BIDDEFORD — The Maine Energy Recovery Company incinerator has been operating under an expired air license since 2005. A Department of Environmental Protection representative said this is on the “longer side” for a state license renewal, but that once the emissions level for one class of pollutants is finalized, the end will be in sight.

On Thursday at 7 p.m. at Biddeford City Hall, the DEP will hold a public meeting to listen to comments about a draft license that addresses volatile organic compound, or VOC, emissions from the downtown facility.

The city objects to the proposed draft, said Biddeford Code Enforcement Officer Brian Phinney.

From the city’s point of view, he said, this draft includes an increase in the level of allowable VOC emissions from the incinerator ”“ from approximately 50 tons per year to 75 tons per year ”“ which shouldn’t be permitted.

Volatile organic compounds contribute to ground level ozone and are a public health hazard that, according to the U.S. Environmental Protection Agency, can lead to a range of health problems from eye, nose and throat irritation to damage to the liver, kidneys and central nervous system, and can even cause cancer.

In addition to allowing for an increase in VOC emission limits, said Phinney, the methods detailed in the draft “to determine compliance (of emissions levels) are inadequate.”

The methodology only estimates the level of emissions, he said, and doesn’t provide a useful way of monitoring emissions because it doesn’t take into account variables such as the changing make-up of solid waste processed at the facility.

Thursday will be the first public meeting in Biddeford relating to the downtown incinerator’s expired air license. Because the facility applied for a new license within the designated time frame, it has been allowed to operate under its old air license until the DEP puts a new one in place.

One of the issues that needs to be addressed before drafting a new air license is VOC emissions, said Phinney. He said in the city’s opinion, the old license only addressed emissions from the facility’s combustion stacks. However, DEP spokesman Eric Kennedy said in the agency’s opinion, the limit addressed VOC emissions from the entire facility.

In addition, said Kennedy, the emissions limit wasn’t an “enforceable” limit that could allow the DEP to penalize Maine Energy if the limit was exceeded. The limit was only used to calculate the cost of the facility’s air license. When a new limit is put in place, said Kennedy, it will be enforceable. This would allow the DEP to assess penalties against the facility if the limits are exceeded.

A much greater source of VOC emissions than the combustion stacks is the wet scrubbers, said Phinney. These were installed in 2000 as a way to improve ambient air and reduce odor emitted from the incinerator. However, many still complain that odor from Maine Energy is offensive. Some city officials, business owners and others contend it has been a major hindrance to the full development of the downtowns of both Biddeford and Saco.

When these scrubbers were installed they were identified as an insignificant source of VOC emissions, producing less than one ton of VOC emissions per year.

However, according to testing of the scrubbers conducted in 2003, the emissions are approximately 50 tons per year, said Maine Energy spokesman Ken Robbins.

These scrubbers are less efficient in reducing VOC emissions than the combustion stack, said Phinney.

This draft license allows an increase in VOC emissions, he said, and allows a redirection of the emissions from a higher emissions control medium ”“ the combustion stacks ”“ to a lower emissions control mechanism ”“ the scrubbers.

Maine Energy hasn’t lodged any objections to the draft, said Robbins.

“We believe we can comply with the proposed draft license limits,” he said.

Thursday’s meeting will be an opportunity for local residents “to tell the DEP what we think,” said Mayor Joanne Twomey, who has been a longtime opponent of Maine Energy.

We “have to make sure the license is enforceable,” she said.

The mayor said she is concerned about what a new air license will allow because “we have a governor who says he wants less regulation.”

“They’ve had less regulation,” said Twomey about Maine Energy. “Casella (the parent company of Maine Energy) has had carte blanche in this state.”

After Thursday’s meeting, said Kennedy, there will be an estimated 30-day period when written comments about the draft will be accepted by the DEP. All comments will be taken into consideration when preparing the final license, he said.

Once the license regulating VOCs is completed, said Kennedy, it will likely be a matter of months before the entire Part 70 air license regulating a much broader spectrum of emissions from Maine Energy is completed.

— Staff Writer Dina Mendros can be contacted at 282-1535, Ext. 324 or dmendros@journaltribune.com.