Maryland environmental regulators proposed new restrictions Thursday on operations at a massive coal export terminal in South Baltimore, a long-awaited decision that comes after community members and activists have called on the state for months to shut the facility down.
Among the most significant changes proposed by the Maryland Department of the Environment for CSX Transportation’s coal piers in Curtis Bay is a requirement that the company erect large physical barriers to prevent coal dust from wafting off the open-air site and polluting the surrounding neighborhood.
These barriers “must at a minimum surround all coal storage piles completely,” the draft permit states, though whether this would be a single barrier, or several around multiple piles, would be up to CSX. Under the proposed operating permit, the environmental department would not require that CSX fully enclose the terminal from above — as is the case with some storage facilities in other parts of the country — but the regulations would necessitate that barriers be higher than the facility’s massive coal mounds.
The state’s proposed operating permit for the CSX coal piers is its first since an explosion at the site rocked the surrounding Curtis Bay neighborhood in late 2021, catalyzing a new push to end coal exports from the neighborhood.
The environmental department is accepting written comment on the draft permit until Oct. 15, and a public meeting on the proposal is scheduled for Oct. 10 at 6 p.m. at the Curtis Bay Recreation Center — which is across the street from the CSX coal facility.
The Jacksonville, Florida-based rail giant would have about two years from the time the operating permit is issued before it would have to complete construction of a physical barrier, including 120 days to submit a plan to the state and 18 months to construct the enclosure.
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Regulators with the Department of the Environment have argued that they don’t have the power to shut down the CSX piers — as some residents have asked — since the company is federally licensed to export coal. New permit requirements, though, could offer the state a lever to clamp down on the site.
“We have been listening to the residents and will continue to seek their input before making a final decision. We are committed to environmental justice for Curtis Bay and communities across Maryland. As with any permit application, our priorities are to protect the environment and public health,” Maryland Secretary of the Environment Serena McIlwain said in a statement Thursday.
In a statement, CSX spokeswoman Sheriee Bowman said the rail company is reviewing the state’s proposed permit and looks forward to weighing in during the public comment period. Bowman pointed to the approximately $60 million CSX has invested in its Curtis Bay piers in the last five years and said the company “is committed to environmental compliance and the safety and health” of its employees, customers and the public.
Previously, though, CSX has questioned the findings of the state’s collaborative report on coal dust pollution from its Curtis Bay facility and appealed to regulators not to rely on the study to draft its new permit. Any regulatory decision based on the state’s collaborative report would be “arbitrary and capricious” and “not in compliance with Maryland law,” the company said in a lengthy rebuttal earlier this year — potentially laying the groundwork for a lawsuit over a restrictive environmental permit.
Some activists and community members have been pushing the state to deny CSX an operating permit altogether, especially in light of the late December 2021 explosion which shook the ground, shattered windows and covered Curtis Bay in more coal dust. A buildup of methane gas at the facility caused the explosion.
Greg Sawtell, a representative for the Community of Curtis Bay Association and South Baltimore Community Land Trust, said both organizations are reviewing the Department of the Environment’s proposals before commenting. In the meantime, though, Sawtell said community members in South Baltimore and along CSX rail lines continue to deal with coal dust pollution.
“Every day this is allowed to continue by state and federal officials is unacceptable,” he said.
The draft permit also includes provisions that would require CSX to apply water to train cars loaded with coal entering its facility and upgrade existing water nozzles to mitigate coal dust where the fossil fuel is moved from trains to conveyor belts. Those measures would have to be in place sooner than the physical barrier.
The Curtis Bay facility’s current permit would have expired in September 2023, but the state extended it last fall in part to solicit more input from the community. That included a report the Department of the Environment conducted in partnership with community members and citizen scientists showing for the first time the extent of coal dust pollution in the Curtis Bay neighborhood.
The permit renewal process, which was expected to wrap up in spring 2024, was further stalled by the collapse of the Francis Scott Key Bridge, according to state regulators.
The department said this type of operating permit does not, under existing law, trigger a mandatory public comment period. But, officials said, the importance of this permit led them to start one regardless.
Since the 2021 explosion, CSX has reached a settlement with the state over alleged violations surrounding the explosion, and a $1.75 million settlement in a class-action lawsuit brought against the company by Curtis Bay residents.
The state’s new proposed regulations also come as coal exports through the Port of Baltimore are booming.
Between CSX and a separate terminal across the water, coal exports through the port surged to a historic peak last year — ballooning to almost 28 million short tons, or nearly eight times more than levels in 2002.
Reporter Daniel Zawodny contributed to this article.
