BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MARATHON PETROLEUM COMPANY, LLC
)
Crude Unit Off-Gas Handling System
)
)
)
PCB 09-
)
(Tax Certification)
PROPERTY IDENTIFICATION NUMBER
)
51-34-1-21 or portion thereof
)
NOTICE
TO:
[
Electronic filing
]
[
Service by mail
]
John Therriault, Assistant 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
[
Service by mail
]
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
APPEARANCE
and
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,
Robb H. Layman
/s/
Robb H. Layman
Assistant Counsel
Date: February 11, 2009
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, February 11, 2009
* * * * * PCB 2009-058 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MARATHON PETROLEUM COMPANY, LLC
)
Crude Unit Off-Gas Handling System
)
)
)
PCB 09-
)
(Tax Certification)
PROPERTY IDENTIFICATION NUMBER
)
51-34-1-21 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
/s/
Robb H. Layman
Assistant Counsel
Date: February 11, 2009
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 524-9137
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MARATHON PETROLEUM COMPANY, LLC
)
Crude Unit Off-Gas Handling System
)
)
)
PCB 09-
)
(Tax Certification)
PROPERTY IDENTIFICATION NUMBER
)
51-34-1-21 or portion thereof
)
RECOMMENDATION
NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
(“Illinois EPA”), through its attorneys, and pursuant to 35 Ill. Adm. Code 125.204 of the
ILLINOIS POLUTION CONTROL BOARD’S (“Board”) procedural regulations, files
the Illinois EPA’s Recommendation in the above-referenced request for tax certification
of pollution control facilities. The Illinois EPA recommends a
grant
of the applicant’s
request. In support thereof, the Illinois EPA states as follows:
1.
On or about December 29, 2005, the Illinois EPA received a request and
supporting information from MARATHON PETROLEUM COMPANY, 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
of the relevant portions of the amended application is attached hereto.
[Exhibit A]
.
2.
The applicant’s address is as follows:
Marathon Petroleum Company, LLC
Refinery Office Building
Robinson, Illinois 62454
Electronic Filing - Received, Clerk's Office, February 11, 2009
* * * * * PCB 2009-058 * * * * *
3.
The subject matter of this request consists of a modification to the Crude
Unit Off-Gas Handling system. The particular unit involves the Crude Unit pre-flash off-
gas compressor, designated 1K-1, which previously directed off-gases during a shut-
down of the compressor to a flare and resulted in an estimated 80 pounds of sulfur
dioxide emissions per minute. A new line was installed to route the off-gases to the
Fluid Catalytic Cracking Unit, thereby reducing emissions from the flare.
4.
Section 11-10 of the Property Tax 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 water pollution… or (b)
treating, pretreating, modifying or disposing of any 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 of the
flare system’s modification 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 Ill. Adm. Code 125.200.
[Exhibit B].
7.
The Board can note that the delay in the Illinois EPA’s filing of this
recommendation resulted from a mistaken belief by the undersigned attorney that the
matter had been filed previously, together with a batch of recommendations for other tax
certification requests relating to Marathon in fiscal year 2007. Only after an inquiry was
Electronic Filing - Received, Clerk's Office, February 11, 2009
* * * * * PCB 2009-058 * * * * *
received from Marathon and a concurrent Illinois EPA review of more recent applications
was undertaken, did it become evident that the recommendation in this matter had not
been filed earlier.
8.
Because the modification to the Crude Unit Off-Gas Handling System
satisfies the aforementioned criteria, the Illinois EPA recommends that the Board
grant
the applicant’s requested tax certification.
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
Robb H. Layman
/s/
Robb H. Layman
Assistant Counsel
DATED: February 11, 2009
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 524-9137
I hereby certify that on the 11
th
day of February 11, 2009, I electronically filed the
following instruments entitled
NOTICE, APPEARANCE
and
RECOMMENDATION
with:
CERTIFICATE OF SERVICE
John Therriault, Assistant 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 Petroleum Company, LLC
101 West Jefferson
Refinery Office Building
P.O. Box 19033
Robinson, Illinois 62454
Springfield, Illinois 62794
Robb H. Layman
/s/
Robb H. Layman
Assistant Counsel
Electronic Filing - Received, Clerk's Office, February 11, 2009
* * * * * PCB 2009-058 * * * * *