Notice2021-21364
Notice of Lodging of Proposed Consent Judgment Under the Clean Air Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 1, 2021
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 86 Issue 188 (Friday, October 1, 2021)</title>
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[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Pages 54483-54484]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21364]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Judgment Under the Clean
Air Act
On September 27, 2021, the Department of Justice lodged a proposed
consent judgment with the United States District Court for the Eastern
District of New York in the lawsuit entitled United States of America
v. The City of New York et al., Case No. 21-CV-5338.
The United States filed this lawsuit to seek civil penalties and
injunctive relief for violations of the Clean Air Act, 42 U.S.C. 7401
et seq. (``CAA''). The alleged violations concern the New York City
Department of Education's (``NYCDOE'') failure to comply with the Area
Source Boiler Rule 40 CFR 63 (the ``Rule'') at approximately 1329
boilers located at 566 public school buildings across New York City.
The Complaint alleges that NYCDOE failed to conduct timely tune ups and
energy assessments under the Rule, and failed to provide required
notifications to the Environmental Protection Agency (``EPA'').
The Consent Judgment requires NYCDOE to implement injunctive relief
that includes: Conducting and documenting periodic tune-ups that will
identify boilers in need of repair; implementing additional levels of
quality review for completed tune-up reports; and providing periodic
reports to the United States concerning boilers that are achieving less
than 83% combustion efficiency. Further, to mitigate excess emissions
caused by NYCDOE's non-compliance, the proposed Consent Judgement
requires NYCDOE to convert to natural gas or replace seven large
boilers that use number 4 oil prior to March 2023. The Consent Judgment
also requires defendants to pay a civil penalty of $1,000,000.
The publication of this notice opens a period for public comment on
the proposed Consent Judgment. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to The City of New York, New York City Department of
Education, Civil Action No. 21-CV-5338, D.J. Ref. No. 90-5-2-1-11718.
All comments must be submitted no later than thirty (30) days after the
publication date of this notice. Comments may be submitted either by
email or by mail:
[[Page 54484]]
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To submit comments: Send them to:
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By email............................ <a href="/cdn-cgi/l/email-protection#c6b6b3a4a5a9ababa3a8b2eba3a3b5e8a3a8b4a286b3b5a2a9ace8a1a9b0"><span class="__cf_email__" data-cfemail="acdcd9cecfc3c1c1c9c2d881c9c9df82c9c2dec8ecd9dfc8c3c682cbc3da">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the Consent Judgment may be
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of
the Consent Judgment upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $13.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-21364 Filed 9-30-21; 8:45 am]
BILLING CODE 4410-15-P
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