Coalition Urges Renewable Rikers Compliance in NY Air Pollution Permit

The Renewable Rikers coalition submitted public comments in response to a draft air emissions permit, prepared by the New York State Department of Environmental Conservation (DEC) upon application from the New York City Department of Correction (DOC), for the power-generation facility on Rikers Island. This facility includes a cogeneration plant and boilers that supply most of the electricity and steam required to operate the Rikers jail complex, as well as emergency engines that generate power during blackouts or periods of peak utility demand. The coalition comment letter alerts DEC to several deficiencies in the draft permit, including (1) that it extends beyond the deadline that the Rikers Island jail complex must close, per New York City Law, and (2) that it fails to protect vulnerable communities already overburdened by environmental harms, in violation of the state's Climate Leadership and Community Protection Act (CLCPA).

Less than three years out from the August 2027 deadline by which the City must close the Rikers Island jail complex and transfer jurisdiction of the island from DOC to the Department of Citywide Administrative Services (DCAS), it is more important than ever to ensure that New York City makes progress towards Renewable Rikers. Environmental permitting decisions like this one play an important role in ensuring compliance with Renewable Rikers, and DEC must carefully consider how the underlying facilities will impact already overburdened communities-not just to remain consistent with the principles underlying the Renewable Rikers plan, but also to comply with the state's climate law.

The Renewable Rikers Plan

The Renewable Rikers coalition-made up of key partners including NRDC, Freedom Agenda, New York City Environmental Justice Alliance, the POINT Community Development Corporation, A More Just NYC, and Riverkeeper, plus dozens of endorsing organizations-brings together advocates working on both environmental and carceral justice, and it emphasizes the overlap between these two spaces.

The Renewable Rikers plan calls for a complete transformation of Rikers' 413 acres by closing existing jail facilities and identifying sustainable, climate resilient uses for the island. After years of community organizing, coalition-building, and policy advocacy by members of the Renewable Rikers coalition, these twin goals - ending carceral use of Rikers Island and replacing the jails with beneficial green infrastructure - were codified by New York City Local Laws 16, 17, and 31 in 2021.

Local Law 16 requires the mayor to assess the current use of Rikers Island every six months, and transfer to DCAS those portions of the island not in active use for housing or providing direct services to people who are incarcerated, with a final deadline of August 31, 2027, to close the jail complex entirely. The New York City Department of Environmental Protection and the Mayor's Office of Climate and Environmental Justice have conducted feasibility studies about using the island for solar energy production and storage, a modern wastewater treatment plant, and facilities to turn our food waste into beneficial compost, as required by Local Laws 17 and 31.

After a robust start transferring more than ten percent of the island to DCAS during Mayor Bill de Blasio's administration, the City's efforts have recently stalled; the last five 6-month assessment deadlines have passed without any transfers taking place. It is within this context that DOC applied to renew its permit to operate the power-generating facility on Rikers Island that supplies power to the jail complex without accounting for either the August 2027 deadline to stop carceral uses of the island or the changes in energy demand as portions of the jail complex close and the population shrinks over the next three years.

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.

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