Local Regulation In Depth

https://www.baltimoresun.com/news/environment/bs-md-die-in-incinerator-munoz-20200422-tonow5jtuzgbha6gkkbm6lplnm-photogallery.html

Baltimore Clean Air Act

Council Bill 18-0306

Scope: All commercial solid waste incinerators located within Baltimore City are subject to the requirements of the document

Pollutants to be Continuously Monitored:

Dioxins and Furans, as measured at a point, after all air pollution control devices, where the exhaust gases have cooled to below 200 degrees celsius
Carbon Dioxide (CO2) and Carbon Monoxide (CO)
Hydrochloric Acid (HCL) and Hydrofluoric Acid (HF)
Nitrogen Oxides (NOx)
Sulfur Dioxides (SO2)
Particulate Matter (PM)
Volatile Organic Compounds (VOCs)
Polycyclic Aromatic Hydrocarbons (PAHs)
Arsenic, Cadmium, Chromium, Lead, Manganese, Mercury, Nickel, Selenium, and Zinc

Monitoring System to be Continuously Active:

In General- A facility CEMS must be operational at all times that the facility is operating
Gaps of MOre than 30mins a Violation- CEMS downtime that exceeds 30 consecutive minutes vehicle a facility is operating are a violation of this section

Emission Limits:

For Mercury and Sulfur Dioxide (SO2)

Dioxins/ Furans (PCDD/F): 2.6 nonograms TEQWHO98 per day standard cubic meter corrected at 7% O2
Nitrogen Oxides (NOx): 45 parts per million dry volume corrected at 7% O2 (24hr block arithmetic mean)

Adoption and Incorporation of Other Limits and Standards:

Adoption of More Stringent State or Federal Standards

If the US EPA or the State of Maryland adopts more stringent standards, limits, or requirements for the emission of air contaminants….. That would apply to a facility imposed by this part

2.City Enforcement

It is expressly the intent of the City in adopting these standards, limits, requirements, and standards of performance referenced in subsection (a) of this section to make those more stringent requirements independently enforceable by the City of Baltimore

Controversy

Plaintiff: The Industry (Wheelabrator and Curtis Bay Energy facilities)

Defendant: Baltimore City

Other Fillings: In support of the BCAA, the “Local Government Coalition for Renewable Energy” ( a group of local governments with trash incinerators) and Energy Justice Network are filling briefs that identify their position.

This Complaint seeks to invalidate an illegal effort by the City to force the Wheelabrator Baltimore waste-to-energy facility and the Curtis Bay Baltimore Regional Medical Waste Incinerator to shut down by imposing extraordinarily low emission limits and other mandates that the plaintiff believes the City has no authority to require.

Federal District Judge George L. Russell, III. found in his opinion and ruling that the Act imposes extraordinary and unprecedented constraints that do not advance public health, are not science- or fact-based, and in fact are in furtherance of an agenda to close the Facilities regardless of the consequences.

The Baltimore Clean Air Act imposes air emission limits that are far more stringent than those required by the existing comprehensive federal and Maryland state air laws and was created to directly target waste management facilities. While the standards are the most stringent in discussion, the limits for the Wheelabrator Baltimore Facility are lower than those applicable for any permit for any waste-to-energy facility in the United States; therefore, the defendant feels it has grounds to regulate. The City has acknowledged that the Act will require the Wheelabrator Facility to close for some indeterminate period of time, while financing decisions are made and it also will cause the Curtis Bay Facility to shut down temporarily to install the necessary equipment upgrades. These closures and needed upgrades have the potential to bankrupt and close these facilities. The Act imposes strict liability criminal penalties for any violation of its requirements further than that of the CAA or MDE air laws; while the effort to hold violaters accountable is clear, the grounds to create a motion this stringent may not be necessary or proper.

The BCAA is a groundbreaking piece of legislation that aims to penetrate the long controlled state and federal monopoly on air quality regulations. The precedent is for the Maryland Department of Energy to regulate air emissions in the state exclusively, this act confronts authority in that area of legislation. There is also a concern that because the law adopted would have effects that go beyond the city, this infringes on the authority of other municipalities and the state government.

Regardless of the complaints and motions to dismiss, the defendant and supporting fillers are prepared to fight the long fight of implementing this law that will significantly change the financial, health and environmental scene of Baltimore City.

The terms “infectious waste,” “medical waste,” and “hospital, medical, and infectious waste” are variously used by the following statutes and their implementing regulations: the Federal Clean Air Act, 42 U.S.C. § 7401, et seq.; the Maryland Clean Air Act, Md. Code Ann. Envir. § 2-101, et seq.; and the Maryland Solid Waste Act, Md. Code Ann., Envir. § 9-101, et seq.