Case 1:05-cv-05809 Document 13 Filed 11/13/2007 Page 1 of 7 

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

UNITED STATES OF AMERICA, ) 

STATE OF ILLINOIS, ) 

STATE OF LOUISIANA, and the ) 

STATE OF MONTANA )

 )

 Plaintiffs, ) 

) Case No. 05 C 5809 

v. ) 

) The Honorable Rebecca R. Pallmeyer 

EXXON MOBIL CORPORATION and ) 

EXXONMOBIL OIL CORPORATION ) 

)

 Defendants. ) 

) 

SECOND STIPULATION AND AGREEMENT MAKING ADDITIONAL 

NON-MATERIAL MODIFICATION TO CONSENT DECREE 

The United States, on behalf of the U.S. Environmental Protection Agency (“EPA”), and 

Defendants Exxon Mobil Corporation and Exxon Mobil Oil Corporation (referred to collectively 

herein as “ExxonMobil”) enter into this Stipulation and Agreement in order to make a 

non-material modification to the Consent Decree in this case, pursuant to the procedure 

prescribed by Paragraph 269 of the Decree. In accordance with Decree Paragraph 269, the 

United States is filing this non-material modification with the Court, but the Court need not take 

any action on this filing. Relevant background information and the specific terms of the 

non-material modification are set forth below. 

1. The Plaintiffs filed this action on October 11, 2005, alleging violations of 

multiple environmental laws at six of ExxonMobil’s domestic petroleum refineries. At the same 

time, the United States moved to lodge the proposed Consent Decree between the Plaintiffs and 

ExxonMobil, and the Court granted the motion to lodge the Decree on October 14, 2005. 
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2. In response to an “Unopposed Motion to Enter Consent Decree” filed by the 

United States, the Court approved and entered the Consent Decree on December 13, 2005. 

3. Subsection V.J of the existing Consent Decree imposes a range of requirements 

applicable to Flaring Devices at ExxonMobil’s refineries. Among other things, that Consent 

Decree Subsection mandates compliance with Clean Air Act New Source Performance Standard 

requirements that are codified at 40 C.F.R. Part 60, Subparts A and J (“NSPS Subpart A and J”), 

as specified therein. For example, Paragraph 73 of the Consent Decree lists certain methods of 

compliance with NSPS Subpart A and J for Flaring Devices and Consent Decree Appendix G 

identifies the particular method of compliance that ExxonMobil would utilize for specific Flaring 

Devices. In certain instances, Consent Decree Paragraph 72 also summarizes some of the 

engineering work that ExxonMobil needs to undertake before the relevant Flaring Devices can 

comply with NSPS Subpart A and J requirements. 

4. This Stipulation and Agreement documents a non-material change in the method 

that ExxonMobil will use to comply with NSPS Subpart A and J requirements for the two 

Flaring Devices at the company’s Billings, Montana refinery. It does not change the original 

schedule or deadline for compliance with those regulatory requirements. 

5. Under the original Consent Decree, ExxonMobil committed to comply with NSPS 

Subpart A and J requirements applicable to the two Flaring Devices at its Billing Refinery by 

“[o]perat[ing] and maintain[ing] a flare gas recovery system to prevent continuous or routine 

combustion in the NSPS Flaring Device” in accordance with Decree Subparagraph 73.a.i. See 

Consent Decree Appendix G. ExxonMobil still plans to construct and commence operation of 

enhancements to its existing flare gas recovery system at the Billings Refinery (as described in 

Decree Subparagraph 72.c), but those enhancements may not fully “prevent continuous or 

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Case 1:05-cv-05809 Document 13 Filed 11/13/2007 Page 3 of 7 

routine combustion” in the two Billings Refinery Flaring Devices (as envisioned by Decree 

Subparagraph 73.a.i), so ExxonMobil will be taking additional steps to utilize a different NSPS 

Subpart A and J compliance option under the Decree. ExxonMobil will “[o]perate [each of those 

Flaring Devices] as a fuel gas combustion device and comply with NSPS monitoring 

requirements by use of a continuous monitor pursuant to 40 C.F.R. § 60.105(a)(4) or with a 

parametric monitoring system approved by EPA as an alternative monitoring system under 

40 C.F.R. § 60.13(i),” pursuant to Decree Subparagraph 73.a.iii. 

6. To memorialize that modification in accordance with Decree Paragraph 269, EPA 

and ExxonMobil hereby stipulate and agree that Appendix G of the Consent Decree is hereby 

modified by deleting the text set forth below and replacing it with revised text, as follows: 

Delete the following existing text in Appendix G: 

Billings Main Flare 48 months after Entry Date (so that flare gas 

recovery system upgrades can be completed by 

that Compliance Date) 

Subparagraph 73.a.i 

Billings Turnaround 

Flare 

48 months after Entry Date (so that flare gas 

recovery system upgrades can be completed by 

that Compliance Date) 

Subparagraph 73.a.i 

Replace the deleted text in Appendix G with the following new text: 

Billings Main Flare 48 months after Entry Date (so that flare gas 

recovery system upgrades and other improvements 

can be completed by that Compliance Date) 

Subparagraph 73.a.iii 

Billings Turnaround 

Flare 

48 months after Entry Date (so that flare gas 

recovery system upgrades and other improvements 

can be completed by that Compliance Date) 

Subparagraph 73.a.iii 

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Case 1:05-cv-05809 Document 13 Filed 11/13/2007 Page 5 of 7 

Of Counsel: 

Robert D. Parrish 

Attorney-Advisor 

U.S. Environmental Protection Agency 

Mail Code 2248A 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

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Case 1:05-cv-05809 Document 13 Filed 11/13/2007 Page 7 of 7 

CERTIFICATE OF SERVICE 

I hereby certify that I caused true and correct copies of the foregoing SECOND 

STIPULATION AND AGREEMENT MAKING ADDITIONAL NON-MATERIAL 

MODIFICATION TO CONSENT DECREE to be served by electronic mail and/or first class 

mail, postage pre-paid, on the following persons, in accordance with Paragraph 261 of the 

Consent Decree in this case: 

Assistant General Counsel, Litigation 

Law Department 

Exxon Mobil Corporation 

800 Bell Street 

ExxonMobil Building, Room 1503B 

Houston, TX 77022 

Clara M. Poffenberger 

Counsel 

Downstream Companies 

Exxon Mobil Corporation 

3225 Gallows Road, Room 3D2126 

Fairfax, VA 22037 

Robert D. Parrish 

Attorney-Advisor 

U.S. Environmental Protection Agency 

Mail Code 2248A 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

Dated: November 13, 2007 

Rosemarie Cazeau 

Rebecca Burlingham 

Environmental Bureau 

Office of the Illinois Attorney General 

188 West Randolph St. – 20th Floor 

Chicago, IL 60601 

Ted R. Broyles, II 

Attorney 

Office of the Secretary 

Legal Affairs Division 

Louisiana Department of 

Environmental Quality 

P.O. Box 4302 

Baton Rouge, LA 70821-4302 

David Rusoff 

Special Assistant Attorney General 

Montana Department of 

Environmental Quality 

P.O. Box 200901 

Helena, MT 59620-0901 

s/ Randall. M. Stone