EPA v. SUPERIOR MARINE - APO/CAFO

Case summary

EPA issued a Notice and Finding of Violation (NOV/FOV) to Superior's Proctorville and South Point facilities (Facilities or The Facilities) on March 30, 2014. The NOV/FOV alleged that Superior's Facilities for operating two major sources without applying for Title V permits. In addition, the Facilities did not obtain permits limiting its hazardous air pollutants HAPs emissions below major source thresholds for each facility prior to the effective date of the NESHAP for Shipbuilding and Ship Repair; thus, becoming subject to the NESHAP. EPA found that the Facilities did not implement the NESHAP once they became affected sources. EPA and Superior has a 113 conference on May 5, 2014. At the time and in later telephone call, Superior discussed the necessary steps the Facilities were taking to return to compliance. The ACO requires Superior Marine Ways, Inc.?s Proctorville and South Point Facilities to apply for Title V Permits and implement the requirements of the NESHAP for Shipbuilding and Ship Repair. The CAFO will require Superior to pay a civil penalty of $41,000 and a supplemental environmental project for at least $309,000. Together, these two agreements will resolve the company?s alleged violations of the Clean Air Act.

Defendants (1)

• SUPERIOR MARINENamed in complaintNamed in settlement

Facilities (2)

• SUPERIOR MARINE WAYS

  95 PRIVATE DRIVE, PROCTORVILLE, OH, 45669

  Registry ID: 110056434292

• SUPERIOR MARINE, INC.

  5852 COUNTY ROAD 1, SOUTH POINT, OH, 45680

  Registry ID: 110054613209

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA TITLE5 — Title V Permits
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SUPERIOR MARINE - APO/CAFOentered 2015-08-18

  Primary law: CAA

  Federal penalty: $41,000 · SEP: $309,000

Timeline (4 milestones)

• 2015-08-18Final Order Issued
• 2015-08-18Complaint Filed/Proposed Order
• 2015-08-24Enforcement Action Data Entered
• 2017-04-20Air Resolved