EPA v. New York City Department of Education

Case summary

This case arises from violations of the Clean Air Act, 42 U.S.C. 7401 et seq., pertaining to approximately 2,372 oil-fired boilers operated by the Defendant at public school buildings throughout New York City. The U.S. Environmental Protection Agency (EPA) alleges the Defendant failed to comply with the applicable requirements in the National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources, 40 C.F.R Part 63, Subpart JJJJJJ, 63.11193 et seq. (the Boiler Rule). The Boiler Rule violations include notification and reporting violations (failure to submit Initial Notification reports, Notification of Compliance Status reports and annual compliance certifications), and violations of work practice standards (failure to perform required boiler tune-ups and energy assessments to improve boiler operating efficiency). EPA estimates that full compliance with the Boiler Rule will result in significant boiler emission reductions of up to 25 percent, including hazardous air pollutant (HAP) and particulate matter (PM) emissions. To resolve the Boiler Rule violations, EPA seeks a substantial civil penalty and injunctive relief including completion of all required boiler tune-ups, which will improve boiler efficiency and reduce emissions, and completion of the required energy assessments, which could identify additional efficiency improvements. This case also presents a substantial opportunity for additional, localized reductions of HAP, PM and other pollutants, through the performance of Supplemental Environmental Projects or mitigation projects that require further boiler improvements or upgrades. EPA intends to target boiler upgrades at specific school buildings with oil-fired boilers that are located in designated EJ communities.

Defendants (2)

• New York City Department of EducationNamed in complaintNamed in settlement
• City of New YorkNamed in complaintNamed in settlement

Facilities (1)

• NYC PUBLIC SCHOOL #61

  1150 CROTONA PARK EAST, BRONX, NY, 10460

  Registry ID: 110010710427

Statutes cited

• CAA 112K — Area Source MACT
• CAA 112H — Work Practices
• CAA 112D — MACT Standards

Enforcement conclusions (1)

• New York City Department of Educationentered 2021-11-24

  Primary law: CAA

  Federal penalty: $1,000,000

Timeline (6 milestones)

• 2016-09-27Referred To Dept Of Justice
• 2016-09-30Enforcement Action Data Entered
• 2021-09-27Complaint Filed With Court
• 2021-09-27Final Order Lodged
• 2021-11-24Final Order Entered
• 2025-10-01Enforcement Action Closed