BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
AS
05-05
PETITION OF FORD MOTOR COMPANY FOR
ADJUSTED STANDARD FROM
35 Ill.Adm.Code § 218.586
)
)
)
(Adjusted Standard – Air)
NOTICE OF FILING
TO:
Charles Matoesian
Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Charles.Matoesian@epa.state.il.us
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph
Suite 11-500
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
PLEASE TAKE NOTICE that I filed on August 15, 2005, with the Office of the Clerk of
the Pollution Control Board the
PETITIONER’S REPLY TO POST-HEARING BRIEF OF
ILLINOIS EPA
, by electronic filing pursuant to the Board’s rules and regulations, a copy of
which is served upon you.
Respectfully
submitted,
__/s/
Kathleen C. Bassi
_
Kathleen C. Bassi
Attorney for Ford Motor Company
Dated: August 15, 2005
Kathleen C. Bassi
Kavita M. Patel
Jane E. Montgomery
Schiff Hardin LLP
6600 Sears Tower
Chicago, Illinois 60606
312-258-5567 (telephone)
312-258-5600 (facsimile)
kbassi@schiffhardin.com
Electronic Filing, Received, Clerk's Office, August 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
AS
05-05
PETITION OF FORD MOTOR COMPANY FOR
ADJUSTED STANDARD FROM
35 Ill.Adm.Code § 218.586
)
)
)
(Adjusted Standard – Air)
PETITIONER’S REPLY TO POST-HEARING BRIEF OF THE ILLINOIS EPA
NOW COMES Petitioner, FORD MOTOR COMPANY, by and through its attorneys,
SCHIFF HARDIN, LLP, and submits this Reply to Post-Hearing Brief of the Illinois
Environmental Protection Agency (“Illinois EPA”).
In its Post-Hearing Brief, Illinois EPA recommends that the Illinois Pollution Control
Board (“Board”) grant the petition of Ford Motor Company (“Ford”) subject to certain terms and
conditions outlined in its recommendation. Ford acknowledges and agrees to comply with the
conditions stated in Illinois EPA’s Post-Hearing Brief, as follows:
1.
The Ford Motor Company Chicago Assembly Plant shall not be subject to the
requirements of 35 Ill. Adm. 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% of the gasoline vapor displaced during fueling.
Ford agrees that the only vehicles that will be fueled at the Chicago Assembly
Plant are those that are equipped with onboard refueling vapor recovery systems certified
to capture a minimum of 95% of the gasoline vapors 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 of the existing Stage II vapor recovery system.
Electronic Filing, Received, Clerk's Office, August 15, 2005
Ford will file an application to revise its CAAPP permit upon issuance of the
Board’s order granting the Adjusted Standard.
3.
Ford shall operate in full compliance with all other applicable provisions of 35
Ill. Adm. Code Part 218, including but not limited to, Subpart Y.
Ford agrees that all other applicable provisions of 35 Ill.Adm.Code Part 218,
including Subpart Y, will remain applicable requirements after granting of the Adjusted
Standard and that it will continue to comply with them.
4.
The relief granted in this proceeding shall be limited to the Stage II vapor
recovery system at the Plant as of April 8, 2004.
Ford agrees that the Board’s order granting the Adjusted Standard requested in
PCB R05-05 shall apply to the Stage II vapor recovery system at only the Chicago
Assembly Plant as of April 8, 2004.
5.
Ford shall operate in full compliance with the Clean Air Act, Illinois
Environmental Protection Act and other applicable regulations not otherwise discussed herein.
Ford agrees that it will continue to comply with the Clean Air Act, Illinois
Environmental Protection Act and all other applicable regulations.
6.
Ford shall continue to report all annual emissions to the Illinois EPA
commensurate with the requirements of 35 Ill. Adm. Code Part 254.
Ford agrees that it will continue to follow the requirements of 35 Ill.Adm.Code
Part 254 and report all annual emissions to the Illinois EPA.
2
Electronic Filing, Received, Clerk's Office, August 15, 2005
WHEREFORE, for the reasons developed in this matter and consistent with the
agreements set forth above, Ford requests that the Board grant its Petition for Adjusted Standard
from the requirements for Stage II vapor recovery at its Chicago Assembly Plant.
Respectfully
submitted,
FORD MOTOR COMPANY, PETITIONER
by
/s/
Kathleen C.. Bassi
Kathleen
C.
Bassi
Dated:
August 15, 2005
Jane E. Montgomery
Kathleen C. Bassi
Kavita M. Patel
Schiff Hardin LLP, Attorneys for Petitioner
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5567
kbassi@schiffhardin.com
3
Electronic Filing, Received, Clerk's Office, August 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
AS
05-05
PETITION OF FORD MOTOR COMPANY FOR
ADJUSTED STANDARD FROM
35 Ill.Adm.Code § 218.586
)
)
)
(Adjusted Standard – Air)
CERTIFICATE OF SERVICE
I, Kathleen C. Bassi, an attorney, hereby certify that on August 15, 2005, I served
a true and accurate copy of
PETITIONER’S REPLY TO POST-HEARING BRIEF OF
ILLINOIS EPA
via email and first class mail on the following individuals:
Charles Matoesian
Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Charles.Matoesian@epa.state.il.us
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph
Suite 11-500
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
and via electronic filing with the Illinois Pollution Control Board.
__/s/
Kathleen C. Bassi
_
Kathleen C. Bassi
CH2\ 1268203.4
4
Electronic Filing, Received, Clerk's Office, August 15, 2005