EPA v. American Shipyard LLC (SB)

Case summary

On February 13, 2013, EPA-Region 1 and American Shipyard Co., LLC (d/b/a “Newport Shipyard”) of Rhode Island entered into a Consent Agreement and Final Order (“CAFO”) to resolve Clean Air Act (“CAA”) violations. The violations stemmed from Newport Shipyard’s failure to obtain a CAA minor new source review permit, failure to obtain a Title V operating permit or emissions cap, and failure to comply with specific certification and recordkeeping requirements for the surface coating of miscellaneous metal parts at its boatyard facility in Newport, Rhode Island. The settlement requires Newport Shipyard to: (1) pay a civil penalty payment of $31,000; (2) obtain a Rhode Island Air Pollution Control Regulation 9 permit that incorporates conditions no less stringent than those described in the CAFO; (3) implement required recordkeeping and certification systems and comply with specified reporting requirements; (4) submit quarterly compliance reports to EPA for 12 months; (5) produce and distribute to its customers information and recommendations regarding the use of low-VOC and low-HAP coating and solvent/thinner alternatives; and (6) report to EPA on its efforts to reduce VOC and HAP emissions from the use of coatings at its Facility.

Defendants (1)

• American Shipyard LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• SHM NEWPORT SHIPYARD, LLC

  1 WASHINGTON STREET, NEWPORT, RI, 02840

  Registry ID: 110009438689

Statutes cited

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

Enforcement conclusions (1)

• American Shipyard LLC (SB)entered 2013-02-13

  Primary law: CAA

  Federal penalty: $31,000

Timeline (3 milestones)

• 2012-10-24Enforcement Action Data Entered
• 2013-02-13Final Order Issued
• 2013-02-13Complaint Filed/Proposed Order