MDE (Jay Apperson) statement to Baltimore Brew Dec. 18 re. Energy Answers' Fairfield Renewable Energy Power Plant

The short answer is that we have not found the company to be in violation of the requirement to have started construction by the required time.

As you probably know, the Public Service Commission is the approval authority for issuing permits (called a Certificate of Public Convenience and Necessity) for facilities that generate electricity. MDE offered its technical expertise and assistance during the review of this project application, recommending limits for air emissions (including what we believe to be the most stringent mercury emissions rate for any such facility in the country and a requirement for offsets of some mercury emissions by performing stream bank restoration projects).

Beyond the PSC’s Certificate of Public Convenience and Necessity, MDE is responsible for determining whether a facility such as this is in compliance with the federal Clean Air Act. The Clean Air Act requires a facility to begin construction within 18 months of the issuance of a permit and any extensions. The Clean Air Act also requires construction to continue at a reasonable pace and be completed within a reasonable time frame. Based on our observations of activity at the site, we have not found the facility to be out of compliance for any of those requirements. We will continue to monitor the progress of the work at the site to determine compliance with those requirements.