EPA v. FORD-ROUGE STEEL

Case summary

NATURE OF CASE ON MAY 10, 1982, IN THE EASTERN DISTRICT OF MICHIGAN THE COURT APPROVED AN AGREED ORDER SUBMITTED IN CONFORMANCE WITH THE REQUIREMENTS OF THE STEEL INDUSTRY COMPLIANCE EXTENSION ACT OF 1981. THAT ORDER PROVIDED FOR A COMPRE- HENSIVE PROGRAM TO BRING FORD MOTOR COMPANY'S IRON AND STEELMAKING OPERATIONS IN DEARBORN, MICHIGAN INTO COMPLIANCE WITH THE REQUIREMENTS OF THE MICHIGAN IMPLEMENTATION PLAN AND THE EXTENSION ACT. AMONG THE REQUIREMENTS OF THE ORDER WERE SPECIFIC EMISSION LIMITATIONS FOR EACH OF THE EMISSION POINTS AT FORD MOTOR COMPANY'S FOUR COKE OVEN BATTERIES. SINCE ENTRY OF THAT ORDER, FORD HAS FAILED TO CONTINUOUSLY COMPLYWITH THE EMISSIONS LIMITATIONS APPLICABLE TO COKE OVEN BATTERY DOORS AND TO PUSHING OPERATIONS. THESE VIOLATIONS HAVE BEEN OBSERVED AND DOCUMENTED BY EPA OBSERVERS, WAYNE COUNTY MICHIGAN OBSERVERS AND FORD'S OWN EMPLOYEES. THE EXCESSIVE EMISSIONS RESULT FROM INADEQUATE OPERATING AND MAINTENANCE PRACTICES AND FORD'S FAILURE TO EXPEND FUNDS ON A COKE OVEN BATTERY WITH LIMITED REMAINING USEFUL LIFE. CAUSE OF ACTION FORD MOTOR COMPANY'S EMISSIONS ARE IN VIOLATION OF THE FEDERAL COURT ORDER AND THE MICHIGAN STATE IMPLEMENTATION PLAN. ACTION AGAINST FORD IS PREMISED ON RULE 65 OF THE FEDERAL RULES OF CIVIL PROCEDURE, SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413, AND SPECIFIC PROVISIONS OF THE JUDGMENT ORDER REQUIRING COMPLIANCE WITH REASONABLY AVAILABLE CONTROL TECHNOLOGY AT FACILITIES WHICH RECEIVED THE BENEFITS OF THE STEEL INDUSTRY COMPLIANCE EXTENSION ACT OF 1981. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE MICHIGAN SIP AND THE TERMS OF THE FEDERAL COURT ORDER, FORD MUST IMPROVE ITS OPERATING AND MAINTENANCE PRACTICES AND EXPEND FUNDS TO REHABILITATE THE COKE OVEN BATTERY WHICH GENERATES EMISSIONS DURING THE PUSHING OPERATIONS WHICH OVERWHELM THE CAPABIL- ITIES OF THE EXISTING POLLUTION CONTROL EQUIPMENT. IN ADDITION, REGION V RECOMMENDS A SIGNIFICANT CASH PENALTY BECAUSE OF THE HAZARDOUS NATURE OF THE COKE OVEN BATTERY EMISSIONS AND FORD'S FAILURE TO MEET THE TERMS OF THE SPECIAL EXEMPTIONS CREATED BY CONGRESS BY THE EXTENSION ACT. REGION V PROPOSES TO SETTLE THIS ACTION FOR NOT LESS THAN SIX FIGURES. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE NONE.

Defendants (2)

• FORD MOTOR CONamed in complaintNamed in settlement
• ROUGE STEELNamed in complaintNamed in settlement

Facilities (10)

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

• FORD MOTOR COMPANY

  3001 MILLER ROAD, DEARBORN, MI, 48121

  Registry ID: 110050297717

Statutes cited

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

Enforcement conclusions (1)

• FORD-ROUGE STEELentered 1986-01-07

  Primary law: CAA

  Federal penalty: $198,000

Timeline (7 milestones)

• 1984-09-28Referred To Headquarters
• 1984-10-23Referred To Dept Of Justice
• 1985-11-27Complaint Filed With Court
• 1986-01-07Final Order Lodged
• 1986-01-07Final Order Entered
• 1986-01-07Concluded
• 1986-01-07Enforcement Action Closed