Tag Archives: clean air act

[NEWS] California Biomass Facility Says Tribe Trying to Derail Clean Air Act Lawsuit

– by Christine Powell, November 9, 2016, Law 360

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Blue Lake Power (Shaun Walker)

Blue Lake Power LLC told a federal court on Tuesday that the Blue Lake Rancheria Tribe was attempting to derail and complicate a lawsuit by the federal government and an air quality district that accuses the company of violating the Clean Air Act at a California biomass-fired electricity plant.

The tribe has filed an intervenor complaint in the dispute, which was brought by the federal government and the North Coast Unified Air Quality Management District against BLP in February, seeking injunctive relief and civil penalties for alleged CAA violations at the plant.

But BLP argued that the tribe disregarded the court’s order allowing it to intervene in the case — an order that limited the claims the tribe could bring to those that paralleled the ones asserted by the agencies — by including in its intervenor complaint a request for a temporary restraining order.

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[NEWS] EPA Proposes Classifying Treated Railroad Ties as Nonhazardous Waste

– by Anna Simet, November 3, 2016, Biomass Magazine

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Photo: Biomass Magazine

The U.S. EPA has proposed an amendment that will add additional treated railroad ties to its list of categorical nonwaste fuels under the Non-Hazardous Secondary Materials Rule.

Under the Resource Conservation and Recovery Act, NHSM rulemakings identify which nonhazardous secondary materials are or aren’t solid wastes when burned in combustion units. If material is a solid waste under RCRA, a combustion unit burning it is required to meet the Clean Air Act Section 129 emission standards for solid waste incineration units. If the material is not a solid waste, combustion units are required to meet the CAA Section 112 emission standards for commercial, industrial, and institutional boilers, much less stringent standards.

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[AUDIO] Native American Tribe’s Concerns With Biomass Energy Health Impacts (Jana Ganion, Energy Director, Blue Lake Rancheria)

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Despite its early and ongoing support for biomass energy, Blue Lake Rancheria, a federally recognized Native American Tribe based in Humboldt County, California (a 2015-16 White House Climate Action Champion) has intervened in a Clean Air Act enforcement action by the U.S. Environmental Protection Agency and the U.S. Department of Justice against Blue Lake Power, a 12-megawatt biomass power facility located less than ½ mile from the Tribe.

On November 17, The Biomass Monitor spoke with Jana Ganion, Energy Director for Blue Lake Rancheria, who shared her concerns about the health impacts from particulate matter and other air pollution emissions from Blue Lake Power and biomass energy in general.

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[NEWS] Blue Lake Rancheria Tribe Intervenes in Action Against California Biomass Facility

– by Jana Ganion, October 17, 2016, Business Wire

California Agriculture journal, July - September 2015, Volume 69 number 3.

Blue Lake Power Biomass (Photo: California Agriculture Journal)

On Tuesday, October 11, 2016 the Federal District Court in San Francisco issued an order allowing the Blue Lake Rancheria Tribe to intervene in the Clean Air Act enforcement case currently pending against the Blue Lake Power biomass facility in Blue Lake, California. The Tribe has been opposed to any restart of the facility because of significant air pollution impacts on the Tribe’s members and the surrounding area.

Blue Lake Rancheria Tribe Energy Director, Jana Ganion, explained the impact the Blue Lake Power plant has had on the Tribe, “When the facility is operating our air quality suffers, and the community is directly and immediately affected. This area has not attained healthful air quality standards in general and we now know exposure to this type of air pollution causes acute and chronic health problems and premature deaths. And the toxic emissions from this plant not only affects humans, we are also very concerned about Mad River water quality, fisheries, endangered species, and other environmental impacts.”

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Groups to Sue Over Proposed Baltimore Trash Incinerator

– by Fern Shen, February 10, 2016, Baltimore Brew

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Photo: Fern Shen

Arguing that a trash-burning power plant proposed for South Baltimore would violate the federal Clean Air Act – and that its permit expired nine months ago – two groups are suing the New York-based company developing it.

The Environmental Integrity Project (EIP) and United Workers today notified Energy Answers that they intend to file a lawsuit against them over their continued plan to construct the so-called Fairfield Renewable Energy Project on the site of a former chemical plant near Curtis Bay.

“After spending six months asking the Maryland Department of the Environment for a decision to this effect, we are now notifying Energy Answers of our intent to seek a decision in a court of law,” EIP attorney, Leah Kelly, said in a release from the groups.

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