BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
FLINT HILLS RESOURCES, LP
)
Scrubber (KT-110)
)
)
PCB 09-
)
(Tax Certification)
PROPERTY IDENTIFICATION NUMBER
)
10-10-200-002-0000 or portion thereof
)
NOTICE
TO:
[
Electronic filing
]
[
Service by mail
]
John Therriault, Assistant Clerk
Tim Nicol
Illinois Pollution Control Board
Flint Hills Resources, LP
State of Illinois Center
23425 Amoco Road
100 W. Randolph Street, Suite 11-500
Channahon, Illinois 60410
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,
/s/
Robb H. Layman
Robb H. Layman
Assistant Counsel
Date: April 8, 2009
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Telephone: 217/524-9137
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
FLINT HILLS RESOURCES, LP
)
Scrubber (KT-110)
)
)
PCB 09-
)
(Tax Certification)
PROPERTY IDENTIFICATION NUMBER
)
10-10-200-002-0000 or portion thereof
)
APPEARANCE
I hereby file my Appearance in this proceeding on behalf of the Illinois
Environmental Protection Agency.
Respectfully submitted by,
/s/
Robb H. Layman
Robb H. Layman
Assistant Counsel
Date: April 8, 2009
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, April 8, 2009
* * * * * PCB 2009-078 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
FLINT HILLS RESOURCES, LP
)
Scrubber (KT-110)
)
)
PCB 09-
)
(Tax Certification)
PROPERTY IDENTIFICATION NUMBER
)
10-10-200-002-0000 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 December 22, 2006, the Illinois EPA received a request and supporting
information from FLINT HILLS RESOURCES, LP (“Flint Hills”) concerning the
proposed tax certification of certain air emission sources and/or equipment associated
with the company’s chemical manufacturing plant. The plant is located near Joliet in
Will County, Illinois. A copy of the relevant portions of the application is attached
hereto.
[Exhibit A]
.
2.
The address of the chemical manufacturing facility is:
Flint Hills Resources, LP
23425 Amoco Road
Channahon, Illinois 60410
3.
The pollution control equipment or facilities involved in this request
consist of a Scrubber unit, designated by the company as KT-110. As part of chemical
manufacturing operations, the company maintains two intermediate product silos
Electronic Filing - Received, Clerk;'s Office, April 8, 2009
* * * * * PCB 2009-078 * * * * *
associated with the manufacture of isophthalic acid. The construction and installation of
the Scrubber unit will control particulate matter (“PM”) and volatile organic material
(“VOM”) emissions from the existing product silos, which will be vented from existing
vent collectors to the new scrubber.
See generally
,
Exhibit A
at pages 1 and 2 of APC
Form 151. The Scrubber unit is designed to achieve at least ninety-five percent control
efficiency for VOM emissions and is generally required to be operated at all times when
the intermediate product silos are in operation.
See
,
Exhibit A
at page 1 of attached
Construction Permit No. 05060069.
4.
Section 11-10 of the Property Tax Code, 35 ILCS 200/11-10 (2006),
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 (2006).
6.
Based on information in the application and the underlying purpose of the
Scrubber 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
“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.
Because the Scrubber unit will satisfy the aforementioned criteria, the
Illinois EPA recommends that the Board
grant
the applicant’s requested tax certification.
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
/s/
Robb H. Layman
Robb H. Layman
Assistant Counsel
DATED: April 8, 2009
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217/524-9137
CERTIFICATE OF SERVICE
I hereby certify that on the 8
th
day of April 2009, I electronically filed the
following instruments entitled
NOTICE, APPEARANCE
and
RECOMMENDATION
with:
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
Tim Nicol
Illinois Department of Revenue
Flint Hills Resources, LP
101 West Jefferson
23425 Amoco Road
P.O. Box 19033
Channahon, Illinois 60410
Springfield, Illinois 62794
/s/
Robb H. Layman
Robb H. Layman
Assistant Counsel
Electronic Filing - Received, Clerk;'s Office, April 8, 2009
* * * * * PCB 2009-078 * * * * *
Electronic Filing - Received, Clerk;'s Office, April 8, 2009
* * * * * PCB 2009-078 * * * * *
Electronic Filing - Received, Clerk;'s Office, April 8, 2009
* * * * * PCB 2009-078 * * * * *
Electronic Filing - Received, Clerk;'s Office, April 8, 2009
* * * * * PCB 2009-078 * * * * *
Electronic Filing - Received, Clerk;'s Office, April 8, 2009
* * * * * PCB 2009-078 * * * * *
Electronic Filing - Received, Clerk;'s Office, April 8, 2009
* * * * * PCB 2009-078 * * * * *
Electronic Filing - Received, Clerk;'s Office, April 8, 2009
* * * * * PCB 2009-078 * * * * *
Electronic Filing - Received, Clerk;'s Office, April 8, 2009
* * * * * PCB 2009-078 * * * * *