Coal ash polluting water, says group

By Rapid City Journal


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Coal ash waste from three power plants in North Dakota and South Dakota is polluting groundwater with arsenic, lead and other metals that could foul drinking water wells, three environmental groups asserted in a report.

The Environmental Integrity Project, the Sierra Club and Earthjustice said the report documented 39 new examples in 21 states of water pollution caused by coal ash.

The organizations contend state regulation of coal ash dumps is weak, and they want the Environmental Protection Agency to take over the job. The federal agency has proposed rules on the subject and is holding public hearings to take comment about them, the first of which is scheduled for Arlington, Va.

"The bottom line is that we can't just leave monitoring and drinking water protection up to the states. That hasn't worked," said J. Drake Hamilton, science policy director for Fresh Energy, a St. Paul, Minn., organization that advocates alternatives to coal-generated electric power.

State health regulators in North Dakota and South Dakota disputed some of the report's conclusions. It singles out the Antelope Valley and Leland Olds power stations in west-central North Dakota, which are owned by Bismarck-based Basin Electric Power Cooperative, and the Big Stone plant near Milbank in northeastern South Dakota, which is run by Otter Tail Power Co., of Fergus Falls, Minn.

David Glatt, environmental health chief for North Dakota's Health Department, said federal regulatory standards would probably be similar to the state's existing oversight of coal ash disposal sites.

North Dakota requires disposal of coal ash in a storage space lined with clay or composite plastic, Glatt said. Those cannot be near drinking water sources, he said, and monitoring wells keep track of groundwater conditions.

"We feel we have a program that would be equivalent to, or exceed, what EPA would come up with," Glatt said. "We do feel that environmentally, North Dakota is doing it right."

The report says arsenic levels at three monitoring wells at Basin Electric's Antelope Valley station have "risen dramatically" over 26 years. "The increasing arsenic trends... indicate that the arsenic is linked to the coal ash disposal," the report says.

Wells at the Leland Olds plant also have detected elevated levels of arsenic, lead and selenium, it says. All three are heavy metals that can cause health problems.

Scott Radig, director of the Health Department's waste management division, said the groundwater pollution was confined to the ash waste disposal sites. There is no evidence it is affecting drinking water, Radig said.

"We do not know of any public water supply or private water supply wells that are impacted at all," he said.

Health officials said the presence of arsenic, which occurs naturally in soils, is not unusual in North Dakota. Floyd Robb, a Basin spokesman, said the three Antelope Valley water monitoring wells cited in the report are at a higher elevation than other wells that have roughly the same arsenic levels, he said.

"Arsenic doesn't run uphill," he said.

The report says 21 of 25 water monitoring wells at South Dakota's Big Stone plant are contaminated, with up to 13 times the maximum drinking water standard for arsenic and seven times the amount of lead.

"Groundwater contour maps indicate the pollution is moving off site, yet no offsite monitoring or sampling of surface waters has occurred, despite state records indicating more than 100 private and public water wells are within five miles of the site," the report says.

A rebuttal posted at the South Dakota Department of Environment and Natural Resources' website links the groundwater readings to a leaking brine pond that is used to store waste from water-softening treatment. One brine pond leaked before the problem was discovered in 1998, the agency said.

"The Environmental Integrity Project is taking the ground water quality data gathered from a brine pond release that occurred more than 20 years ago," the agency's statement says. "The water treatment process used by Big Stone Power has nothing to do with its coal ash disposal practices, and in no way should be used to support any new regulations for coal ash disposal."

The agency said the soils around Big Stone also have naturally high levels of sulfate and metals.

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Plan to End E-Vehicle Subsidies Sparks Anger in Germany

Germany EV Subsidy Cut triggers budget-crisis fallout in the automotive industry, after a constitutional court ruling; EV incentives end, threatening electromobility adoption, manufacturer competitiveness, 2030 targets, and demand amid Chinese competition and weak global growth.

 

Key Points

A sudden end to Germany's EV incentives due to a budget shortfall after a court ruling, hurting automakers and adoption.

✅ Ends buyer rebates amid budget crisis ruling

✅ Risks 2030 EV targets and industry competitiveness

✅ Weak demand and China competition intensify

 

The German government has faced a backlash after abruptly ending an electric car subsidy scheme in a blow to the already struggling automotive industry.

The scheme is one of the casualties of a budget crisis caused by a shock constitutional court ruling in November that upended the government's spending plans.

The economy ministry said Saturday that Sunday would be the last day prospective buyers could apply for the scheme, which paid out thousands of euros per customer to partially cover the cost of buying an electric car today.

A spokesman for the ministry admitted it was an "unfortunate situation" for consumers who had been hoping to take advantage of the subsidy, but it had no choice "because there is no longer enough money available."

Analyst Ferdinand Dudenhoeffer from the Center for Automotive Research warned the decision could have dramatic consequences amid a Europe EV slump already pressuring demand.

"The competitiveness of [auto] manufacturers will now be severely damaged," Dudenhoeffer told the Rheinische Post newspaper.

The Handelsblatt business daily had already warned that scrapping the scheme risked jeopardizing Germany's plans to get 15 million electric cars on the road by 2030, even though the EU EV share grew during lockdowns earlier in the pandemic.

"This goal was already considered extremely unrealistic. Now it seems completely illusory," it wrote.

In the UK, analysts warn that electric cars could cost more if a post-Brexit deal is not reached, underscoring wider market uncertainties.

A total of around 10 billion euros ($1.1 billion) has been paid out since 2016 under the scheme for around 2.1 million electric vehicles, according to the economy ministry.

Germany's flagship automotive industry, including Volkswagen, has been struggling with the transition to electromobility due to a weak global economy and low levels of demand.

In addition, it is facing a serious challenge from homegrown rivals in China, one of its most important markets, as France moves to discourage Chinese EVs with new rules.

"The Chinese are massively expanding their car industry because they have customers. Our manufacturers no longer have any," Dudenhoeffer said, as France's incentive rules make the market tougher for Chinese brands.

Germany's highest court decided last month that the government had broken a constitutional debt rule when it transferred 60 billion euros earmarked for pandemic support to a climate fund.

The bombshell ruling blew a huge hole in spending plans and plunged Chancellor Olaf Scholz's three-way coalition into turmoil.

After adopting an emergency budget for 2023, Scholz and his junior coalition partners battled for weeks before finally finding an agreement for 2024.

 

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Westinghouse AP1000 Nuclear Plant Breaks A First Refueling Outage Record

AP1000 Refueling Outage Record showcases Westinghouse nuclear power excellence as Sanmen Unit 2 completes its first reactor refueling in 28.14 days, highlighting safety, reliability, outage optimization, and economic efficiency in China.

 

Key Points

It is the 28.14-day initial refueling at Sanmen Unit 2, a global benchmark achieved with Westinghouse AP1000 technology.

✅ 28.14-day first refueling at Sanmen Unit 2 sets global benchmark

✅ AP1000 design simplifies systems, improves safety and reliability

✅ Outage optimization by Westinghouse and CNNC accelerates schedules

 

Westinghouse Electric Company China operations today announced that Sanmen Unit 2, one of the world's first AP1000® nuclear power plants, has set a new refueling outage record in the global nuclear power industry, completing its initial outage in 28.14 days.

"Our innovative AP1000 technology allows for simplified systems and significantly reduces the amount of equipment, while improving the safety, reliability and economic efficiency of this nuclear power plant, reflecting global nuclear milestones reached recently," said Gavin Liu, president of the Westinghouse Asia Operating Plant Services Business. "We are delighted to see the first refueling outage for Sanmen Unit 2 was completed in less than 30 days. This is a great achievement for Sanmen Nuclear Power Company and further demonstrates the outstanding performance of AP1000 design."

All four units of the AP1000 nuclear power plants in China have completed their first refueling outages in the past 18 months, aligning with China's nuclear energy development momentum across the sector.  The duration of each subsequent outage has fallen significantly - from 46.66 days on the first outage to 28.14 days on Sanmen Unit 2.

"During the first AP1000 refueling outage at the Sanmen site in December 2019, a Westinghouse team of experts worked side-by-side with the Sanmen outage team to partner on outage optimization, and immediately set a new standard for a first-of-a-kind outage, while major refurbishments like the Bruce refurbishment moved forward elsewhere," said Miao Yamin, chairman of CNNC Sanmen Nuclear Power Company Limited. "Lessons learned were openly exchanged between our teams on each subsequent outage, which has built to this impressive achievement."

Westinghouse provided urgent technical support on critical issues during the outage, as international programs such as Barakah Unit 1 achieved key milestones, to help ensure that work was carried out on schedule with no impact to critical path.

In addition to the four AP1000 units in China, two units are under construction at the Vogtle expansion near Waynesboro, Georgia, USA.

Separately, in the United States, a new reactor startup underscored renewed momentum in nuclear generation this year.

 

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New Jersey, New York suspending utility shut-offs amid coronavirus pandemic

NY & NJ Utility Shutoff Moratorium suspends power, heat, and water disconnections amid COVID-19, as PSEG, Con Edison, Avangrid, and American Water pledge relief, supporting vulnerable customers with payment plans and health protections.

 

Key Points

A temporary pause on power, heat, and water shutoffs during COVID-19, as major utilities act to protect affected customers.

✅ Applies to power, gas, and water; restores prior shutoffs.

✅ Voluntary utility action; no PSC order required in NY.

✅ Initial moratorium runs through April; payment plans available.

 

New Jersey and New York utilities will keep the power, heat and water on for all customers in response to the coronavirus emergency, both states announced Friday.

Major utilities have agreed to suspend utility shut-offs, a particular concern for people who may be out of work and cannot afford to pay their bills.

“No utility can turn off service … if a person cannot pay their bill as a result of responding to this virus situation,” said New York Gov. Andrew Cuomo during a press conference Friday.

Utilities in New York have voluntarily agreed to this measure, according to the governor’s office, reflecting a broader state moratorium on disconnections during emergencies. No order from the Public Service Commission is expected.

With growing concerns about the economic impacts of a virtual shutdown of businesses and large events to curtail the spread of the novel coronavirus, advocates are increasingly pushing financial relief for families amid pandemic energy insecurity pressures. There’s a campaign in New York to suspend evictions and foreclosures, with growing political support. A similar call has gone out in New Jersey.

As the weather warms, shut-offs of electric and gas service due to nonpayment tend to pick up. If people are quarantined or out of work due to a widespread economic slowdown, some advocates say they shouldn’t have to worry about having the lights or heat turned off, especially as examples of unpaid utility bills straining cities have emerged elsewhere.

“We recognize that customers may experience financial difficulty as a result of the outbreak, whether they or a family member fall ill, are required to quarantine, or because their income is otherwise affected,” said Michael Jennings, a spokesperson for Public Service Enterprise Group — the parent company of Public Service Electric and Gas Company, New Jersey’s largest utility — in a statement.

The company’s policy will be in place at least through the end of April, as will Atlantic City Electric’s, and other utilities such as PG&E's pandemic response included a similar moratorium during the outbreak.

“Curtailing shut-offs is good public policy to make sure New Jersey residents aren’t left in the lurch as they’re dealing with coronavirus,” said Eric Miller, director of the Natural Resources Defense Council’s New Jersey energy policy program. “Not having a safe place to be because you don't have electricity, gas or water doesn’t do anything to help address the coronavirus.”

Water service has also drawn attention. Major cities, including Atlanta and Detroit, have suspended shut-offs to ensure residents have water to wash their hands, while Texas utilities waived fees to support customers as well. Seattle suspended water and electric shutoffs.

American Water, which operates in 16 states and has 650,000 customers in New Jersey and 350,000 in New York, has halted any shutoffs amid the coronavirus pandemic and will also restore service, and similarly Hydro One reconnected customers in Canada to maintain access. New York City does not shut off service for nonpayment, but does issue liens against people’s property.

“Everyone, regardless as to what industry, has to have a heightened responsibility that’s encompassed in compassion and take everything into consideration,” New Jersey state Sen. Teresa Ruiz (D-Essex) told POLITICO. “Now is not the time to be worrying about late payments or bills. We need to get past this, hopefully, to see what we’re facing and then deal with other things.”

PSEG Long Island, a subsidiary of PSEG that handles day-to-day operations for the Long Island Power Authority, was the first New York utility to announce it is also suspending shutoffs before the governor’s announcement. The moratorium will remain in place through the end of April.

Rich Berkley, with the Public Utility Law Project, which advocates for low-income customers in New York, said he’s been in touch with state officials to make sure the issue of utility bills is considered during the pandemic. New York already has requirements for utilities to offer deferred payment agreements before shutting off service, he noted.

“The state has to act to protect the most vulnerable households first,” he said. “To the extent that the state is declaring areas of emergency, this should be part of the remedies the state deploys.”

But he noted that not everyone will have trouble paying their utility bills if they’re under quarantine.

“Given the background of a collapsing stock and equity market, all of which matters to the utilities, and shifts in electricity demand during COVID-19, we have to be careful about blanket moratoriums [on shutoffs] in New York,” Berkley said.

Con Edison, the largest utility in the state serving most of New York City, had already informed the Department of Public Service it will suspend all shut-offs in the one-mile radius New Rochelle containment area, spokesperson Michael Clendenin said on Thursday. The moratorium on shutoffs now includes its entire New York City and Westchester County territory.

Avangrid, which owns New York State Electric & Gas and Rochester Gas & Electric, serving broad swathes of upstate New York, will suspend shut-offs due to unpaid bills for 30 days, spokesperson Michael Jamison said.

 

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Here are 3 ways to find out where your electricity comes from

US energy mix shows how the electric grid blends renewables, fossil fuels, nuclear, and hydro, varying by ISO/RTO markets, utilities, and state policies, affecting carbon emissions, pricing, reliability, and access.

 

Key Points

The US energy mix is the grid's source breakdown by region: fossil fuels, renewables, nuclear, and hydro.

✅ Check ISO or RTO dashboards for real-time generation by fuel source.

✅ Utilities may offer green power plans or RECs at modest premiums.

✅ Energy mix shifts with policy, pricing, and grid reliability needs.

 

There are few resources more important than energy. Sure, you may die if you don't eat for days. But your phone will die if you go too long without charging it. Energy feeds tech, the internet, city infrastructure, refrigerators, lights, and has evolved throughout U.S. history in profound ways. You get the idea. Yet unlike our other common needs, such as food, energy sources aren't exactly front of mind for most people. 

"I think a lot of people don't put a lot of bandwidth into thinking about this part of their lives," said Richard McMahon, the SVP of energy supply and finance at Edison Electric Institute, a trade group that represents investor-owned electric companies in the US. 

It makes sense. For most Americans, electricity is always there, and in many locations, there's not much of a choice involved, even as electricity demand is flat across the U.S. today. You sign up with a utility when you move into a new residence and pay your bills when they're due. 

But there's an important reality that indifference eschews: In 2018, a third of the energy-related carbon-dioxide emissions in the US came from the electric power sector, according to the US Energy Information Administration (EIA). 

A good chunk of that is from the residential sector, which consistently uses more energy than commercial customers, per EIA data.

Just as many people exercise choice when they eat, you typically also have a choice when it comes to your energy supply. That's not to say your current offering isn't what you want, or that switching will be easy or affordable, but "if you're a customer and want power with a certain attribute," McMahon said, "you can pretty much get it wherever you are." 

But first, you need to know the energy mix you have right now. As it turns out, it's not so straightforward. At all.

This brief guide may help. 

For some utility providers, you can find out if it publishes the energy mix online. Dominion Energy, which serves Idaho, North Carolina, Ohio, South Carolina, Utah, Virginia, West Virginia, and Wyoming, provides this information in a colored graphic. 

"Once you figure out who your utility is you can figure out what mix of resources they use," said Heidi Ratz, an electricity markets researcher at the World Resources Institute.

But not all utilities publish this information.

It has to do with their role in the grid and reflects utility industry trends in structure and markets. Some utility companies are vertically integrated; they generate power through nuclear plants or wind farms and distribute those electrons directly to their customers. Other utilities just distribute the power that different companies produce. 

Consider Consolidated Edison, or Con Ed, which distributes energy to parts of New York City. While reporting this story, Business Insider could not find information about the utility's energy mix online. When reached for comment, a spokesperson said, "we're indifferent to where it comes from."

That's because, in New York, distribution utilities like Con Ed often buy energy through a wholesale marketplace.

Take a look at this map. If you live in one of the colored regions, your electricity is sold on a wholesale market regulated by an organization called a regional transmission organization (RTO) or independent system operator (ISO). Distribution utilities like Con Ed often buy their energy through these markets, based on availability and cost, while raising questions about future utility revenue models as prices shift. 

Still, it's pretty easy to figure out where your energy comes from. Just look up the ISO or RTO website (such as NYISO or CAISO). Usually, these organizations will provide energy supply information in near-real time. 

That's exactly what Con Edison (which buys energy on the NYISO marketplace) suggested. As of Friday morning, roughly 40% of the energy on the market place was natural gas or other fossil fuels, 34% was nuclear, and about 22% was hydro. 

If you live in another region governed by an ISO or RTO, such as in most of California, you can do the same thing. Like NYISO, CAISO has a dashboard that shows (again, as of Friday morning) about 36% of the energy on the market comes from natural gas and more than 20% comes from renewables. 

In the map linked above, you'll notice that some of the ISOs and RTOs like MISO encompass enormous regions. That means that even if you figure out where the energy in your market comes from, it's not going to be geographically specific. But there are a couple of ways to drill down even further. 

The Environmental Protection Agency has a straightforward tool called Power Profiler. You can enter your zip code to see the fuel mix in your area. But it's not perfect. The data are from 2016 and, in some regions of the country like the upper Midwest, they aren't much more localized, and some import dirty electricity due to regional trading. 

The World Resources Institute also has a tool that allows you to see the electricity mix by state, based on 2017 data from EIA. These numbers represent power generation, not the electricity actually flowing into your sockets, but they offer a rough idea of what energy resources are operating in your state. 

One option is to check with your utility to see if it has a "green power" offering. Over 600 utilities across the country have one, according to the Climate Reality Project, though they often come at a slightly higher cost. It's typically on the scale of just a few more cents per kilowatt-hour. 

There are also independent, consumer-facing companies like Arcadia and Green Mountain Energy that allow you to source renewable energy, by virtually connecting you to community solar projects or purchasing Renewable Energy Certificates, or RECs, on your behalf, as America goes electric and more options emerge. 

"RECs measure an investment in a clean energy resource," Ratz said, in an email. "The goal of putting that resource on the grid is to push out the need for dirtier resources."

The good news: Even if you do nothing, your energy mix will get cleaner. Coal production has fallen to lows not seen since the 1980s, amid disruptions in coal and nuclear sectors that affect reliability and costs, while renewable electricity generation has doubled since 2008. So whether you like it or not, you'll be roped into the clean energy boom one way or another. 

 

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Electricity prices may go up by 15 per cent

Jersey Electricity Standby Charge proposes a grid-backup fee for commercial self-generators of renewable energy, with a review delaying implementation; potential tariff impacts include 10-15 percent price rises, cost recovery, and network reliability.

 

Key Points

A grid-backup fee for Jersey self-generating businesses to share network costs fairly and curb electricity price rises.

✅ Applies to commercial self-generation using renewables or not

✅ Excludes full exporters and pre-charge installations

✅ Aims to recover grid costs and avoid 10-15% price rises

 

Electricity prices could rise by ten to 15 per cent if a standby charge for some commercial customers is not implemented, the chief executive of Jersey Electricity has warned.

Jersey Electricity has proposed extending a monthly fee to commercial customers who generate their own power through renewable means but still wish to be connected to Jersey’s grid as a back-up, echoing Ontario energy storage efforts to shore up reliability.

The States recently unanimously backed a proposal lodged by Deputy Carolyn Labey to delay administering the levy until a review could be carried out, as seen in the UK grid's net-zero transformation debates influencing policy. The charge, was due to be implemented next month but will now not be introduced until May, or later if the review has not concluded.

But Chris Ambler, JE chief executive, warned that failing to implement the standby charge could lead to additional costs for customers.

Some of JE’s commercial customers have already been charged a standby fee after generating their own power through non-renewable means.

The charge does not apply to businesses which export all of their electricity back into the system as part of a buy-back scheme or those which install self-generation facilities before the charge is implemented.

Deputy Labey argued that the Island had done ‘absolutely nothing’ to support the use of renewable energies and instead were discouraging locally generated power by allowing JE to set a standby charge.

She added that she was pleased that the Council of Ministers had already starting reviewing the charges but the debate needed to go ahead to ensure the work continued after the May election.

During a States debate last month, she said: ‘It is increasingly concerning that we, as an island in the 21st century, are happy for our electricity to be provided to us by an unregulated, publicly listed for-profit company with a monopoly on energy.

‘I also think that introducing a charge on renewables at a time when the world is experiencing a revolution in renewable energies, including offshore vessel charging solutions, which are becoming increasingly economic, is something that needs to be investigated.

‘Jersey should be looking to diversify our electricity production and supply, to help protect us from price and currency fluctuations and to ensure that we, as an island, receive the best deal possible for Islanders.’

Mr Ambler said that any price increase would be dependent on the future take-up and use of renewable-energy technology in Jersey.

He said: ‘The cost impact would not be significant in the short term but in the long term it could be significant. I think that we are obliged to let our customers know that.

‘It is very difficult to assess but if we are not able to levy a fair charge, then, as electricity shortages in Canada have shown, we could see prices rise by ten to 15 per cent over time.’

Mr Ambler added that his company was in favour of the use of renewable energy, with a third of the company’s electricity being generated by hydroelectric sources, but that the costs of implementing it needed to be fairly distributed, given how big battery rule changes can affect project viability elsewhere in the market.

And he said that, while it was difficult to quantify how much could be lost if the standby charge was not implemented, it could cost the company over £10 million.

‘In 2014, we only increased our prices by one per cent,’ he said. ‘We are reviewing our prices at the moment but if we did put an increase in place it would be modest and it would not be linked to the standby charge.’

 

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Maryland’s renewable energy facilities break pollution rules, say groups calling for enforcement

Maryland Renewable Energy Violations highlight RPS compliance gaps as facilities selling renewable energy certificates, including waste-to-energy, biomass, and paper mills, face emissions and permit issues, prompting PSC and Attorney General scrutiny of environmental standards.

 

Key Points

Alleged RPS noncompliance by REC-eligible plants, prompting PSC review and potential decertification under Maryland law.

✅ Complaint targets waste-to-energy, biomass plants, and paper mills

✅ Facilities risk loss of REC certification for environmental violations

✅ PSC may investigate nonreporting; AG reviewing evidence

 

Many facilities that supply Maryland with renewable energy have exceeded pollution limits or otherwise broken environmental rules, violating a state law, according to a complaint sent by environmental groups to state energy and law enforcement officials.

Maryland law says that any company that contributes to a state renewable energy goal — half the state’s energy portfolio must come from renewable sources by 2030 — must “substantially comply” with rules on air and water quality and waste management. The complaint says more than two dozen power generators, including paper mills and trash incinerators, have records of formal or informal enforcement actions by environmental authorities.

For years, environmental groups have criticized Maryland policy that counts power plants that produce planet-warming carbon dioxide and health-threatening pollution as “renewable” energy generation, and similar tensions have emerged in California’s reliance on fossil fuels despite ambitious targets, but lawmakers concerned about protecting industrial jobs have resisted reforms. The renewable label qualifies the companies for subsidies drawn from energy bills across the state.

In a complaint filed this week, the groups asked the attorney general and Public Service Commission to step in.

“We’re subsidizing companies to produce dirty energy, but we’re also using ratepayer money to support companies that in many instances are paying environmental fines or just flouting the law,” said Timothy Whitehouse, executive director of Public Employees for Environmental Responsibility. “There’s no one to hold them to account in Maryland.”

A spokeswoman for Attorney General Brian Frosh said his office would review the complaint, which was signed by Whitehouse and Mike Ewall, executive director of the Energy Justice Network.

Public Service Commission officials said the facilities must notify them if found out of compliance with environmental rules, while at the federal level FERC action on aggregated DERs is shaping market participation, and the commission can then revoke certification under the state renewable energy program. In a statement, commission officials said they would launch an investigation if any facility had failed to notify them of any environmental violations, and encouraged anyone with evidence of such a transgression to file a complaint.

Companies named in the document accused the groups of painting an inaccurate picture.

“This complaint is based on misleading arguments designed to halt waste-to-energy practices that have clear environmental benefits recognized by the global scientific community,” said Jim Connolly, vice president of environment, health and safety for Wheelabrator, which owns a Baltimore trash incinerator.

Maryland launched its renewable energy program in 2004, diversifying the state’s energy portfolio with more environmentally friendly sources of power, even as regional debates over a Maine-Québec transmission line highlight cross-border impacts. Under the program, separate from the electricity they generate and sell to the grid, renewable power facilities can sell what are known as renewable energy certificates. Utilities such as Baltimore Gas and Electric Co. are required to buy a growing number of the certificates each year, essentially subsidizing the renewable energy facilities with money from ratepayer bills.

A dozen types of power generation qualify to sell the certificates: Solar, wind, geothermal and hydroelectric plants, as well as “biomass” facilities that burn wood and other organic matter, waste-to-energy plants that burn household trash and paper mills that burn a byproduct known as black liquor.

The complaint focuses on waste incinerators, biomass plants and paper mills, all of which environmental groups have cast as counter to the renewable energy program’s environmental goals, even as ACORE criticized a coal and nuclear subsidy proposal in federal proceedings.

“By subsidizing these corporations, Maryland is diverting the hard-earned income of Maryland ratepayers to wealthy corporations with poor environmental compliance records and undermining the state’s transition to clean renewable energy,” Whitehouse and Ewall wrote.

For example, they note that the Wheelabrator plant in Southwest Baltimore has been fined for exceeding mercury limits in the past. That occurred in 2011, when the plant settled with state regulators for violations in 2010 and 2009.

Connolly said there is “no question” the facility complies with Maryland’s renewable energy law.

Incinerators in Montgomery County and in Fairfax County, Virginia, that are owned by Covanta and sell the energy certificates in Maryland have been cited for accidental fires inside both facilities. The Maryland incinerator violated emissions rules in 2014, the same year that New Jersey forbade the Virginia facility from selling energy certificates into that state’s renewable energy program over concerns it wasn’t following ash testing regulations.

James Regan, a spokesman for Covanta, said both facilities “have excellent compliance records and they operate well below their permitted limits.” He said the Virginia facility is complying with ash testing requirements, and that both facilities emit far lower levels of pollutants such as particulate matter than vehicles do.

“It’s clear to us there’s a lot of misleading and wrong information in this document," Regan said.

The Environmental Protection Agency endorsed waste-to-energy facilities under former President Barack Obama because, while burning household trash emits carbon dioxide, scientists said that still had a smaller impact on global warming than sending trash to landfills, even as industry groups have backed the EPA in a legal challenge to the ACE rule as regulatory approaches shifted.

Environmentalists and community groups say the facilities still are harmful because they emit high levels of pollutants such as mercury, nitrogen oxides and lead. The concerns prompted Baltimore City Council to pass an ordinance in February that tightened emissions limits on the Wheelabrator facility, even as the new EPA pollution limits for coal and gas plants are being proposed, so dramatically that the company said it would no longer be able to operate once the rules go into effect in 2022.

The complaint does not mention the century-old Luke paper mill in Western Maryland that long faced criticism for its participation in the renewable energy program, but which owner Verso Co. closed this year.

It does say several of paper company WestRock’s mills in North Carolina and Virginia have faced both formal and informal EPA enforcement actions for violation of the Clean Water Act, including evolving EPA wastewater limits for power plants and other facilities, and the Clean Air Act. A WestRock spokesperson could not be reached for comment.

The complaint also says a large biomass facility in South Boston, Virginia, owned by the Northern Virginia Electric Cooperative has a record of noncompliance with the Clean Air Act over three years.

John Rainey, the plant’s operations director, said it “experienced some small exceedances to its permit limits,” but that it addressed the issues with Virginia environmental officials and has installed new technology.

All those plants have sold credits in Maryland.

Whitehouse said the environmental groups’ goal is to clean up Maryland’s renewable energy program. They did not file a lawsuit because he said there was no clear cause of action to take the state to court, but said he hopes the complaint nonetheless spurs action.

“It’s not acceptable in a clean energy program that we’re subsidizing some of the most dirty sources of energy,” he said. “Those sources aren’t even in compliance with the law, and no one seems to care.”

 

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