ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
June 10, 2005
~ E C
E~VE
0
IERK$ OFFICE
Premcor Refining Group Inc.,
)
JUN
14
Petitioner,
)
STATE OF
ILLINOIS
POlI~ti~~
Control Board
v.
)
IEPA-05-006
)
JLLIINOIS ENVIRONMENTAL PROTECTION
)
(Provisional Variance
-
RCRA -Land)
AGENCY,
)
)
Respondent.
)
)
RE:
PROVISIONAL VARIANCE APPROVAL
Premcor Refining Group Inc.
Cook County/Compliance
On June
10,
2005,
the Illinois EPA received the attached request in which Premcor Refining
Group Inc.
(“Premcor”) requested a provisional variance from the accumulation time limitations
of
35
Ill. Adm.
Code 722.134(b) for the above-referenced
facility. The Illinois EPA has reviewed
the information provided and has decided to grant a provisional variance from the accumulation
time limitations of35
Ill. Adm.
Code 722.134(b) due to
unforeseen, temporary and
uncontrollable circumstances. Compliance with the accumulation
time limitations of35 Ill. Adm.
Code 722.134(b) would impose, under these circumstances, an arbitrary or unreasonable
hardship.
The grant ofthis provisional variance appears consistent with 40
CFR 262.34(b) (1991), adopted
pursuant to the Resource Conservation and Recovery Act of 1976 (P.L.
94-580),
which
authorizes
the Regional Administrator for the United
States Environmental Protection Agency to
grant similar extensions when hazardous wastes must remain on-site for longer than 90 days due
to unforeseen, temporary, or uncontrollable circumstances.
This provisional variance from the accumulation time limitations of 35 Ill. Adm. Code
722.134(b) is granted for the time period from June 11, 2005 through July
11, 2005
subject to the
following conditions:
A.
Premcor shall notify Brian White ofthe Agency by telephone at 217/782-9987
whenthe waste has been delivered to the TSD facility. Written confirmation of
this notice shall be sent within five days to the following address:
Page 2
Illinois Environmental Protection Agency
Bureau of Land
—
Compliance Section
Attention: Brian White
1021
North Grand Avenue East, MC #24
P.O. Box
19276
Springfield, Illinois 62794-9276
B.
Premcor shall sign a certificate ofacceptance ofthis provisional variance and
forward that certificate to Brian White at the address indicated above within ten
days ofthe date ofthis 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
35(b),
36(c)
and
37(b) of the 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 law and regulation.
Sincerely,
William D. Ingersoll
Acting ChiefCounsel
Attachment
cc:
Illinois Pollution Control Board
JUN—10—2005
14:4?
DLC LEGAL
P.02/OS
JUN—1O--2005
14:58
HODGE DWYER ZEMAN
21? 523 4948
P.02/OS
HOD13’
DWYR
‘it/MN
ATTOPN
EYS
AT
L~AVV
THOMAS G.SAFL.EY
~Licezmed
in
Illinois aM
Indiana
E-mail:
ncaflcyQjhdzlaw.ccm
June 10,2005
VIA FACSIMILE
William EL
Ingersoll, Esq.
illinois Envfronmental Protection Agency
1021
North Grand Avenue East
Post Office Box 19276
-
mail code #21
Springfield, illinois
62794-9276
RE:
Provisional
Variance Request
KIJLM Transport Services,
Jnc
Tractor
Trailer Incident at Intersection of 142nd Street
and Paxton Avenue in Calumet City, illinois
Date of Incident:
March 4, 2005
Our Eile No. —PREM:009
Dear Mr.
Ingersol:
I am writing on behalfofour client, The Premcor Refining Group Inc~
(4*Premcor1t),
pursuant to 35 Ill. Admin. Code
§~
180.201
and 180.204, to request that the Illinois
Environmental Protection Agency (“Illinois EPA”) issue Premcor a provisional variance from
the 90-day accumulation time limit
of
35
III. Admin. Code
§
722.134(a).
We appreciate Illinois
EPA’s consideration ofthis request.
I.
BACKQROUNI)
Our understanding ofthe facts ofthis issue are as follows.
On March 4, 2005, a tractor-
trailer operated by KLLM Transport Services (“XLLM”) was crossing railroad tracks near the
intersection of 142nd Street and Paxton Avenue in Calurnet City, Illinois.
The tractor-trailer was
carrying drums of
acrylic acid to an adjacent facility operated by Ashland
Chemical Company.
A train operated by CSX hit the trailer.
This collision pushed the trailer onto property
immediately north ofthe railroad tracks.
It also caused some number ofthe drums inside the
trailer to
rupture
(we do not have exact information on the number ofdrums at issue, but
approximately five were ruptured), and
acrylic acid from the ruptured
drums
spilled out ofthe
trailer.
That spilled acrylic acid entered soil and standing rainwater present at the location.
3150
ROLAND
AVENUE
.A
POST
OFFICE
BOX
5776
A
SPRINGFIELD.
ILLINOIS
62705-5776
TEL~PkoNE
217-523-4900
A
FACSIMILE:
217-523-4046
JUN—10—2005
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21? 523 4948
P.03/OS
WilliamD. Ingersoll,~sq.
June 10,2005
Page 2
Premcor operates an
underground petroleum pipeline that is located underneath the
property onto which thc KLLM trailer was pushed by the collision with the train,
The KLLM
trailer collided, ornearly collided, with a vent pipe
for that pipeline.
KLLM responded to
the collision and removed some amount ofsoil and water from the
location.
KLLM disposed ofthat soil and water off-site as hazardous waste.
It is our
understanding that KLLM on April 28,
2005, submitted a “fmal report” to Illinois EPA’s Office
ofEmergency Response regarding its efforts.
Mr.
Edward Osowski ofIllinois EPA’s Des
Plaines office
apparently was involved in
conversations with KLLM regarding those efforts,
Thereafter, Premcor was required, by federal law, to inspect its pipelinein order to ensure
that the incidenthad not damaged the pipeline.
In order to do this, Prcmcor had to remove
standing rainwater and excavate soil at the site.
Premcor sampled and analyzed water and soil at
the site and found them
to contain acrylic acid.
Accordingly,
on March l2~
2005, Prerncor
removed standingwater to “Baker
tanks” and removed soil to roll-off containers at the site.
It was,
and
is, Premeor’s
understanding that the acrylic acidpresent
in the excavated soil
and removed watercathe from the spill
of
acrylic acid from the KLLM truck.
Thus, Premcor
understood thatKLLMwouldmanage
this
soil
and
water.
However, recently, KLLM indicated
toPremcor that its understanding
is that its consultant conducted a complete remediation ofthat
spill,
and
therefore, that the acrylic acid present in the excavated soil
and
containerized water
must havecome
from
some source other
than
theKLLM truck, potentially the adjacentAshland
Chemical facility or some activity associated with that facility.
In light ofthe above, Premcor and KLLM currently are in a disagreement regarding
whose responsibilityit is to manage the excavated soil and
containerized water,
Again, the soil
and water were removed on March
12.
Ninety days from March 12 is today.
Despite the parties’ disagreement, in order to ensure that Premcor complies with any
Resource Conservation and Recovery Act (“RCItA”) generator requirements thatmight apply to
it in connection with this matter, Premcor has decided to have the material shipped off-site for
disposal as hazardous waste.
Accordingly, Premcor has made arrangements for al
ofthe
excavated soil, and
potentially one truckload ofwater, to be shipped off-sitetoday to a licensed
RCRA Treatment, Storage and Disposal (“TSD”) facility.
However, because ofthe short
timeframe, Premcor has tried but has been unsuccessful in arranging with a TSD facility for
shipment ofall ofthe containerized watertoday.
Therefore, pursuant to 35
III. Admin. Code
§
722.134(b) and 35 Ill. Adniln. Code Part
180, Premcor requeststhat Illinois EPA grant it a provisional variance to allow
itan additional
fourteen days ofaccumulation time for th.e containerized water.
Premcor is hopeful that it can
P.04/OS
JUN—10—2005
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04/OS
JUN—10—2005
14:59
HODGE DbJYER ZEMAN
21? 523 4948
P.
William D. Ingersoll,
Esq.
June
10, 2005
Page 3
arrange for the disposal ofthe water in fewer than
fourteen days, but requests fourteen days in
order to give it sufficient time to ensure that it can arrange for disposal.
Pursuant to 35
III.
Arhuin. Code Part 180, Premcor sets out more specifics regarding its provisional variance
request below.
fl.
PROVISIDNAL vA$IANCE REQUEST
Pursuant to
35
Ill. Admin.
Code Part i SQ Premcor provides the following information in
support ofits provisional variance request set forth
above,
A.
Section 18O.202f~Xfl
—
Re~qIgtionfrom which Variance is Requested
35 ilL Admin, Code
4
722.134(a).
E.
$pction
18O.202(bU2)— Activity for which Variance
!~
Repuest~
Please see the description above.
In addition, Premcor does not believe that any
“population or
geographic area,” otherthan the geographic location at which the “Bakertanks”
are located, is “affected by the applicant’s operations” at issue, that is, the continued
accumulation ofwater for less than two weeks.
C.
$ectlon
1SO.202th)113)
—
Materials Used inActivity at Issuc
Please seethe description above.
D.
Section
iS0.202(bX4)
—
Info~matlon
Regarding any Discharge Pursuant to
Yarlance
Not applicable.
E.
Section
180.202(b)(5)— Information Regardini
any Material in Drinkln2
Water
Not applicable.
F.
Sectiog 18O.2O21bX61~Assessment ofAny Adverse Environmental Impacts
from Variance
Prerncor does notbelieve that any adverse
environmental impacts will result from the
requestedprovisional variance.
The containerized rainwater at issue is contained in compliance
with RCRA requirements, and
Premcor does not request
any variance from those container
JUN—10—2005
14:4?
DLC LEGAL
P.05/OS
JUN—10—2005
14:59
HODGE
DL.JYER ZEMAN
217 523 4949
P.05/OS
William D. Ingersoll, Esq.
June 10,2005
Page4
requirements.
Prenicor only requests a variance from
the accumulationtimelimit
in order to
allow it additional time to arrange
for the disposal ofthe material.
C.
~ction
18Q.2O2~bXT)
—
Statement as to Why Compliancewith ReSatlon
Imposes a Hardshjp
As discussed abov; Premcor has tried to
arrange for the disposal ofthis watertoday, but
in light ofthe timing, Premcor simply has not been able to
locate a TSD facilitythat can take this
material,
and transport
this materialfrom
the
site, today. Thus,
unfortunately,
compliance with
the 90-day accumulation time limit of Section 722.134(a) is notpossible.
H.
Section i80.202t’bXS)
—
Proposed Methods to Achieve Compliance
As discussed above, Premcor has already begun making arrangements to have the water
disposed ofwithin the next two weeks.
The operations at this location do not produce hazardous
waste.
Thus, this situation will not reoccur.
I.
Segtion
18O.2UUbW9)
—
Alternative Methods ofCompliance/Reason for
Seeking Provisional Variance
Premcor knows ofno alternative methods for compliance, and, for the reasons stated
above, therefore is seeking a provisional variance.
I
Section 18O.292(b)(1O~
—Period for Which Variance is gequested
Fourteen days.
K.
Section 1$O.202(h)(11)
—
Provisional Variances Granted to PrerncLorThis
Calendar Year
None.
L.
Section 180.202(b)fl2) —Premcor’s Current Permit Status as it ReiSs
to
Variance Request
Not applicable.
Premcor’s operations at this location
do not produce hazardous waste.
M.
Section..l 8O.2021b)(13)
—
Board Orders in Effect regarding, Premcor’s
Activities/ Matters Currently Before Boar,d
in
which Premcor is a Pa~y
The only Board Order ofwhich Premcor is aware which may
be
in effect regarding
Premcor’s activities was issued in People v. Clark Refining and Marketing. Inc~,
PCB No.
95-.
JUN—10—2005
14:4?
JUN—10—2005
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DLC LEGAL
HODGE DUJYER ZEMAN
P.06/OS
21? 523 4948
P.06/US
WilliamD. Ingersoll, Esq.
June
10, 2005
Page
5
163,
and relates
to
certainoperations at Premcor’s
facility
in
Hartford,
Illinois. Theonly
matter
currentlybefore the Board in which
Premcor isa
party
is PCB No. 04-66, in which Premcor is
thepetitioner in an appeal
regarding closure plans
for
areas
at
its
facility in Hartford, Illinois,
IlL
CONCLUSION
Mr. Ingersoll, we and Premcor greatly appreciate yourconsideration ofthis requeston
such short notice.
IfIllinois EPA isunable to make adecision on this request today, we request
that Illinois EPA, ifit approves this request at a later date, make its decision retroactiveto today.
I
will
contact you shortly to
ensure that you havereceived this request and to provide you
any additional information that you might need.
TGS:plt
pe:
John
Kim, Esq. (via facsimile)
Sincerely,
Thomas
PREM:009/Corr/ingersollOl
lit
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)
June 10, 2005
Dorothy
Gunn,
Clerk
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
RE:
NOTICE OF PROVISIONAL VARIANCE APPROVAL
Premcor Refining Group
Inc.
Dear
Ms.
Gurm:
Sincerely,
W4~
~
William D.
Inger
Acting ChiefLegal Counsel
Attachment
Author’s DirectLine:
(217)782-9827
E-Mail:
wi11iam.ingerso1l(~~epa.state.il.us
Telefax:
217-782-9807
RECEIVED
CLERK’S OFFICE
JUN
142005
STATE OF ILLINOIS
Pollution Control Board
Pursuant to Subsection 37(b) ofthe Environmental Protection Act (415 ILCS
5/37(b)),
attached
is a copy ofthe Illinois EPA’s recent approval ofa request for provisional
variance.
As you
know, the Board must maintain forpublic inspection copies ofall 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.
ROCKFORD
-.4302 North Main Street, Rockford,
IL 61103
—
(815) 987-7760
•
Dts
PLAINES
—9511
W.
Harrison
St.,
Des Plaines, IL 60016— (847) 294-4000
ELGIN.-595
South State,
Elgin,
IL 60123—(847)608-3131
•
PE0RIA—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 Street, Champaign,
IL 61820— (217) 278-5800
SPRINGFIELD
—4500 S. Sixth Street Rd., Springfield,
IL 62706 —(217)
786-6892
•
COLLINSVILLE
—2009
MaIl
Street, Collinsville,
IL 62234 —(618) 346-5120
MARION
—2309 W. Main
St.,
Suite
116, Marion,
IL 62959
—
(618) 993-7200
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