A requirement established by the Virginia Clean Economy Act could force a Lorton incinerator that converts waste into energy to shut down, undermining the intent of the law, state Sen. Scott Surovell (D-34) says.
The Senate majority leader plans to introduce a bill at the Virginia General Assembly’s upcoming session that would exclude Fairfax County’s I-95 Energy Resource Recovery Facility (9898 Furnace Road) from regulations requiring larger electricity generators to reduce their carbon dioxide emissions, starting in 2031.
Operated by the waste management company Reworld, the I-95 facility currently processes more than 1.12 million tons of waste annually from Fairfax County, Arlington and D.C. Instead of languishing in a landfill, the waste is burned, and the resulting steam powers a generator that produces 93 megawatts of electricity a year.
However, the facility would be out of compliance with the Virginia Clean Economy Act, a sweeping piece of environmental legislation signed into law by then-Gov. Ralph Northam in April 2020.
Among other provisions, the law directs the Virginia Department of Environmental Quality’s (DEQ) Air Pollution Control Board to adopt regulations for reducing carbon emissions from “any electricity generating unit” that produces at least 25 megawatts of energy, regardless of how it’s fueled.
The board wasn’t allowed to approve any regulations until July 1, 2024, and the Clean Economy Act’s plan to phase out greenhouse gas-emitting fossil fuels largely fell by the wayside under current Gov. Glenn Youngkin, who instead championed an All-of-the-Above energy plan that includes natural gas and nuclear power.
However, with Gov.-elect Abigail Spanberger set to take office on Jan. 17 and majorities in both the House of Delegates and state Senate, Democrats hope to reprioritize Virginia’s transition to clean and renewable energy sources. That could spell trouble for Reworld’s facility, if DEQ now moves forward with its mandated electricity generator regulations, which would be in place from 2031 through 2050.
“This could significantly change the economics of the County’s incinerator and/or require it to be shut down,” Surovell explained by email to FFXnow. “… [A] shut down would require 1 billion pounds of trash to be shipped to the landfill in King George [County] every year or about one 18-wheeler every two minutes going down I-95 thru the Occoquan bottleneck.”
As of press time, the text of Surovell’s bill was unavailable since it hasn’t been officially filed yet. The General Assembly will convene in Richmond for its 2026 session next Tuesday (Jan. 13).
But both Reworld and the Fairfax County Department of Public Works and Environmental Services (DPWES), which oversees the county’s trash and recycling services, agreed that an exemption for the I-95 facility is needed.
“We cannot confirm or comment on Senator Surovell’s legislation or intent, although DPWES does concur that a legislative adjustment is warranted specifically for the unique waste-to-energy generation operations of Reworld,” a department spokesperson said.
While the incinerator does produce greenhouse gases, including carbon dioxide and monoxide, sulfur dioxide and nitrogen oxide, as well as particulate matter, Reworld Director of Communications Linda Ribakusky says its emissions levels are much lower than those of traditional landfills, which emit methane as organic materials decompose.
“Without an exemption, the Virginia Clean Economy Act would incentivize higher greenhouse gas emissions – which is contrary to the intent of the legislation,” Ribakusky said in a statement to FFXnow. “Requirements that treat [waste-to-energy] facilities the same as conventional power plants do not reflect the essential role they serve in reducing landfill methane, supporting local waste needs, and providing dependable, local renewable energy.”
The facility also can’t simply switch fuel sources to reduce its carbon footprint, because it runs on solid waste from Fairfax County and other jurisdictions, DPWES noted.
Ribakusky says Reworld hopes to collaborate with state and local officials to ensure its I-95 incinerator remains available as a waste management option, while also support Virginia’s climate goals:
Reworld™ facilities have a long track record of strong environmental performance. Our thermomechanical treatment facilities consistently operate up to 97 percent below federal emissions limits, while complying with some of the most stringent environmental standards in the country. This performance reflects decades of investment in advanced controls, monitoring, and operational excellence.
We look forward to continuing to work with state and local leaders, regulators, and the Fairfax community to support Virginia’s long-term sustainability and climate goals and stand behind policies that recognize the environmental and infrastructure value these facilities provide.
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