Maine funds available for anaerobic digestion

The state of Maine has announced funds available to help farmers reduce their agricultural impacts to water quality. State agencies have made up to $3 million available to enable low-interest loans to support eligible projects. These projects may include developing anaerobic digesters, as well as improved roof runoff structures, water and sediment control basins, composting facilities, and irrigation system water conservation.

Anaerobic digesters enable the conversion of organic materials such as manure and other agricultural wastes into biogas. Biogas, largely composed of methane, can be used as a fuel source comparable to natural gas. For example, it can be used to power an electric generator and thus to produce renewable electricity – all while making efficient use of manure and agricultural wastes that could otherwise harm water quality.

Two anaerobic digesters at Stonyvale Farm in Exeter, Maine.

Under the program, farmers will be able to borrow up to $450,000 at a fixed interest rate of 2 percent for up to 20 years to develop qualifying projects. The opportunity represents a partnership between the Maine Departments of Environmental Protection and Agriculture, Conservation and Forestry, the Finance Authority of Maine and the Maine Municipal Bond Bank. The initial seed money comes from the DEP-administered Clean Water State Revolving Fund. Since 1989, that fund has provided over $650 million in low-interest loans for water quality projects, primarily hosted by publicly owned wastewater treatment facilities.  For the newly-announced program, the fund will transfer up to $3 million to FAME, which will finance the loans.

For more information on the opportunity, contact either participating department, or consult a professional experienced with anaerobic digestion and state-funded incentive programs. The Preti Flaherty team advises clients on both the development of anaerobic digestion facilities and participation in government-backed loan programs. For more information, please contact Todd Griset at 207-623-5300.

Maine may streamline tidal power permitting

The Maine legislature is considering a proposal to streamline the permitting process for some tidal energy projects. The bill, "An Act To Streamline the General Permit Process for Tidal Power", would relieve a perceived conflict between state and federal law over the permitting process.

Tidal energy has been harvested along the Maine coast for hundreds of years. While tide mills' heyday predated modern regulation of energy projects and their environmental impacts, anyone developing a modern tidal power project must navigate multiple layers of rules and requirements. The recent resurgence of interest in tidal energy has led to an often overlapping patchwork of regulations.

These rules can be hard to interpret, and occasionally lead to chicken-or-the-egg conundrums. For example, a 2009 Maine law created an expedited general permit process for certain small tidal power projects. Under that process, projects capable of generating up to 5 megawatts of power can qualify for an easier permitting path if their primary purpose is demonstrating or testing tidal technology. (By way of comparison, 5 megawatts is roughly equivalent to 6,705 horsepower - imagine what a tide miller could have done with that!)

Prior to filing a permit application with the Maine Department of Environmental Protection under the 2009 law, an applicant must first obtain a finding from the Federal Energy Regulatory Commission that the project will have no significant adverse impact on environmental quality. Unfortunately, before issuing that finding federal regulators want applicants to show that they are already seeking state approval. This regulatory conflict makes it hard for people who want to develop or redevelop a tidal resource to move forward.

To fix this problem, the DEP, Senator Mike Thibodeau of Waldo County, and Representative Joyce Maker of Calais proposed an amendment to Maine law. Their bill, known as LD 437, would enable the DEP to start processing an application without needing to wait for the federal environmental assessment. After a public hearing earlier this month, the legislature's Joint Standing Committee on Environment and Natural Resources voted to recommend that the bill ought to pass as amended.

Next steps for the tidal streamlining bill include consideration by the full Senate and House. Given the committee's vote, the bill seems likely to find further support in the two chambers. While its enactment may not launch a tide of new tidal power developments in Maine, relieving this piece of the regulatory tangle should help people test and demonstrate tidal power technologies old and new.

June 7, 2010 - update: Fort Halifax dam removal and erosion

A Morning Sentinel article today describes how the Maine Department of Environmental Protection is requiring FPL Energy Maine Hydro, the company that removed its Fort Halifax dam in July 2008, to stabilize the riverbank beneath the Fort Hill cemetery.

After years of legal battles, FPL removed the Fort Halifax dam from the mouth of the Sebasticook River in Winslow, Maine. As a condition of its dam removal permit, FPL was required to "closely monitor the slope adjacent to the cemetery and promptly remediate any slumping or erosion" in order "to protect the Fort Hill Cemetery from irreparable harm." Back in April, the riverbank suffered after another major landslides. FPL commissioned a study by Findlay Engineering Inc. of Yarmouth, which concluded that heavy rains and a small earthquake 41 miles away were contributing factors, but largely absolved FPL of responsibility.

Today, the news breaks that the Maine DEP is challenging FPL's study. DEP points to soil loss during the dewatering process, and a resulting lack of work by FPL to re-stabilize the slope after drawdown.