Wyman Gordon Company (Board decision, March 7, 2008)

Plain-English summary

EPA Region 1 and the Massachusetts Department of Environmental Protection jointly issued a final modification to Wyman Gordon Company's NPDES Permit No. MA0004341. The modification addressed the concerns Wyman Gordon raised in its petition for review. The Environmental Appeals Board dismissed the petition with prejudice at the parties' request. The order does not state a penalty.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: Wyman Gordon's petition for review was dismissed with prejudice after a final permit modification addressed its concerns.
• Key point: A permit modification resolving the petitioner's concerns led the Board to dismiss the stayed appeal with prejudice.

Full text (EPA EAB public release)

               BEFORE THE ENVIRONMENTAL APPEALS BO
          UNITED STATES ENVIRONMENTAL PROTECTION
                          WASHINGTON, D.C.

In re:

Wyman Gordon Co. NPDES Appeal No. 06-14

NPDES Permit No. MA0004341

                  ORDER DISMISSING PETITION FOR REVIEW

     In a joint status report filed March 3, 2008, U.S. Environmental Protection Agency

Region 1 ("Region") and petitioner Wyman Gordon Company ("WGC") advised the

Environmental Appeals Board ("Board") that the Region and Massachusetts Department of

Environmental Protection ("MDEP") have jointly issued a final permit modification addressing

the concerns that WGC expressed in its Petition for Review of NPDES Permit No. MA0004341.

As a result of the permit modification, the parties request that the Board dismiss WGC's Petition

for Review.

     1 NPDES Permit No. MA0004341 was originally issued by the Region and MDEP to

WGC on September 28, 2006. WGC filed its Petition for Review with the Board on October 31,
2006. The petition has been stayed since December 22, 2006, so that the parties may attempt to
resolve the case.

  Accordingly, WGC's Petition for Review of NPDES Permit No. MA0004341 is hereby

dismissed with prejudice.

  So ordered.


                                ENVIRONMENTAL APPEALS BOARD



 [illegible]                              By: [illegible]
                                          Kathie A. Stein
                                      Environmental Appeals Judge



                          CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the

matter of Wyman Gordon Company, NPDES Appeal No. 06-14, were sent to the following
persons in the manner indicated:

By Pouch Mail and Facsimile: Samir Bukhari, Esquire
U.S. EPA Region I
One Congress Street, Suite 1100, Mail Code RAA
Boston, MA 02114-2023
Fax No. 617-918-0095

By First Class Mail and Facsimile: Norman E. Bartlett, II, Esquire
Bowditch & Dewey
175 Crossing Boulevard, Suite 500
Framingham, MA 01702
Fax No. 508-929-3080

         [illegible]
    [illegible]

Date: [illegible]