EPA v. Mercury Marine Plants 3, 4, 10, 12, 15, 17, 98

Case summary

A Consent Agreement and Final Order (CAFO) was issued to Brunswick Corporation, Mercury Marine Division (Mercury Marine) for violations of the Secondary Aluminum National Emissions Standards for Hazardous Air Pollutants at 40 C.F.R. Part 63, Subpart RRR. U.S. EPA issued a Finding of Violation to Mercury Marine on September 29, 2004, citing specified violations of the secondary aluminum production NESHAP. Effective May 23, 2005, U.S. EPA and Mercury Marine entered into an Administrative Consent Order, requiring Mercury Marineýýýs compliance with the secondary aluminum production NESHAP. By March 24, 2003, Mercury Marine was required to perform initial performance tests on its affected emission sources/ Mercury Marine did not conduct such tests in a timely fashion. By March 24, 2003, Mercury Marine was required to prepare and implement an Operation, Maintenance, and Monitoring (OM&M) Plan and an approved written Startup, Shutdown, and Malfunction (SSM) Plan. Mercury Marine did not prepare or implement an OM&M or an SSM plan in a timely fashion in violation of 40 C.F.R. ýý 63.1510(b). By October 24, 2003, Mercury Marine was required to submit its first Excess Emission/Summary Report. Mercury Marine failed to submit its report in a timely fashion in violation of 40 C.F.R. ýý 63.1516(b). Mercury Marine failed to maintain files of all information (including reports and notifications) required by the general provisions, 40 C.F.R. Part 63, Subpart A and Subpart RRR in a timely fashion in violation of 40 C.F.R. ýý 63.1517(a). Mercury Marine failed to operate all existing affected sources according to the operating requirements in Subpart RRR in violation of 40 C.F.R. ýý 63.1506(a)(1). Mercury Marine failed to install, calibrate, operate and maintain a device to measure and record the total weight of feed/charge to, or the aluminum production from, the affected source or emission unit, or to use an approved procedure to determine the total weight of feed/charge to or aluminum production from, the affected source or emission unit in violation of 40 C.F.R. ýý 63.1510(e).

Defendants (1)

• Mercury Marine Plants 3,4,10,12,15,17,98Named in complaintNamed in settlement

Facilities (1)

• MERCURY MARINE - PLANTS 3,4,10,12,15,17,

  W6250 W PIONEER RD, FOND DU LAC, WI, 549355636

  Registry ID: 110000423364

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• Mercury Marine Plants 3, 4, 10, 12, 15, 17, 98entered 2005-09-29

  Primary law: CAA

  Federal penalty: $40,000 · SEP: $125,000

Timeline (3 milestones)

• 2005-09-29Complaint Filed/Proposed Order
• 2005-09-29Final Order Issued
• 2005-09-29Enforcement Action Data Entered