[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Notices]
[Pages 54483-54484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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............................  [email protected].
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: https://www.justice.gov/enrd/consent-decrees. 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