EPA v. NYSOMH (ST. LAWRENCE)

Case summary

SYNOPSIS THIS LITIGATION REPORT PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO CAA SECTION 113 (42 U.S.C. 7413(B)) AGAINST THE NEW YORK STATE OFFICE OF MENTAL HEALTH (OMH) AND THE NEW YORK STATE FACILITIES DEVELOPMENT CORPORATION (FDC) FOR THEIR VIOLATIONS OF PART 227 OF TITLE 6 OF OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS (STATE EFFECTIVE DATE 3/24/79). 6 NYCRR PART 227 LIMITS THE MASS EMISSIONS OF PARTICULATES FROM STATIONARY COMBUSTION SOURCES & LIMITS AS WELL THE OPACITY OF ANY VISIBLE EMISSIONS FROM SUCH SOURCES. THIS REGULATION IS A PROVISION OF THE FEDERALLY- APPROVED AND FEDERALLY ENFORCEABLE STATE IMPLEMENTATION PLAN (SIP) DEVELOPED BY THE STATE OF NY, PROMULGATED BY EPA PUR- SUANT TO CAA SECTION 110 AND APPLICABLE TO THE AIR QUALITY CONTROL REGION IN WHICH THE ST. LAWRENCE PSYCHIATRIC CENTER (THE FACILITY) IS LOCATED. THE OMH OPERATES THE ST. LAWRENCE PSYCHIATRIC CENTER, A STATE INSTITUTION FOR THE MENTALLY ILL, IN OGDENSBURG, NY. THE FACILITY INCLUDES A BOILER PLANT W/ 3 OPERABLE FOSSIL FUEL FIRED (COAL/GAS) BOILERS. THESE ARE STATIONARY COMBUS- TION INSTALLATIONS, AND SOURCES OF AIR POLLUTION. AS SUCH, THEY ARE ALL SUBJECT TO THE EMISSION LIMITATIONS FOR MASS EMISSIONS OF PARTICULATES AND FOR OPACITY SET FORTH IN 6 NYCRR PART 227. A 6/9/82 INSPECTION OF THE FACILITY BY AN EPA REGION II INSPECTOR REVEALED THAT THE FACILITY'S BOILER PLANT WAS EMITTING SMOKE IN EXCESS OF THE OPACITY LIMITS OF 6 NYCRR PART 227. BASED ON THIS INSPECTION, EPA REGION II ISSUED NOTICE OF VIOLATION #20284 ON 8/11/82 TO OMH CITING THE FACILITY'S VIOLATION OF 6 NYCRR 227.4(A)(1),(2). AFTER REGION II'S 8/11 NOV, EPA DISCUSSED THE SITUATION SEVERAL TIMES WITH OMH AND FDC ON THE TELEPHONE AND AT A CONFERENCE ON 12/1/82. EPA HAD ALSO DIRECTED THE OMH TO CONDUCT A STACK TEST AT THE FACILITY. AT THE 12/1 CONFERENCE OMH AGREED TO CONDUCT A STACK TEST AT THE FACILITY. STACK TESTS WERE PERFORMED AT THE FACILITY ON 4/4/83 (HIGH LOAD CON- DITIONS) AND 6/21-22/83 (LOW LOAD). THESE TESTS, CONDUCTED BY AN OMH CONTRACTOR AND WITNESSED BY EPA REPS, DEMONSTRATED PARTICULATE EMISSIONS IN EXCESS OF THE MASS EMISSION AND OPACITY LIMITS SET FORTH IN 6 NYCRR. A 2ND NOV (#40213) WAS ISSUED BY EPA REGION II ON 3/13/84 CITING THE FACILITY'S VIOLATION OF THE MASS EMISSION LIMITS OFPART 227. IN RES- PONSE TO THE 2ND NOV, A CONFERENCE WAS HELD W/ OMH & FDC ON 4/11/84. THE ST. LAWRENCE PSYCHIATRIC CENTER IN LOCATED IN OGDENS- BURG, NY, AN AREA THAT MEETS THE PRIMARY AND SECONDARY STAN- DARD FOR TOTAL SUSPENDED PARTICULATE MATTER. HOWEVER, THE FACILITY CURRENTLY EMITS 3 TO 4 TIMES THE AMOUNT OF PARTICU- LATES ALLOWED UNDER THE SIP. SINCE THIS IS A STATE FACILITY DIRECT STATE ENFORCEMENT HAS BEEN INEFFECTIVE IN SECURING COMPLIANCE IN THE PAST. THEREFORE, EPA SEEKS THE INITIATION OF A CIVIL EMFORCEMENT ACTION FOR AN INJUNCTION DIRECTING COMPLIANCE W/ THESE PROVISIONS OF THE NY SIP IN ACCORDANCE WITH A SCHEDULE TO BE EMBODIED IN A FEDERAL CONSENT DECREE. WE ARE ACTIVELY PURSUING SETTLEMENT NEGOTIATIONS W/ THE OMH AND FDC IN THE INTERIM AND BELIEVE WE WILL BE ABLETO SECURE A FEDERAL CONSENT DECREE EMBODYING AN INJUNCTION MANDATING A COMPLIANCE SCHEDULE LEADING TO COMPLIANCE AND APPROPRIATE CIVIL PENALTIES.

Defendants (4)

• NYS OFFICE OF MENTAL HEALTHNamed in complaintNamed in settlement
• NEW YORK, STATE OFNamed in complaintNamed in settlement
• NYS FACILITIES DEVELOPMENT CORPNamed in complaintNamed in settlement
• REGAN, EDWARDNamed in complaintNamed in settlement

Facilities (1)

• ST LAWRENCE PSYCHIATRIC CENTER

  1 CHIMNEY POINT DRIVE, OGDENSBURG, NY, 13669-2291

  Registry ID: 110000880084

Statutes cited

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

Enforcement conclusions (1)

• NYSOMH (ST. LAWRENCE)entered 1987-02-23

  Primary law: CAA

Timeline (6 milestones)

• 1984-05-31Referred To Dept Of Justice
• 1984-08-03Complaint Filed With Court
• 1987-02-23Final Order Lodged
• 1987-02-23Final Order Entered
• 1987-02-23Concluded
• 1991-09-30Enforcement Action Closed