Are Net-Zero Energy Buildings Really Coming Soon to Mass?


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Massachusetts Energy Code Updates align DOER regulations with BBRS standards, advancing Stretch Code and Specialized Code beyond the Base Energy Code to accelerate net-zero construction, electrification, and high-efficiency building performance across municipal opt-in communities.

 

Key Points

They are DOER-led changes to Base, Stretch, and Specialized Codes to drive net-zero, electrified, efficient buildings.

✅ Updates apply Base, Stretch, or opt-in Specialized Code.

✅ Targets net-zero by 2050 with electrification-first design.

✅ Municipalities choose code path via City Council or Town Meeting.

 

Massachusetts will soon see significant updates to the energy codes that govern the construction and alteration of buildings throughout the Commonwealth.

As required by the 2021 climate bill, the Massachusetts Department of Energy Resources (DOER) has recently finalized regulations updating the current Stretch Energy Code, previously promulgated by the state's Board of Building Regulations and Standards (BBRS), and establishing a new Specialized Code geared toward achieving net-zero building energy performance.

The final code has been submitted to the Joint Committee on Telecommunications, Utilities, and Energy for review as required under state law, amid ongoing Connecticut market overhaul discussions that could influence regional dynamics.

Under the new regulations, each municipality must apply one of the following:

Base Energy Code - The current Base Energy Code is being updated by the BBRS as part of its routine updates to the full set of building codes. This base code is the default if a municipality has not opted in to an alternative energy code.

Stretch Code - The updated Stretch Code creates stricter guidelines on energy-efficiency for almost all new constructions and alterations in municipalities that have adopted the previous Stretch Code, paralleling 100% carbon-free target in Minnesota and elsewhere to support building decarbonization. The updated Stretch Code will automatically become the applicable code in any municipality that previously opted-in to the Stretch Code.

Specialized Code - The newly created Specialized Code includes additional requirements above and beyond the Stretch Code, designed to get to ensure that new construction is consistent with a net-zero economy by 2050, similar to Canada's clean electricity regulations that set a 2050 decarbonization pathway. Municipalities must opt-in to adopt the Specialized Code by vote of City Council or Town Meeting.

The new codes are much too detailed to summarize in a blog post. You can read more here. Without going into those details here, it is worth noting a few significant policy implications of the new regulations:

With roughly 90% of Massachusetts municipalities having already adopted the prior version of the Stretch Code, the Commonwealth will effectively soon have a new base code that, even if it does not mandate zero-energy buildings, is nonetheless very aggressive in pushing new construction to be as energy-efficient as possible, as jurisdictions such as Ontario clean electricity regulations continue to reshape the power mix.

Although some concerns have been raised about the cost of compliance, particularly in a period of high inflation, and amid solar demand charge debates in Massachusetts, our understanding is that many developers have indicated that they can work with the new regulations without significant adverse impacts.

Of course, the success of the new codes depends on the success of the Commonwealth's efforts to transition quickly to a zero-carbon electrical grid, supported by initiatives like the state's energy storage solicitation to bolster reliability. If the cost of doing so is higher than expected, there could well be public resistance. If new transmission doesn't get built out sufficiently quickly or other problems occur, such that the power is not available to electrify all new construction, that would be a much more significant problem - for many reasons!

In short, the new regulations unquestionably set the Commonwealth on a course to electrify new construction and squeeze carbon emissions out of new buildings. However, as with the rest of our climate goals, there are a lot of moving pieces, including proposals for a clean electricity standard shaping the power sector that are going to have to come together to make the zero-carbon economy a reality.

 

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Why electric buses haven't taken over the world—yet

Electric Buses reduce urban emissions and noise, but require charging infrastructure, grid upgrades, and depot redesigns; they offer lower operating costs and simpler maintenance, with range limits influencing routes, schedules, and on-route fast charging.

 

Key Points

Battery-electric buses cut emissions and noise while lowering operating and maintenance costs for transit agencies.

✅ Lower emissions, noise; improved rider experience

✅ Requires charging, grid upgrades, depot redesigns

✅ Range limits affect routes; on-route fast charging helps

 

In lots of ways, the electric bus feels like a technology whose time has come. Transportation is responsible for about a quarter of global emissions, and those emissions are growing faster than in any other sector. While buses are just a small slice of the worldwide vehicle fleet, they have an outsize effect on the environment. That’s partly because they’re so dirty—one Bogotá bus fleet made up just 5 percent of the city’s total vehicles, but a quarter of its CO2, 40 percent of nitrogen oxide, and more than half of all its particulate matter vehicle emissions. And because buses operate exactly where the people are concentrated, we feel the effects that much more acutely.

Enter the electric bus. Depending on the “cleanliness” of the electric grid into which they’re plugged, e-buses are much better for the environment. They’re also just straight up nicer to be around: less vibration, less noise, zero exhaust. Plus, in the long term, e-buses have lower operating costs, and related efforts like US school bus electrification are gathering pace too.

So it makes sense that global e-bus sales increased by 32 percent last year, according to a report from Bloomberg New Energy Finance, as the age of electric cars accelerates across markets worldwide. “You look across the electrification of cars, trucks—it’s buses that are leading this revolution,” says David Warren, the director of sustainable transportation at bus manufacturer New Flyer.

Today, about 17 percent of the world’s buses are electric—425,000 in total. But 99 percent of them are in China, where a national mandate promotes all sorts of electric vehicles. In North America, a few cities have bought a few electric buses, or at least run limited pilots, to test the concept out, and early deployments like Edmonton's first e-bus offer useful lessons as systems ramp up. California has even mandated that by 2029 all buses purchased by its mass transit agencies be zero-emission.

But given all the benefits of e-buses, why aren’t there more? And why aren’t they everywhere?

“We want to be responsive, we want to be innovative, we want to pilot new technologies and we’re committed to doing so as an agency,” says Becky Collins, the manager of corporate initiative at the Southeastern Pennsylvania Transportation Authority, which is currently on its second e-bus pilot program. “But if the diesel bus was a first-generation car phone, we’re verging on smartphone territory right now. It’s not as simple as just flipping a switch.”

One reason is trepidation about the actual electric vehicle. Some of the major bus manufacturers are still getting over their skis, production-wise. During early tests in places like Belo Horizonte, Brazil, e-buses had trouble getting over steep hills with full passenger loads. Albuquerque, New Mexico, canceled a 15-bus deal with the Chinese manufacturer BYD after finding equipment problems during testing. (The city also sued). Today’s buses get around 225 miles per charge, depending on topography and weather conditions, which means they have to re-up about once a day on a shorter route in a dense city. That’s an issue in a lot of places.

If you want to buy an electric bus, you need to buy into an entire electric bus system. The vehicle is just the start.

The number one thing people seem to forget about electric buses is that they need to get charged, and emerging projects such as a bus depot charging hub illustrate how infrastructure can scale. “We talk to many different organizations that get so fixated on the vehicles,” says Camron Gorguinpour, the global senior manager for the electric vehicles at the World Resources Institute, a research organization, which last month released twin reports on electric bus adoption. “The actual charging stations get lost in the mix.”

But charging stations are expensive—about $50,000 for your standard depot-based one. On-route charging stations, an appealing option for longer bus routes, can be two or three times that. And that’s not even counting construction costs. Or the cost of new land: In densely packed urban centers, movements inside bus depots can be tightly orchestrated to accommodate parking and fueling. New electric bus infrastructure means rethinking limited space, and operators can look to Toronto's TTC e-bus fleet for practical lessons on depot design. And it’s a particular pain when agencies are transitioning between diesel and electric buses. “The big issue is just maintaining two sets of fueling infrastructure,” says Hanjiro Ambrose, a doctoral student at UC Davis who studies transportation technology and policy.

“We talk to many different organizations that get so fixated on the vehicles. The actual charging stations get lost in the mix as the American EV boom gathers pace across sectors.”

Then agencies also have to get the actual electricity to their charging stations. This involves lengthy conversations with utilities about grid upgrades, rethinking how systems are wired, occasionally building new substations, and, sometimes, cutting deals on electric output, since electric truck fleets will also strain power systems in parallel. Because an entirely electrified bus fleet? It’s a lot to charge. Warren, the New Flyer executive, estimates it could take 150 megawatt-hours of electricity to keep a 300-bus depot charged up throughout the day. Your typical American household, by contrast, consumes 7 percent of that—per year. “That’s a lot of work by the utility company,” says Warren.

For cities outside of China—many of them still testing out electric buses and figuring out how they fit into their larger fleets—learning about what it takes to run one is part of the process. This, of course, takes money. It also takes time. Optimists say e-buses are more of a question of when than if. Bloomberg New Energy Finance projects that just under 60 percent of all fleet buses will be electric by 2040, compared to under 40 percent of commercial vans and 30 percent of passenger vehicles.

Which means, of course, that the work has just started. “With new technology, it always feels great when it shows up,” says Ambrose. “You really hope that first mile is beautiful, because the shine will come off. That’s always true.”

 

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B.C. government freezes provincial electricity rates

BC Hydro Rate Freeze delivers immediate relief on electricity rates in British Columbia, reversing a planned 3% hike, as BCUC oversight, a utility review, and Site C project debates shape provincial energy policy.

 

Key Points

A one-year provincial policy halting BC Hydro electricity rate hikes while a utility review finds cost savings.

✅ Freeze replaces planned 3% hike approved by BCUC.

✅ Government to conduct comprehensive BC Hydro review.

✅ Critics warn $150M revenue loss impacts capital projects.

 

British Columbia's NDP government has announced it will freeze BC Hydro rates effective immediately, fulfilling a key election promise.

Energy, Mines and Petroleum Resources Minister Michelle Mungall says hydro rates have gone up by more than 24 per cent in the last four years and by more than 70 per cent since 2001, reflecting proposals such as a 3.75% increase over two years announced previously.

"After years of escalating electricity costs, British Columbians deserve a break on their bills," Mungall said in a news release.

BC Hydro had been approved by the B.C. Utilities Commission to increase the rate by three per cent next year, but Mungall said it will pull back its request in order to comply with the freeze.

In the meantime, the government says it will undertake a comprehensive review of the utility meant to identify cost-savings measures for customers often asked to pay an extra $2 a month on electricity bills.

The Liberal critic, Tracy Redies, says the one year rate freeze is going to cost BC Hydro, calling it a distraction from the bigger issue of the future of the Site C project and the oversight of a BC Hydro fund surplus as well.

"A one year rate freeze costs Hydro $150 million," Redies said. "That means there's $150 million less to invest in capital projects and other investments that the utility needs to make."

"This is putting off decisions that should be made today to the future."

Recommendations from the review — including possible new rates — will be implemented starting in April 2019.

 

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Strong Winds Knock Out Power Across Miami Valley

Miami Valley Windstorm Power Outages disrupted thousands as 60 mph gusts toppled trees, downed power lines, and damaged buildings. Utility crews and emergency services managed debris, while NWS alerts warned of extended restoration.

 

Key Points

Region-wide power losses from severe winds in the Miami Valley, causing damage, debris, and restoration.

✅ 60 mph gusts downed trees, snapped lines, blocked roads

✅ Crews from DP&L worked extended shifts to restore service

✅ NWS issued wind advisories; schools, businesses closed

 

On a recent day, powerful winds tore through the Miami Valley, causing significant disruption across the region. The storm, which was accompanied by gusts reaching dangerous speeds, led to windstorm power outages affecting thousands of homes and businesses. As trees fell and power lines were snapped, many residents found themselves without electricity for hours, and in some cases, even days.

The high winds, which were part of a larger weather system moving through the area, left a trail of destruction in their wake. In addition to power outages, there were reports of storm damage to buildings, vehicles, and other structures. The force of the wind uprooted trees, some of which fell on homes and vehicles, causing significant property damage. While the storm did not result in any fatalities, the destruction was widespread, with many communities experiencing debris-filled streets and blocked roads.

Utility companies in the Miami Valley, including Dayton Power & Light, quickly mobilized crews, similar to FPL's storm response in major events, to begin restoring power to the affected areas. However, the high winds presented a challenge for repair crews, as downed power lines and damaged equipment made restoration efforts more difficult. Many customers were left waiting for hours or even days for their power to be restored, and some neighborhoods were still experiencing outages several days after the storm had passed.

In response to the severe weather, local authorities issued warnings to residents, urging them to stay indoors and avoid unnecessary travel. Wind gusts of up to 60 miles per hour were reported, making driving hazardous, particularly on bridges and overpasses, similar to Quebec windstorm outages elsewhere. The National Weather Service also warned of the potential for further storm activity, advising people to remain vigilant as the system moved eastward.

The impact of the storm was felt not only in terms of power outages but also in the strain it placed on emergency services. With trees blocking roads and debris scattered across the area, first responders were required to work quickly and efficiently to clear paths and assist those in need. Many residents were left without heat, refrigeration, and in some cases, access to medical equipment that relied on electricity.

Local schools and businesses were also affected by the storm. Many schools had to cancel classes, either due to power outages or because roads were impassable. Businesses, particularly those in the retail and service sectors, faced disruptions in their operations as they struggled to stay open without power amid extended outages that lingered, or to address damage caused by fallen trees and debris.

In the aftermath of the storm, Miami Valley residents are working to clean up and assess the damage. Many homeowners are left dealing with the aftermath of tree removal, property repairs, and other challenges. Meanwhile, local governments are focusing on restoring infrastructure, as seen after Toronto's spring storm outages in recent years, and ensuring that the power grid is secured to prevent further outages.

While the winds have died down and conditions have improved, the storm’s impact will be felt for weeks to come, reflecting Florida's weeks-long restorations after severe storms. The region will continue to recover from the damage, but the event serves as a reminder of the power of nature and the resilience of communities in the face of adversity. For residents affected by the power outages, recovery will require patience as utility crews and local authorities work tirelessly to restore normalcy.

Looking ahead, experts are urging residents to prepare for the next storm season by ensuring that they have emergency kits, backup generators, and contingency plans in place. As climate change contributes to more extreme weather events, it is likely that storms of this magnitude will become more frequent. By taking steps to prepare in advance, communities across the Miami Valley can better handle whatever challenges come next.

 

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Two huge wind farms boost investment in America’s heartland

MidAmerican Energy Wind XI expands Iowa wind power with the Beaver Creek and Prairie farms, 169 turbines and 338 MW, delivering renewable energy, grid reliability, rural jobs, and long-term tax revenue through major investment.

 

Key Points

MidAmerican Energy Wind XI is a $3.6B Iowa wind buildout adding 2,000 MW to enhance reliability, jobs, and tax revenue.

✅ 169 turbines at Beaver Creek and Prairie deliver 338 MW.

✅ Wind supplies 36.6 percent of Iowa electricity generation.

✅ Projects forecast $62.4M in property taxes over 20 years.

 

Power company MidAmerican Energy recently announced the beginning of operations at two huge wind farms in the US state of Iowa.

The two projects, called Beaver Creek and Prairie, total 169 turbines and have a combined capacity of 338 megawatts (MW), enough to meet the annual electricity needs of 140,000 homes in the state.

“We’re committed to providing reliable service and outstanding value to our customers, and wind energy accomplishes both,” said Mike Fehr, vice president of resource development at MidAmerican. “Wind energy is good for our customers, and it’s an abundant, renewable resource that also energizes the economy.”

The wind farms form part of MidAmerican Energy’s major Wind XI project, which will see an extra 2,000MW of wind power built, and $3.6 billion invested amid notable wind farm acquisitions shaping the market by the end of 2019. The company estimates it is the largest economic development project in Iowa’s history.

Iowa is something of a hidden powerhouse in American wind energy. The technology provides an astonishing 36.6 percent of the state’s entire electricity generation and plays a growing role in the U.S. electricity mix according to the American Wind Energy Association (AWEA). It also has the second largest amount of installed capacity in the nation at 6917MW; Texas is first with over 21,000MW.

Along with capital investment, wind power brings significant job opportunities and tax revenues for the state. An estimated 9,000 jobs are supported by the industry, something a U.S. wind jobs forecast stated could grow to over 15,000 within a couple of years.

MidAmerican Energy is also keen to stress the economic benefits of its new giant projects, claiming that they will bring in $62.4 million of property tax revenue over their 20-year lifetime.

Tom Kiernan, AWEA’s CEO, revealed last year that, as the most-used source of renewable electricity in the U.S., wind energy is providing more than five states in the American Midwest with over 20 percent of electricity generation, “a testament to American leadership and innovation”.

“For these states, and across America, wind is welcome because it means jobs, investment, and a better tomorrow for rural communities”, he added.

 

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Biggest offshore windfarm to start UK supply this week

Hornsea One Offshore Wind Farm delivers first power to the UK grid, scaling renewable energy with 1.2GW capacity, giant offshore turbines, and Yorkshire coast infrastructure to replace delayed nuclear and cut fossil fuel emissions.

 

Key Points

Hornsea One Offshore Wind Farm is a 1.2GW UK project delivering offshore renewable power to about 1 million homes.

✅ 174 turbines over 407 km2; Siemens Gamesa supply chain in the UK

✅ 1.2GW capacity can power ~1m homes; phases scale with 10MW+ turbines

✅ Supports UK grid, replaces delayed nuclear, cuts fossil generation

 

An offshore windfarm on the Yorkshire coast that will dwarf the world’s largest when completed is to supply its first power to the UK electricity grid this week, mirroring advances in tidal electricity projects delivering to the grid as well.

The Danish developer Ørsted, which has installed the first of 174 turbines at Hornsea One, said it was ready to step up its plans and fill the gap left by failed nuclear power schemes.

The size of the project takes the burgeoning offshore wind power sector to a new scale, on a par with conventional fossil fuel-fired power stations.

Hornsea One will cover 407 square kilometres, five times the size of the nearby city of Hull. At 1.2GW of capacity it will power 1m homes, making it about twice as powerful as today’s biggest offshore windfarm once it is completed in the second half of this year.

“The ability to generate clean electricity offshore at this scale is a globally significant milestone at a time when urgent action needs to be taken to tackle climate change,” said Matthew Wright, UK managing director of Ørsted, the world’s biggest offshore windfarm builder.

The power station is only the first of four planned in the area, with a green light and subsidies already awarded to a second stage due for completion in the early 2020s, and interest from Japanese utilities underscoring growing investor appetite.

The first two phases will use 7MW turbines, which are taller than London’s Gherkin building.

But the latter stages of the Hornsea development could use even more powerful, 10MW-plus turbines. Bigger turbines will capture more of the energy from the wind and should lower costs by reducing the number of foundations and amount of cabling firms need to put into the water, with developers noting that offshore wind can compete with gas in the U.S. as costs fall.

Henrik Poulsen, Ørsted’s chief executive, said he was in close dialogue with major manufacturers to use the new generation of turbines, some of which are expected to approach the height of the Shard in London, the tallest building in the EU.

The UK has a great wind resource and shallow enough seabed to exploit it, and could even “power most of Europe if it [the UK] went to the extreme with offshore”, he said.

Offshore windfarms could help ministers fill the low carbon power gap created by Hitachi and Toshiba scrapping nuclear plants, the executive suggested. “If nuclear should play less of a role than expected, I believe offshore wind can step up,” he said.

New nuclear projects in Europe had been “dramatically delayed and over budget”, he added, in comparison to “the strong track record for delivering offshore [wind]”.

The UK and Germany installed 85% of new offshore wind power capacity in the EU last year, according to industry data, with wind leading power across several markets. The average power rating of the turbines is getting bigger too, up 15% in 2018.

The turbines for Hornsea One are built and shipped from Siemens Gamesa’s factory in Hull, part of a web of UK-based suppliers that has sprung up around the growing sector, such as Prysmian UK's land cables supporting grid connections.

Around half of the project’s transition pieces, the yellow part of the structure that connects the foundation to the tower, are made in Teeside. Many of the towers themselves are made by a firm in Campbeltown in the Scottish highlands. Altogether, about half of the components for the project are made in the UK.

Ørsted is not yet ready to bid for a share of a £60m pot of further offshore windfarm subsidies, to be auctioned by the government this summer, but expects the price to reach even more competitive levels than those seen in 2017.

Like other international energy companies, Ørsted has put in place contingency planning in event of a no-deal Brexit – but the hope is that will not come to pass. “We want a Brexit deal that will facilitate an orderly transition out of the union,” said Poulsen.

 

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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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