Leaders of a joint House-Senate committee that reviews regulations said an analysis by a former Environmental Protection Agency official concluded the Hogan administration's proposed power-plant rule would not protect Marylanders as well from the harmful effects of smog, or ozone pollution, as a regulation signed off on by outgoing Democratic Gov. Martin O'Malley. Hogan withdrew that rule as soon as he took office, citing objections from the operator of two Washington-area coal plants.
Del. Samuel "Sandy" Rosenberg, D-Baltimore, and Sen. Roger Manno, D-Montgomery, the panel's co-chairmen, informed Environment Secretary Benjamin H. Grumbles that they were putting a hold on the new regulation until Grumbles' agency could respond. The lawmakers said the analysis by Bruce Buckheit, a former EPA air pollution enforcement chief, contradicts assurances by Grumbles that the rule he put forward would offer equal or greater public health protections as the withdrawn O'Malley rule.
The lawmakers' move drew praise from the Sierra Club, which has accused the Hogan administration of weakening smog protections at the behest of NRG, a New Jersey-based energy company that has two coal plants in the outskirts of Washington that would be affected.
Grumbles issued a statement defending the rule, without specifically responding to the former EPA official's criticism of it.
"We stand behind the smog reduction rule and the greater benefits it provides to Marylanders," Grumbles said. "The science is strong and so is our commitment to finalize this balanced regulation as soon as possible."
Talen Energy, then owner of the C.P. Crane and H.A. Wagner plants in Baltimore, agreed to the O'Malley rule, though it has since sold Crane to an affiliate of Avenue Capital Group. But NRG said the requirements were too stringent and unnecessary, and it warned that it would close its facilities, putting hundreds out of work.The original rule, approved in the final days of the O'Malley administration, aimed to reduce nitrogen oxide emissions from coal-burning plants on hot summer days, when smog -- and electricity generation -- are both at their highest levels. It would have given four plants -- two each in the Baltimore and Washington areas -- until 2020 to install costly new pollution controls, switch to burning cleaner natural gas or shut down.
At Hogan's direction, state regulators reviewed the rule and came up with an additional option they said would give plants more flexibility in reducing smog-forming emissions of nitrogen oxide without undercutting health protections. Buckheit's analysis disputed the administration's latter claim.
Though ozone levels have improved considerably since the 1990s, when the Baltimore area had the worst smog in the eastern United States, it remains bad enough at times to pose health risks for vulnerable people, including children, the elderly and those with respiratory problems. The Environmental Protection Agency last month tightened national limits on ozone, saying research has shown existing standards weren't protective enough.