This story was co-published with BridgeDetroit.
State regulators are seeking public comment on enforcement action against Stellantis for emitting more pollution than allowed under an air permit for its assembly plant on Detroit’s east side.
An online meeting was held Jan. 9 to solicit feedback on the proposed enforcement plan over violations at Jefferson North Assembly Plant, which would require Stellantis to pay a fine of $84,420 to the state’s general fund and comply with the emissions limit by March 1.
Stellantis emitted more volatile organic compounds than the 4.8 pounds per vehicle permitted at the plant, resulting in a November 2022 violation notice from the Michigan Department of Environment, Great Lakes, and Energy. The company did not exceed its overall emissions limits of 1,085 tons per year under the permit during that time, but did exceed the “per-job” limit which is in place to ensure efficiency during low production times, state inspector Bob Byrnes said during the hearing.
Volatile organic compounds are air pollutants associated with paints and solvents that have been linked to various health issues and contribute to the formation of harmful ozone. Exposure to VOC vapors can cause eye, nose, and throat irritation, headaches, and other side effects.
The November violation was the seventh of eight air quality violations for Stellantis’ Detroit plants since 2021. Erin Moran, enforcement officer for EGLE’s Air Quality Division, said during the online meeting that the department’s enforcement power is limited mainly to issuing fines.
“We don’t have the authority to shut down a company. There’s very limited circumstances in which we will be able to consider a situation like that,” Moran said. She said the state is legally required to offer a consent order to the company before escalating a complaint to the attorney general’s office.
Jeremy Orr, environmental law professor at Michigan State University, challenged that.
“To say that the state, that EGLE, has no authority to shut them (Stellantis) down is incorrect,” Orr said. “EGLE could easily initiate a complaint with the attorney general… to revoke the license or revoke the permit or shut the business down given ongoing violations, even in the midst of a consent decree.”
The fine was calculated using the Environmental Protection Agency’s penalty policy, which considers the length and type of the violation, and the size of the company. The fine also took into consideration that the region was designated as a nonattainment area for ozone under the Clean Air Act when the violation occurred. The Detroit region was removed from nonattainment status for ozone in May.
If Stellantis continues to violate the terms of its air permit more fines could be assessed and/or Stellantis will have to create an emissions mitigation plan.
Kenneth Holloway, one of about 40 people who attended Tuesday’s meeting, argued that the fine should go back to the community harmed by the pollution. Under state law, administrative consent order fines go into the state’s general fund.
“They never gave us any of the money,” said Holloway, who lives on Beniteau Street, directly behind the plant. “We’ve never been compensated. We got all this in our system, we have runny eyes, we have dry throats.”
State Sen. Stephanie Chang, D-Detroit, has sponsored a bill that seeks to direct fines collected from companies for air quality violations to impacted communities. The bill passed the Senate earlier this year and is now being discussed in the House.
Currently, the only way money can go back into the community is through a supplemental environmental project, which is voluntary.
“I would really urge both Stellantis and EGLE to consider some type of supplemental environmental project that dedicates funding for air purification systems for homes, or other types of quality of life home improvements,” Chang said during Tuesday’s online hearing.
Stellantis did not choose to complete a supplemental environmental project as part of this enforcement action, Moran said.
Stellantis officials were in attendance at the meeting and declined to comment on a possible environmental project.
“Stellantis is pleased to have finalized a settlement with the Michigan Department of Environment, Great Lakes, and Energy (EGLE) Air Quality Division to resolve alleged air permit violations at the Detroit Assembly Complex – Jefferson plant,” Stellantis spokesperson Jodi Tinson said in a statement. “While the facility was and continues to be well below its permitted allowable total emissions, we’re pleased to report that we have restored compliance with the per vehicle emission limit.”
Other community members raised concerns Tuesday about the state not holding Stellantis accountable enough.
Eden Bloom said the state and city should consider taking back some of the money they gave Stellantis in tax incentives to open the new Detroit plant, approximately $400 million.
“When are we going to consider doing clawbacks to Stellantis over these tax abatements or these incentives after this money and public funds that we have given when they continue to violate our air quality and threaten our public health,” Bloom said. “Let’s take the money back. When can we take the money back?”
In December 2022, EGLE signed a consent order with Stellantis regarding violations that occurred before November. The order required Stellantis to pay $136,832 to the state’s general fund and commit money toward upgrading the building management system at Southeastern High School.
The public can view all documents related to the proposed consent order and submit comments online until Jan. 23. Comments can also be submitted by email to Erin Moran at MoranE@Michigan.gov or by mail to EGLE, Air Quality Division, Enforcement Unit, P.O. Box 30260, Lansing, Michigan 48909-7760.
Air quality complaints can be submitted to EGLE by calling 313-456-4681.