EPA v. GENERAL MOTORS CORP., FRAMINGHAM

Case summary

ON AUGUST 14, 1986, EPA REG I ISSUED A NOTICE OF VIOLATION TO GENERAL MOTORS CORP FOR VIOLATIONS OF THE MASS STATE IM- PLEMENTATION PLAN, AS APPROVED BY EPA. THESE VIOLATIONS OC- CURRED AT GM'S CHEVROLET-PONTIAC-CANADA GROUP ASSEMBLY PLANT IN FRAMINGHAM, MA. THE NOV FINDS THAT GM USES AUTOMOBILE COATINGS ON ITS TOPCOATING AND FINAL REPAIR LINES WHICH CON- TAIN MORE VOLATILE ORGANIC COMPOUNDS THAN ALLOWED UNDER THE REGULATIONS IN MASS SIP AT 310 CMR 7.18(7). BY DEC 31, 1985 AUTOMOBILE ASSEMBLY PLANTS IN MASS SHALL EMIT NO MORE THAN 2.8 LBS VOC PER GAL OF COATING (EXCLUDING WATER) AT APPLICA- TION FOR TOPCOATINGS AND 4.8 LBS FOR FINAL REPAIR COATINGS. THE PLANT'S COATINGS EMIT, ON AVERAGE, 5.02 LBS VOC PER GAL OF TOPCOATING AND 6.18 LBS PER GAL OF FINAL REPAIR COATING. THESE VIOLATIONS ARE CONTINUING, AND GM PROPOSES TO RUN ITS TOPCOATING AND FINAL REPAIR LINES AT THE PLANT IN VIOLATION UNTIL DEC 1987. IN DEC 1987, GM PLANS TO CLOSE THE PLANT'S TOPCOATING LINES, WHICH APPLY LACQUER PAINTS, AND TO SHIFT PRODUCTION TO NEW TOPCOATING LINES, WHICH WILL APPLY ENAMEL PAINTS IN A BASE- COAT/CLEARCOAT PROCESS ( BC/CC ). WHEN GM PROPOSED TO IN- STALL THE NEW BC/CC PAINT LINES, GM APPROACHED DEQE TO OB- TAIN A REVISION OF THE SIP EXTENDING THE COMPLIANCE DEADLINE 2 YEARS FROM DEC 31, 1985 TO DEC 31, 1987. THE GM PLANT IS THE ONLY FACILITY IN MASS TO WHICH THIS REGULATION APPLIES. ON DEC 30, 1985, DEQE SUBMITTED TO REG I AN AMENDMENT TO 310 CMR 7.18(7) AS A PROPOSED SIP REVISION EXTENDING THE COMP- LIANCE DATE TO AUGUST 31, 1987. ON DEC 2, 1986 EPA PUBLISH- ED A PROPOSAL IN THE FEDERAL REGISTER TO DISAPPROVE DEQE'S EXTENSION OF THE COMPLIANCE DEADLINE FOR THE PLANT. IN AN EFFORT TO RESOLVE THE VIOLATION ON THE OLD LACQUER LINES, GM, EPA, AND DEQE HAVE CONDUCTED EXTENSIVE NEOGOTIA- TIONS OF A DELAYED COMPLIANCE ORDER ( DCO ). TO DATE, GM HAS NOT AGREED TO A DCO WHICH EPA FINDS ACCEPTABLE, AND IT APPEARS THAT THE PARTIES WILL NOT RESOLVE THE VIOLATIONS WITH A DCO. THE PRINCIPAL ISSUE BLOCKING AGREEMENT ON A DCO IS EPA'S IN- SISTENCE THAT THE DCO NOT ONLY PROVIDE FOR THE TIMELY SHUT- DOWN OF THE OLD LACQUER PAINT LINES, BUT ALSO FOR THE START- UP OF THE NEW BC/CC LINES IN COMPLIANCE WITH THE NEW SOURCE REVIEW PERMIT DEQE ISSUED FOR THE BC/CC LINES ON DEC 27, 1985. IN THE PERMIT, DEQE DETERMINED THAT THE LOWEST A- CHIEVABLE EMISSION RATE ( LAER ) WHICH THE BC/CC LINES MUST MEET IS 5.38 LBS OF VOC PER CAR PRODUCED, THE EQUIVALENT OF 11.8 LBS VOC PER GAL OF SOLIDS APPLIED. THIS IS A STRICT LIMIT WHICH WOULD REQUIRE GM TO USE COSTLY EQUIPMENT TO CON- TROL THE VOC EMISSIONS FROM THE SPRAY BOOTHS ON THE BC/CC LINES. GM HAS BEEN NEGOTIATING FOR MORE TIME TO COMPLY WITH THIS LAER EMISSION LIMIT, AND HAS PROPOSED TO MEET IT BY DEC 1989 GM WANTS TO EXPLORE PROCESS CHANGES SUCH AS COATING REFORM- ULATIONS THAT WOULD AVOID THE COST OF CONTROL EQUIPMENT ON THE SPRAY BOOTHS. EPA BELIEVES THAT SUCH CONTROLS ARE REA- SONABLE, THE EMISSION LIMIT IN THE PERMIT IS ACHIEVABLE, AND THAT GM HAS ALREADY HAD SUBSTANTIAL TIME TO RESEARCH PROCESS CHANGES. AS A RESULT OF GM'S REFUSAL TO ACCEPT A DCO WHICH REQUIRES COMPLIANCE WITH THE LAER LIMIT IN DEQE'S PERMIT FOR THE BC/ CC LINES, NEGOTIATIONS ON A DCO ARE DEADLOCKED. REG I, THEREFORE, RECOMMENDS THAT EPA ADDRESS THE VIOLATIONS ON THE OLD LACQUER LINES WITH A CIVIL ACTION UNDER THE ACT. EPA SHOULD SEEK AN INJUNCTION REQUIRING GM TO SHUT DOWN THE LACQUER LINES BY A DATE CERTAIN AND CIVIL PENALTIES FOR THE PERIOD DURING WHICH THE LACQUER LINES HAVE VIOLATED THE SIP. ADDITIONALLY, EPA SHOULD TRY TO NEGOTIATE A LAER EMISSION LIMIT FOR THE BC/CC LINES CONSISTENT WITH RECENT EPA GUID- ANCE.

Defendants (1)

• GENERAL MOTORS CORP.Named in complaintNamed in settlement

Facilities (1)

• GENERAL MOTORS CORP

  63 WESTERN AVE, FRAMINGHAM, MA, 01701

  Registry ID: 110024931154

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• GENERAL MOTORSentered 1992-09-04

  Primary law: CAA

  Federal penalty: $1,113,000

Timeline (7 milestones)

• 1986-07-02Enforcement Action Data Entered
• 1987-03-19Referred To Dept Of Justice
• 1987-08-17Complaint Filed With Court
• 1992-09-04Final Order Lodged
• 1992-09-04Final Order Entered
• 1992-09-04Concluded
• 1992-09-18Enforcement Action Closed