ILLINOIS POLLUTION CONTROL BOARD
January 19, 2006
MARATHON ASHLAND PETROLEUM,
LLC
((Selective Catalytic Reduction Unit
(Property Identification Number
51-34-1-210)),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 06-102
(Tax Certification - Air)
ORDER OF THE BOARD (by G.T. Girard):
On December 13, 2005, the Illinois Environmental Protection Agency (Agency)
recommended that the Board certify certain facilities of Marathon Ashland Petroleum, LLC
(Marathon Ashland Petroleum) as “pollution control facilities” for preferential tax treatment
under the Property Tax Code (35 ILCS 200/11-5
et seq.
(2004)). The facilities are selective
catalytic reduction unit facilities at Marathon Ashland Petroleum’s petroleum refinery in
Robinson, Crawford County. The Agency filed the recommendation under Part 125 of the
Board’s procedural rules (35 Ill. Adm. Code 125).
On January 5, 2006, the Agency filed a motion to withdraw its recommendation. In
support of its recommendation, the Agency asserts that the filing of this recommendation was an
inadvertent error. The Agency states that this recommendation is substantially identical to a
recommendation filed on December 29, 2004, for which the Board granted tax certification in
Marathon Ashland Petroleum, LLC (Selective Catalytic Reduction (Property Identification
Number 51-34-1-21)), PCB 05-120 (Jan. 6, 2005).
The Board hereby grants that motion, dismisses this case, and closes the docket.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
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orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on January 19, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board