ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2008
    IN THE MATTER OF:
    PETITION OF CITGO PETROLEUM
    CORPORATION AND PDV MIDWEST
    REFINING, L.L.C. FOR AN ADJUSTED
    STANDARD FROM AMMONIA
    NITROGEN DISCHARGE LEVELS AT 35
    ILL. ADM. CODE 304.122
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    AS 08-8
    (Adjusted Standard - Water)
    ORDER OF THE BOARD (by A.S. Moore):
    On March 18, 2008, CITGO Petroleum Corporation (CITGO) and PDV Midwest
    Refining, L.L.C (PDV) (collectively, petitioners) filed a petition for an adjusted standard (Pet.).
    PDV owns and CITGO operates a petroleum refinery located at 135th Street and New Avenue in
    Lemont, Will County (Refinery). Specifically, petitioners seek an adjusted standard from the
    Board’s ammonia nitrogen discharge standards.
    See
    35 Ill. Adm. Code 304.122(b).
    The Refinery has 530 employees and produces approximately 25 different products
    including gasolines, diesel fuels, and home heating oils. Pet. at 5-6. The Refinery draws water
    from and discharges into the Chicago Sanitary and Ship Canal, which is a tributary of the Illinois
    River. Pet. at 2, 6. Since 1977, the Refinery has operated under a number of variances and site-
    specific rules granted by the Board for the ammonia nitrogen discharge. The current site specific
    rule provides ammonia nitrogen limits of 9.4 milligrams per liter (mg/L) as a monthly average
    and 26.0 mg/L as a daily maximum. 35 Ill. Adm. Code 304.213;
    see
    Petition of PDV Midwest
    Refining, L.L.C. for a Site-Specific Rulemaking Amendment to 35 Ill. Adm. Code 304.213,
    R98-14. The current site-specific rule also requires that the Refinery must meet applicable Best
    Available Technology Economically Achievable (BAT) limitations, which set limits in pounds
    per day based on barrels of crude oil processed per day. 35 Ill. Adm. Code 304.213 (b, c);
    see
    40
    CFR 419.23 (1992).
    The requested adjusted standard would replace the current site specific rule, which
    terminates by its own terms on December 31, 2008. 35 Ill. Adm. Code 304.213(g). Specifically,
    the proposed adjusted standard continues to require the Refinery to meet BAT limitations, but
    sets a monthly average limitation for ammonia nitrogen of 6.93 mg/L whenever the monthly
    average discharge exceeds 100 pounds per day and 10.61 mg/L daily maximum whenever the
    daily discharge exceeds 200 pounds of ammonia. Pet. at 2-3. Petitioners request a hearing on
    the petition. Pet. at 20.
    Section 28.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(1)
    (2006)) and Section 104.408(a) of the Board’s procedural rules (35 Ill. Adm. Code 104.408(a))
    require the adjusted standard petitioner to publish notice of filing the petition. Those authorities
    require advertisement in a newspaper of general circulation in the area likely to be affected by
    the proposed adjusted standard. The notice must indicate that any person may cause a public
    2
    hearing to be held on the proposed adjusted standard by filing a hearing request with the Board
    within 21 days after publication. 415 ILCS 5/28.1(d)(1) (2006); 35 Ill. Adm. Code 104.408(b).
    Publication must take place within 14 days after the petition is filed. 415 ILCS 5/28.1(d)(1)
    (2006); 35 Ill. Adm. Code 104.408(a);
    see also, e.g.
    ,
    In re
    Petition of SCA Tissue North
    American, L.L.C. for an Adjusted Standard from 35 Ill. Adm. Code 218.301 and 218.302(c), AS
    05-1 (Jan. 6, 2005) (dismissing petition for adjusted standard for lack of jurisdiction when
    publication of notice occurred after 14-day period). Within 30 days after filing the petition, the
    petitioner must file a certificate of publication with the Board. 35 Ill. Adm. Code 104.410.
    On April 3, 2008, petitioners filed with the Board a certificate of publication
    documenting that the required notice of the petition was published in the GateHouse Media
    Suburban Newspapers in Lemont on March 21, 2008. The Board finds that petitioners have met
    the notice requirements of the Act and the Board’s procedural rules.
    See
    415 ILCS 5/28.1(d)(1)
    (2006); 35 Ill. Adm. Code 104.408, 104.410. The Board accepts for hearing petitioners’ petition
    for an adjusted standard.
    On May 7, 2008, the Illinois Environmental Protection Agency (Agency) filed a Motion
    for Extension of Time to File Recommendation (Mot.).
    See
    35 Ill. Adm. Code 104.416(a).
    Specifically, the Agency seeks to extend by 30 days to June 5, 2008, the deadline by which it is
    to file its recommendation. In an affidavit attached to the motion, counsel for the Agency states
    that he has contacted counsel for petitioners regarding the requested extension and that “CITGO
    does not object to allowing Illinois EPA an additional thirty (30) days time to file its
    Recommendation in this matter.” Mot. (Affidavit of Sanjay K. Sofat). The Board grants the
    Agency’s motion and extends to June 5, 2008, the deadline by which the Agency is to file its
    recommendation. Petitioners “may file a response to the recommendation within 14 days after
    the date of service of the recommendation.” 35 Ill. Adm. Code 104.406(d). The Board, through
    orders of its own or its hearing officer, may direct petitioners to provide additional information
    concerning its petition for an adjusted standard prior to or at hearing.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on May 15, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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