Former EPA Administrator Judith Enck Commends DEC for Denying Greenidge Generation's Air Permits

ALBANY, NY (07/06/2022) (readMedia)-- Former Environmental Protection Agency (EPA) Regional Administrator Judith Enck joined Errol Louis on "Inside City Hall" on Tuesday to discuss the United States Supreme Court limiting the EPA's ability to regulate greenhouse gas emissions. They also discussed the New York State Department of Environmental Conservation's recent denial of Greenidge Generation's air permits, with Enck commending the DEC for its decision in the face of the SCOTUS ruling:

"Just a few days ago, the New York Department of Environmental Conservation wisely denied the air pollution permit renewal for this plant... The good news is that states can still act absent the EPA."

Louis then asked if the issue with Greenidge Generation was specific to cryptomining. Enck responded:

"Put cryptocurrency aside, [the issue is] re-opening a mothballed fossil fuel power plant in the Finger Lakes and emitting massive amounts of climate-warming greenhouse gases. So whether it's to run a whole bunch of computers for cryptocurrency or to take care of orphans, it's still going to damage the environment. What we need to do is close fossil fuel power plants and not allow new ones to be constructed if we're going to have a fighting chance to address climate change."

Background

Proof-of-work cryptocurrency is an extremely energy-intensive process that requires thousands of machines whirring 24/7 to solve complex equations. The more machines that are running, the faster a coin is mined. Each one of these machines requires energy to run, plus more energy to run cooling technology. Globally, proof-of-work Bitcoin mining uses the same amount of energy each day as the entire country of Argentina. It produces 30,700 metric tons of e-waste each year, comparable to the yearly IT equipment waste of the Netherlands.

On June 30, after years of advocacy from more than 1,000 local businesses, organizations, bipartisan elected officials, winemakers, labor unions, and more, Governor Hochul and the New York State Department of Environmental Conservation (DEC) finally denied the Title V Air Permit renewal for Greenidge Generation, a fracked gas power plant producing its own power to operate its flight of around 20,000 Bitcoin mining machines. The plant is still operating as it appeals the decision. There is legal precedent for Greenidge's permits to be denied: Recently, Judge Robert A. Onofry affirmed in his decision regarding Danskammer Energy LLC, that Governor Hochul and the DEC have ample authority to deny air permits under the nation-leading Climate Leadership and Community Protection Act.

Located on the shores of Seneca Lake, Greenidge Generation plans to expand to over 32,500 machines, with visible smokestacks pumping dirty fossil fuels into the air 24/7. It's on track to emit over one million tons of CO2 each year, equal to that of 100,000 homes. Greenidge also sucks up to 139 million gallons of water each day from Seneca Lake and dumps it back in at up to 108 degrees. Gregory Boyer, director of SUNY's Great Lakes Research Consortium, warned about Greenidge's potential to cause toxic algal blooms, which can be dangerous or fatal to humans and other animals in Seneca Lake, making this water source for 100,000 people completely unusable for drinking, bathing, and other needs.

Cryptomining became a major issue in New York in recent months, and a flashpoint in the 2022 gubernatorial election. As crypto crashed and Governor Hochul refused to commit to signing the cryptomining moratorium passed by the state legislature, she took campaign donations from crypto billionaires and lobbyists. Upstate GOP and democrat leaders joined together and called on Governor Hochul to curb cryptomining, scientists implored her to follow the science on climate (as she did with COVID), and winemakers urged her to protect their threatened industry. In April, researchers from Cornell University FOILed for the public comments submitted to the DEC about Greenidge and found that 98% of the comments were in opposition to the facility's operations.

Greenidge was the test case for cryptomining in New York, and it's just the beginning. After being banned in China, outside speculators are flocking to New York to take advantage of a complete lack of regulations. New York now hosts a significant portion of the U.S.'s cryptomining, despite the economic risks associated with cryptomining and cryptocurrency, as advocacy groups Strong Economy for All and Action Center On Race and the Economy suggest. That's why advocates are urging Governor Hochul to sign the widely popular cryptomining moratorium bill.

During the June 7 debate, Governor Hochul claimed that there is no connection between cryptocurrency industry donations to her campaign and her pending decision about the cryptomining moratorium bill. She said that she is reviewing the bill, and while still refusing to commit to signing the bill, she said: "We have to be very cautious about facilities going into former fossil fuel power plants...I am not interested in doing anything to harm the environment because I have the most ambitious climate law on the books."

Advocates are demanding she prove it by signing the bill to build on this momentous Greenidge Generation decision. The bill will establish a two-year moratorium on new and renewed permits for proof-of-work cryptomining operations housed at fossil fuel-burning power plants. The bill will also require the Department of Environmental Conservation to perform a full environmental impact assessment in a year's time on cryptomining operations and how they affect New York's ability to meet the climate goals mandated in the Climate Leadership and Community Protection Act. However, it would not affect permit applications that have already been submitted or cryptomining plants that are already operating, of which there are many in New York.

More than 1,000 organizations, businesses, environmental activists, concerned residents, wine makers, elected officials, and more have taken action over the last year in opposition to Greenidge and cryptomining in New York State. NYC Comptroller Brad Lander sent a letter to NYS Leadership expressing strong support for a cryptomining moratorium. A letter sent to Governor Hochul in October was signed by more than 650 individuals and groups. In letters to Governor Cuomo last year opposing Greenidge Generation's expansion from an emergency peaker plant to a 24/7 Bitcoin mining operation, organizations, businesses, and Finger Lakes residents demanded Gov. Cuomo revoke Greenidge's grandfathered-in permits. Additionally, several groups sent an open letter to Senators Gillibrand and Schumer urging them to visit the Finger Lakes and meet the residents and business owners whose livelihoods suffered the environmental and economic consequences of Greenidge.

Advocates are also calling on Governor Hochul to put a moratorium on cryptomining through executive action. The Governor is well within her legal authority to act, according to a white paper from Columbia Law School Sabin Center for Climate Change Law: A Pause on Proof-Of-Work: The New York State Executive Branch's Authority to Enact a Moratorium on the Permitting of Consolidated Proof of Work Cryptocurrency Mining Facilities. The paper (summary of findings available here) draws on precedent established in 2010 when the executive branch signed the fracking moratorium. It finds the Governor has authority to stop new proof-of-work cryptomining operations by enacting a moratorium on the permitting of these facilities until a Generic Environmental Impact Statement (GEIS) to determine the full extent of the impacts of mining on communities is complete.

Cryptomining is at odds with the overwhelmingly popular amendment to the New York state constitution passed last year, which guarantees every New Yorker the right to clean air, clean water, and a healthful environment. Revitalizing old polluting power plants for private financial gain, with drastic consequences for our air, water and climate, all while causing huge amounts of noise pollution, is now unconstitutional - and ought to be treated as such.

Reform groups Common Cause/NY and NYPIRG have specifically criticized the crypto mining industry for exploiting public resources and straining the energy grid for private gain, and a group of federal lawmakers led by Senator Elizabeth Warren requested details from six major Bitcoin mining companies about their electricity usage and contributions to climate change. The NY League of Conservation voters sent a letter to Governor Hochul urging her to pause and regulate cryptomining, and 1199 SEIU recently announced their endorsement of a cryptomining moratorium. Earlier this year, President Biden issued an executive order requiring federal agencies study the legal, economic, and environmental impacts of cryptocurrencies, including Bitcoin mining.

About Seneca Lake Guardian

Seneca Lake Guardian is a New York State Not-for-Profit Corporation with 501(c)(3) and is dedicated to preserving and protecting the health of the Finger Lakes, its residents and visitors, its rural community character, and its agricultural and tourist related businesses through public education, citizen participation, engagement with decision makers, and networking with like-minded organizations.