Kelley Drye Succeeds in Negotiations with EPA on Behalf of Atlantic Marine

Kelley Drye successfully negotiated and obtained on behalf of Atlantic Marine, Inc. a determination from the U.S. Environmental Protection Agency (“EPA”) that its coating operations of mega-yachts over 20 meters in length are not subject to National Emissions Standards for Hazardous Air Pollutants (“NESHAP”).  This applicability determination represents the first time EPA has ever made a determination that a NESHAP does not apply to an industry. On behalf of Atlantic Marine, Kelley Drye demonstrated to EPA that the language in the Shipbuilding and Repair NESHAP did not support the regulation of Atlantic Marine’s mega-yacht coating operations.  As a result, Atlantic Marine is now free to expand its operations to include high-gloss coatings for the large yacht market.