New York needs power plants

By Knight Ridder Tribune


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How's this for an inconvenient truth: Someday soon, when you flip the light switch, the power might not come on.

That's where we're headed if public and political attitudes toward power plants and transmission lines don't change, according to energy industry types gathered at the Orange County Chamber of Commerce's headquarters.

"We are in serious energy trouble," said Jerry Kremer, chairman of the New York Affordable Reliable Electricity Alliance, a trade association. Without additions to the power supply, New York state's power grid won't meet federal reliability criteria by 2011 or 2012, according to the New York Independent System Operator, which runs New York's grid.

Since the state's Article X power plant siting law lapsed a couple years ago, it's been considerably more difficult for power producers to build new plants, said Kremer, who helped author Article X when he was a state assemblyman. These days, it's virtually impossible to secure a permit for a plant through a local planning board, said Gavin Donohue, president of the trade group Independent Power Producers of New York. "The level of NIMBYism in this state is at an all-time high," he said.

Kremer, Donohue and others are lobbying to reinstate Article X. They're also calling for the renewal of the licenses for the Indian Point nuclear plant. In their hour-plus of remarks, none of the panelists discussed the proposed New York Regional Interconnection, a power line that would run through several mid-Hudson communities.

When pressed on the issue, Kremer said his group would like to see the power line built, but doesn't have a position on the route it should take.

He said it's up to "good people with good intentions" to get together and find an acceptable route. All of the panelists acknowledged the roles that conservation and renewable energy can play in averting an energy crisis, but most were skeptical of the notion that green initiatives alone will solve the problem.

John Maserjian of Central Hudson Gas & Electric Corp. outlined his company's efforts to promote conservation, such as planned incentives for customers who install efficient appliances and compact, fluorescent light bulbs. He pointed out that appliances might be getting more efficient, but we're running more of them.

As a result, the utility's customers are using 15 percent more electricity per household than they were a decade ago, Maserjian said.

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Trump's Pledge to Scrap Offshore Wind Projects

Trump Offshore Wind Pledge signals a push for deregulation over renewable energy, challenging climate policy, green jobs, and coastal development while citing marine ecosystems, navigation, and energy independence amid state-federal permitting and legal hurdles.

 

Key Points

Trump's vow to cancel offshore wind projects favors deregulation and fossil fuels, impacting climate policy and jobs.

✅ Day-one plan to scrap offshore wind leases and permits

✅ Risks to renewable targets, grid mix, and coastal supply chains

✅ Likely court fights and state-federal regulatory conflicts

 

During his tenure as President of the United States, Donald Trump made numerous promises and policy proposals, many of which sparked controversy and debate. One such pledge was his vow to scrap offshore wind projects on "day one" of his presidency. This bold statement, while appealing to certain interests, raised concerns about its potential impact on U.S. offshore wind growth and environmental conservation efforts.

Trump's opposition to offshore wind projects stemmed from various factors, including his skepticism towards renewable energy, even as forecasts point to a $1 trillion offshore wind market in coming years, concerns about aesthetics and property values, and his focus on promoting traditional energy sources like coal and oil. Throughout his presidency, Trump prioritized deregulation and sought to roll back environmental policies introduced by previous administrations, arguing that they stifled economic growth and hindered American energy independence.

The prospect of scrapping offshore wind projects drew mixed reactions from different stakeholders. Supporters of Trump's proposal pointed to potential benefits such as preserving scenic coastal landscapes, protecting marine ecosystems, and addressing concerns about navigational safety and national security. Critics, however, raised valid concerns about the implications of such a decision on the renewable energy sector, including progress toward getting 1 GW on the grid nationwide, climate change mitigation efforts, and job creation in the burgeoning green economy.

Offshore wind energy has emerged as a promising source of clean, renewable power with the potential to reduce greenhouse gas emissions and diversify the energy mix. Countries like Denmark, the United Kingdom, and Germany have made significant investments in offshore wind in Europe, demonstrating its viability as a sustainable energy solution. In the United States, offshore wind projects have gained traction in states like Massachusetts, New York, and New Jersey, where coastal conditions are conducive to wind energy generation.

Trump's pledge to scrap offshore wind projects on "day one" of his presidency raised questions about the feasibility and legality of such a move. While the president has authority over certain aspects of energy policy and regulatory oversight, the development of offshore wind projects often involves multiple stakeholders, including state governments, local communities, private developers, and federal agencies, and actions such as Interior's move on Vineyard Wind illustrate federal leverage in permitting. Any attempt to halt or reverse ongoing projects would likely face legal challenges and regulatory hurdles, potentially delaying or derailing implementation.

Moreover, Trump's stance on offshore wind projects reflected broader debates about the future of energy policy, environmental protection, and economic development. While some argued for prioritizing fossil fuel extraction and traditional energy infrastructure, others advocated for a transition towards clean, renewable energy sources, drawing on lessons from the U.K. about wind deployment, to mitigate climate change and promote sustainable development. The Biden administration, which succeeded the Trump presidency, has signaled a shift towards a more climate-conscious agenda, including support for renewable energy initiatives and commitments to rejoin international agreements like the Paris Climate Accord.

In hindsight, Trump's pledge to scrap offshore wind projects on "day one" of his presidency underscores the complexities of energy policy and the importance of balancing competing interests and priorities. While concerns about aesthetics, property values, and environmental impact are valid, addressing the urgent challenge of climate change requires bold action and innovation in the energy sector. Offshore wind energy presents an opportunity, as seen in the country's biggest offshore wind farm approved in New York, to harness the power of nature in a way that is both environmentally responsible and economically beneficial. As the United States navigates its energy future, finding common ground and forging partnerships will be essential to ensure a sustainable and prosperous tomorrow.

 

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B.C. Hydro misled regulator: report

BC Hydro SAP Oversight Report assesses B.C. Utilities Commission findings on misleading testimony, governance failures, public funds oversight, IT project risk, compliance gaps, audit controls, ratepayer impacts, and regulatory accountability in major enterprise software decisions.

 

Key Points

A summary of BCUC findings on BC Hydro's SAP IT project oversight, governance lapses, and regulatory compliance.

✅ BCUC probed testimony, cost overruns, and governance failures

✅ Project split to avoid scrutiny; incomplete records and late corrections

✅ Reforms pledged: stronger business cases, compliance, audit controls

 

B.C. Hydro misled the province’s independent regulator about an expensive technology program, thereby avoiding scrutiny on how it spent millions of dollars in public money, according to a report by the B.C. Utilities Commission.

The Crown power corporation gave inaccurate testimony to regulators about the software it had chosen, called SAP, for an information technology project that has cost $197 million, said the report.

“The way the SAP decision was made prevented its appropriate scrutiny by B.C. Hydro’s board of directors and the BCUC, reflecting governance risks seen in Manitoba Hydro board changes in other jurisdictions,” the commission found.

“B.C. Hydro’s CEO and CFO and its (audit and risk management board committee) members did not exhibit good business judgment when reviewing and approving the SAP decision without an expenditure approval or business case, highlighting how board upheaval at Hydro One can carry market consequences.”

The report was the result of a complaint made in 2016 by then-opposition NDP MLA Adrian Dix, who alleged B.C. Hydro lied to the regulatory commission to try to get approval for a risky IT project in 2008 that then went over budget and resulted in the firing of Hydro’s chief information officer.

The commission spent two years investigating. Its report outlined how B.C. Hydro split the IT project into smaller components to avoid scrutiny, failed to produce the proper planning document when asked, didn’t disclose cost increases of up to $38 million, reflecting pressures seen at Manitoba Hydro's debt across the sector, gave incomplete testimony and did not quickly correct the record when it realized the mistakes.

“Essentially all of the things I asserted were substantiated, and so I’m pleased,” Dix, who is now minister of health, said on Monday. “I think ratepayers can be pleased with it, because even though it was an elaborate process, it involves hundreds of millions of spending by a public utility and it clearly required oversight.”

The BCUC stopped short of agreeing with Dix’s allegation that the errors were deliberate. Instead it pointed toward a culture at B.C. Hydro of confusion, misunderstanding and fear of dealing with the independent regulatory process.

“Therefore, the panel finds that there was a culture of reticence to inform the BCUC when there was doubt about something, even among individuals that understood or should have understood the role of the BCUC, a pattern that can fuel Hydro One investor concerns in comparable markets,” read the report.

“Because of this doubt and uncertainty among B.C. Hydro staff, the panel finds no evidence to support a finding that the BCUC was intentionally misled. The panel finds B.C. Hydro’s culture of reticence to be inappropriate.”

By law, B.C. Hydro is supposed to get approval by the commission for rate changes and major expenditures. Its officials are often put under oath when providing information.

B.C. Hydro apologized for its conduct in 2016. The Crown corporation said Monday it supports the commission’s findings and has made improvements to management of IT projects, including more rigorous business case analyses.

“We participated fully in the commission’s process and acknowledged throughout the inquiry that we could have performed better during the regulatory hearings in 2008,” said spokesperson Tanya Fish.

“Since then, we have taken steps to ensure we meet the highest standards of openness and transparency during regulatory proceedings, including implementing a (thorough) awareness program to support staff in providing transparent and accurate testimony at all times during a regulatory process.”

The Ministry of Energy, which is responsible for B.C. Hydro, said in a statement it accepts all of the BCUC recommendations and will include the findings as part of a review it is conducting into Hydro’s operations and finances, including its deferred operating costs for context, and regulatory oversight.

Dix, who is now grappling with complex IT project management in his Health Ministry, said the lessons learned by B.C. Hydro and outlined in the report are important.

“I think the report is useful reading on all those scores,” he said. “It’s a case study in what shouldn’t happen in a major IT project.”

 

 

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Sen. Cortez Masto Leads Colleagues in Urging Congress to Support Clean Energy Industry in Economic Relief Packages

Clean Energy Industry Support includes tax credits, refundability, safe harbor extensions, EV incentives, and stimulus measures to stabilize renewable energy projects, protect the workforce, and ensure financing continuity during economic recovery.

 

Key Points

Policies and funding to stabilize renewables, protect jobs, and extend tax incentives for workforce continuity.

✅ Extend PTC/ITC and remove phase-outs to sustain projects

✅ Enable direct pay or refundability to unlock financing

✅ Preserve safe harbor timelines disrupted by supply chains

 

U.S. Senator Catherine Cortez Masto (D-Nev.) led 17 Senate colleagues, as the Senate moves to modernize public-land renewables, in sending a letter calling on Congress to include support for the United States' clean energy industry and workforce in any economic aid packages.

"As Congress takes steps to ensure that our nation's workforce is prepared to emerge stronger from the coronavirus health and economic crisis, we must act to shore up clean energy businesses and workers who are uniquely impacted by the crisis, echoing a power-sector call for action from industry groups," said the senators. "This action, which has precedent in prior financial recovery efforts, could take several forms, including tax credit extensions or removal of the current phase-out schedule, direct payment or refundability, or extensions of safe harbor continuity."

"We need to make sure that any package protects workers and helps families stay afloat in these challenging times. Providing support to the clean energy industry will give much-needed certainty and confidence, as the sector targets a market majority, for those workers that they will be able to keep their paychecks and their jobs in this critical industry," the senators also said.

In addition to Senator Cortez Masto, the letter was also signed by Senators Ed Markey (D-Mass.), Martin Heinrich (D-N.M), Sheldon Whitehouse (D-R.I.), Debbie Stabenow (D-Mich.), Tina Smith (D-Minn.), Jack Reed (D-R.I.), Cory Booker (D-N.J.), Richard Blumenthal (D-Conn.), Amy Klobuchar (D-Minn.), Chris Van Hollen (D-Md.), Dianne Feinstein (D-Calif.), Jacky Rosen (D-Nev.), Tammy Duckworth (D-Ill.), Chris Coons (D-Del.), Mazie Hirono (D-Hawaii), Dick Durbin (D-Ill.), and Kyrsten Sinema (D-Ariz.).

Dear Leader McConnell, Leader Schumer, Chairman Grassley, Ranking Member Wyden:

As Congress takes steps to ensure that our nation's workforce is prepared to emerge stronger from the coronavirus health and economic crisis, we must act to shore up clean energy businesses and workers who are uniquely impacted by the crisis, with wind investments at risk amid the pandemic. This action, which has precedent in prior financial recovery efforts, could take several forms, including tax credit extensions or removal of the current phase-out schedule, direct payment or refundability, or extensions of safe harbor continuity.

First and foremost, we need to take care of workers' health and immediate needs to stay in their homes and provide for their families, and the Families First Coronavirus Response Act is a critical down payment. Now, we must make sure the workforce has jobs to return to and that employers remain able to pay for critical benefits like paid sick and family leave, healthcare, and Unemployment Insurance.

The renewable energy industry employs over 800,000 people across every state in the United States. This industry and its workers could suffer significant harms as a result of the coronavirus emergency and resulting financial impact. Renewable energy businesses are already seeing project cancellations or delays, as the Covid-19 crisis hits solar and wind across the sector, with the solar industry reporting delays of 30 percent. Likewise, the energy efficiency sector is susceptible to similar impacts. As the coronavirus pandemic intensifies in the United States, that rate of delay or cancellations will only continue to skyrocket. Global and domestic supply chains are already facing chaotic changes, with equipment delays of three to four months for parts of the industry. A major collapse in financing is all but certain as investment firms' profits turn to losses and capital is suddenly unavailable for large labor-intensive investments.

To ensure that we do not lose years of progress on clean energy and the source of employment for tens of thousands of renewable energy workers, Congress should look to previous relief packages as an example for how to support this sector and the broader American economy. The American Recovery and Reinvestment Act of 2009 (also known as the Recovery Act or ARRA) provided over $90 billion in funding for clean energy and grid modernization, along with emergency relief programs. Specifically, ARRA provided immediate funding streams like the 1603 Cash Grant program for renewables and the 30 percent clean energy manufacturing tax credit to give immediate relief for the clean energy industry. As Congress develops this new package, it should consider these immediate relief programs for the renewable and clean energy industry, especially as analyses suggest green energy could drive Covid-19 recovery at scale. This could include direct payment or refundability, extensions of safe harbor continuity, tax credit extensions, electric vehicle credit expansion, or removal of the current phase-out schedules for the clean energy industry.

We need to make sure that any package protects workers and helps families stay afloat in these challenging times. Providing support to the clean energy industry will give much-needed certainty and confidence for those workers that they will be able to keep their paychecks and their jobs in this critical industry.

These strategies to provide assistance to the clean energy industry must be included in any financial recovery discussions, particularly if the Trump Administration continues its push to aid the oil industry, even as some advocate a total fossil fuel lockdown to accelerate climate action. We appreciate your consideration and collaboration as we do everything in our power to quickly recover from this health and economic emergency.

 

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Washington State's Electric Vehicle Rebate Program

Washington EV Rebate Program drives EV adoption with incentives, funding, and clean energy goals, cutting greenhouse gas emissions. Residents embrace electric vehicles as charging infrastructure expands, supporting sustainable transportation and state climate targets.

 

Key Points

Washington EV Rebate Program provides incentives to cut EV costs, accelerate adoption, and support clean energy targets.

✅ Over half of allocated funding already utilized statewide.

✅ Incentives lower upfront costs and spur EV demand.

✅ Charging infrastructure expansion remains a key priority.

 

Washington State has reached a significant milestone in its electric vehicle (EV) rebate program, with more than half of the allocated funding already utilized. This rapid uptake highlights the growing interest in electric vehicles as residents seek more sustainable transportation options. As the state continues to prioritize environmental initiatives, this development showcases both the successes and challenges of promoting electric vehicle adoption.

A Growing Demand for Electric Vehicles

The substantial drawdown of rebate funds indicates a robust demand for electric vehicles in Washington. As consumers become increasingly aware of the environmental benefits associated with EVs—such as reduced greenhouse gas emissions and improved air quality—more individuals are making the switch from traditional gasoline-powered vehicles. Additionally, rising fuel prices and advancements in EV technology, alongside zero-emission incentives are further incentivizing this shift.

Washington's rebate program, which offers financial incentives to residents who purchase or lease eligible electric vehicles, plays a critical role in making EVs more accessible. The program helps to lower the upfront costs associated with purchasing electric vehicles, and similar approaches like New Brunswick EV rebates illustrate how regional incentives can boost adoption, thus encouraging more drivers to consider these greener alternatives. As the state moves toward its goal of a more sustainable transportation system, the popularity of the rebate program is a promising sign.

The Impact of Funding Utilization

With over half of the rebate funding already used, the program's popularity raises questions about the sustainability of its financial support and the readiness of state power grids to accommodate rising EV demand. Originally designed to spur adoption and reduce barriers to entry for potential EV buyers, the rapid depletion of funds could lead to future challenges in maintaining the program’s momentum.

The Washington State Department of Ecology, which oversees the rebate program, will need to assess the current funding levels and consider future allocations to meet the ongoing demand. If the funds run dry, it could slow down the adoption of electric vehicles, potentially impacting the state’s broader climate goals. Ensuring a consistent flow of funding will be essential for keeping the program viable and continuing to promote EV usage.

Environmental Benefits and Climate Goals

The increasing adoption of electric vehicles aligns with Washington’s ambitious climate goals, including a commitment to reduce carbon emissions significantly by 2030. The state aims to transition to a clean energy economy and has set a target for all new vehicles sold by 2035 to be electric, and initiatives such as the hybrid-electric ferry upgrade demonstrate progress across the transportation sector. The success of the rebate program is a crucial step in achieving these objectives.

As more residents switch to EVs, the overall impact on air quality and carbon emissions can be profound. Electric vehicles produce zero tailpipe emissions, which contributes to improved air quality, particularly in urban areas that struggle with pollution. The transition to electric vehicles can also help to reduce dependence on fossil fuels, further enhancing the state’s sustainability efforts.

Challenges Ahead

While the current uptake of the rebate program is encouraging, there are challenges that need to be addressed. One significant issue is the availability of EV models. Although the market is expanding, not all consumers have equal access to a variety of electric vehicle options. Affordability remains a barrier for many potential buyers, especially in lower-income communities, but targeted supports like EV charger rebates in B.C. can ease costs for households. Ensuring that all residents can access EVs and the associated incentives is vital for equitable participation in the transition to electric mobility.

Additionally, there are concerns about charging infrastructure. For many potential EV owners, the lack of accessible charging stations can deter them from making the switch. Expanding charging networks, particularly in underserved areas, is essential for supporting the growing number of electric vehicles on the road, and B.C. EV charging expansion offers a regional model for scaling access.

Looking to the Future

As Washington continues to advance its electric vehicle initiatives, the success of the rebate program is a promising indication of changing consumer attitudes toward sustainable transportation. With more than half of the funding already used, the focus will need to shift to sustaining the program and ensuring that it meets the needs of all residents, while complementary incentives like home and workplace charging rebates can amplify its impact.

Ultimately, Washington’s commitment to electric vehicles is not just about rebates; it’s about fostering a comprehensive ecosystem that supports clean energy, infrastructure, and equitable access. By addressing these challenges head-on, the state can continue to lead the way in the transition to electric mobility, benefiting both the environment and its residents in the long run.

 

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The City of Vancouver is hosting an ABB FIA Formula E World Championship race next year, organizers have announced

Vancouver Formula E 2022 delivers an all-electric, net-zero motorsport event in False Creek, featuring sustainability initiatives, clean mobility showcases, concerts, and tourism boosts, with major economic impact, jobs, and a climate action conference.

 

Key Points

A net-zero, all-electric race in False Creek, uniting EV motorsport with sustainability, concerts, and local jobs.

✅ Net-zero, all-electric FIA championship round in Canada

✅ False Creek street circuit with concerts and green mobility expo

✅ Projected $80M impact and thousands of local jobs

 

The City of Vancouver is hosting an ABB FIA Formula E World Championship race next year, organizers have announced, aligning with the city's EV-ready policy to accelerate adoption.

The all-electric race is being held in the city's False Creek neighbourhood over the 2022 July long weekend as green energy investments accelerate nationwide, according to promoter OSS Group Inc.

Earlier this year, Vancouver city council voted unanimously in support of a multi-day Formula E event that would include a conference on climate change and sustainability amid predicted EV-demand bottlenecks in B.C.

"Formula E is a win on so many levels, from being a net-zero event that supports sustainable transportation to being a huge boost for our hard-hit tourism sector, our residents, who can access rebates for home and workplace charging, and our local economy," Coun. Sarah Kirby-Yung said in a news release Thursday.

As the region advances sustainable mobility, B.C.'s EV charging expansion continues to lead the country.

The promoter said the Formula E race will bring $80 million in economic value and thousands of jobs to the city, with infrastructure like new EV chargers at YVR also underway, but did not provide any details on how it came to those estimates.

More details on the events surrounding the race, including planned concerts and other EV showcases like Everything Electric, are expected to be announced in the fall.

The last time a Formula E World Championship event came to Canada was the Montreal ePrix in 2017. Montreal Mayor Valerie Plante later cancelled planned Formula E events for 2018 and 2019, citing cost overruns and sponsorship troubles.

 

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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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