On June 9, 2025, EPA Region 3 entered into a Expedited Settlement Agreement (ESA) with Bank of America National Association, the owner and operator of a Data Center located at 35 Runway Drive, Levittown, Pennsylvania ( Facility ).
The Facility is subject to 40 C.F.R. Part 63 Subpart ZZZZ, National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines ( Subpart ZZZZ . The EPA obtained information as part of its investigation showing that the Facility failed to complete triennial performance testing on five (5) reciprocating internal combustion engines at the Facility before their due date resulting in violations of and NESHAP Subpart ZZZZ regulations.
The ESA included a penalty of Twenty-one Thousand Two Hundred and Seventy-Three dollars ($21,273).
This case seeks to ensure that facilities working with hazardous air pollutants comply with applicable federal work practice, reporting and record keeping requirements, minimizing the risk of potential harm to neighboring communities and the environment. The EPA has not delegated to Pennsylvania the authority to implement and enforce NESHAP Subpart ZZZZ. Pennsylvania has been notified of this action and has not raised any objections. Taking action against such violations aligns with Pillar 1 of the Powering the Great American Comeback initiative as it addresses access to clean air, land, and water.