Bloom Energy’s Twinkie (Bagel) Defense

I asked the US EPA to investigate the Bloom Energy Bloomdoggle in Delaware and the rest of the country regarding the hazardous waste they send for treatment to an EPA licensed facility in Texas.

I now have a letter from the head of the EPA in the Philadelphia region to the cabinet secretary of the environment (DNREC)  in the state government of Delaware.  The letter exposes the following:

Bloom and DNREC claimed the tightly sealed strong metallic containers holding the hazardous waste were simply part of the manufacturing processing unit (MPU) and even when they were disconnected, placed in a truck, transported thousands of miles, and delivered to the Hazmat site in Texas these containers still functioned as part of the Bloom Coffins (MPUs) placed in the protected coastal zone of Delaware.

Bloom hired one of the most expensive seasoned lawyers in the country to come up with the Twinkie in a sealed canister defense (a BS defense).  She is Michele B. Coresh of Morrison Foerster.  Her link is below.  This 70 year old super lawyer lives in a $7 million penthouse in San Francisco on Green Street no less.

http://www.mofo.com/people/c/corash-michele-b

The B in her name is for Beigel so we will call the Twinkie defense the Bagel defense.  The spelling of bagels is also beigels .  This all comes from Polish where Bagels were first invented.  Forget that the bagel is in the shape of a zero and that the defense amounted to one big zero let’s see what the EPA told the head of DNREC.

In polite language on September 8, 2015

“EPA has determined that Bloom Energy’s Desulf Units do not fall in the MPU exemption and your June 3, 2015 conclusion is based upon an interpretation that is less stringent than the federal program and inconsistent with how the exemption has been implemented nationally.”

“EPA has determined once the Bloom Energy Desulf Units are disconnected from the facility’s fuel cell module, the MPU is no longer applicable and the spent filter material within each disconnected Deslph Unit is a solid waste that is subject to DRGHW Sec 262.11.”

“EPA looks forward to discussing the issue with you and your staff in order to identify steps that Bloom is in compliance with the hazardous waste regulations and the waste is properly managed.”

In plain language EPA did not buy the Bagel Twinkie defense that Bloom’s very high priced lawyer Ms. Michele Beigel Corash used.  The EPA took the Big O out of Corash and what you have is a CRASH when her defense Bloomeranged and bit Bloomdoogle in the Behind.