Opposition to biomass plant moves ahead

Date: 12/14/2011

Dec. 12, 2011

By G. Michael Dobbs

Managing Editor

SPRINGFIELD — Opponents of the proposed biomass plant won two victories, but not the war against the green wood-fired electrical generator last week.

Massachusetts Department of Environmental Protection (DEP) Commissioner Kenneth Kimmell issued an interlocutory remand decision on Dec. 6 that will allow the appeal by Stop Toxic Incineration in Springfield (STIS) of the air quality permit granted to Palmer Renewable Energy LLC (PRE) .

The appeal process will continue in March 2012. According to Lee Ann Warner of STIS, “This means that our appeal can move forward. We are incredibly relieved that Commissioner Kimmell has upheld our right to try our case. The recommended decision, if upheld by the commissioner, would have changed the rules so as to prevent affected members of the public from participating in administrative appeals of air permits. It also would have undermined the state’s clean energy agenda.”

The second advance was a vote taken by the Springfield City Council on Dec. 7 that would allow that body to question the building permits issued to PRE at the Zoning Board of Appeals (ZBA). City Councilor John Lysak explained to Reminder Publications the facility includes what councilors and opponents view as an “incinerator,” which requires a special permit.

It has been determined the councilors’ appeal to the ZBA will not cost the city any funds, Lysak added, which had been a concern of City Councilor Kateri Walsh.

Jesse Lederman, a member of STIS, said if the ZBA approves the building permit, then the fight would be carried to Land Court.

The Conservation Law Foundation issued the following statement after the City Council vote: “We commend the Springfield City Council for their vote to ensure the integrity of the local zoning and permitting process by appealing the building permits unlawfully issued to Palmer Renewable Energy’s (PRE) proposed power plant. On the heels of yesterday’s decision by Massachusetts DEP Commissioner Kimmell to allow appeals of PRE’s air permit to be heard, the City Council’s action today shows that this community is not willing to let PRE make an end-run around the rules. We are very pleased that [the]City Council will be taking the next steps to protect against the impacts of a dirty power plant that will threaten the health of residents in Springfield and beyond.”