Ivy Frignoca is baykeeper at Friends of Casco Bay. Luke Frankel is staff scientist at the Natural Resources Council of Maine.

Wyman Power Station on Cousins Island, which burns heavy and residual oil, recently submitted a request for a clean air exemption to the Maine Department of Environmental Protection (DEP) that would allow it to avoid complying with updated air quality standards for nitrous oxides (NOx).

In its request, the plant owner, Florida-based NextEra Energy, says it plans to operate Wyman Station for 13 more years.

Wyman should not be granted this exemption. The Clean Air Act was established to protect public health and the environment. It has significantly reduced air pollution but was intended to do more for areas not attaining ozone standards.

By May 2026, sources like Wyman Station that emit NOx were required to reduce their emissions with new technology or seek the use of alternate technology. Wyman proposed to keep emitting at its present levels, with no updated technology.

A major energy company valued at more than $200 billion should not be allowed to skirt these common-sense safeguards by arguing that compliance is too expensive based on questionable reasoning.

Over the past few decades, Wyman has generally operated as a “peaker” plant — producing electricity only when demand and prices are high, typically during cold snaps and heatwaves. This serves an important use now, but we must plan for a future where we rely on local clean energy sources, rather than outdated power plants that emit high pollution loads.

Wyman is one of Maine’s oldest, largest and most polluting fossil fuel power plants, and is located on Casco Bay, a vital coastal ecosystem that is home to important recreational and commercial fishing resources. Transportation of fossil fuels in Casco Bay for this plant and other uses also poses an inherent risk of oil spills and other pollution impacts that harm the long-term health of our ocean waters, wildlife and tourist economy.

In high concentrations, the NOx emitted from Wyman’s smokestacks can create smog that causes serious respiratory issues for vulnerable populations like children, older Mainers and people with other preexisting health issues. NOx emissions can also lead to the formation of acid rain and nutrient pollution that threatens the health of Casco Bay and other vulnerable ecosystems.

Since Wyman’s operations often overlap with periods of hot, sunny weather that is conducive to ozone formation, the facility’s NOx emissions have the potential to be especially potent for worsening seasonal ozone, smog and haze.

Unfortunately, the DEP has issued a draft license approving the exemption for Wyman, siding with NextEra’s claim that it is unreasonably expensive to install new technology to comply with the new NOx standards given the plant’s infrequent operation.

The Natural Resources Council of Maine and Friends of Casco Bay have joined Yarmouth residents, Conservation Law Foundation, Slingshot, Clean Air Task Force and Maine Conservation Voters to oppose NextEra’s request to avoid complying with the stricter standards that it claims are too expensive.

Our analysis did not substantiate that. In fact, our basic research and scrutiny allowed us to demonstrate in our joint comments submitted to the DEP that the company’s analysis was misleading.

As Maine and other New England states continue to make progress toward reducing our dependence on expensive imported fuels by investing in clean energy solutions like heat pumps, demand for electricity is projected to increase. Without adequate protections in place, it is likely that Wyman’s operations could increase in the future, especially if new sources of renewable energy are slower to come online due to climate denial by the Trump administration.

NextEra can’t have it both ways. It can’t argue that Wyman Station doesn’t operate enough to warrant upgrading the plant to comply with clean air laws while still leaving the door open to operate at higher levels and emit more pollution for 13 more years.

DEP must require NextEra to either commit to a continued low level of operation or be required to upgrade the plant to comply with clean air laws.