# AKER PHILADELPHIA SHIPYARD,INC
> **Administrative - Formal** · FY2010 · — · Final Order No Penalty
## Case
- **Activity ID:** `2200002609`
- **Case Number:** 03-2010-6053
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- AKER PHILADELPHIA SHIPYARD, INC (settlement)
## Summary

On August 10, 2010, EPA issued a combined Notice of Determination (“NOD”) and Notice of Noncompliance (“NON”) to resolve violations of the CAA which were self-disclosed by Aker Philadelphia Shipyard, Inc. (“APSI”) concerning its shipyard located in Philadelphia, Pennsylvania (“Facility”).  APSI disclosed that it violated the Terms and Conditions of its CAA Title V Operating Permit (“Permit”) for the Facility by using a coating that had volatile organic compound and volatile organic hazardous air pollutant content in excess of the Permit requirements.

According to Section II.D.2 of the Self-Disclosure Policy, violations must have been discovered voluntarily and not through a legally mandated monitoring, sampling or auditing requirement.  The regulations implementing the CAA Title V permit program, 40 C.F.R. Section 70.5, establish a legal duty for permit holders to analyze comprehensively the source’s compliance status and certify annually as to CAA compliance.  Because APSI is a Title V source subject to the annual compliance certification obligations, APSI did not satisfy the condition set forth in Section II.D.2 of the Self-Disclosure Policy.  However, EPA determined that an NON rather than a penalty action was the appropriate enforcement response given the circumstances of the violation.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*