The Rikers Island Power Plant Air Pollution Permit
Rikers Island and much of the surrounding area have long dealt with disproportionate environmental burdens. People detained in the Rikers jails and living in surrounding communities, predominantly people of color in both instances, have faced heavy air pollution for decades and have been hit hard by the COVID-19 pandemic, which can exacerbate air pollutants’ health impacts. The greenhouse gases from fossil fuel-based power generating facilities like the one on Rikers are emitted alongside other air pollutants like particulate matter (PM10) and nitrogen oxides (NOx). Exposure to these air pollutants, especially over long periods of time, can lead to serious health problems—particularly affecting the lungs and heart. Restricting greenhouse gas emissions, in accordance with the CLCPA, would necessarily also reduce the emission of these harmful air pollutants.
After reviewing DOC’s application materials and the draft permit prepared by DEC, the Renewable Rikers coalition submitted comments drafted by NRDC and New York Lawyers for the Public Interest, urging DEC to deny the draft air permit for two reasons. First, the Rikers plant only supplies power to the jail complex on Rikers Island, but the draft permit does not account for the legal mandate to close those jails by 2027. A business-as-usual renewal of the permit would allow the facility to continue operating until 2029, well beyond the deadline for closing the jail complex. However, New York City’s jail population has declined steadily over the past five years, and the Renewable Rikers laws contemplate a significant reduction of the Rikers population from nearly 6,000 on average to 3,300 incarcerated people who will ultimately be held in the borough-based jails that replace the Rikers complex. Simply renewing the permit as proposed would allow the facility to keep emitting pollutants at a higher level than necessary, given that the need for power will decrease over time as the incarcerated population decreases and portions of the site are closed and transferred to DCAS.
Second, the draft permit terms do not adequately protect the vulnerable and overburdened communities on and around Rikers Island, including individuals incarcerated on Rikers who have no way to avoid environmental impacts. The CLCPA, New York’s nation-leading climate law, requires the state to achieve significant greenhouse gas emissions reductions by 2050 and prohibits state agencies from disproportionately impacting disadvantaged communities that are already overburdened with environmental harm. Disadvantaged communities are identified by census tract, using a set of 45 criteria that includes indicators like population demographics, unemployment rates, and the number of existing industrial facilities in the area. Rikers Island is considered a disadvantaged community according to these criteria, as are many nearby neighborhoods in the Bronx.
DEC must take the CLCPA’s requirements into account whenever it makes permit decisions, especially where disadvantaged communities are concerned. But in this case, the draft permit terms do not contain any emissions reductions that could contribute to the 2050 goal, nor did it consider the heightened vulnerability of the communities that would be most directly affected by the accompanying PM10 and NOx emissions from the Rikers Island power plant.
The Renewable Rikers coalition highlighted these shortcomings in our comments; at the same time, however, we recognize that it is critical for the facility to generate enough power to maintain adequate living conditions for the people currently incarcerated on Rikers, even as that number is slated to decrease. With that in mind, the coalition provided several suggestions for how the permit’s emissions limits could be modified to better account for reduced operational need as more jails are closed and land transferred to DCAS over the next several years. These recommendations include instating a shorter renewal period, so that the air permit would come back to DEC for consideration in 2027 when the Rikers jails should be closed, and creating distinct emissions scenarios that correspond to different population estimates for Rikers, calculated based on the phased transfer of jails away from DOC jurisdiction.
Ultimately, the Renewable Rikers coalition’s comments on this draft permit reflect a broader truth: laws can pave the way, but it is the implementation of these laws by state and city agencies that drives practical change. We will continue advocating to ensure that New York City meets its legal requirement to realize the promise of Renewable Rikers.
This blog provides general information, not legal advice. If you need legal help, please consult a lawyer in your state.
