EPA v. GENERAL MOTORS CORPORATION

Case summary

DATA SHEET: * THE STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION ARE: THE CLEAN AIR ACT, SECTION 113; 42 USC 7413, AND TEXAS AIR CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC COMPOUNDS REGULATION V, 115.191(8)(A). * NAME AND LOCATION OF INTENDED DEFENDANT: GENERAL MOTORS CORP. 2525 EAST ABRAM STREET ARLINGTON, TX 76101 (817) 649-6551 * THE VIOLATIONS UPON WHICH THE ACTION IS BASED: THREE SURFACE PRIMER COATINGS VIOLATE THE VOC LIMITS OF TACB REGULATION V, 115.191(8)(A). * THE PROPOSED RELIEF TO BE SOUGHT: INJUNCTIVE RELIEF ORDERING GM TO USE COMPLYING COATINGS OR ADD-ON CONTROL EQUIPMENT TO LIMIT EMISSIONS AND PENALTIES OF AT LEAST $1,414,000. * RECENT CONTACTS WITH INTENDED DEFENDANTS: JULY 29, 1986 - EPA REPS INSPECTED THE PLANT AND, AMONG OTHER THINGS, NOTED THAT NO NEW ADD-ON CONTROL DEVICES HAD BEEN INSTALLED. * AUGUST 5, 1986 - EPA, TACB, AND GM MET TO DISCUSS POSSIBLE RESOLUTION OF GM'S VIOLATION BY SIP REVISION. * SIGNIFICANT NATIONAL PRECEDENTIAL OR FACTUAL ISSUES: A SIGNIFICANT ISSUE IN THIS CASE WILL BE WHETHER A STATE- APPROVED EQUIVALENCY OR ALTERNATIVE MEANS AGREEMENT MUST BE APPROVED BY EPA AS A SIP REVISION. * DEC. 29, 1986: SHEFFIELD STEEL'S ATTORNEYS CONTACTED EPA FOR A CONFERENCE ON THE NOV. JAN. 3, 1987: CONFERENCE RESCHEDULED TO FEB. 11, 1987, AT THE REQUEST OF SHEFFIELD STEEL. JAN. 16, 1987: AN INFORMAL CONFERENCE HELD ON SHEFFIELD STEEL NOV. STATE AND SHEFFIELD REPS WERE PRESENT. STATE REPRESENTED THAT IT FELT COMPANY WAS IN COMPLIANCE. JAN. 27, 1987: EPA MAILED LETTER TO OK AIR QUALITY SERVICE ADVISING STATE OF ITS DETERMINATION THAT SHEFFIELD STEEL WAS NOT IN COMPLIANCE WITH THE OK SIP; REGULATION 3.1. EXHIBIT 19. FEB. 4, 1987: STATE MAILS LETTER TO EPA, REASSERTING ITS DETERMINATION THAT SHEFFIELD STEEL WAS COM- PLIANT WITH REGULATION 3.1. EXHIBIT 22. FEB. 9, 1987: EPA AND SHEFFIELD STEEL REPRESENTATIVES DISCUSS CONFERENCE DATE. FEB. 23, 1987: SHEFFIELD STEEL WAS INSPECTED BY EPA TO DETERMINE WHETER VIOLATION WAS CONTINUING BEYOND 30 DAYS AFTER THE NOV. EXHIBIT 12. FEB. 25, 1987: CONFERENCE HELD WITH STATE; COUNTY; SHEF- FIELD STEEL AND EPA TO DISCUSS NOV AND COMPLIANCE SCHEDULES. APR.13-16,1987: EPA INSPECTS SHEFFIELD STEEL FOR EMISSION VIOLATIONS. EXHIBITS 11;12. MAY 19, 1987: MEETING IN WASHINGTON, D.C. WITH STATE; COUNTY; SHEFFIELD STEEL; EPA; REP INHOFE OF OK AND SENATOR DON NICKLES. * SIGNIFICANT NATIONAL, PRECEDENTIAL

Defendants (1)

• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• GENERAL MOTORS CORPORATION

  2525 EAST ABRAM STREET, ARLINGTON, TX, 76003

  Registry ID: 110001868658

Statutes cited

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

Enforcement conclusions (1)

• GENERAL MOTORS CORPORATIONentered 1989-10-23

  Primary law: CAA

  Federal penalty: $85,000

Timeline (6 milestones)

• 1986-09-30Referred To Dept Of Justice
• 1987-08-27Complaint Filed With Court
• 1989-10-23Final Order Lodged
• 1989-10-23Final Order Entered
• 1989-10-23Concluded
• 1992-03-01Enforcement Action Closed