# Supplemental Appendix — General Motors Corp. v. United States

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385012_0670%3A03

## Record

- **Collection:** Supreme Court brief
- **Document type:** Supplemental Appendix
- **Published:** January 1, 1990
- **Citation:** 496 U.S. 530

## Text

>

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385012_0670%3A03. Public record. Not legal advice.