BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MARATHON ASHLAND PETROLEUM, LLC )
Selective Catalytic Reduction Unit )
)
) PCB 06-102
) (Tax Certification)
PROPERTY IDENTIFICATION NUMBER )
51-34-1-21 or portion thereof )
NOTICE
TO: Dorothy Gunn, Clerk John S. Swearingen
Illinois Pollution Control Board
Marathon Ashland Petroleum
State of Illinois Center Refinery Office Building
100 W. Randolph Street, Suite 11-500 Robinson, Illinois 62454
Chicago, Illinois 60601
Steve Santarelli
Illinois Department of Revenue
101 West Jefferson
P.O. Box 19033
Springfield, Illinois 62794
PLEASE TAKE NOTICE that I have today electronically filed with the Office of
the Pollution Control Board the MOTION TO WITHDRAW RECOMMENDATION of
the Illinois Environmental Protection Agency, a copy of which is herewith served upon
the applicant and a representative of the Illinois Department of Revenue.
Respectfully submitted by,
_____
/s/_______________________
Robb H. Layman
Assistant Counsel
Date: January 5, 2006
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Telephone: 217/524-9137
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MARATHON ASHLAND PETROLEUM, LLC )
Selective Catalytic Reduction Unit )
)
) PCB 06-102
) (Tax Certification)
PROPERTY IDENTIFICATION NUMBER )
51-34-1-21 or portion thereof )
MOTION TO WITHDRAW RECOMMENDATION
NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
(“Illinois EPA”), through its attorneys, and moves the ILLINOIS POLLUTION
CONTROL BOARD (“Board”) to withdraw the Illinois EPA’s Recommendation
previously filed in this proceeding on or about December 13, 2005, and to close the
above-referenced docket of this proceeding for want of a justiciable controversy. In
support thereof, the Illinois EPA states as follows:
1. On December 30, 2004, the Illinois EPA received a request and supporting
information from MARATHON ASHLAND PETROLEUM, LLC, (“Marathon”)
concerning the proposed tax certification of a Selective Catalytic Reduction Unit at its
Robinson refinery in Crawford County, Illinois. A copy of the relevant portions of the
application was previously referenced as Exhibit A and attached to the Illinois EPA’s
filing of a formal Recommendation on or about December 13, 2005.
2. Following the filing of the Illinois EPA’s Recommendation, the
undersigned attorney discovered that the December 30, 2004, application acted upon by
the Illinois EPA was identical in substance to a prior application for tax certification
previously submitted by Marathon on September 4, 2004. The prior application had
served as a basis for the Illinois EPA’s filing of a formal Recommendation with the
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
Board on or about December 29, 2004, supporting tax certification for the same Selective
Catalytic Reduction Unit. The only differences in content between the original
application and the later amended application concerned the project’s accounting data.
3. The Board approved tax certification of the Selective Catalytic Reduction
Unit in a formal Order dated January 6, 2005.
See, Marathon Ashland Petroleum, LLC
(Selective Catalytic Reduction (Property Identification Number 51-34-1-21)) v. Illinois
EPA,
PCB No. 05-120 (January 6, 2005).
4. Because of the project’s prior tax certification by the Board, the Illinois
EPA’s inadvertent filing of the December 13, 2005, Recommendation in this cause is
moot.
5. Prior to the filing of this Motion, the undersigned counsel spoke with Mr.
Dennis Baker, an authorized contact person for Marathon, about this matter. The
company’s representative confirmed that Marathon had determined that the project had
already received tax certification and that, as such, no objection to this Motion would be
stated.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
WHEREFORE, the Illinois EPA moves the Board to grant this Motion
withdrawing the Recommendation filed on or about December 13 2005, and to close the
above-referenced docket of this proceeding.
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
_____/s/___________________________
Robb H. Layman
Assistant Counsel
DATED: January 5, 2006
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217/524-9137
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006
CERTIFICATE OF SERVICE
I hereby certify that on the 5
th
day of January 2006, I electronically filed the
following instruments entitled
MOTION TO WITHDRAW RECOMMENDATION
with:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
and, further, that I did send a true and correct copy of the same foregoing instruments, by
First Class Mail with postage thereon fully paid and deposited into the possession of the
United States Postal Service, to:
Steve Santarelli John S. Swearingen
Illinois Department of Revenue
Marathon Ashland Petroleum
101 West Jefferson Refinery Office Building
P.O. Box 19033 Robinson, Illinois 62454
Springfield, Illinois 62794
_____/s/________________________
Robb H. Layman
Assistant Counsel
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 5, 2006