EPA v. SHELBURNE SHIPYARD INC

Case summary

On February 13, 2015, Region 1 filed an administrative complaint against Shelburne Shipyard, Incorporated (SSI) for alleged violations of the Clean Air Act (CAA) National Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship Repair Facilities (Surface Coating) found at 40 C.F.R. Part 63, Subpart II, CAA Title V operating permit requirements, and Vermont state implementation plan requirements. The Complaint seeks penalties up to the statutory maximum for each of the violations. SSI operates a shipyard and marina in Shelburne, Vermont, where, among other things, spray guns are used to apply surface coatings that contain volatile organic compounds and hazardous air pollutants. On May 22, 2015, EPA-Region 1 and Shelburne Shipyard, Incorporated (?SSI?) entered into a Consent Agreement and Final Order (?CAFO?) to resolve Clean Air Act (?CAA?) violations at SSI?s facility in Shelburne, Vermont. Under the CAFO, SSI agrees to pay a penalty of $32,000 to settle state and federal clean air violations. SSI also agrees to (1) comply with EPA?s National Emission Standards for Shipbuilding and Ship Repair Facilities; (2) obtain a CAA Title V operating permit; and (3) comply with certain emissions and new source review permit provisions within Vermont?s Air Pollutant Control Regulations, which are a part of the EPA-approved state implementation plan. SSI operates a boatyard and marina, where, among other things, spray guns are used to apply surface coatings that contain volatile organic compounds and hazardous air pollutants.

Defendants (1)

• SHELBURNE SHIPYARD INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• SHM SHELBURNE LLC

  4584 HARBOR ROAD, SHELBURNE, VT, 05482

  Registry ID: 110008206084

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• SHELBURNE SHIPYARD INCentered 2015-05-22

  Primary law: CAA

  Federal penalty: $32,000

Timeline (3 milestones)

• 2015-02-13Complaint Filed/Proposed Order
• 2015-03-19Enforcement Action Data Entered
• 2015-05-22Final Order Issued