General Electric Company (Board decision, April 23, 2009)

Plain-English summary

General Electric Company withdrew its petition challenging conditions in NPDES Permit No. MA0003891. EPA Region 1 told the Board that it also intended to withdraw the contested conditions and propose modified conditions for public review and comment. The Board approved GE’s withdrawal and dismissed the petition in its entirety with prejudice. The order did not decide the merits of the permit conditions.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: Procedural. GE’s withdrawn petition was dismissed with prejudice in its entirety.
• Key point: The Board closed the appeal after GE withdrew its petition and EPA planned revised permit conditions for public review.

Full text (EPA EAB public release)

                     ENVIRONMENTAL APPEALS BOARD
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  WASHINGTON, D.C.

In re: )
)
General Electric Company ) NPDES Appeal No. 08-25
)
NPDES Permit No. MA0003891 )
)

                ORDER DISMISSING PETITION FOR REVIEW

    On April 21, 2009, General Electric Company (“GE”) withdrew its petition for review in

the above-captioned matter, and U.S. Environmental Protection Agency, Region 1 (“Region”) informed the Environmental Appeals Board (“Board”) of the Region’s determination to withdraw the contested conditions of NPDES permit number MA0003891 and to propose modified conditions for public review and comment. Region’s Notice of Withdrawal of Contested Conditions (April 21, 2009) (“Region’s Notice”); GE’s Notice of Withdrawal of Petition for Review (April 21, 2009). The Region states that it will issue a public notice of proposed revised permit conditions in a draft permit modification within the next two weeks. Region’s Notice at 3.

    For good cause shown, the Board approves GE’s withdrawal of its petition, and the Board

hereby DISMISSES WITH PREJUDICE the petition in its entirety.

    So ordered.

    Dated: April 23, 2009                         ENVIRONMENTAL APPEALS BOARD

                                                  By: ________________________________
                                                      Kathie A. Stein
                                                      Environmental Appeals Judge


                          CERTIFICATE OF SERVICE

    I hereby certify that copies of the forgoing Order Dismissing Petition for Review, in the matter of

General Electric Company, NPDES Petition No. 08-25, were sent to the following Persons in the manner indicated:

By U.S. First Class Mail and Brooks M. Smith Facsimile: Hunton & Williams LLP
951 East Byrd Street
Richmond, VA 23218
Facsimile: (804) 788-8218

By EPA Pouch Mail and Samir Bukhari Facsimile: Office of Regional Counsel
U.S. EPA Region 1 (RAA)
One Congress St., Suite 1100
Boston, MA 02114-2023
Facsimile: (617) 918-0095

Dated: April 23, 2009 ________
Annette Duncan
Secretary