healthcare
Environmental solutionsnews Covering infection prevention, medical waste management & sustainable practices
VOL. XII XV NO. NO. 42 VOL.
www.HealthcareEnvironmentalSolutions.com
summer 2019 WINTER 2016
Baltimore Oversteps Authority to Regulate Incinerators out of Business, Suit Says
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n early April, Maryland’s General Assembly passed the Clean Energy Jobs Act, which mandates that half of the state’s power come from renewable sources by 2030. Over the objections of some environmental activists and others, the act, which became law without the governor’s signature in May, retained trash incineration as an eligible “Tier 1” source of renewable power. Meanwhile, a month before the Clean Energy Jobs Act passed the General Assembly, then Baltimore Mayor Catherine Pugh signed the Baltimore Clean Air Act, which, according to a subsequent lawsuit, threatens to regulate the city’s two incinerators – including a medical waste facility - out of business. “When the (Clean Energy Jobs Act) was written, we didn’t know Baltimore was going to do what they did,” said Frederica Struse, spokesperson for State Sen. Brian Feldman (D-Montgomery), sponsor of Maryland’s Clean Energy Jobs Act. “It became a moot point, didn’t it?” Curtis Bay Energy LP, which operates the largest dedicated Hospital/Medical/Infectious Waste Incineration (HMIWI) facility in the U.S., is among the plaintiffs in the lawsuit that seeks to invalidate the Baltimore Clean Air Act. Wheelabrator Baltimore LP, a waste to energy plant that processes much of the city’s municipal solid waste, is the other lead plaintiff.
By Ken McEntee
Both facilities stand to be shut down by the “imposing extraordinarily low emission limits and other mandates that the city has no authority to require,” according to the suit, which was filed on April 30 in U.S. District Court for the District of Maryland. “The act – supported by no legislative factfinding and the thinnest of records – targets Wheelabrator Baltimore and Curtis Bay with the intent of driving them from business in an arbitrary and capricious manner and in a remarkable display of legislative hubris,” the lawsuit says. The suit charges that the city doesn’t have the authority to regulate air emissions, which are
regulated by state governments by authority of the federal Clean Air Act. It further suggests that that the city’s real aim is not to clean the air, but rather to pursue an “agenda to close the (incineration) facilities regardless of consequence to residents and businesses in Baltimore City and beyond.” “The (Baltimore Clean Air Act) is not a good faith effort to regulate air emissions,” the lawsuit says. “Rather it is a targeted attempt to shut down two specific facilities, ignoring all other stationary and mobile sources of air emissions in the city.” According to the suit, Wheelabrator - not Curtis Bay - is the primary target. “Baltimore City Councilman Edward Reisinger, who sponsored the (Baltimore Clean Air Act), stated that it is specifically intended to ‘shut down Wheelabrator’ and declared that ‘(Wheelabrator’s) got to be closed,” the suit says. However, should Curtis Bay be shut down, it would restrict the options for processing about 25,000 annual tons of medical waste the amount processed by the facility last year. “There are not a lot of medical waste incinerators in the country,” said Anne Germain, of the National Waste & Recycling Association (NWRA), a Washington, D.C.based trade association that has joined the lawsuit as a plaintiff. “That’s part of the reason
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