
(fax)
Roger Calloway
Bureau of Water
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Springfield, IL 62794-9276
217-782-9720
217-557-1407
(fax)
REQUESTED BY:
-
CITGO Petroleum Corporation
135 Street and New Avenue
Lemont, IL
60439
(630)
257-4450
(630) 257-4364 (fax)
Pursuant
to
415
ILCS
5/35(b),
PDV
Midwest
Refinery, LLC (“PDVMR”)
and
CITGO
Petroleum Corporation (“C1TGO”) hereby requests a provisional variance to
operate
its Lemont
Refinery with
a higher ammonia monthly average
concentration than is
currently
allowed under
its
National Pollutant Discharge Elimination System (“NPDES”) permit and
under 35
Iii. Adm.
Code
§309.102,
for a period not to
exceed forty-five (45) days.
(Hereafter,
Petitioners PDVMR
and
CITGO
will be jointly referred to as CITGO.)
The
Lemont
Refinery
includes a
physical/chemical and
biological
wastewater
treatment
plant
(the
“Plant”).
The
Plant
performs
primary,
secondary,
and
tertiary
treatment
on
the
generated wastewater before it is discharged to the Chicago Sanitary & Ship Canal (the “Canal”).
The
original
Plant,
which
began operating
in
1969.
included
two
oillwater
separators,
a
flow
equalization tank,
a primary clarifier, an activated sludge system and
a polishing pond.
Several
wastewater treatment plant modifications
have been made since the
original
installation.
Major
changes
to
the
system
include,
induced
gas
flotation,
replacement
oil/water
separators,
segregation of process and storm sewers
along with installation of process water storage tanks, a
new aeration basin,
a high efficiency aeration system. and
a second final clarifier.
The primary
treatment portion of the
current
Plant consists
of four sour water strippers
for ammonia and
sulfide removal,
oil/water separators
for free
oil
removal, and
process
tanks.
Effluent from the process tanks flows to the secondary treatment plant which consists of induced
gas
flotation
(“IGF’)
and
activated
sludge
treatment
systems.
The
activated
sludge
system
includes
three
aeration basins
operated
in
parallel
with
a
total
aeration
basin
volume
of
1.92
million
gallons.
Aeration
is
provided
by
a
ime-bubble
diffused
aeration
system.
Activated
sludge
is
settled
in
two
100-foot
diameter
secondary
clarifiers.
Within
the
aeration
basin,
phosphoric acid
is
added
as
a nutrient
for biological
organisms.
During the
winter,
steam
is
injected into the equalization tank to
maintain operating temperatures at a minimum of 70°F in
the
aeration
basin
effluent.
The
tertiary
system
consists
of
a
16-million
gallon
basin.
The
purpose of the basin
is to remove any carryover
solids from the secondary clarifier settling.
The
basin also serves as a water supply for fire protection.
Since
1987,
the Relmery
has
been
subject
to
a
site-specific rule
concerning
ammonia
discharge limits, has made improvements to
the wastewater treatment system, and has continued
its
efforts to reduce the concentration of ammonia and ammonia nitrogen in its wastewater.
The
Refinery met these requirements through various upgrades to the wastewater treatment system.
On November 2,
2004,
the FCC blower tripped. disrupting the FCC unit which resulted
in
the CO
boiler tripping
off-line.
The
CO
boiler
failure,
upset
the
steam supply
to
the sour
water
stripping
system
which
reduced
the ability
to
strip
ammonia
from
the
sour water.
This
resulted
in
an
elevated ammonia
concentration
entering
the
wastewater treatment
system.
In
addition,
the
FCC. upset
caused monoethanolamine
(IMEA)
carryover from the
MEA absorber
into
the wastewater treatment
system.
The
microorganisms
in
the wastewater
treatment
plant
biodegrade the
amine
portion of
the
MEA
into
ammonia.
As
a
result,
during
the
month of
November
2004,
the
Refinery’s
daily
effluent
sampling
results
indicated
elevated
ammonia
levels which prevented the Refmery from meeting the monthly ammonia average specification of
9.4 ppm.
After the FCC upset, the Refinery took several steps
to correct the problem.
Beginning
on November 6,
2004, the Refinery recycled water back to the wastewater treatment plant for re-
treatment instead of discharging the water to the Canal.
The Refmery also shut down
its effluent
for two
periods
during the
month of November
—
from
November
6,
2004 through
November
17,2004, and
again from November 22, 2004 through November 23, 2004.
The
Refinery attempted
to
reestablish
nitrification
by
seeding the
aeration
basins
with
nitrifiers.
The
Aeration
basins
were
seeded
twice
with
purchased
nitrifier
cultures.
The first
batch was administered for four days starting
Friday
November
5th
and
the second batch was
administered for four days
starting
Saturday,
November
13th.
The aeration basins
were
also
seeded with several truck
loads of biomass from
a neighboring refinery.
Eight truck loads of the
biomass were
delivered
—
each containing
3500 gallons.
The first
delivery of
two
truck loads
-2-
was
made on
November
19, 2004.
The remaining
six loads
were delivered at two
loads per day
from Monday, November 22,
2004 through Wednesday, November 24, 2004.
In
addition
to
seeding the
aeration basins
in
an
attempt
to
reestablish
nitrification,
the
Refinery also
treated the tertiary
16 million gallon basin with hypochiorite (bleach) to reduce the
ammonia levels.
On November
15, 2004,
the Refinery notified Illinois Environmental Protection
Agency
(“IEPA”)
that
it would be
adding bleach
to
the TWB.
The bleach
treatment began
on
November
16,
2004,
with
the delivery
of five truck
loads
of bleach.
An
additional
three truck
loads
were delivered on
November 22, 2004.
The
36,000
gallon
addition of bleach
effectively
reduced the ammonia levels to comply
with the daily ammonia limit of 26 ppm.
The addition of
bleach
did not result in
any residual chlorine in the effluent.
C1TGO
seeks
to
continue
operating
the
Refinery
with
wastewater
discharges
having
ammonia levels higher
than the
monthly
average concentration
specified
in
its
NPDES
permit,
Permit
#
IL
0001589.
C1TGO, therefore,
requests
a provisional
variance
under
the terms
set
forth
below
and
provides
the
following
information
in
accordance
with
35
Iii.
Admin.
Code
§
180.202(b):
1.
A statement identifying the regulations, Board
Order, or
permit requirements from
which the variance is
requested.
CITGO requests a provisional variance from the ammonia monthly average concentration
specification for November & December 2004 contained in its NPDES
permit (No.
IL 0001589)
forthe Lemont Refinery.
2.
A
description
of
the
business
or
activity
for
which
the
variance
is
requested,
including
pertinent data on location, size, and
the population
and
geographic
area
affected by the applicant’s operations.
The
Refinery
is
located
at
135
Street
and
New
Avenue
Lemont,
Illinois
60439.
The
Refinery employs approximately
530
people.
The Refinery was constructed
during
the period
1967
through
1970.
It
became
operational
in
late
fall
of
1969.
Approximately twenty-five
different products ~areproduced at the Refinery, including
gasolines, turbine fuels,
diesel fuels,
furnace
oils,
petroleum coke,
and
various
specialty naphthas which
can
be
manufactured
into
many intermediate products,
such
as antifreeze,
dacron, detergent,
industrial
alcohols,
plastics,
and synthetic rubber.
Ninety percent of the Refinery’s output goes into making gasolines, diesel
fuels,
home heating oils and turbine fuels for use in
Illinois and throughout the Midwest.
3.
The quantity and
types
of materials used in the
process
or
activity
for which
the variance is requested, as appropriate.
Physical,
biological
and
chemical methods are used to treat Refinery wastewater.
The
quantity and
types
of chemicals used
fortreatment vary dependant upon influent
wastewater characteristics.
4.
The
quantity,
types,
and
nature
of
materials
or
emissions
to
be
discharged,
deposited
or
emitted
under
the
variance,
and
the
identification
of the
receiving
waterway
or
land,
or
the
closest
receiving
Class
A
and
Class
B
land
use,
as
appropriate.
Additional
pollutants,
beyond
the
amounts
already
permitted
by
the
Illinois
Environmental Protection Agency, will not be deposited on land or emitted into the air as a result
-3-
of granting this petition for provisional
variance.
The only medium affected by this
provisional
variance request will
be
water,
and
the
only measure affected
to
date by
the
loss
of MEA
and
untreated
sour
water
is
the
ammonia
monthly
average
concentration.
Given
the
extensive
remedial measures already
undertaken, the Refinery does not anticipate daily levels of ammonia
such that would continue to impact the monthly average concentration beyond Dec 31, 2004.
The Refinery takes approximately
4
million
gallons of water daily
from
the Canal
and
discharges approximately
3.8
million gallons
to
the Canal, with the difference going
to
cooling
tower evaporation
and steam losses.
The Refinery is
located upstream of the Lockport Lock &
Dam.
Below
the dam, the Canal merges
with
the Des Plaines River, passes through Joliet, and
11
miles
downstream
of Joliet,
passes
beneath
the
1-55
bridge.
Until
the
1-55
bridge,
the
receiving
waters
are
designated
as
Secondary
Contact
waters;
below
the
1-55
bridge
the
Des
Plaines River is designated as General Use water.
The General Use waters begin 18.5
miles
below CITGO’s outfall.
5.
The
quality
and
types
of
materials
in
drinking
water
exceeding
the
allowable
content,
or
other
pertinent
facts
concerning
variances
from
the
Board’s
public
water supply regulations.
CITGO
is
not
seeking
a
variance
from
the
Board’s
public
drinking
water
supply
regulations, only from one provision of its NPDES permit.
Granting a provisional variance from
the
permit
condition
does
not
affect
the
quality
of a
drinking
water
supply;
therefore,
the
information
sought
at
35
Ill.
Admin.
Code
§180.202(b)(5)
is
not
applicable
to
the provisional
variance requested here.
6.
An
assessment of
any
adverse
environmental
impacts
which
the
variance
may
produce.
After
the remedial
measures
undertaken,
the Refinery
is
discharging
approximately
12
mg/i
of
ammonia nitrogen.
There
is
no
measurable
adverse environmental
impact from
these
levels.
7.
A
statement explaining
why
compliance with the Act,~
regulations
or Board
Order
imposes arbitrary and unreasonable hardship.
The Refinery has undertaken all
reasonable measures to
mitigate
the upset
and to return
the treatment plant to compliance.
8.
A
description
of
the
proposed
methods
to
achieve
compliance
with
the
Act,
regulations or Board
Order, and a timetable for achieving such compliance.
See
discussion
above.
Based
on
past
experience,
the
Refinery
expects
to
be
able
to
achieve the monthly limit
for ammonia by December 31,
2004.
9.
A discussion of alternative methods of compliance and of the factors influencing the
choice of applying for a provisional variance.
See discussion above.
10.
A statement ofthe period, not to exceed
45
days, for which the variance is requested.
-4-
CITGO seeks the variance for a 45-day period commencing on November
17, 2004
until
January
1, 2005.
CITGO took prompt measures to comply and halted its discharge
on November
6,
and
diligently
attempted
to
achieve
áompliance.
The
Agency
permit
writer
was
notified
concerning the situation on November
15,
and
the discharge was resumed on the
17th.
At that
time,
CITGO
was
still
hopeful
that
the
monthly
average
limitation
could
be
attained.
Alternatively, we request a variance from the date the provisional
variance is issued for 45 days.
11.
A statement of whether the
applicant
has
been
granted
any
provisional
variances
within the calendar year, and the terms and duration of such
variances.
None were sought or granted.
12.
A statement regarding the applicant’s current
permit status
as related to the subject
matter of the variance request.
The
Refinery
currently
operates under
NPDES
permit No.
IL 0001589,
issued
by
IEPA.
The NPDES permit became effective September
1,
1994.
C1TGO
filed
a
timely NPDES renewal
application
in
1997.
The NPDES
permit
includes outfall
at the Refinery at river mile
296.5
on
the Canal (Latitude 41°38’58”,Longitude 88°03’31”).
13.
Any
Board
Orders
in
effect
regarding the
applicant’s
activities
and
any
matters
currently before the Board in which the applicant is a party.
There are
no
outstanding
Board
Orders
involving
CITGO.
CITGO has pending before
the Board its Petition for Variance in connection with discharges ofTDS.
Respectfully submitted,
CITGO PETROLEUM CORPORATION
By:~-•
Please also
provide notice to
Jeffrey C Fort
Letissa Carver Reid
Sonnenschein, Nath and Rosenthal
8000 Sears Tower
233
S Wacker Drive
Chicago, IL 60606
11802289.3
-5-
CERTIFIED MAIL
OE
146-04
RETURN RECEIPT REQUESTED
-
________
70031680000036539058
LihC
132004
~‘
CITGO
CITGO
Petroleum Corporation
135th Street
&
New
Avenue
Lemont,
IL 60439-3659
December
10,
2004
Ms. Barb Conner
Bureau of Water
Illinois Environmental
Protection Agency
1021
North Grand Avenue East
Springfield, IL
62794-9276
Request for Provisional Variance
As discussed in a telephone conversation on December 9,
Lemont Refinery requests
a
provisional
variance for Ammonia as
N,
effective
December 8, 2004, with
a monthly
average effluent limit of l5mg/L.
If there are questions or if additional information is required, please contact Brigitte
Postel at (630) 257-4221
or me at (630) 257-4450.
Thank you for your assistance.
Sincerely,
C’) ~
C.
W.
Harmon
Manager,
Environmental
BMP/PLM