Report: NY's Environmental Agency Can No Longer Adequately Protect Air Quality Due to Lack of Resources, Staff

ALBANY, NY (11/13/2009)(readMedia)-- Research conducted by Environmental Advocates of New York has uncovered that the State's Department of Environmental Conservation (DEC) no longer has sufficient resources to successfully implement the federal Clean Air Act. Funds to support the Act have been cut by nearly 16 percent over the last five years.

For almost 30 years, New York State has had trouble meeting federal minimum air quality standards for two of the six pollutants identified by the Clean Air Act-ozone and soot. The DEC has the authority to implement the Act, which requires developing plans to reduce air pollution. However, the agency does not have the staff or resources to support this work and has not completed 17 of 30 federally mandated state plans to improve New York's air quality.

"New York's leaders have sentenced the health of our environment to death by a thousand cuts. Millions of New Yorkers are breathing unhealthy air thanks to static appropriations and short staffing at the Department of Environmental Conservation," said Alison Jenkins, Fiscal Policy Director, Environmental Advocates of New York. "In the end, New York's elderly, sick and very young are paying the price for the DEC's lack of capacity to improve our air quality."

In a series of reports on the state of the DEC, Agency in Crisis, Environmental Advocates of New York uncovered steep declines in resources dedicated to environmental programs. In a subsequent brief on air quality monitoring programs, Environmental Advocates found that along with an overall decrease in state funds to implement the federal Clean Air Act, the DEC has fewer staff preparing federally mandated plans to address air quality issues. There are currently 14 staff working on such plans, down from 16 in 2007. In addition, the DEC's Bureau of Air Quality Surveillance has lost seven positions, or 14 percent, in the last three years.Click here to download "Unhealthy Air."

The result of such staff shortages is that although two statewide plans to control dangerous soot have been completed, the major plan to reduce this pollution in the New York City metro area is more than one year overdue. In addition, in order to finalize plans to reduce smog in New York City and Poughkeepsie, the agency must issue seven new state air pollution rules, a process that can take years to complete.

The updated plans are desperately needed. For instance, New York is home to approximately 10,000 backup electric generators. Operated by banks, businesses and hospitals, among others, these backup generators are among the worst polluters, spewing dangerous emissions into the air during periods of peak power demand. Without the DEC staff in place to complete the related regulations, backup power generators operate with relatively little regulation or oversight. Cleaning up these polluters would go a long way to address air quality problems, especially in New York City.

Even during cooler months, air quality forecasts for New York City have included health advisories for ozone and fine particle pollution. On November 9th, the DEC issued an advisory that the air in New York City was unhealthy for sensitive groups.

When adjusted for inflation, the DEC's operations budget grew by just over 1 percent during a five-year period; federal funding for environmental programs declined by 25 percent over the same period. And despite decreasing support, the federal government establishes about 40 new rules for states to adopt and implement every year.

Environmental Advocates of New York's analysis also shows that the agency is relying more on general tax dollars to support its activities while regulated polluters pay a smaller share. The DEC's overall funding is likely to worsen during the economic recession, as budget cuts, retirement incentives and a hiring freeze are implemented. And although federal stimulus dollars bolstered the DEC's Division of Forest & Land Resources, these resources were a one-shot deal.

Environmental Advocates has identified potential sources of green revenue to support the DEC, including increasing polluter fees and closing tax loopholes.

To call attention to New York State's neglect of its primary environmental agency, Environmental Advocates of New York is releasing a series of brief reports highlighting the negative impacts of funding shortages at several of the DEC's most critical programs.

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Environmental Advocates of New York's mission is to protect our air, land, water and wildlife and the health of all New Yorkers. Based in Albany, we monitor state government, evaluate proposed laws, and champion policies and practices that will ensure the responsible stewardship of our shared environment. We work to support and strengthen the efforts of New York's environmental community and to make our state a national leader. The tax-exempt 501 (c) (3) nonprofit organization is also the New York affiliate of the National Wildlife Federation.