ILLINOIS POLLUTION CONTROL BOARD
February 21, 2002
IN THE MATTER OF:
)
)
PETITION OF FORD MOTOR COMPANY ) AS 02-3
(CHICAGO ASSEMBLY PLANT) FOR ) (Adjusted Standard - Air)
AN ADJUSTED STANDARD FROM )
35 ILL. ADM. CODE 218.986
)
ORDER OF THE BOARD (by S.T. Lawton, Jr.):
On February 4, 2002, Ford Motor Company, Inc. (Ford) filed with the Board a petition
for an adjusted standard pursuant to Sections 27 and 28.1 of the Environmental Protection Act
(Act) (415 ILCS 5/27, 28.1 (2000)) and 35 Ill. Adm. Code Part 104. Ford also requested in its
petition that the Board waive a hearing on this matter.
Ford requests that the Board revise its former adjusted standard, which adopted an
adjusted volatile organic material (VOM) emission limitation for the solvent cleanup operations
at Ford’s Chicago Assembly Plant (plant) under 35 Ill. Adm. Code Part 218, Subpart TT, entitled
“Other Emission Units.”
See
Petition of Ford Motor Company for an Adjusted Standard from 35
Ill. Adm. Code 218.986, AS 00-06 (Apr. 6, 2000). Specifically, Ford requests the Board to grant
an adjusted standard from 35 Ill. Adm. Code 218.986 for a 50-ton reduction in their emissions,
lowering the 390 tons VOM per rolling 12 month total to a 340 tons VOM per rolling 12 month
total. Ford’s petition states that this request for reduced VOM emissions is a result of
discussions with the United States Environmental Protection Agency Region V, community
members, and environmental groups as a part of the plant’s Good Neighbor Group Dialogue.
NOTICE AND HEARING
Section 28.1 of the Act (415 ILCS 5/28.1 (2000)) and 35 Ill. Adm. Code 104.408 require
publication of notice of an adjusted standard proceeding in a newspaper of general circulation in
the area affected by the petitioner’s activity. The notice must be published within 14 days of
filing a petition for an adjusted standard with the Board.
See
35 Ill. Adm. Code 104.408(a). As
required by 35 Ill. Adm. Code 104.410, Ford filed a certificate of publication with the Board on
February 15, 2002, indicating that notice of the petition was published in the
Chicago Tribune
, a
Chicago newspaper, on February 7, 2002. The Board finds that the notice meets the
requirements of Section 28.1 of the Act (415 ILCS 5/28.1 (2000)) and 35 Ill. Adm. Code
104.408 and 104.410.
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PROOF AND INFORMATIONAL SUFFICIENCY
For the Board to grant an adjusted standard, the petitioner must satisfy requirements for
adequate proof under Section 28.1(c) of the Act (415 ILCS 5/28.1(c) (2000)), and sufficient
information under 35 Ill. Adm. Code 104.406, 104.426 and 720.131(c). The Board finds that the
petition meets the Board’s informational requirements for granting an adjusted standard.
HEARING WAIVER
In its petition, Ford states that “unless the Board deems it necessary, Ford waives a
hearing on this petition.” Pet. at 11. At this point in the proceedings, the Board finds that Ford
waived a hearing for its adjusted standard. Accordingly, the Board will not schedule a hearing in
this matter.
However, the Board reminds Ford that a hearing is usually held in an adjusted standard
concerning Clean Air Act (CAA) requirements because granting this relief could affect the State
Implementation Plan (SIP). Section 110(l) of the CAA (42 U.S.C. §7410(l) (2001)) requires any
revisions to the SIP submitted by a State to be adopted by that State after reasonable notice and a
public hearing. In this case, revising the SIP may not be necessary because the adjusted standard
would lower the emissions limit. In this context, a SIP revision would be needed only if the
State intends to claim the reduction as a part of its ongoing efforts to meet the National Ambient
Air Quality Standards for ozone.
The Board directs the Illinois Environmental Protection Agency (Agency) to address the
issue of whether a hearing is necessary in this matter in its recommendation. Ford may wish to
request a hearing in light of the Agency’s statements. If Ford finds it desires a hearing in this
matter, it may request a hearing within 30 days of the date that the Agency files its
recommendation with the Board.
CONCLUSION
The Board finds that the petition adequately satisfies the proof requirements under
Section 28.1(c) of the Act (415 ILCS 5/28.1(c) (2000)), and information sufficiency
requirements in Board regulations at 35 Ill. Adm. Code 104.406, 104.426 and 720.131(c). The
Board also finds that Ford waives its right to a hearing unless the Board finds it necessary to hold
one. The Board directs the Agency to address whether a hearing is necessary in its
recommendation. Ford may request a hearing in response to the Agency recommendation within
30 days of the date that the Agency files the recommendation with the Board.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on February 21, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
