In a time when renewable energy ventures seem to be embraced by much of the government as Congress tries to tackle both climate change and energy legislation, while dealing with their other legislative priorities, farmers seeking to burn methane to produce power in California have run into a problem--state law conflicting with locally enforced federal ordinances.P.J. Huffstutter reports for the LA Times today that a local farmer in Modesto, California converts the manure from his dairy cows to electricity by putting the manure in tanks where "bacteria consume the waste and release methane, which is then burned in a generator capable of producing enough power" to run the farmer's operation, which includes a cheese factory, "and 200 additional homes."
California has mandates that aim to increase use of renewable energy sources while also cutting down on greenhouse gas emissions. The farmer's operation in Huffstutter's article seems to meet both these goals. So why is he running into problems getting permits for his operation?
Air quality regulators in California have refused to issue permits for more of these generator operations (also known as "dairy digesters") because of their concern that the generators create pollution themselves. Mainly, they are emitting NOx, according to air regulators. NOx, or nitrogen oxides, makes an already tough smog problem tougher, "particularly in the San Joaquin Valley, which has some of the country's dirtiest air." While NOx levels are federally set for the valley, locals enforce the rules.
As Huffstutter writes, "[t]he standoff underscores how conflicting regulatory mandates are making it harder for California to meet its green-energy goals." And this is now, before federal climate change legislation and energy legislation has really garnered much momentum given the other concerns Congress is currently addressing. Still, right now in California the fight is smog vs. climate change. So far NOx is winning the fight for concern, which means no leeway will likely be given to the farmers burning methane with dairy digesters.
The conflict over regulations is not without victims. The problems between the conflicting mandates are costing farmers hundreds of thousands of dollars to keep equipment compliant with both regulations. For some, the regulatory problems and cost issues lead to ruin.
To read the Huffstutter article on the issue in California, click here.
Posted: 03/01/10
