ro5
-5
(Adjusted Standard Air)
RECEIVED
CLERK’S OFFICE
AUG
092005
STATE OF ILLINOIS
Pollution Control Board
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
SEE
ATTACHED SERVICE
LIST
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have
filed with the Office ofthe Pollution
Control Board the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S MOTION TO
CORRECT THE TRANSCRIPT OF THE
HEARING HELD JUNE 28, 2005 CONCERNING
THE PETITION OF FORD MOTOR COMPANY
FOR AND ADJUSTED STANDARD FROM
35 ILL. ADM. CODE 218.586 AND POST-HEARING BRIEF OF THE ILLINOSI EPA on
behalfof the Illinois Environmental Protection Agency,
a copy ofwhich is herewith served upon
you.
Date:
August
5,
2005
1021
North Grand Avenue East
P.O. Box 19276
Spring field, IL 62794-9276
217/782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
B~C_
Charles E. Matoesian
Assistant
Counsel
Division of Legal Counsel
THIS FILING
IS SUBMITTED ON
RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
A5
IN THE MATTER OF:
PETITION OF FORD
MOTOR COMPANY
FOR AN ADJUSTED STANDARD
FROM
35
ILL. ADM. CODE 218.586
)
)
)
)
NOTICE
RECEIVED
CLERK’SOFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
AUG
992005
IN THE
MATTER OF:
)
STATE OF ILLINOIS
)
Pollution Control Board
PETITION OF FORD MOTOR COMPANY
)
AS
05-5
FOR AN ADJUSTED STANDARD FROM
)
Adjusted Standard -Air
35 ILL. ADM. CODE
§
218.586
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY’S MOTION TO
CORRECT
THE TRANSCRIPT OF THE
HEARING HELD JUNE 28,
2005
CONCERNING THE PETITION OF FORD MOTOR COMPANY
FOR AN
ADJUSTED STANDARD FROM
35 ILL. ADM. CODE ~ 218.586
NOW COMES the Illinois Environmental Protection Agency (“Illinois
EPA”), by
and
through its
attorney Charles Matoesian,
and requests the Board order the correction
ofthe transcript for the hearing held
June 28, 2005,
in the Matter of: Petition ofFord
Motor Company for an Adjusted Standard from
35
Ill. Adm.
Code
§
218.586, as follows:
On page 2 ofthe transcript, line
23
,
the record list “JohnBaguzis” as present for the
Illinois Environmental Protection Agency.
Mr. Baguzis actually was present for Ford
Motor Company.
On page 14 ofthe transcript, line
4, the record states “affect” when it should state
“effect”.
On page 34 ofthe
transcript, lines 3&4, the record states
“environmental protection
specialist” when it should state “Environmental Protection
Specialist”.
On page 34 ofthe transcript, line
11, the record states “section” when it should state
“Section”.
On page 34 of the transcript, line
12,
the record states
“administrative code” when it
should state “Administrative Code”.
On page 35
of the transcript, line 6, the record states:
“turn,
causes sudden
growth in the
tanks...” isn’t clear.
The word “vapor” should be inserted in between sudden and growth.
Therefore, the sentence should be modified
as “turn, causes sudden vapor growth in the
tat..”
On page 36
of the transcript,’line 8, the record states “section” when it should state
“Section”.
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
IN THE MATTER OF:
)
)
PETITION OF FORD MOTOR COMPANY
)
AS
05-5
FOR AN ADJUSTED STANDARD FROM
)
Adjusted Standard -Air
35 ILL. ADM. CODE 218.586
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S MOTION TO
CORRECT THE TRANSCRIPT OF THE HEARING HELD JUNE 28,
2005
CONCERNING THE PETITION OF FORD MOTOR COMPANY FOR AN
ADJUSTED STANDARD FROM 35 ILL. ADM. CODE ~ 218.586
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by
and through its attorney Charles Matoesian, and requests the Board order the correction
ofthe transcript for the hearing held June 28, 2005,
in the Matter of:
Petition ofFord
Motor Company for an Adjusted
Standard from 35
Ill. Adm. Code
§
218.586, as follows:
On page 2 ofthe transcript, line
23 ,the record list “John Baguzis” as present for the
Illinois Environmental Protection Agency.
Mr. Baguzis actually was present for Ford
Motor Company.
On page 14 ofthe transcript, line
4, the record states
“affect” when it should state
“effect”.
On page 34 ofthe transcript, lines 3&4, the record states “environmental protection
specialist” when it should state “Environmental Protection Specialist”.
On page 34 ofthe transcript, line
11, the record states
“section” when it should state
“Section”.
On page 34 of the transcript, line
12,
the record states “administrative code” when it
should state “Administrative Code”.
On page 35 ofthe transcript, line
6,
the record states:
“turn, causes sudden growth in the
tanks...”
isn’t clear.
The word “vapor” should be inserted in between sudden and growth.
Therefore, the sentence should be modified as “turn, causes sudden vapor
growth in
the
tanks...”
On page 36 ofthe transcript,
line
8, the record states “section” when it should state
“Section”.
WIEREFORE,
for the reasons set forth
above, the Illinois EPA respectfully requests that
the Board order the correction ofthe hearing transcript
as set forth above.
Respectfiflly submitted,
ILLINOIS ENVIRONMENTAL
PROTECTIONAGENCY
Charles E. Matoesian
DATE:
August
5,
2005
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
RECEIVED
CLERKS OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOAR4~uG
092005
STATE OF ILLINOIS
Pollution Control Board
)
)
)
AS
05-5
)
Adjusted Standard
-
Air
)
)
POST-HEARING BRIEF OF THE ILLINOIS
EPA
The Illinois
Environmental
Protection
Agency (“Illinois
EPA”) hereby submits
its
Post-
Hearing Brief in
the
above
captioned matter.
The
Illinois
EPA recommends
that
the
Illinois
Pollution Control Board (“Board”) GRANT thepetition ofFord Motor Company (“FOR1Y~subject
to the terms and conditions contained in this recommendation.
In support ofthisrecomniendation,
the Illinois EPA states as follows:
1.
A hearing was held before
the Board
on
this
matter
on
provided by both Illinois EPA staff and representatives forFord,
2.
On July 25, 2005, Ford filed a Post-Hearing Briefwith the Board.
3.
The Illinois EPA does not take issue with the answersprovided by the Petitioner in its Post-
Hearing Brief.
4~
The Illinois EPA notes one minor point.
At the hearing on June 28, 2005,
in
his answer
to a question from Ms. Bassi, Mr.
Baguzis replies, “gasoline gets pulled through the carbon
canister”
(Transcript, page
18, lines 10 and
11).
Technically, no gasoline goes through the
canister but gasoline vapors do.
Therefore, the Illinois
EPA understands Mr. Baguzis to mean
June 28,
2005.
Testimony
was
IN THE MATTER OF:
PETITION OF FORD
MOTOR COMPANY
FOR AN ADJUSTED STANDARD FROM
35 ILL. ADM. CODE
218.586
1
that “gasoline
vapors” getpulled through the carbon canister.
5.
Based on the informationand assertions in Ford’s Petition and Appendices and independent
investigation
by
the
Illinois
EPA
technical
staff,
the
Illinois
EPA
continues
to
believe
that
compliance by Ford with the present applicable requirements of 35
Ill.
Adm. Code
§218.586 for
Chicago Assembly’s operations is not economically reasonable.
6.
Ford has requested
an
adjusted standard
from
the Board’s air pollution
contrilLrekuirenlents
found
at
35
Ill.
Adm.
Code
§218.586
insofar
as
that
regulation applies
to
the
initial
fuel
fill
operations at Ford’s Plant.
Accordingly, the Illinois EPA continues to recommend that the Board
GRANT
Ford’s Petition. The Illinois EPA requests that the Board condition
its adjusted standard
with the following language originally stated in the Illinois EPA’s Recommendation:
1.
The Ford Motor
Company Chicago Assembly Plant shall not be subject to the
requirements of35 Ill. Adni.
Code
§
218.586,
so long as the vehicles fueled at the
Chicago Assembly Plant are equipped with onboard vapor recovery systems certified by
the USEPA to capture a minimum of
95
ofthe gasoline vapor displaced during fueling.
2.
Ford shall file an application to
revise its CAAPP permit to
reflect the presence of
ORVR in all assembled vehicles in lieu ofthe existing Stage II vapor recovery systern.
3.
Ford shall operate
in full compliance with all other applicable provisions of3iJti.
Adm.
Code Part 218, including but not limited to,
Subpart Y.
4.
The relief granted in this proceeding shall be
limited to the Stage II vapor recovery
system at the Plant as ofApril 8, 2004.
5.
Ford shall operate in full compliance with the CleanAir Act, Illinois Environmental
2
Protection Act and other applicable regulations not otherwise discussed herein.
6.
Ford shall continue to report all annual emissions to the Illinois EPA commensurate
with the requirements of 35 Ill.
Adm.
Code Part
254.
WHEREFORE, theIllinois EPA recommends that Ford’s Petition forAdjusted Standard be
GRANTED, and the Board enter an order adopting the adjusted standard with the specific language
presented in this Post-Hearing Brief and originally stated in the Illinois EPA’s Recommendation.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Charles E.
Matoesian
DATE:
August
5,
2005
1021 North Grand Avenue East
P.O. Box
19276
Springfield,
Illinois 62794-9276
(217) 782-5544
3
STATE
OF ILLINOIS
)
COUNTY OF
SANGAMON
)SS.
)
PROOF
OF SERVICE
I, the undersigned, on oath state that I have served the attached Illinois Environmental
Protection Agency’s Motion to Correct the Transcript of the Hearing held June 28, 2005
concerning the Petition of Ford Motor Company for an Adjusted Standard from 35
Ill. Adm.
Code 218.586
and Post-Hearing Briefof the Illinois EPA upon the person to whom
it is
directed,
by placing it in
an envelope addressed to:
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
SEE ATTACHED SERVICE
LIST
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
100
W.
Randolph Street, Suite
11-500
Chicago, Illinois 60601
and mailing it by First Class Mail from
Springfield, Illinois on August
5,
2005, with sufficient
postage affixed.
SUBSCRIBED AND SWORN TO BEFORE ME
this
5th
day of August, 2005
Notary Public
THIS FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
AS 05-5
Schiffllardin &
Waite
SchiffHardin
& Waite
Jane Montgofhery
Kathleen Bassi
6600 Scars Tower
~
6600 Sears Tower
233
South Wacker Drive
Southe Wacker Drive
Chicago, Illinois 60606
Chicago, Illinois 60606
SchiffHardin & Waite
Kavita M. Pate!
6600 Sears ‘Power
233
South Wacker Drive
Chicago, Illinois 60606
