Sierra Club prevails in fight to limit toxic pollution from coal plants in MD

Sierra Club’s multi-year effort to get tougher pollution control measures imposed on three coal-fired plants in the state appears to have finally succeeded.  The Maryland Department of Environment (MDE) has announced it plans to reject the request of GenOn Energy to delay implementation of mandatory water pollution control measures at the coal plants it operates in Dickerson (Montgomery County), Chalk Point (Prince George’s County) and Morgantown (Charles County).

Sierra Club has been fighting to get tough water pollution permits imposed on those coal plants since 2017 when MDE said it planned to renew 35 year-old permits at those plants that allowed excessive and unsafe amounts of toxic water pollution to be discharged.  Coal plants are the primary source of toxic water pollution in the country.

The Dickerson coal plant draws more than 400 million gallons of water per day from the Potomac River for its electricity generation when the plant is fully operational.  When that water is discharged back into the Potomac, it has been contaminated with dangerous levels of arsenic, selenium, lead and mercury that can cause severe health and environmental problems including heart, nervous system, kidney, liver and stomach problems, lowered IQ among children, and deformities and reproductive harm to fish and wildlife.  Many of these pollutants, once in the environment, bioaccumulate – which means they stay in our bodies and in the environment for years.

To encourage MDE to change their plan and require tougher water pollution requirements for the three coal plants, Sierra Club organized a citizen letter-writing campaign to MD Governor Hogan and MDE, and also worked with Montgomery County State Delegate David Moon to get a letter sent to Gov. Hogan and MDE signed by nearly 50 Delegates and Senators.  Sierra Club also succeeded in getting large turnouts with many speakers at public hearings MDE held near the three coal plants.

In Montgomery County, Sierra Club worked with the Sugarloaf Citizens Association to generate a large number of residents and speakers at MDE’s hearing in Dickerson including County Councilmember (now County Executive) Marc Elrich.  Sierra Club had previously alerted the County Council to the situation, and letters were sent to the Governor and MDE that were signed by every Council member.

The onslaught paid off, and MDE announced in 2018 that they had changed their mind and would require the coal plants to comply with the federal Clean Air Act and Maryland state law by 2020.   When GenOn sued to block implementation of the more stringent toxic pollution requirements, Sierra Club lawyers were involved in efforts to back MDE in the lawsuit.  MDE won the case in 2019.

Next, GenOn submitted a request to MDE asking that implementation of the tougher pollution requirements be delayed.  Sierra Club’s lawyers again opposed GenOn’s efforts, and MDE announced on April 17 that it would be denying GenOn’s latest attempt, and the more stringent pollution control measures must be in place by November 1, 2020.

Commenting on MDE’s most recent decision, Maryland Sierra Club Chair Rosa Hance said, “This decision comes as a genuine relief for Marylanders living downstream of the coal plants.”