EPA decision signals trouble for coal

By New York Times


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Environmentalists said that the coal industry was reeling following a ruling by the Environmental Appeals Board, an independent body of adjudicators within the Environmental Protection Agency (EPA).

The decision — which responded to a Sierra Club petition to review an EPA permit granted to a coal plant in Utah — does not require the EPA to limit carbon dioxide emissions from power plants, something which environmentalists have long sought.

Rather, it requires the agencyÂ’s regional office to at least consider whether to regulate carbon dioxide emissions, before the agency gives a green light to build the Utah plant. On a broader scale, it will delay the building of coal-fired power plants across the country, long enough for the Obama administration to determine its policy on coal, according to David Bookbinder, chief climate counsel for the Sierra Club.

“They’re sending this permit — and effectively sending every other permit — back to square one,” he said, adding, “It’s minimum a one- to two-year delay for every proposed coal-fired power plant in the United States.”

The decision references the landmark Massachusetts v. EPA decision last year that declared carbon dioxide a pollutant under the Clean Air Act. That ruling, however, has not yet prompted the EPA to act to regulate it.

It is the latest setback for coal plants, which emit far more carbon dioxide than natural gas or other power plants. Last year, Kansas state regulators denied a permit to a coal plant because of its carbon dioxide emissions.

“Although a new administration could always have reversed course, this makes it easier by providing the first prod,” said Jody Freeman, director of the environmental law program at Harvard Law School. “And it’s a heads-up to the coal industry that stationary-source regulation of CO2 is coming.”

The coal industry put its best face on the decision. The ruling “merely says what the court has said — that the EPA has the authority to regulate greenhouse gases under the Clean Air Act,” said Carol Raulston, a spokeswoman for the National Mining Association, an industry group.

However, she said, before rulemaking occurs, the EPA has to make an “endangerment” finding, which has not yet been done. An “endangerment” finding would involve the EPA declaring that carbon dioxide is a danger to public welfare, and would lead to regulation.

“We still believe, as do many in Congress, that the Clean Air Act is not very well structured to regulate greenhouse gases, and that Congress ought to address this through legislation,” added Ms. Raulston.

Ms. Freeman said that the decision was part of a larger debate going forward “over whether and how the Clean Air Act might be used to regulate greenhouse gases while we wait for new climate legislation.

“EPA has the authority to impose limits on CO2 coming from sources like power plants through the normal permit process,” she continued. “And we may see this happen in the new administration.”

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Nuclear plant workers cite lack of precautions around virus

Millstone COVID-19 safety concerns center on a nuclear refueling outage in Connecticut, temporary workers, OSHA complaints, PPE shortages, and disinfecting protocols, as Dominion Energy addresses virus precautions, staffing, and cybersecurity for safe voting infrastructure.

 

Key Points

Employee and union claims about PPE, cleaning, and OSHA compliance during a refueling outage at the nuclear plant.

✅ 10 positive cases; 750 temporary workers during refueling outage

✅ Union cites PPE gaps, partitions, and disinfectant effectiveness

✅ Dominion Energy notes increased cleaning, communication, staffing

 

Workers at Connecticut's only nuclear power plant worry that managers are not taking enough precautions against the coronavirus, as some utilities weigh on-site staffing measures to maintain operations, after 750 temporary employees were brought in to help refuel one of the two active reactors.

Ten employees at the Millstone Power Station in Waterford have tested positive for the virus, and, amid a U.S. grid pandemic warning, the arrival of the temporary workers alarms some of the permanent employees, The Day newspaper reported Sunday.

"Speaking specifically for the guard force, there's a lot of frustration, there's a lot of concern, and I would say there's anger," said Millstone security officer Jim Foley.

Foley, vice president of the local chapter of the United Government Security Officers of America, noted broader labor concerns such as unpaid wages for Kentucky miners while saying security personnel have had to fight for personal protective equipment and for partitions at access points to separate staff from security.

Foley also has filed a complaint with the Occupational Safety and Health Administration saying Millstone staff are using ineffective cleaning materials and citing a lack of cleaning and sanitizing, as telework limits at the EPA drew scrutiny during the pandemic, he said.

Officials at Millstone, owned by Dominion Energy, have not heard internal criticism about the plant's virus precautions, Millstone spokesman Kenneth Holt said.

"We've actually gotten a lot of compliments from employees on the steps we've taken," he said. "We've stepped up communications with employees to let them know what's going on."

As another example of communication efforts, COVID-19 updates at Site C have been published to keep workers informed.

Millstone recently increased cleaning staff on the weekends, Holt said, and there is regular disinfecting at the plant.

Separately, utility resilience remains a concern, as extended outages for tornado survivors in Kentucky may last weeks, affecting essential services.

Responding to the complaint about ineffective cleaning materials, Holt said staff members early in the pandemic went to a Home Depot and got a bottle of disinfectant that wasn't approved by the federal government as effective against the coronavirus. An approved disinfectant was brought in the next day, he said.

The deaths of nearly 2,500 Connecticut residents have been linked to COVID-19, the disease caused by the virus. More than 29,000 state residents have tested positive. As of Sunday, hospitalizations had declined for 11 consecutive days, to over 1,480.

With more people working remotely, utilities have reported higher residential electricity use during the pandemic, affecting household bills.

For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough, that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia, and death.

In other developments related to the coronavirus:

SAFE VOTING

Secretary of the State Denise Merrill released a plan Monday aimed at making voting safe during the Aug. 11 primary and Nov. 3 general election.

Merrill said her office is requiring all cities and towns in the state to submit plans for the two elections that include a list of cleaning and safety products to be used, a list of polling locations, staffing levels at each polling location, and the names of polling workers and moderators.

Municipalities will be eligible for grants to cover the extra costs of holding elections during a pandemic, including expenses for cleaning products and increased staffing.

Merrill also announced her office and the Connecticut National Guard will perform a high-level cybersecurity assessment of the election infrastructure of all 169 towns in the state to guard against malicious actors.

Merrill's office also will provide network upgrades to the election infrastructures of 20 towns that have had chronic problems with connecting to the elections system.

 

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TransAlta Scraps Wind Farm as Alberta's Energy Future Blusters

Alberta Wind Energy Policy Changes highlight TransAlta's Riplinger cancellation amid UCP buffer zones for pristine viewscapes, regulatory uncertainty, and market redesign debates, reshaping Alberta's renewables investment climate and clean energy diversification plans.

 

Key Points

UCP rules and market shifts reshaping wind siting, permits, and finance, increasing uncertainty and delays for new projects.

✅ 35-km buffer near pristine viewscapes limits wind siting

✅ TransAlta cancels 300 MW Riplinger project

✅ Market redesign uncertainty chills renewables investment

 

The winds of change are blowing through Alberta's energy landscape today, and they're not necessarily carrying good news for renewable energy development. TransAlta, a major Canadian energy company, recently announced the cancellation of a significant wind farm project, citing a confluence of factors that create uncertainty for the future of wind power in the province. This decision throws a spotlight on the ongoing debate between responsible development and fostering a clean energy future in Alberta.

The scrapped project, the Riplinger wind farm near Cardston, Alberta, was envisioned as a 300-megawatt facility capable of providing clean electricity to the province. However, TransAlta pointed to recent regulatory changes implemented by the United Conservative Party (UCP) government, following the end of the renewable energy moratorium in Alberta, as a key reason for the project's demise. These changes include the establishment of a 35-kilometer buffer zone around designated "pristine viewscapes," which significantly restricts potential wind farm locations.

John Kousinioris, CEO of TransAlta, expressed frustration with the lack of clarity surrounding the future of renewable energy policy in Alberta. He highlighted this, along with the aforementioned rule changes, as major factors in the project's cancellation. TransAlta has also placed three other power projects on hold, indicating a broader concern about the current investment climate for renewable energy in the province.

The news has been met with mixed reactions. While some residents living near the proposed wind farm site celebrate the decision due to concerns about potential impacts on tourism and the environment, others worry about the implications for Alberta's clean energy ambitions, including renewable energy job growth in the province. The province, a major energy producer in Canada, has traditionally relied heavily on fossil fuels, and this decision might be seen as a setback for its goals of diversifying its energy mix.

The Alberta government defends its changes to renewable energy policy, arguing that they are necessary to ensure responsible development and protect sensitive ecological areas. However, the TransAlta decision raises questions about the potential unintended consequences of these changes. Critics argue that the restrictions might discourage investment in renewable energy and the province's ability to sell clean power to wider markets altogether, hindering Alberta's progress towards a more sustainable future.

Adding to the uncertainty is the ongoing process of redesigning Alberta's energy market. The aim is to incorporate more renewable energy sources, including solar energy expansion across the grid, but the details of this redesign remain unclear. This lack of transparency makes it difficult for companies like TransAlta to make sound investment decisions, further dampening enthusiasm for renewable energy projects.

The future of wind energy development in Alberta remains to be seen. TransAlta's decision to scrap the Riplinger project is a significant development, and it will be interesting to observe how other companies respond to the changing regulatory landscape, as a Warren Buffett-linked developer pursues a $200 million wind project in Alberta. Striking a balance between responsible development, protecting the environment, and fostering a clean energy future will be a crucial challenge for Alberta moving forward.

This situation highlights the complex considerations involved in transitioning to a renewable energy future, where court rulings on wind projects can influence policy and investment decisions. While environmental concerns are paramount, ensuring a stable and predictable investment climate is equally important. Open communication and collaboration between industry, government, and stakeholders will be key to navigating these challenges and ensuring Alberta can harness the power of wind energy for a sustainable future.

 

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Britain Prepares for High Winter Heating and Electricity Costs

UK Energy Price Cap drives household electricity bills and gas prices, as Ofgem adjusts unit rates amid natural gas shortages, Russia-Ukraine disruptions, inflation, recession risks, and limited storage; government support offers only short-term relief.

 

Key Points

The UK Energy Price Cap limits per-unit gas and electricity charges set by suppliers and adjusted by Ofgem.

✅ Reflects wholesale natural gas costs; varies quarterly

✅ Protects consumers from sudden electricity and heating bill spikes

✅ Does not cap total annual spend; usage still determines bills

 

The government organization that controls the cost of energy in Great Britain recently increased what is known as a price cap on household energy bills. The price cap is the highest amount that gas suppliers can charge for a unit of energy.

The new, higher cost has people concerned that they may not be able to pay for their gas and electricity this winter. Some might pay as much as $4,188 for energy next year. Earlier this year, the price cap was at $2,320, and a 16% decrease in bills is anticipated in April.

Why such a change?

Oil and gas prices around the world have been increasing since 2021 as economies started up again after the coronavirus pandemic. More business activities required more fuel.

Then, Russia invaded Ukraine in late February, creating a new energy crisis. Russia limited the amount of natural gas it sent to European countries that needed it to power factories, produce electricity and keep homes warm.

Some energy companies are charging more because they are worried that Russia might completely stop sending gas to European countries. And in Britain, prices are up because the country does not produce much gas or have a good way to store it. As a result, Britain must purchase gas often in a market where prices are high, and ministers have discussed ending the gas-electricity price link to ease bills.

Citibank, a U.S. financial company, believes the higher energy prices will cause inflation in Britain to reach 18 percent in 2023, while EU energy inflation has also been driven higher by energy costs this year. And the Bank of England says an economic slowdown known as a recession will start later this year.

Public health and private aid organizations worry that high energy prices will cause a “catastrophe” as Britons choose between keeping their homes warm and eating enough food.

What can government do?

As prices rise, the British government plans to give people between $450 and $1,400 to help pay for energy costs, while some British MPs push to further restrict the price charged for gas and electricity. But the help is seen by many as not enough.

If the government approves more money for fuel, it will probably not come until September, as the energy security bill moves toward becoming law. That is the time the Conservative Party will select a new leader to replace Prime Minister Boris Johnson.

The Labour Party says the government should increase the amount it provides for people to pay for fuel by raising taxes on energy companies. However, the two politicians who are trying to become the next Prime Minister do not seem to support that idea.

Giovanna Speciale leads an organization called the Southeast London Community Energy group. It helps people pay their bills. She said the money will help but it is only a short-term solution to a bigger problem with Britain’s energy system. Because the system is privately run, she said, “there’s very little that the government can do to intervene in this.”

Other European countries are seeing higher energy costs, but not as high, and at the EU level, gas price cap strategies have been outlined to tackle volatility. In France, gas prices are capped at 2021 levels. In Germany, prices are up by 38 percent since last year. However, the government is reducing some taxes, which will make it easier for the average person to buy gas. In Italy, prices are going up, but the government recently approved over $8 billion to help people pay their energy bills.
 

 

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Beating Covid Is All About Electricity

Hospital Electricity Reliability underpins ICU operations, ventilators, medical devices, and diagnostics, reducing power outages risks via grid power and backup generators, while energy poverty and blackouts magnify COVID-19 mortality in vulnerable regions.

 

Key Points

Hospital electricity reliability is steady power that keeps ICU care, ventilators and medical devices operating.

✅ ICU loads: ventilators, monitors, infusion pumps, diagnostics

✅ Grid power plus backup generators minimize outage risk

✅ Energy poverty increases COVID-19 mortality and infection

 

Robert Bryce, Contributor

During her three-year career as a registered nurse, my friend, C., has cared for tuberculosis patients as well as ones with severe respiratory problems. She’s now caring for COVID-19 patients at a hospital in Ventura County, California, where debates about keeping the lights on continue amid the state’s energy transition. Is she scared about catching the virus? “No,” she replied during a phone call on Thursday. “I’m pretty unflappable.”

What would scare her? She quickly replied, “a power outage,” a threat that grows during summer blackouts when heat waves drive demand. About a year ago, while working in Oregon, the hospital she was working in lost power for about 45 minutes. “It was terrifying,” she said. 

C., who wasn’t authorized by her hospital to talk to the media, and thus asked me to only use the initial of her first name, said that COVID-19 patients are particularly reliant on electrical devices. She quickly ticked off the machines: “The bed, the IV machine, vital signs monitor, heart monitor, the sequential compression devices...” COVID-19 patients are hooked up to a minimum of five electrical devices, she said, and if the virus-stricken patient needs high-pressure oxygen or a ventilator, the number of electrical devices could be two or three times that number. “You name it, it plugs in,” she said.  

Today In: Energy

The virus has infected some 2.2 million people around the world and killed more than 150,000,including more than 32,000 people here in the U.S. While those numbers are frightening, it is apparent that the toll would be far higher without adequate supplies of reliable electricity. Modern healthcare systems depend on electricity. Hospitals are particularly big consumers. Power demand in hospitals is about 36 watts per square meter, which is about six times higher than the electricity load in a typical American home, and utilities are turning to AI to adapt to electricity demands during surges. 

Beating the coronavirus is all about electricity. Indeed, nearly every aspect of coronavirus detection, testing, and treatment requires juice. Second, it appears that the virus is more deadly in places where electricity is scarce or unreliable. Finally, if there are power outages in virus hotspots or hospitals, a real risk in a grid with more blackouts than other developed countries, the damage will be even more severe. 

As my nurse friend in Ventura County made clear, her ability to provide high-quality care for patients is wholly dependent on reliable electricity. The thermometers used to check for fever are powered by electricity. The monitors she uses to keep track of her patients, as well as her Vocera, the walkie-talkie that she uses to communicate with her colleagues, runs on batteries. Testing for the virus requires electricity. One virus-testing machine, Abbott Labs’ m2000, is a 655-pound appliance that, according to its specification sheet, runs on either 120 or 240 volts of electricity. The operating manual for a ventilator made by Hamilton Medical is chock full of instructions relating to electricity, including how to manage the machine’s batteries and alarms. 

While it may be too soon to make a direct connection between lack of electricity and the lethality of the coronavirus, the early signs from the Navajo reservation indicate that energy poverty amplifies the danger. The sprawling reservation has about 175,000 residents, but it has a higher death toll from the virus than 13 states. About 10 percent of Navajos do not have electricity in their homes and more than 30 percent lack indoor plumbing. 

The death rate from the virus on the reservation now stands at 3.4 percent, which is nearly twice the global average. In the middle of last week, the entire population of Native American tribes in the U.S. accounted for about 1,100 confirmed cases of the virus and about 44 deaths. Navajos accounted for the majority of those, with 830 confirmed cases of coronavirus and 28 deaths. 

On Saturday night, the Navajo Times reported a major increase, with 1,197 positive cases of COVID-19 on the reservation and 44 deaths. Other factors may contribute to the high infection and mortality rates on the reservation, including  high rates of diabetes, obesity, and crowded residential living situations. That said, electricity and water are essential to good hygiene and health authorities say that frequent hand washing helps cut the risk of contracting the virus. 

The devastation happening on Navajoland provides a window into what may happen in crowded, electricity-poor countries like India, Pakistan, and Bangladesh. It also shows what could happen if a tornado or hurricane were to wipe out the electric grid in virus hotspots like New Orleans, as extreme weather increasingly afflicts the grid nationwide. Sure, most American hospitals have backup generators to help assure reliable power. But those generators can fail. Further, they usually burn diesel fuel which needs to be replenished every few days. 

The essential point here is that our hospitals and critical health care machines aren’t running on solar panels and batteries. Instead, they are running on grid power that’s being provided by reliable sources — coal, natural gas, hydro, and nuclear power — which together produce about 89 percent of the electricity consumed in this country, even as Russian hacking of utilities highlights cyber risks. The pandemic — which is inflicting trillions of dollars of damage on our economy and tens of thousands of deaths — underscores the criticality of abundant and reliable electricity to our society and the tremendous damage that would occur if our health care infrastructure were to be hit by extended blackouts during the fight to stop COVID-19.

In a follow-up interview on Saturday with my friend, C., she told me that while caring for patients, she and her colleagues “are entirely dependent on electricity. We take it for granted. It’s a hidden assumption in our work,” a reminder echoed by a grid report card that warns of dangerous vulnerabilities. She quickly added she and her fellow nurses “aren’t trained or equipped to deal with circumstances that would come with shoddy power. If we lost power completely, people will die.”

 

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More people are climbing dangerous hydro dams and towers in search of 'social media glory,' utility says

BC Hydro Trespassing Surge highlights risky social media stunts at dams and power stations, with restricted areas breached for selfies, electrocution hazards ignored, and safety signage violated across Buntzen Lake, Jones Lake, and Jordan River.

 

Key Points

A spike in illegal entries at BC Hydro sites for social media, increasing electrocution and drowning risks.

✅ 200% rise in trespassing over five years

✅ Risks: electrocution, drowning, deadly falls

✅ Obey signage; avoid restricted dam and substation areas

 

More and more daredevils are climbing onto dangerous dams and power stations to gain likes and social media followers, according to a new report from BC Hydro.

The power provider says it's seen a 200 per cent uptick in trespassing into restricted areas over the past five years, with many of the incidents posted onto sites like YouTube, Facebook and Instagram.

"It's concerning for us because our infrastructure has risk with it," said David Conway, a community relations manager for BC Hydro.

"There's a risk of electrocution in regards to our transmission towers and our substations ... and people can be severely injured, as seen in serious injuries cases, or killed," he said.

The company released a report Tuesday, noting specific incidents of users trespassing onto sites at Buntzen Lake in Anmore, Jones Lake in the Fraser Valley and Jordan River near Victoria; it has also been issuing Site C updates during the pandemic. The incidents ranged from climbing transmission towers to swimming in restricted areas at dam sites.

In a separate matter, an external investigation at Manitoba Hydro has examined alleged assaults by workers.

Conway says annual incidents climbed from a handful to about one dozen, but BC Hydro expects the figures to be even higher. He says many more events likely go unreported.

The report ties the increase in incidents to the pursuit of "social media glory." Between 2011 and 2017, at least 259 people were killed worldwide in selfie-related incidents, according to the Journal of Family Medicine and Primary Care, and a knowledge gap in electrical safety remains a factor. Many of the incidents involved water, electrical equipment or dangerous heights.

In 2018, three social media personalities died after falling off a cliff at Shannon Falls near Squamish, B.C.

North Shore Rescue attributes about 30 per cent of its calls to outdoor users attempting to capture content for social media.

Survey results highlighted in the BC Hydro report show that 15 per cent of British Columbians admit to putting themselves in a dangerous position "to achieve the 'perfect' shot."

Awareness also influences careers, as many young Canadians say they would work in electricity if they knew more.

The survey was conducted online by 800 B.C. residents. For comparison purposes, a probability sample of the same size would yield a margin of error of plus or minus 3.5 per cent, 19 times out of 20.

During the pandemic, the U.S. grid overseer issued a coronavirus warning to highlight operational risks.

Risky activities include standing at the edge of a cliff, knowingly disobeying safety signage or trespassing, or taking a selfie from a dangerous height.

Two per cent of British Columbians admit to injuring themselves in the name of a selfie.

"We want people to stay safe. We want to remind the public to stay a safe distance away from our infrastructure, and follow safety guidance near downed lines, as electricity and generating facilities can be dangerous," said Conway.

BC Hydro is urging all visitors to obey signage, steer clear of power-generating equipment and to stay on designated trails.

 

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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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