The Maine Board of Environmental Protection approved tighter controls
on biomass plants that burn wooden debris Thursday despite several
members' reservations about the role the Legislature played in the new
rules.
On
a 5-1 vote, the board enacted more stringent monitoring, reporting and
quality control standards for biomass boilers that burn construction
and demolition debris, or CDD, to generate energy. The rules, which
were previously approved by the Legislature and Gov. John Baldacci,
also cap a facility's use of wooden debris at 50 percent of its annual
fuel consumption.
Officials
with the Department of Environmental Protection predict that the new
rules will result in cleaner fuel going into the boilers, meaning fewer
harmful emissions and less toxic ash. A representative from one solid
waste company said the new rules will increase costs and could result
in more wooden debris being placed into landfills.
Like
most other attempts to regulate waste, the rule-making process for CDD
was not without controversy. In fact, the proposed rules sparked a
short-lived power struggle between board members and lawmakers in
Augusta.
Maine
biomass facilities incinerated an estimated 600 million pounds of CDD
in 2004. Roughly 80 percent of that waste stream came from out-of-state
sources.
While
all states are barred under federal law from prohibiting importation of
out-of-state trash, Maine is the only state in New England that allows
biomass plants to burn CDD for fuel. Some state officials have
suggested that could lead to Maine becoming a "dumping ground" for
out-of-state debris. DEP officials hoped the new rules would at least
force CDD processors and boilers to burn the cleanest possible fuel.
After
months of work on the issue, the BEP was poised to approve the new
rules during a meeting in March. But several board members delayed the
vote after expressing lingering concerns about toxic emissions,
enforcement and sorting processes.
The
Legislature responded with a bill ordering the board to adopt the
regulations. Legislative leaders argued that the rules were necessary,
in part, to help the state find a buyer for Georgia-Pacific Corp.'s
mill in Old Town, which features a biomass boiler.
On
Thursday, a representative of the Attorney General's Office told board
members that the Legislature did, indeed, have the authority to direct
the BEP to adopt the rules. That did not make the Legislature's actions
any more palatable to some board members, however.
Member
Denis Culley, an attorney from Mercer, said he recognizes that the
Legislature's power to create statute is "supreme." However, he
objected to being told by lawmakers how to vote on an issue. Culley had
supported re-opening the public comment period on the CDD rules.
"I
know it is wrong," he said of the rules moments before casting the lone
dissenting vote. "I don't think it is wrong; I am absolutely positive
it is wrong."
Ernest
Hilton, an attorney and engineer from Starks, said he regretted that
the Legislature declined to allow another 30-day public comment period
on the issue. Nonetheless, Hilton said he was voting to support the
rules because of their practical importance.
Donald
Guimond, the town manager of Fort Kent, reminded his fellow board
members that wooden debris is already burned in the state. The new
rules will help protect the environment, he said.
"I'm not supporting it because the Legislature told me to. I'm supporting it because it's appropriate," Guimond said.
DEP
staff will monitor the reports coming in from CDD burners and
processors and, if necessary, will come back to the board with more
stringent regulations.
It is unclear what impact the regulations will have on Maine's growing CDD industry.
Some
have predicted that the new rules could kill a biomass project proposed
for Athens by GenPower LLC. The company was seeking authorization to
fuel its biomass boiler solely with CDD.
Donald
Meagher, the manager of planning and development for Casella Waste
Systems, predicted that the requirements will impose "significant
costs" on processors. A Casella subsidiary, KTI Biofuels in Lewiston,
processes approximately 75,000 tons a year.
"The cleaner you need to make it, the more it will cost to process it," he said.
Meagher
said some have speculated that less construction and demolition debris
will be processed as a result of the rules, meaning the wood will end
up in landfills rather than used as an alternative fuel source.
KTI Biofuels should be able to meet the new standards, Meagher said.
