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BEFORE THE ILLINOIS

POLL

TION CONTROL BOARD

DEC

302004

OF

TUE

STATE OF ILLINOIS

MARATHON ASHLAND PETROLEUM, LLC

Selective Catalytic Reduction Unit

PROPERTY IDENTIFICATION NUMBER

51-34-1-21

or portion thereof

TO:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

State of Illinois Center

100 W.

Randolph Street, Suite

11-500

Chicago, Illinois 60601

Steve Santarelli

Illinois Department of Revenue

101

West Jefferson

P.O. Box

19033

Springfield, Illinois 62794

John S. Swearingen

Marathon Ashland Petroleum

Refinery Office Building

Robinson, illinois 62454

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution

Control Board the APPEARANCE

and RECOMMENDATION ofthe Illinois

Environmental Protection Agency, a copy ofwhich is herewith served upon the applicant

and a representative ofthe Illinois Department ofRevenue.

Date:

December 29, 2004

Respectfully submitted by,

Robbl-L Layman

Cl

Special Assistant Attorney General

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.

1021

North Grand Avenue East

P.O.

Box

19276

Springfield, IL 62794-9276

Telephone: 217/782-5544

Facsimile:

217/782-9807

STATE OF ILLINOIS

Pollution Control

)

)

)

)

)

)

)

PCB,f)4~

(Tax Certification)

NOTICE

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CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

DEC

302004

OF THE

STATE OF ILLINOIS

STATE OF ILLINOIS

Pollution Control

Board

MARATHON ASHLAND PETROLEUM, LLC

)

Selective Catalytic Reduction Unit

)

—Vt?

)

PCB~~

)

(Tax Certification)

PROPERTY IDENTIFICATION NUMBER

)

5

1-34-1-21

or portion thereof

)

APPEARANCE

I

hereby

file

my

Appearance

in

this

proceeding

on

behalf of

the

Illinois

Environmental Protection Agency.

Respectfully submitted by,

Robb

H. Layman

Cl

Special Assistant Attorney General

Date:

December 29, 2004

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

Telephone: 217/782-5544

Facsimile:

217/782-9807

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JR

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CLERK’S

OF~CE

DEC 30

2004

BEFORE

TIlE

ILLINOIS POLLUTION

CONTROL BOA~TEOF ILLINOIS

OF THE STATE OF ILLINOIS

Pollution

Control

Boarr~

MARATHON ASHLAND PETROLEUM, LLC

)

Selective Catalytic Reduction Unit

)

i

~

PCB~4’~

)

(Tax Certification)

PROPERTY IDENTIFICATION NUMBER

)

51-34-1-21

orportionthereof

)

RECOMMENDATION

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

(“Illinois EPA”), through its attorneys, and pursuant to

35 Ill.

Adm.

Code

125.204

ofthe

ILLINOIS POLUTION CONTROL BOARD’S (“Board”) procedural regulations, files

the Illinois

EPA’s Recommendation in the above-referenced request for tax certification

ofpollution control facilities.

In support thereof, the Illinois EPA states as follows:

1.

On September 16, 2004,

the Illinois

EPA received a request and

supporting information from MARATHON ASHLAND PETROLEUM, LLC,

(‘~Marathon”)

concerning

the proposed tax certification of certain. air emission sources

and’or equipment located at its

Robinson refinery in Crawford County,

Illinois.

A copy

L

ofthe relevant portions of the application is attached hereto.

Exhibit

A.

2.

The applicant’s address is as follows:

MaraThon Ashland Petroleum, LLC

RefineryOffice Building

Robinson, Illinois 62454

3.

The pollution control facilities

involved in this

request are located at the

aforementioned address and consist ofthe installation ofnew andlor modified equipment,

described as a Selective Catalytic Reduction (“SCR”) unit that will allow the refinery to.

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12—30—1:14;

i0:37Alv1

reduce or eliminate nitrogen oxide emissions.

The primary purpose of the SCR unit is to

reduce nitrogen oxide emissions

from the iF-I

Crude Atmospheric Furnace, which is the

second largest furnace, based on design duty, at the refinery.

As described in the

application, the SCR device is a fixed catalyst bed in the furnace flue gas duct which

mixes flue gas with small amounts ofammonia, thereby causing the conversion of

nitrogen oxides

to harmless nitrogen gas and water.

4.

Section

11-10 ofthePropertyTax Code,

35 ILCS 200/11-10 (2002),

defines “pollution control facilities” as:

“any system, method,

construction, device or appliance appurtenant•

thereto, or any portion of any building or equipment, that

is designed,

constructed, installed or operated for the primary purpose of: (a)

eliminating, preventing, or reducing air or waterpollution...

or (b)

treating, pretreating, modifying or disposing ofany potential solid, liquid,

gaseous pollutant which if released without treatment, pretreatment,

modification or disposal might

be harmful, detrimental or offensive to

human, plant or animal life, or to property.”

5.

Pollution control facilities are entitled to preferential tax treatment, as

provided by

35

ILCS 200/11-5 (2002).

6.

Based on information in the application and the underlying purpose ofthe

SCR unit to prevent, eliminate or reduce air pollution, it

is’ the illinois EPA’s engineering

judgment that the described project and/or equipment may be considered as “pollution

control facilities” in accordance with the statutory definition and consistent with the

Board’s regulations

at 35 Iii. Adm.

Code’ 125.200.

7~

Because the SCR unit satisfies the aforementioned criteria, the Illinois

EPA recommends that the Board issue the applicant’s requested tax certification.

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3794,1

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Respectfully submitted by,

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

~_7~’~I

~1

RobbH.Layman

(/

Special Assistant Attorney General

DATED:

December 29, 2004

ILLINOIS ENV~ONMENTAL

PROTECTION AGENCY

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

Telephone: 217/782-5544

Facsimile:

217/782-9807

THIS FlUNG IS STJBMFITED ON RECYCLED PAPER

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7

0

R

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C~R~’~

t~FIO

DEC 30

2004

CERTIFICATE OF SERVICE

STATE

OF ILLINOIS

I hereby certify that on the 30th day ofDecember, 2004, I did

~

~f~P.~I~ard

Mail, with postage thereon fully paid and deposited into the possession of the United

States Postal

Service, one (1) original and nine (9) copies of the following instrumentS

entitled

NOTICE,

APPEARANCE and RECOMMENDATION to:

Dorothy Gunn, Clerk’

Illinois Pollution Control Board

100

West Randolph Street

Suite 11-500

Chicago, Illinois

60601

and

a true

and correct copy ofthe same foregoing instruments,

by First Class Mail with

postage thereon fully paid and deposited into the possession ofthe United States Postal

Service, to:

Steve Santarelli

John S. Ssvearingen

Illinois Department ofRevenue

Marathon Ashland Petroleum

101

West Jefferson

Refinery Office Building

P.O. Box

19033

Robinson, Ulinois 62454

Springfield, Illinois

62794

Robb H. Layman

(/

Special Assistant Attorney General

This filing

is submitted

on recycled paper.

---

ED

DEC 3

0

2004

ILLINOIS

ENVTRONMENTAL

PROT EC~ION

AGENCY

DIVISION OF LEGAL COUNSEL

1021 NORTH

GRAND AVENUE

EAST, POST

OFFICE

BOX 19276

SPRINGFIELD,

ILLINOLS

62794-9276

TELEPHONE

(217)782-5544FACSLMII..E (217)782-9807

DATE:

~

~

FACSIMILE TRANSMITTAL SHEET

PLEASE DELIVER THE FOLLOWING PAGE(S

TO:

PARTY’S NAME:

2~4~

~

FIRM/COMPANY’S

NAME:

FACSIMILE NO.:

______

TELEPHONE

NO.:

/~/~

~

FROM:

Re:

,Q~~6I

~

TOTAL NUMBER OF PAGES

(INCLUDING THIS

PAGE):

__________

HARD

COPY

SS1LL~J(

WELL

NOT_________

FOLLOW.

IF YOU DO NOT

RECEIVE

ALL OF THE PAGES,

PLEASE CALL 217-782-5544.

-.~

~

~

~

IMPORTANT

-

THIS MESSAGE Is INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITLTO WHICH IT

IS

ADDRESSED;

AND

MAY

CONTAIN INFORMATION THAT

IS

PRIVILEGED,

CONFIDENTIAL,

AND

EXEMPT

FROM

DISCLOSURE

UNDER

APPLICAPLE

LAW.

IF THE

READER

OF THE

MESSAGE IS NOT THE

INTENDED

RECIPIENT,

OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER iT TO THE INTENDED.RECLPLENT, YOU

ARE

HEREBY

NOTIFIED

THAT

READING,

DISSEMINATING,

DIS1REBUTING,

OR

COPYING

THIS

COMMUNICATION

IS

S~IRICTLYPROk~TED.

LFYOU

HAVE

RECEIVED

THIS

COMMUNICATION I~ERROL

PLEASE

IMMEDIATELY NOTIFY

US

BY TFLEPHONE.

AND

RETURN

THE

ORIGINAL

MESSAGE TO

US

AT THE

ABOVE ADDRESS

VIA THE U.S. POSTAL SERVICE. THANK YOU.’

IL

532

2624

ADM2I4 Feb-99

12_3O_04;’1037AN1

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