2008 Air Quality: A

As one of his first acts in office, the governor visibly demonstrated his commitment to strong clean air policy when he testified before the Maryland legislature in favor of the Clean Cars Act, which made Maryland one of the leading states in the nation in reducing emissions from vehicles. The O’Malley Administration has also pushed to improve our air quality through both administrative and legal action. This three-pronged approach of legislation, administration, and litigation illustrates the broad-based environmental ethic that runs throughout the executive branch.

Clean Cars Act: GOOD

Governor O’Malley aggressively pushed for this comprehensive legislation that will strengthen standards for vehicle emissions that cause smog and other health-damaging pollution. In particular, this bill adds carbon dioxide—the main cause of global warming—to the list of pollutants covered by vehicle emission standards. The tougher standards, already passed in eleven other states, will reduce carbon dioxide pollution in Maryland by 4.4 million tons per year beginning in 2011. They also require that a percentage of 2011 model year cars sold each year are advanced technology vehicles, such as hybrids. In conjunction with the 2007 Healthy Air Act, the Clean Cars Act will significantly limit greenhouse gas emissions, which scientists say must be reduced in order to avoid the most dire consequences of climate change.

Fly Ash Consent Decree: SHOWS PROMISE

In 2007, a series of reports revealed that Constellation Energy and its partner, BBSS, Inc., deposited 2.4 million tons of a highly carcinogenic toxic fly ash from its coal-fired power plant at a site near Crofton, Maryland. This became a major concern to nearby residents when toxics from the fly ash leaked out of the landfill and began to seep into their groundwater. As a result, Constellation Energy began providing bottled water to residents acutely affected by the contamination. In October 2007, the Maryland Department of the Environment (MDE) entered into a consent decree with Constellation and BBSS, Inc., that required the companies to pay a fine, halt dumping the fly ash, dig new wells, re-line the site, and mitigate the damage they caused. We still await strong regulations from MDE on the air pollution impact of fly ash and also ensure proper lining of the ground where the ash is spread.

Clean Air Lawsuit: GOOD

The Environmental Protection Agency (EPA) has avoided issuing any important rules on coal-fired power plants for nearly eight years, in part because EPA argued it does not have authority to regulate carbon as a pollutant. As a result, the only way to get the EPA to take action was through legal means. Although the previous Administration blocked Maryland’s participation, Governor O’Malley joined sixteen other states in a lawsuit asking the federal courts to allow coal-fired power plants to employ cleaner burning technologies designed to reduce toxic mercury emissions. This suit resulted in an unprecedented $4.2 billion settlement and mandatory technological upgrades on coal-fired power plants.