EPA v. A.M. GENERAL

Case summary

I. SYNOPSIS OF THE CASE AM GENERAL CORPORATION OPERATES A VEHICLE MANUFACTURING FA CILITY LOCATED IN MISHAWAKA, ST. JOSEPH COUNTY, INDIANA. ITS PRINCIPAL PRODUCT IS A MILITARY VEHICLE KNOWN AS THE HUM MER. ITS OPERATIONS INCLUDE PAINTING THE VEHICLES. VOLA- TILE ORGANIC COMPOUNDS (VOC) ARE EMITTED IN THE PAINTING OPE RATIONS. THE COMPANY HAS NO CONTROL EQUIPMENT TO REDUCE ITS VOC EMISSIONS. THE PLANT IS A MAJOR STATIONARY SOURCE. ST. JOSEPH COUNTY HAS BEEN DESIGNATED A NONATTAINMENT AREA FOR OZONE; HOWEVER, ON JULY 22, 1986, USEPA PROPOSED REDESINA- TION. IN NOVEMBER, 1985, AM GENERAL APPLIED FOR A CONSTRUCTION PERMIT TO MODIFY THE PLANT SO AS TO INCREASE ITS VOC EMIS- SION BY 179.7 TONS PER YEAR. THE INDIANA STATE IMPLEMENTA- TION PLAN (SIP) REQUIRES THAT SUCH PERMIT CANNOT BE GRANTED UNLESS THE APPLICANT DEMONSTRATES, AMONG OTHER THINGS, THAT IT WILL APPLY THE LOWEST ACHIEVABLE EMISSION RATE ?LAER?. IN ITS APPLICATION AM GENERAL PROPOSED WHAT IT CLAIMED IS LAER; IT DID NOT PROPOSE TO INSTALL ANY CONTROL EQUIPMENT. USEPA INFORMED THE LOCAL PERMIT ISSUING AUTHORITY, THE ST. JOSEPH COUNTY HEALTH DEPT., THAT THE COMPANY HAD NOT DEMONST RATED COMPLIANCE WITH LAER. THE COUNTY DISAGREED AND ISSUED THE PERMIT IN VIOLATION OF SIP. THE PERMIT BECAME EFFECTIVE ON FEBRUARY 11, 1986, AFTER THE STATUTORY BAN ON NEW CONSTRUCTION WAS LIFTED BY USEPA. ON JUNE 19, 1986, USEPA ISSUED A NOTICE OF VIOLATION (NOV) TO THE COMPANY PURSUANT TO SECT 113A OF THE CLEAN AIR ACT, 42 USC S7413A. THE COMPANY HAS CONTINUED ITS MODIFICATION AND OPERATION OF INCREASED EMISSIONS MORE THAT THIRTY DAYS AFTER ISSURANCE OF THE NOV. AM GENERAL IS A SUBSIDIARY OF THE LTV CORPORATION AND HAS FILED A BANKRUPTCY PETITION IN THE SOUTHERN DISTRICT OF NEW YORK.ON 11/05/86: (HQ ATTORNEY SUBMITTED ADDITL. CASE SUMMARY FOR SUBSEQUENT REVIEW OR MERGER WITH THIS ONE. SEE HQ ATTY KATZ.---W.R.B.)

Defendants (1)

• A.M. GENERALNamed in complaintNamed in settlement

Facilities (2)

• AM GENERAL CORP MISHAWAKA

  13200 MCKINLEY HWY., MISHAWAKA, IN, 46544

  Registry ID: 110000399364

• AM GENERAL CORP MISHAWAKA

  13200 MCKINLEY HWY., MISHAWAKA, IN, 46544

  Registry ID: 110000399364

Statutes cited

• CAA PARTD — New Source Review Permit Requirements

Enforcement conclusions (1)

• AM GENERAL CORPORATIONentered 1994-10-11

  Primary law: CAA

Timeline (7 milestones)

• 1986-01-22Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1987-06-30Complaint Filed With Court
• 1994-10-11Final Order Lodged
• 1994-10-11Final Order Entered
• 1994-10-11Concluded
• 1994-10-11Enforcement Action Closed