EPA v. General Motors Corporation

Case summary

LATE Reporter Initiative -This is a consolidated action pursuant to our Consolidated Rules of Practice (40 C.F.R. �22.18(b)(2) and (3)), which provide that a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a late Form R report to the EPA for polychlorinated alkanes for reporting year 1998 on May 19, 2000. The report was 322 days late. On February 13, 2003, a letter addressing the above late reporting violation was sent to the company in an effort to gain more insight into the circumstances concerning the above violation. Based on this information, it was determined that General Motors Corporation, Tonawanda Plant had �otherwise used� (as defined in 40 C.F.R. � 372.3) 20,399 lbs. of polychlorinated alkanes during 1998. The Respondent was required to submit the Form R report by July 1, 1999 for calendar year 1998 to the Administrator of EPA and to the State of New York. This failure to submit a Form R report, in a timely manner, constitutes a violation of Section 313 of EPCRA, 42 U.S.C. � 11023, and 40 C.F.R � 372.30. The amount of the penalty was initially calculated using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. If we issued an Administrative Complaint the proposed penalty would be $17,275. EPA and General Motors Corporation agree that settling this matter by entering into this Consent Agreement and Final Order. A 50% reduction was allowed for the voluntary self-disclosure. Due to Respondent's willingness to settle this matter in an expeditious manner without the issuance of a formal administrative complaint, an additional 10% reduction was allowed under the as justice may require portion of the ERP, in consideration of the savings to the Agency in time and the costs of litigation. A final 15% reduction was allowed under the �as justice may require� portion of the ERP in consideration of Region 2's late reporter initiative to expeditiously address the nearly 800 late Form R reports filed in reporting years 1997, 1998, 1999 and 2000 by facilities in Region 2. This 75% reduction would bring the new proposed penalty to $4,319. General Motors Corporation agreed to pay $4,319. This penalty was reduced in accordance with the Enforcement Response Policy for Section 313 of EPCRA. In order to reach an equitable settlement, we propose to accept a reduced penalty of $4,319 and have prepared the Consent Agreement and Final Order accordingly.

Defendants (1)

• General Motors CorporationNamed in complaintNamed in settlement

Facilities (2)

• GENERAL MOTORS POWERTRAIN DIV TONAWANDA PLANT

  2995 RIVER ROAD, BUFFALO, NY, 142400021

  Registry ID: 110000327307

• GENERAL MOTORS POWERTRAIN DIV TONAWANDA PLANT

  2995 RIVER ROAD, BUFFALO, NY, 142400021

  Registry ID: 110000327307

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• General Motors Corporationentered 2003-07-15

  Primary law: EPCRA

  Federal penalty: $4,319

Timeline (4 milestones)

• 2003-07-15Final Order Issued
• 2003-07-15Enforcement Action Closed
• 2003-07-15Complaint Filed/Proposed Order
• 2003-07-23Enforcement Action Data Entered