Air-Conditioning Flaws Lead To 'Transit' Penalty

By GINGER ADAMS OTIS

New York City Transit agreed last week to pay a fine of $165,000 to settle a civil lawsuit alleging that it had violated the Clean Air Act by failing to repair airconditioning units on subway cars in a timely fashion, allowing ozone-destroying chlorofluorocarbons to leak into the atmosphere.

The suit, filed by the U.S. Environmental Protection Agency, also alleged that the agency failed to keep adequate repair records as required by state and Federal regulations.

Slow to Make Repairs

According to court documents, the EPA saw evidence as early as 1998 that the Stratospheric Ozone Protection regulations in the Clean Air Act were being violated by NYC Transit. The agency said that NYC Transit "failed to repair appliances that contained more than 50 pounds of refrigerant and were leaking ... within 30 days after the leak was or should have been discovered."

On numerous occasions since 1998, the documents continued, NYC Transit failed to keep servicing records documenting the quantity of refrigerant added to the air conditioners.

Upon information and belief, the EPA said, NYC Transit "will continue to violate Clean Air Act and the Stratospheric Ozone Protection regulations with regard to the foregoing repair requirements, unless enjoined by the order of this Court."

The EPA took its claims before a judge in 2004, and NYC Transit refuted the charges, arguing that some of the subway cars named in the suit - the R62 and R62A models that comprise approximately 18 percent of NYC Transit's fleet of 6,000 - don't carry quantities of refrigerant over 50 pounds and therefore aren't covered by the ozone protection laws.

Final Deal

After initial discovery was performed by EPA attorneys, it was decided that the only subway cars in question were the old-fashioned "Redbirds," which have since been discontinued.

Because both parties agreed that further litigation wouldn't serve the public's interest, NYC Transit was assessed a penalty of $165,000, to be paid within 60 days of the settlement.

"While the settlement with the Environmental Protection Agency's Clean Air Act lawsuit requires the payment of a modest civil penalty, it is important to note that the EPA voluntarily withdrew its allegations concerning NYC Transit's maintenance of its current fleet of subway cars," the transit agency said in a written statement.

NYC Transit also denied EPA allegations that it failed to repair and track environmental violations in a timely fashion.

The agency said that it "adheres to a comprehensive refrigerant maintenance program, which complies with all Federal clean air regulations."