Supplemental Appendix — General Motors Corp. v. United States

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In THE

Supreme Court of the Gnited States

OcTOBER TERM, 1989

GENERAL Motors CORPORATION,

Petitioner,

Vv.

Unirep STATES OF AMERICA,

Respondent.

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

SUPPLEMENTAL APPENDIX

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APPENDIX C

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

CIVIL ACTION

NO. 87-2068-Mc

UNITED STATES OF AMERICA,

Plaintiff,

Vv.

GENERAL MOTORS CORPORATION,

Defendant.

MEMORANDUM AND ORDER

May 16, 1988

Mc NAUGHT, D. J.

This action comes on to be heard on defendant General

us is the Environmental Protection Agency’s (“EPA”)

enforcement authority under the Clean Air Act (the “Act’’),

42 U.S.C. § 7401 et seq.

EPA, it is enforce-

The original SIP is not necessarily the final word, how-

ever. Under 42 U.S.C. § 7410(aX3\A), the state may submit

revised SIPs to the EPA for approval.

by the State after reasonable notice and hearing.”

The heart of the issue before us is whether this provision

requires the EPA to approve or disapprove proposed SIP

revisions within four months as is the case for original SIPs.

The facts before us are as follows: In February, 1979 the

EPA promulgated NAAQSs having to do with photochemical

oxidants, including ozone. One of the industries affected by

these NAAQSs was the GM Plant in Framingham, whose

(“VOCs”) which react with the atmosphere to create ozone.

emissions from automobile surface coating operations. 310

CMR 7.187). GM’s Framingham plant is the only such facility

in the Commonwealth. EPA approved this regulation in 1980.

45 Fed. Reg. 61293, 61295. This SIP required GM to meet

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compliance regulations in stages, with full compliance by

December 31, 1985, some two years earlier than the max-

imum time allowed by the NAAQS.

In October 1981, the EPA published a policy statement

which acknowledged a shift in automobile painting vechnology

gave automakers until 1986 or, in some cases, 1987 to shift

to the BC/CC process. Id. at 51367.

proposed a revised SIP which would give GM until August

31, 1987 to comply with the NAAQS.

To make an already long story shorter, GM began con

struction of a new $200 million BC/CC facility while contin-

uing its out-of-compliance (under the original SIP) lacquer

operations. For its part, EPA Region I conducted negotia-

tions with GM and DEQE on the matter, but with no sat-

isfactory resolution. According to the affidavit of John L.

Hamisch, the Chief of the State Air Branch of

EPA Region I, on May 30, 1986 Region I was prepared to

of the revised SIP to EPA

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