ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

September 2, 2005

EXXONMOBIL OIL CORPORATION

Petitioner,

V .

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent

.

IEPA-05-001

(Provisional

Variance- Air)

Re: Request for Provisional Variance - Marine Terminal Organic Material

Emission Standards

On September 1, 2005, the Illinois EPA received from ExxonMobil Oil Corporation

("ExxonMobil") a request for provisional variance to allow the loading of gasoline onto

barges at the Joliet refinery wharf loading facility without the requisite vapor collection

and control system for volatile organic material ("VOM") emissions. The Illinois EPA

accepted this request for review pursuant to the requirements of the Illinois

Environmental Protection Act ("Act") and the applicable Agency regulations

.

The Illinois EPA evaluated the request pursuant to the requirements of Sections 35, 36,

and 37 of the Act and the Agency regulations at 35 Ill . Adm. Code Part 180. The Illinois

EPA is granting ExxonMobil's request for provisional variance as the source has

demonstrated that an arbitrary and unreasonable hardship will result in the event of a

denial. More specifically, in light of catastrophic events that have occurred as a result of

Hurricane Katrina, regulatory relief requested by ExxonMobil is intended to facilitate

loading of gasoline for delivery to communities where primary sources of gasoline supply

have been disrupted, including refinery and/or pipeline operations

.

ExxonMobil seeks provisional variance from permit condition 7 .16.7(a) contained within

Clean Air Act Permit Program ("CAAPP") permit number 95120304 and 35 Ill . Adm .

Code Part 218 Subpart GG (Marine Terminals). The Illinois EPA is granting relief from

condition 7 .16.7(a) and the applicable requirements of 35 Ill . Adm. Code Section 218 .762

(Control Requirements), Section 218 .764 (Compliance Certification), Section 218 .766

(Leaks), Section 218.768 (Testing and Monitoring), and Section 218.770 (Record

keeping and Reporting). Relief is granted until such time as barge loading operations

have concluded or September 15, 2005, the close of the regulatory control period,

whichever occurs first .

RECEIVE

VP RECEIVED

S1 3 2005

STATE OF ILLINOIS

Pollution Control Board

---

The Illinois EPA is granting ExxonMobil's request for provisional variance subject to the

following conditions :

1 .

In lieu of the recordkeeping requirements of 35 Ill. Adm. Code 218.770,

ExxonMobil shall keep the following records

:

a. The number of barges loaded and the dates of any loading during the

term of the provisional variance

.

b. The total tons of VOM released during barge loading operations

conducted during the term of the provisional variance, with supporting

calculations

.

2 .

ExxonMobil shall submit to the Illinois EPA, by September 30, 2005, a

report detailing the information required by 1(a) and (b) above .

Robert A. Messina

Chief Legal Counsel

cc

:

IPCB, Clerk