EPA v. GENERAL MOTORS CORPORATION, INLAND DIV.

Case summary

ON MAY 1, 1985, THE U.S.EPA ISSUED A NOTICE OF VIOLATION PUR SUANT TO SECTION 113(A)(1) OF THE ACT, AS AMENDED, 42 USC SECTON 7412(A)(1). THE NOTICE ALLEGED THAT GENERAL MOTORS' MOTOR-MOUNT COATING LINES, LOCATED AT 2701 HOME AVE., DAYTON OHIO, WERE IN VIOLATION OFTHE VOLATILE ORGANIC COMPOUND(V0C) PROVISIONS OF THE OHIO STATE IMPLEMENTATION PLAN (SIP). DUR ING SUBSEQUENT CONFERENCES WITH GENERAL MOTORS, THE COMPANY ARGUED THAT IT WAS JUSTIFIED IN NOT PUTTING POLLUTION CON- TROL DEVICES ON THE COATING LINES BECAUSE IT HAD A BUBBLE VARIANCE APPLICATION PENDING WITH THE STATE AGENCY SINCE 1982, AND, IN ANY CASE, GENERAL MOTORS INTENDED TO TERMINATE PRODUCTION AT THESE COATING LINES BY THE END OF 1985. IN RESPONSE, USEPA ISSUED A NOTICE OF NONCOMPLIANCE UNDER SEC- TION 120 OF THE ACT ON JULY 3, 1985. AFTER EXTENSIVE ADMINI STRATIVE LITIGATION, USEPA AND GENERAL MOTORS AGREED TO SETTLE ALL OF GENERAL MOTORS' POTENTIAL LIABILITY STEMMING FROM ALLEGED VIOLATIONS OF THE OHIO SIP AT THE MOTOR-MOUNT COATING LINES. - USEPA IS AUTHORIZED TO BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES UNDER SECTION 113 OF THE ACT. USEPA IS ENTITLED TO INITIATE SUCH ACTION, SINCE THE VIOLA- TIONS HAVE EXTENDED BEYOND THE 30TH DAY AFTER THE DATE OF THE NOTICE OF VIOLATION. - USEPA RECOMMENDS THAT THE UNITED STATES FILE A CIVIL COM- PLAINT UNDER THE ACT AND SIMULTANEOUSLY LODGE A CONSENT ORDER CONTAINING THE TERMS OF SETTLEMENT.

Defendants (1)

• GENERAL MOTORS CORPNamed in complaintNamed in settlement

Facilities (2)

• DELPHI CHASSIS SYSTEMS VANDALIA FACILITY

  480 N. DIXIE DR., VANDALIA, OH, 45377

  Registry ID: 110000394467

• DELPHI CHASSIS SYSTEMS

  2701 HOME AVENUE, DAYTON, OH, 45417

  Registry ID: 110000394797

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• GENERAL MOTORS CORPORATIONentered 1990-02-12

  Primary law: CAA

  Federal penalty: $32,389

Timeline (6 milestones)

• 1986-09-30Referred To Dept Of Justice
• 1989-11-07Complaint Filed With Court
• 1990-02-12Concluded
• 1990-02-12Final Order Lodged
• 1990-02-12Final Order Entered
• 1991-02-12Enforcement Action Closed