Audit finds NYS failed to adequately monitor air quality permits

ALBANY — The state Department of Environmental Conservation failed to take action to fully enforce New York’s air contamination and pollution requirements, according to a report released Tuesday.

The main weaknesses in the agency’s enforcement are due to its permitting process, according to a report released by the Office of the State Comptroller Thomas P. DiNapoli. The report, provided to Newsday, followed up on a 2023 audit conducted by the comptroller’s office.

The report found 3,505 facilities operating under permits or registrations with no expiration date and that three polluting facilities were operating without a valid permit: Rikers Island Correctional Facility, a sewage treatment plant in East Rockaway and Crestwood Metal Corp, a scrap metal recycler in Holbrook.

The report also found that the agency did not update its policy to ensure facilities comply with environmental justice requirements, which take into account economically disadvantaged communities and communities of color that have historically been disproportionately burdened by pollution.

"When facilities operate under old permits, the public may not be protected from harmful pollution," DiNapoli said in an emailed statement. "Our follow-up found the Department of Environmental Conservation has made some progress, but more work is needed to strengthen enforcement, protect disadvantaged communities and improve transparency in the permitting process."

The state’s Air Pollution Control Permit Program aims to prevent and control air pollution for public health and protection of the environment. The program and other regulations require polluters to register and apply for permits through the DEC. Enforcement action can be taken if facilities operate with an expired permit or registration.

The 2023 comptroller’s audit of permit and registration data recommended the DEC take action to strengthen its permitting process.

Since then, the DEC has made some progress such as reducing the number of facilities operating under permits or registrations without expiration dates by 1,000. The agency also increased staff training, guidance and communication on the permitting process.

Work is still underway to replace the department’s outdated permit tracking system, according to the report.

The DEC did not immediately respond to a request for comment on Tuesday.