BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

HEARING REPORT
Witness Credibility
Exhibits
Briefing Schedule
Exhibit List
Hearing Officer

ILLINOIS POLLUTION CONTROL BOARD

September 15, 2008

IN THE MATTER OF:

PETITION OF CITGO PETROLEUM

CORPORATION AND PDV MIDWEST

REFINING, L.L.C. FROM AN ADJUSTED

STANDARD FROM AMMONIA

NITROGEN DISCHARGE LEVELS AT 35

ILL. ADM. CODE 304.122

(Adjusted Standard - Water)

HEARING REPORT

On August 20, 2008, a hearing in the above-captioned matter was held in the Boardroom

of the Village of Bolingbrook, 375 W. Briarcliff Road, Bolingbrook, Illinois. Attorneys Jeffrey

C. Fort and Ariel J. Tesher appeared and participated on behalf of the petitioner. Attorney Jason

R. Boltz appeared and participated on behalf of the Illinois Environmental Protection Agency

(Agency). Attorney Zemeheret Bereket-Ab appeared on behalf of the Illinois Attorney General.

Preliminary Matters

At the close of the August 20, 2008, hearing, the hearing was continued on record, if

needed, to September 5, 2008. The purpose of the continuance was to enable the petitioner time

to review the proffered exhibits presented by the Agency at the August 20, 2008, hearing, and

make its objections, if any, at the September 5, 2008, hearing. On August 28, 2008, a telephonic

status conference was held. The parties represented that they are still discussing the exhibits

proffered at the hearing and additional Agency exhibits. On September 4, 2008, the Agency

filed a Joint Stipulation and Exhibits 1 through 11. The parties represent in the stipulation that

they submit the stipulation for the purpose of admitting Agency Exhibits 1 through 11 into

evidence. The stipulation is granted. The hearing that was continued on record was subsequently

Witness Credibility

Based upon my legal judgment, experience and observations at the hearing, I find that the

credibility of the witnesses is not an issue in this matter.

An exhibit list itemizing the offered exhibits and summarizing their status is attached to

this order. The exhibit list includes the exhibits attached to the Joint Stipulation, filed September

Briefing Schedule

A briefing schedule was previously agreed to and is as follows. The petitioner’s brief is

due to be filed on or before September 22, 2008. The Agency’s brief is due to be filed on or

before October 10, 2008. The petitioner’s reply, if any, is due to be filed on or before October

24, 2008. The mailbox rule will not apply to the parties briefs and all electronic or approved

telefax filings must be received by the Clerk’s Office no later that 4:30 p.m. of the due date.

Public comments are due to be filed on or before September 25, 2008.

IT IS SO ORDERED.

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

August 20, 2008 Hearing

Exhibit List

Petitioner’s Exhibit 1

Pre-filed Testimony- Additional

Information Requested by IPCB-dated

Petitioner’s Exhibit 2

Environmental Assessment & Effluent

Limit Derivation Report for the Ammonia

Discharge from the Citgo Lemont

Refinery-dated February 2008

Petitioner’s Exhibit 3 (3 Parts)

Environmental Assessment of Wastewater

Ammonia Discharge from the Uno-Ven

Refinery-dated December 1992

Petitioner’s Exhibit 4

Resume-James E. Huff, P.E.

Petitioner’s Exhibit 5

Annual Average Influent Ammonia

Concentrations-Figures 1,2 and 3

Petitioner’s Exhibit 6

Description of Aware Environmental Inc.

Petitioner’s Exhibit 7

Resume-Robert M. Stein, P.E.

Petitioner’s Exhibit 8

Resume-George P. Tyrian, P.E.

Petitioner’s Exhibit 9

Technical Review of Ammonia Treatment

at the Wastewater Treatment Plant-Citgo

petroleum Lemont Refinery-dated-

Petitioner’s Exhibit 10

Corrcted Testimony of Robert M. Stein

Petitioner’s Exhibit 11

Letter dated December 21, 2004 from

IEPA to Mr. Harmon

Petitioner’s Exhibit 12

Opinions from IPCB (3)-dated December

17, 1998; May 21, 1998; September 17,

Petitioner’s Exhibit 13

Pre-filed Testimony of Brigitte Postel

Petitioner’s Exhibit 14

Pre-filed Testimony of James E. Huff

Petitioner’s Exhibit 15

Pre-filed Testimony of Robert M. Stein

Hearing Officer Exhibit 1

Joint Stipulation filed by parties on

September 4, 2008, includes Agency’s

Exhibits, 1 through 11

Agency’s Exhibit 1

Printout-DNR data-Exxon Mobil

Agency’s Exhibit 2

Printout-DNR data-Marathon

Agency’s Exhibit 3

Printout-DNR data- Citgo

Agency’s Exhibit 4

Printout-Concentrations of Outfall 001-

Agency’s Exhibit 5

Printout-Concentrations from Outfall 001-

Agency’s Exhibit 6

Printout-Concentrations from Outfall 001-

Agency’s Exhibit 7

1 page summary and explanations of

Agency’s Exhibit 8

Printouts Regarding Outfall- Exxon Mobil

Agency’s Exhibit 9

Printouts Regarding Outfall-Conoco

Agency’s Exhibit 10

Printouts Regarding Outfall-Citgo

Agency’s Exhibit 11

Printouts Regarding Outfall- Marathon

CERTIFICATE OF SERVICE

It is hereby certified that true copies of the foregoing order were mailed, first

class on September 15, 2008, to each of the persons on the attached service list.

It is hereby certified that a true copy of the foregoing order was hand delivered to

the following on September 15, 2008:

John T. Therriault

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Ste. 11-500

Chicago, Illinois 60601

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

ath & Rosenthal

Attorney General

tment of Natural Resources

1021 North Grand Avenue East

Springfield, IL 62794-9276

1021 North Grand Avenue Eas

Springfield, IL 62794-9276

Connie L. Tonsor

1021 North Grand Avenue East

Springfield, IL 62794-9276

Sonnenschein Nath &

233 South Wacke

Chicago, IL 60606-6404

7800 Sears Tower

233 South Wacker

Chicago, IL 60606-6404

Environmental Bureau

69 W. Washington, 18

Chicago, IL 60602

100 W. Randolph

Chicago, IL 6060