ILLINOIS POLLUTION CONTROL BOARD
February 28,
1991
IN THE MATTER OF:
)
PETITION OF FORD MOTOR COMPANY
)
AS 91-2
FOR ADJUSTED STANDARD FROM
)
(Adjusted Standard)
35
ILL. ADM. CODE S215.204(a)(1)
ORDER OF THE BOARD
(by J.
C. Marlin):
This matter comes before the Board upon two February
27,
1991 filings made by Ford Motor Company.
The first
is
a petition
for adjusted standard from
35
Ill. Adm. Code 215.204(a)(l) from
the emission limitations for volatile organic compounds
(VOC)
for
prime surfacer coat applications,
as that rule applies
to the
guide coating process at Ford’s Chicago assembly plant.
The second filing
is a motion for expedited consideration
and expedited hearing.
In that motion, Ford recites that
material prejudice would result
if the Board does not act on this
matter today and adopt an Order establishing an accelerated
hearing,
comment and decision schedule containing
the dates
proposed by Ford.
Ford asserts that:
“In order
to comply with the recently
promulgated Federal Implementation Plan
(“FIP”), by July
1,
1991 Ford must obtain the
requested adjusted standard,
in the form of
a
SIP revision, and must obtain the approval of
the United States Environmental Protection
Agency
(“tJ.S.EPA”)
for the SIP revision, and
must complete its compliance demonstration
with satisfactory results.
Ford expects that
obtaining U.S. EPA’s approval will require at
least 60 days
in and of itself,
even though
U.S. EPA has indicated that
it
will consider
any SIP revision obtained by Ford for
“expedited final approval.”
Thus,
for Ford
to
meet the July 1 deadline,
it
must submit its
SIP revision to U.S. EPA in time for
first
publication
in the Federal Register on or
before May
2, 1991.
119—119
—2--
Ford suggests the following timetable:
DATE
EVENT
February 27,
1991
Ford files
its petition
February 28,
1991
Petition accepted for hearing
March
5,
1991
Notice of hearing
Before March 13,
1991
Ford publishes notice of filing
March 29,
1991
IEPA responds to petition
April
4, 1991
Hearing in Cook County
April 18,
1991
Comments close
April
25, 1991
Adjusted standard granted
April
26, 1991
SIP revision to U.S. EPA
As
it
is the Board’s custom to accede to requests
for
expedited consideration to the extent practicable, this matter
was placed on the Board’s agenda for consideration despite its
receipt
very late
in the afternoon on the day before a Board
meeting.
(See 35
Ill.
Adm. Code 101.181, providing that documents
must be received
2 days before a scheduled Board meeting
to
insure placement on the agenda for that meeting.)
The Board
notes
that Ford’s motion
is conspicuously silent as to why
it is
so tardy
in making its relief
request to the Board, given
that
the FIP was promulgated
a full eight months ago, on June 29,
1990
(55 FR 28814).
The Board further notes
that, after Ford’s eight
month delay, Ford’s proposed hearing and decision timetable
allows the Board a “generous” one week period after close of
the
record in which to draft and reach a decision,
in order
to allow
USEPA
a full 60 days
in which to determine approvability of any
adjusted standard as a SIP revision.
Finally, the Board also
notes that Ford’s request
for an immediate hearing has been made
at a time when, due to a fiscal shortfall,
the Board is
involved
in the painful process of deferring some hearings, and
prioritizing others, as funds are presently insufficient to allow
hearings to be held in all pending cases.
While the Board
is
continuing
its efforts to secure additional monies, whether and
when such efforts may prove fruitful is unknown.
Under these circumstances, the Board could justifiably find
that any prejudice to Ford is self imposed and deny its
request.
However, in consideration of the approximately 2,800
people employed at Ford’s Chicago plant,
the Board will grant the
request
to expedite hearing and decision.
In so doing,
the Board
makes no commitment
to adhere to Ford’s proposed timetable,
although it will be guided by Ford’s suggestions consistent with
the Board’s workload and resource constraints.
IT IS SO ORDERED.
119—120
—3—
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify
hat the above Order was adopted on
the
~71
day of
~
,
1991, by a vote of
_____
a~
~.
_
Dorothy M.flunn, Clerk
Illinois P~11utionControl Board
119—121