EPA v. FORD MOTOR CO-MT. CLEMONS VINYL PLT

Case summary

FORD MOTOR COMPANY, AT ITS MT. CLEMENS VINYL PLANT, IS A M AJOR SOURCE OF VOLATILE ORGANIC COMPMUNDS, IN VIOLATION OF APPLICABLE MICHIGAN REGULATIONS APPROVED AND ENFORCEABLE UNDER THE CLEAN AIR ACT. BACKGROUND AND NATURE OF THE CASE ON APRIL 19, 1984, REGION V ISSUED A NOTICE OF VIOLATIO N TO FORD MOTOR COMPANY FOR VIOLATION OF MICHIGAN AIR POL- LUTION CONTROL COMMISSION RULE R336.1610 AT ITS MOUNT CLEMENS VINYL PLANT. RULE R336.1610 IS PART OF THE FEDERAL- LY ENFORCEABLE MICHIGAN SIP AND LIMITS THE EMISSION OF VOC F ROM VINYL COATING LINES. BASED UPON THEIR OWN PRODUCTION DATA, FORD OPERATES EIGHT VINYL COATING LINES IN VIOLATION OF THE RULE R336.1610 LIMITS. MOUNT CLEMENS IS LOCATED IN MACOMB COUNTY, PART OF THE THREE-COUNTY DETROIT URBAN AREA, WHICH HAS BEEN CLASSIFIED AS PRIMARY NON-ATTAINMENT FOR OZONE. CAUSE OF ACTION FORD'S EMISSIONS ARE IN VIOLATION OF THE MICHIGAN SIP AND, BECAUSE FORD IS A MAJOR SOURCE (881 TPY), U.S. EPA IS REQUIRED TO BRING SUIT TO ABATE THE VIOLATIONS AND RECOVER CIVIL PENALTIES UNDER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE MICHIGAN SIP, FORD MUST INSTALL CONTROLS, SUCH AS AN INCINERATOR, OR RE- FORMULATE ITS COATINGS. REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $40,000. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE FORD HAS A VARIANCE FROM THE REQUIREMENTS OF RULE R336.1610 ISSUED BY THE MICHIGAN AIR POLLUTION CONTROL COM- MISSION AND IS CURRENTLY NEGOTIATION A NEW VARIANCE. THE INITIAL CONSENT ORDER WAS NEVER SUBMITTED TO U.S. EPA. FORD IS ALSO CHALLENGING U.S. EPA'S LONGSTANDING POLICY OF CALCU- LATING ALLOWABLE EMISSIONS, IN CASES WHERE ALTERNATIVE CON- TROLLS ARE USED, BY FIRST DETERMINING THE MASS OF VOC PER VOLUME OF SOLIDS CONSUMED. AS THE MASS (AMOUNT OF SOLIDS CONSUMED) REMAINS CONSTANT, THIS DATA REDUCTION ALLOWS COMPARISON OF THE EQUIVALENCE OF EMISSION REDUCTIONS IN THE VARIOUS PROPOSALS.

Defendants (1)

• FORD MOTOR COMPANYNamed in complaintNamed in settlement

Facilities (1)

• FORD MOTOR COMPANY MOUNT CLEMENS PLASTICS

  151 LAFAYETTE AVENUE, MOUNT CLEMENS, MI, 480431557

  Registry ID: 110000835552

Statutes cited

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

Enforcement conclusions (1)

• FORD MOTOR COMPANY-MT. CLEMENSentered 1988-04-28

  Primary law: CAA

  Federal penalty: $1,750,000

Timeline (8 milestones)

• 1984-04-10Enforcement Action Data Entered
• 1984-07-19Referred To Dept Of Justice
• 1984-09-24Referred TO U.S. Attorney
• 1984-09-26Complaint Filed With Court
• 1988-04-28Final Order Lodged
• 1988-04-28Final Order Entered
• 1988-04-28Concluded
• 1989-09-30Enforcement Action Closed