RUG.13.2009

2:50PM

MflRflTHON

PETROLEUM

NO.366

P.2/4

August

131

2009

c

jk

c

Mr.

Timothy Fox,

Hearing Officer

Illinois

Pollution

Control

Board

fl

E

C

E

IV

E

D

James

R.

Thompson Center

CLERK’S

OFFICE

100

W.Randolph

Suite

11-500

3

Chicago,

Illinois

60601

STATE

OF

ILUNOIS

Pollution

Control

Board

RE:

Rulemaking R2006-22,

In

the

Matter of:

NOx

Trading

Program:

Amendments

to

35

ill.

Mm.

Code

Part

217;

Response

to Motions

by

the

Illinois

Environmenta]

Regulatory

Group

Mr.

Fox:

I am

writing

on

behalf

of

Marathon Petroleum

Company

LLC

in

response

to

the

illinois

Pollution Control

Board’s

(“Board”) August

6, 2009

Order

requesting responses

to

the

Illinois

Environmental

Regulatory Group’s

(“LERG”) Motion

for

Emergency

Rule

and

Motion

for

Expedited Action

on

mRG’s Alternative Proposal

(collectively

“Motions”).

We

would

like

to

offer

our

support

for

the

Motions, and

urge

the

Board

to

consider

the

following

in ruling

on

the

Motions:

1.

We

believe

it

is

in the

best

interest

of

business in

illinois

to

adopt

rules,

such

as

the

emergency

rule

and

alternative

proposal

described

in.

the

Motions, that

require

NOx

allowances

to be

distributed

for

the

2009

ozone

season,

as

well

as subsequent

control

periods.

2.

We

are

an

owner/operator

of

budget

unit(s)

snbjeot

to

the

current

Subpart

U.

35

UI,

Admin,

Code

Part

2l7.Subpart

U,

---

AUG.

13.2009

2:50PM

MARATHON PETROLEUM

NO.396

P.3/4

3.

We

have

not

received

allocations

of

NOx

allowances

for

the

2009 ozone

season,

nor

for

any

subsequent

years.

4.

We

understand

that

the

current version

of

Subpart U

is

a valid

and

enforceable

regulation

in

Uhinois

that

requires

subject

sources

to

hold

NOx

allowances

for

each

ton

of

NOx

emitted during

the

ozone

season

by

November

30

of the

applicable

year.

5.

We

understand

that

the

USEPA

is

no

longer

issuing

allowances

for

the

NOx

Budget

Trading Program,

as

would

be

required

to

satisfy

the

above

described

requirement.

6.

We

understand

that

NOx

allowances

could

potentially

be

obtained through

the

purchase

of

Clean

Air

Interstate Rule

(“CAIR”)

NOx

allowances,

although

we

are

uncertain

whether those

allowances

would

be

legally sufficient

to

satisfy the

Subpart U

requirement

to

hold

NOx

SIP

Call

allowances.

Nor,

even

if

sufficient,

could

we

demonstrate

compliance

with

the

requirement,

due

to

our

inability

to

obtain CA

compliance

accounts

from

the

USEPA Clean

Air

Markets Division

(“CAMD”),

absent

a

federally approved

trading

program

in

Illinois.

7.

We

are

concerned

that

we,

through no

fault

of

our

own,

may

be

in

violation

of

both

the

law

Eandlorl

our

Clean

Air

Act

Permit

Program (“CAAPP”)

permits, if

immediate

action is not

taken

to

remedy

the

above

described

circumstances.

Marathon

Petroleum

Company

LLC

appreciates

the

opportunity

to

provide this

response.

In

light

of

the

above,

we

request

that

the

Board

grant

IERG’s

Motion

for

Emergency

Rule

in

order

to require

that

2009

NOx

allowances

be

distributed

to

impacted

sources,

and

grant

IERG’s

Motion for

Expedited

Action

on

IERG’s

Alternative

Proposal

in

order

to

bring

NOx

SIP

Call

---

AUG.

13.2009

2:51PM

MARATHON PETROLEUM

NO.366

P.4/4

budget

units into the CA

NOx

Ozone Season

Trading

Program for the 2010

control

period and

beyond.

Respectfully

submitted,

Marathon

Petroleum

Company

LLC

By:

Alan Mayo

Environmental

Supervisor

Robinson, IL

Refinery

Marathon Avenue

P0 Box 1200

Robinson,

IL

62454

(618) 544-2121, ext. 5279