Lansing, MI - The Michigan Department of Environment, Great Lakes, and Energy has finalized an enforcement action against FCA US LLC Detroit Assembly Complex Mack Plant (FCA) in Detroit, Michigan.
An enforcement action typically contains a legally binding agreement between the State of Michigan and the facility called a consent order, a monetary penalty, a compliance plan, and sometimes a Supplemental Environmental Project (SEP). The proposed consent order included all these elements as well as two SEPs, one for a new building management system at Southeastern High School and one to plant trees at Brewer Park.
Changes made based on comments
After the comment period on this action closed on November 2, 2022, EGLE’s Air Quality Division staff reviewed all public comments received. Not all comments received lead to changes, but all comments are thoroughly reviewed to see if changes did need to be made. The following changes were made to the consent order.
- The second regenerative thermal oxidizer must begin operation by June 30, 2023. There may be a time where FCA is operating this equipment before the air permit can be modified. The consent order requires the equipment to be operated according to the manufacturer's recommendations and according to the Nuisance Minimization Plan for Odors (NMPO). Upon issuance of the modified air permit, FCA must operate the equipment based on the conditions in the permit.
- The October 4, 2022, violation notice is added to the consent order, with a $10,000 increase to the monetary fine. During an odor complaint investigation on September 20, 2022, AQD staff observed strong enough odors to issue a violation notice to FCA on October 4, 2022. This violation notice has been resolved in the consent order. The statutory maximum penalty of $10,000 has been added to the monetary fine.
- Updated Nuisance Minimization Plan for Odors (NMPO). FCA’s response to the October 4, 2022 violation notice stated that the company detected diminishing performance of the equipment adding the odor neutralizer. The updated NMPO requires FCA to keep a replacement dosage regulator on site.
- Removal of the Brewer Park Supplemental Environmental Project (SEP). Based on feedback provided during the comment period, the company was concerned that the tree planting at Brewer Park was not supported by the community. The company has withdrawn this SEP. SEPs are voluntary and can offset portions of a monetary fine for community projects meeting specific criterion within EGLE’s SEP Policy. A SEP is not required by state or federal law. The portion of monetary fine previously allocated to this SEP has been incorporated into the monetary fine the company will pay to the State of Michigan general fund.
- Changed the monetary fine to be paid to the State of Michigan general fund. Due to FCA withdrawing the Brewer Park SEP and the inclusion of the October 4, 2022 violation notice, the monetary fine increased from $62,863 to $136,832.
Learn more
More details about the decision and the final Consent Order are below:
- Response to Comments
- Final Consent Order
- Proposed Enforcement Factsheet
- Enforcement Summary and Draft Consent Order
Questions?
If you have questions about the enforcement action, you may contact Erin Moran at
If you have air quality concerns or complaints, please call the Pollution Emergency Alert System at 800-292-4706 or the Detroit office directly at 313-912-6255.
More Information
You can find more information on EGLE AQD activities at Stellantis facilities around the state at Michigan.gov/EGLEStellantis.