EPA v. NYC HOUSING AUTHORITY

Case summary

NATURE OF THE CASE THE NY CITY HOUSING AUTHORITY OWNS AND OPERATES NINE PUBLIC HOUSING PROJECTS WHICH ARE SUBJECT TO THIS ACTION. INCINERATORS ARE USED TO DISPOSE OF GARBAGE AT THESE HOUSING COMPLEXES, RESULTING IN EMISSIONS OF PARTICULATES, NITROGEN OXIDES, AND HYDROCARBONS. CAUSE OF ACTION ON 4/23/82, EPA ISSUED A NOV TO THE AUTHORITY, CITING 184 INCINERATORS FOR VIOLATIONS OF THE VISIBLE EMISSION LIMITA- TION IN THE SIP. THE NOV ALSO CITED THE AUTHORITY FOR OPERATING THESE INCINERATORS WITHOUT A CERTIFICATE TO OPERATE. IN 11/82, AN EPA INSPECTOR DOCUMENTED CONTINUING VISIBLE EMISSION VIOLATIONS AT 13 OF THE 184 INCINERATORS. THE REGION IS RECOMMENDING FILING A CIVIL ACTION ALLEGING OPACITY VIOLATIONS AT ONLY THE 13 INCINERATORS BUT HOPES TO REACH A SETTLEMENT ADDRESSING ALL 184. (NOTE: DOCUMENTA- TION OF CONTINUING VIOLATION IS A STATUTORY PREREQUISITE FOR FILING AN ENFORCEMENT ACTION.) ALL INCINERATORS ARE LOCATED IN AREAS WHICH ARE SECONDARY NON-ATTAINMENT OR NON-CLASSIFIABLE FOR PARTICULATES AND NITROGEN OXIDES AND WHICH HAVE AN EXTENDED ATTAINMENT DEAD- LINE FOR OZONE. THEREFORE THE POST-1982 ENFORCEMENT POLICY DOES NOT APPLY. PROPOSED REMEDY IN JUNE 1982, THE AUTHORITY SIGNED A STIPULATED ORDER WITH THE STATE DEC WHICH REQUIRES THAT 823 INCINERATORS, INCLUD- ING THE ONES CITED IN EPA'S NOV, BE PHASED OUT BY 12/31/87. THE AUTHORITY WILL BE REPLACING THEM WITH TRASH COMPACTORS. RREGION II BELIEVES THE STATE AGREEMENT IS INADEQUATE FOR SEVERAL REASONS. PRIMARY AMONG THEM ARE: 1. THE STATE AGREEMENT REQUIRES THE AUTHORITY, PRIOR TO REPLACEMENT OF THE INCINERATORS, TO OPERATE THEM CONSISTENT WITH THE PHYSICAL CAPABILITIES OF THE PRESENT EQUIPMENT. SINCE MOST OF THE INCINERATORS ARE IN SEVERE STATES OF DIS- REPAIR, THIS LANGUAGE DOES NOT REQUIRE ANY OPERATION AND MAINTENANCE TO MINIMIZE INTERIM EMISSIONS. 2. THE AGREEMENT ALLOWS THE AUTHORITY TO CHANGE UNILA- TERALLY THE SEQUENCE OF REPLACEMENT, THEREBY ENABLING THE CITY TO PHASE OUT THE SMALLER ONES FIRST. 3. THE STATE AGREEMENT HAS NO PROVISION FOR STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE SCHEDULE. 4. THE STATE AGREEMENT DOES NOT REQUIRE INSTALLATION OF TRASH COMPACTORS. UNDER THE LIMITED LIFE FACILITIES POLICY, THE AGENCY CAN ALLOW THE INCINERATORS TO CONTINUE TO OPERATE ONLY IF THE SHUTDOWN SCHEDULE COINCIDES WITH AN EXPEDITIOUS SCHEDULE FOR INSTALLATION OF REPLACEMENT UNITS. THE AGENCY IS THEREFORE SEEKING INJUNCTIVE RELIEF WHICH WOULD CURE THE DEFICIENCIES IN THE STATE AGREEMENT. THE AGENCY MAY ALSO SEEK TO SHORTEN THE COMPLIANCE SCHEDULE IN THE STATE ORDER. REGION II IS RECOMMENDING THAT NO CIVIL PENALTIES BE SOUGHT. NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE

Defendants (1)

• NYC HOUSING AUTHORITYNamed in complaintNamed in settlement

Facilities (1)

• NEW YORK CITY HOUSING AUTHORIT

  299 BROADWAY, NEW YORK, NY, 10007

  Registry ID: 110010600260

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• NYC HOUSING AUTHORITYentered 1986-10-31

  Primary law: CAA

Timeline (8 milestones)

• 1983-03-29Referred To Headquarters
• 1983-05-10Referred To Dept Of Justice
• 1983-07-13Referred TO U.S. Attorney
• 1983-08-03Complaint Filed With Court
• 1986-10-31Final Order Lodged
• 1986-10-31Final Order Entered
• 1986-10-31Concluded
• 1988-07-01Enforcement Action Closed