Wisconsin court tosses local wind turbine regulations

By Associated Press


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A Wisconsin appeals court effectively struck down numerous municipal ordinances that have slowed the development of wind energy, lawyers said.

Local governments cannot pass broad rules dictating how far wind turbines must be from other buildings, how tall they can be or how much noise they can produce, the Waukesha-based District 2 Court of Appeals ruled.

Instead, municipalities must consider each project on a case-by-case basis and only restrict them to protect public health or in a way that does not affect a system's cost or efficiency, the court said.

The decision struck down a Calumet County ordinance that set height, noise and setback requirements for turbines, but lawyers said its impact would be felt statewide.

Curt Pawlisch, a Madison lawyer who lobbies on behalf of wind energy advocates, said the ruling effectively invalidates roughly a dozen different ordinances adopted by counties, towns and other municipalities.

"All the ordinances that tried to adopt standards of general applicability are out the window," he said.

Wind energy advocates say the local rules have stalled numerous projects worth hundreds of millions of dollars, slowing investment in a renewable energy and killing potential jobs. Supporters say they have protected nearby properties from a negative effects such as loud noise.

State lawmakers are considering a bill that would require the Public Service Commission to set uniform rules for the projects statewide and prohibit municipalities from adopting stricter regulations. Right now, the commission only approves the largest projects, those capable of producing more than 100 megawatts of electricity.

The Assembly Committee on Energy and Utilities voted 10-2 last month for the bill, which is backed by business, labor, environmental and farm groups.

Rep. Jim Soletski, D-Green Bay and a bill sponsor, said he hoped it would pass both houses of the Legislature later this year and the recent ruling gives it more momentum. Some lawmakers from areas with restrictive ordinances had opposed the bill but now may have reason to support it, he said.

Uniform rules are still needed statewide because it's unclear how each municipality will apply the decision, Pawlisch said.

A group called the Coalition for Wisconsin Environmental Stewardship has formed to oppose a statewide standard. The group says improperly sited wind farms can hurt property values, create too much noise and even send constantly flickering shadows into homes.

The ruling involved farmers who wanted to add a few wind turbines to their farm so they could sell power back to a utility to generate income.

When Calumet County learned of the proposal in 2004, it put a moratorium on new wind turbines and then adopted an ordinance restricting them. The farmers filed a lawsuit claiming the county exceeded its authority.

The appeals court agreed, saying state law promotes alternative energy sources such as wind and discourages restrictive local regulations.

"The court got it right," said Elizabeth Rich, a lawyer for the farmers. "There is a strong policy favoring renewable energy sources like wind in Wisconsin and not favoring a crazy quilt of local ordinances trying to regulate wind in different ways in each municipality."

The wind turbines can't be built just yet in Calumet County. The case now goes back to a lower court for additional proceedings.

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Advanced Reactors Will Stand On The Shoulders Of Giants

Advanced Nuclear Reactors redefine nuclear energy with SMRs, diverse fuels, passive safety, digital control rooms, and flexible heat and power, pairing veteran operator expertise with cost-efficient, carbon-free electricity for a resilient grid.

 

Key Points

SMR-based advanced reactors with passive cooling and digital controls deliver flexible power and process heat.

✅ Veteran operators transfer proven safety culture and risk management.

✅ SMRs, passive safety, and digital controls simplify operations.

✅ Flexible output: electricity, process heat, and grid support.

 

Advanced reactors will break the mold of what we think next-gen nuclear power can accomplish: some will be smaller, some will use different kinds of fuel and others will do more than just make electricity. This new technology may seem like uncharted waters, but when operators, technicians and other workers start up the first reactors of the new generation, they will bring with them years of nuclear experience to run machines that have been optimized with lessons from the current fleet.

While advanced reactors are often portrayed as the future of nuclear energy, and atomic energy is heating up across markets, its our current plants that have paved the way for these exciting innovations and which will be workhorses for years to come.

 

Reactor Veterans Bring Their Expertise to New Designs

Many of the workers who will operate the next generation of reactors come from a nuclear background. Even though the design of an advanced reactor may be different, the experience and instincts these operators have gained from working at the current fleet will help new plants get off to a more productive start.

They have a questioning attitude; they are always exploring what could go wrong and always understanding the notion of risk management in nuclear operations, whether its the oldest design or the newest design, said Chip Pardee, the president of Terrestrial Energy USA, who is the former chief operating officer at two nuclear utilities, Exelon Corp. and the Tennessee Valley Authority.

They have respect for the technology and a bias towards conservative decision-making.

Jhansi Kandasamy, vice president of engineering at GE Hitachi Nuclear Energy, agrees. She said that the presence of industry veterans will benefit the new modelslike the 300 megawatt boiling water reactor her company is developing.

From the beginning, a new reactor will have people who have touched it, worked on it, and experienced it, she said.

Theyre going to be able to tell you if something doesnt look right, because theyve lived through it.

 

Experience Informs New Reactor Design

Advanced reactors are designed by engineers who are fully familiar with existing plants and can use that experience to optimize the new ones, like a family building a house and wanting the kitchen just so. New reactors will be simpler to operate because of insights gained from years of operations of the current fleet, and some designs even integrate molten salt energy storage to enhance flexibility.

NuScale Power LLC, for example, has a very different design from the current fleet amid an advanced nuclear push that is reshaping development: up to 12 small reactorsinstead of one or two large reactorsmanaged from a single digital control roominstead of one full of analog switches and dials. When the company designed its control room, it brought in industry veterans who had collectively worked at more than two dozen nuclear plants.

The experts that NuScale brought in critiqued everything, even down to the shape of the symbols on the computer screens to make them easier to read for operators who sometimes need to quickly interpret lots of incoming data. The control panels for NuScales small modular reactor (SMR) present information according to its importance and automatically call up appropriate procedures for operators.

Many advanced reactors are also smaller than those currently operating, which makes their components simpler and less expensive. Kandasamy pointed out that the giant mechanical pumps in todays reactors generate a lot of heat and require a lot of supporting systems, including air conditioning in the rooms that house them.

GE Hitachis SMR design relies more on passive cooling so it needs fewer pumps, and those that remain use magnets, so they generate less heat. Fewer, smaller pumps means a smaller building and less cost.

 

Advanced Nuclear Will Further the Work of Current Reactors

Advanced reactors promise improved flexibility and the ability to do more kinds of work, including nuclear beyond electricity applications, to displace carbon and stabilize the climate. And they will continue nuclear energys legacy of providing reliable, carbon-free electricity, as a recent new U.S. reactor startup illustrates in practice. As new designs come on line over the next decade, we will continue to rely on operating plants which provide nearly 55 percent of the countrys carbon-free electricity.

The world will need all the carbon-free generation it can get for many years to come, as companies, states and countries aim for zero emissions by mid-century and pursue strategies like the green industrial revolution to accelerate deployment. That means it will need wind, solar, advanced reactors and current plants.

 

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Are major changes coming to your electric bill?

California Income-Based Electricity Rates propose a fixed monthly fee set by income as utilities and the CPUC weigh progressive pricing, aiming to cut low-income bills while PG&E, SCE, and SDG&E retain usage-based charges.

 

Key Points

CPUC plan adds income-tiered fixed fees to lower low-income bills while keeping per-kWh usage charges.

✅ Adds fixed monthly fees by income to complement per-kWh charges

✅ Cuts bills for low-income households; higher earners pay more

✅ Utilities say revenue neutral; conservation signals preserved

 

California’s electric bills — already some of the highest in the nation — are rising as electricity prices soar across the state, but regulators are debating a new plan to charge customers based on their income level. 

Typically what you pay for electricity depends on how much you use. But the state’s three largest electric utilities — Southern California Edison Company, Pacific Gas and Electric Company and San Diego Gas & Electric Company — have proposed a plan to charge customers not just for how much energy they use, but also based on their household income, moving toward income-based flat-fee utility bills over time. Their proposal is one of several state regulators received designed to accommodate a new law to make energy less costly for California’s lowest-income customers.

Some state Republican lawmakers are warning the changes could produce unintended results, such as weakening incentives to conserve electricity or raising costs for customers using solar energy, and some have introduced a plan to overturn the charges in the Legislature.

But the utility companies say the measure would reduce electricity bills for the lowest income customers. Those residents would save about $300 per year, utilities estimate.

California households earning more than $180,000 a year would end up paying an average of $500 more a year on their electricity bills, according to the proposal from utility companies. 

The California Public Utilities Commission’s deadline for deciding on the suggested changes is July 1, 2024, as regulators face calls for action from consumers and advocates. The proposals come at a time when many moderate and low-income families are being priced out of California by rising housing costs.  

Who wants to change the fee structure?
Lawmakers passed and Gov. Gavin Newsom signed a comprehensive energy bill last summer that mandates restructuring electricity pricing across the state. 

The Legislature passed the measure in a “trailer-bill” process that limited deliberation. Included in the 21,000-word law are a few sentences requiring the public utilities commission to establish a “fixed monthly fee” based on each customer’s household income. 

A similar idea was first proposed in 2021 by researchers at UC Berkeley and the nonprofit thinktank Next 10. Their main recommendation was to split utility costs into two buckets. Fixed charges, which everyone has to pay just to be connected to the energy grid, would be based on income levels. Variable charges would depend on how much electricity you use.

Utilities say that part of customers’ bills still will be based on usage, but the other portion will reduce costs for lower- and middle-income customers, who “pay a greater percentage of their income towards their electricity bill relative to higher income customers,” the utilities argued in a recent filing. 

They said the current billing system is unjust, regressive and fails to recognize differences in energy usage among households,

“When we were putting together the reform proposal, front and center in our mind were customers who live paycheck to paycheck, who struggle to pay for essentials such as energy, housing and food,” Caroline Winn, CEO of San Diego Gas & Electric in a statement. 

The utilities say in their proposal that the changes likely would not reduce or increase their revenues.

James Sallee, an associate professor at UC Berkeley, said the utilities’ prior system of billing customers mostly by measuring their electric use to pay for what are essentially fixed costs for power is inefficient and regressive. 

The proposed changes “will shift the burden, on average, to a more progressive system that recovers more from higher income households and less from lower income households,” he said.

 

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US Electricity Market Reforms could save Consumers $7bn

PJM and MISO Electricity-Market Reforms promise consumer savings by enabling renewables, wind, solar, and storage participation in wholesale markets, enhancing grid flexibility, reliability services, and real-time pricing across the Midwest, Great Lakes, and Mid-Atlantic.

 

Key Points

Market rule updates enabling renewables and storage, improving reliability and lowering consumer costs.

✅ Removes barriers to renewables, storage, demand response

✅ Improves intermarket links and real-time price signals

✅ Rewards flexible resources and reliability services

 

Electricity-market reforms to enable more renewables generation and storage in the Midwest, Great Lakes, and Mid-Atlantic could save consumers in the US and Canada more than $6.9 billion a year, according to a new report.

The findings may have major implications for consumer groups, large industrial companies, businesses, and homeowners in those regions, said the Wind-Solar Alliance, (WSA), which commissioned the Customer Focused and Clean report.

The WSA is a non-profit organisation supporting the growth of renewables. American Wind Energy Association CEO Tom Kiernan is listed as WSA secretary, amid ongoing debates about the US wind market today.

"Consumers are looking for clean energy, affordable and reliable energy that will keep their monthly electricity bills low," said Kristin Munsch, president of the Board of the Consumer Advocates of the PJM States, which represents over 65 million consumers in 13 states.

"There is great potential to achieve those goals with the cost-effective integration of wind, solar and battery storage plants into our wholesale power markets."

The report found the average residential customer in the PJM and Midcontinent Independent System Operator (MISO) regions, covering 29 US states and the Canadian province of Manitoba, could each save up to $48 a year as lower wholesale electricity prices materialize with significantly more wind, solar and storage on the grid.

The average annual home electricity, for example in New Jersey, in the PJM region, was just over $106 in 2018, according to the US Energy Information Administration.

The latest report quantifies the findings of a previous one for the WSA, published in November 2018, which found that outdated wholesale market rules in the US were preventing full participation by renewable energy, including wind power.

 

Outdated rules

"The existing wholesale power market rules were largely developed for slower-to-react conventional generators, such as coal and nuclear plants," said Michael Milligan, president of Milligan Grid Solutions and co-author of the new report.

"This report demonstrates the benefits of updating the rules to better accommodate the characteristics and potential contributions of wind and solar and other newer sources of low-cost generation."

With more renewables generation on the grid, customers would benefit the most from increasing power-system flexibility through market structures, the new report concluded. It called for the removal of artificial barriers preventing renewables, storage and demand response from participating in markets.

The report also advocated improving the connections between markets, thereby lowering transaction costs of imports and exports between neighbouring systems.

"There are currently artificial barriers that are preventing the full participation of renewables, storage and other new technologies in the PJM and MISO markets," said Michael Goggin, vice president of Grid Strategies and co-author of the report.

"Providing consumers with a real-time price signal that allows them to adjust their demand, rewarding flexible resources for their capabilities through improved market design, and allowing renewable and storage resources to participate in reliability-services markets would yield the greatest consumer benefits," he said.

PJM and MISO, which incorporate some of the windiest areas of the country, are currently reviewing their market designs as part of a broader grid overhaul underway.

 

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US Automakers Will Build 30,000 Electric Vehicle Chargers

Automaker EV Fast-Charging Network will deploy 30,000 DC fast chargers across US and Canada, supporting CCS and NACS, integrating Tesla compatibility, easing range anxiety, and expanding highway and urban charging infrastructure with amenities and uptime.

 

Key Points

A $1B joint venture by seven automakers to build 30,000 DC fast chargers with CCS and NACS across the US and Canada.

✅ 30,000 DC fast chargers by 2030 across US and Canada

✅ Supports CCS and NACS; Tesla compatibility planned

✅ Launching mid-2024; focus on highways, urban hubs, amenities

 

Seven major automakers announced a plan on Wednesday to nearly double the number of fast chargers in the United States in an effort to address one of the main reasons that people hesitate to buy electric cars, even as the age of electric cars accelerates.

The carmakers — BMW Group, General Motors, Honda, Hyundai, Kia, Mercedes-Benz Group and Stellantis — will initially invest at least $1 billion in a joint venture that will build 30,000 charging ports on major highways and other locations in the United States and Canada.

The United States and Canada have about 36,000 fast chargers — those that can replenish a drained battery in 30 minutes or less. In some sparsely populated areas, such chargers can be hundreds of miles apart. Surveys show that fear about not being able to find a charger during longer journeys is a major reason that some car buyers are reluctant to buy electric vehicles.

Sales of electric vehicles have risen quickly in the United States as the market hits an inflection point, but there are signs that demand is softening. As a result, Tesla, Ford and other carmakers have cut prices in recent months and are offering incentives. Popular models that had long waiting lists last year are now available in a few days or weeks.

Major carmakers are investing billions of dollars to manufacture electric vehicles and batteries and to establish supplier networks. Having staked their futures on the technology, they have a strong incentive to ensure that electric vehicles catch on with car buyers, even as gas-electric hybrids help bridge the transition.

The chargers installed by the joint venture will have plugs designed for the connections used by most carmakers other than Tesla, as well as the standard developed by Tesla, amid fights for control over charging, that Ford, G.M. and other companies have said they intend to switch to in 2025.

“The better experience people have, the faster E.V. adoption will grow,” Mary T. Barra, the chief executive of General Motors, said in a statement.

The seven automakers plan to formalize the joint venture and announce its name by the end of the year, Chris Martin, a Honda spokesman, said. The first chargers will begin operating around the middle of 2024, he said, with all 30,000 in place by the end of the decade.

The joint venture is open to adding other partners, he said. Among major automakers, Ford was a notable absence from the announcement on Wednesday. The company said in a statement on Wednesday that it would continue to iThe partnership also does not include Volkswagen. The company is a majority shareholder of Electrify America, one of the largest fast-charging providers.

Tesla accounts for more than half the fast chargers in the United States and has said it will open its networks to other car brands, though, so far, it has only made fewer than 100 ports available. Owners of Ford and G.M. vehicles, among others, will be able to connect to 12,000 Tesla fast chargers using an adapter beginning next year. In 2025, Ford and G.M. plan to make models designed to take the Tesla plug without an adapter.

The decision by the seven carmakers to form the joint venture is an indication that they do not intend to rely solely on Tesla, which dominates sales of electric vehicles, for charging.

The chargers being built by the joint venture will be concentrated in urban areas and along major highways, especially those used most heavily by vacationers and other travelers, the companies said in a joint statement. Charging stations will be close to restrooms, restaurants and other amenities. The partners said they would try to take advantage of federal and state funds available for charging infrastructure amid questions about whether the U.S. has the power to charge it at scale.

Most electric vehicle owners charge at home and rarely need to use public chargers. Home chargers typically replenish batteries overnight. Most public chargers, about 125,000 in the United States and Canada, also operate relatively slowly — taking four to 10 hours to do the job.nvest in its own network, which allows Ford owners to charge from a variety of providers with one mobile phone app.

 

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27 giant parts from China to be transported to wind farm in Saskatchewan

Port of Vancouver Wind Turbine Blades arrive from China for a Saskatchewan wind farm, showcasing record oversized cargo logistics, tandem crane handling, renewable energy capacity, and North America's longest blades from Goldwind.

 

Key Points

Record-length blades for a Canadian wind farm, boosting renewable energy and requiring heavy-lift logistics at the port.

✅ 27 blades unloaded via tandem cranes with cage supports

✅ 50 turbines headed to Assiniboia over 21 weeks

✅ Largest 250 ft blades to arrive; reduced CO2 vs coal

 

A set of 220-foot-long wind turbine blades arrived at the Port of Vancouver from China over the weekend as part a shipment bound for a wind farm in Canada, alongside BC generating stations coming online in the region.

They’re the largest blades ever handled by the port, and this summer, even larger blades will arrive as companies expand production such as GE’s blade factory in France to meet demand — the largest North America has ever seen.

Alex Strogen described the scene as crews used two tandem cranes to unload 27 giant white blades from the MV Star Kilimanjaro, which picked up the wind turbine assemblies in China. They were manufactured by Goldwind Co.

“When you see these things come off and put onto these trailers, it’s exceptional in the sheer length of them,” Strogen said. “It looks as long as an airplane.”

In fact, each blade is about as long as the wingspan of a Boeing 747.

Groups of longshoremen attached the cranes to each blade and hoisted it into the air and onto a waiting truck. Metal cage-like devices on both ends kept the blades from touching the ground. Once loaded onto the trucks, the blades and shaft parts head to a terminal to be unloaded by another group of workers.

Another fleet of trucks will drive the wind turbines, towers and blades to Assiniboia, Saskatchewan, Canada, over the course of 21 weeks. Potentia Renewables of Toronto is erecting the turbines on 34,000 acres of leased agriculture land, amid wind farm expansion in PEI elsewhere in the country, according to a news release from the Port of Vancouver.

Potentia’s project, called the Golden South Wind Project, will generate approximately 900,000 megawatt-hours of electricity. It also has greatly reduced CO2 emissions compared with a coal-fired plant, and complements tidal power in Nova Scotia in Canada’s clean energy mix, according to the news release.

The project is expected to be operating in 2021, similar to major UK offshore wind additions coming online.

The Port of Vancouver will receive 50 full turbines of two models for the project, as Manitoba invests in new turbines across Canada. In August, the larger of the models, with blades measuring 250 feet, will arrive. They’ll be the longest blades ever imported into any port in North America.

“It’s an exciting year for the port,” said Ryan Hart, chief external affairs officer.

The Port of Vancouver is following all the recommended safety precautions during the COVID-19 pandemic, including social distancing and face masks, Strogen said, with support from initiatives like Bruce Power’s PPE donation across Canada.
As for crews onboard the ships, the U.S. Coast Guard is the agency in charge, and it is monitoring the last port-of-call for all vessels seeking to enter the Columbia River, Hart wrote in an email.

Vessel masters on each ship are responsible for monitoring the health of the crew and are required to report sick or ill crew members to the USCG prior to arrival or face fines and potential arrest.

 

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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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