Alyeska Pipeline Service Company (Board decision, October 28, 2013)

Plain-English summary

Alyeska Pipeline Service Company appealed monitoring provisions in the NPDES permit for its Valdez Marine Terminal. Alyeska and EPA Region 10 reached a settlement in principle under which the Region agreed to modify the permit's whole effluent toxicity monitoring provisions after public notice and comment. Region 10 issued the final permit modification on October 18, 2013, and Alyeska then filed an unopposed motion to dismiss its appeal. The Board dismissed the petition with prejudice. The order does not state a monetary penalty.

Decision snapshot

• Cited authorities: The order cites no statute or regulation.
• Outcome: The petition for review was dismissed with prejudice after the permit modification.
• Key point: An appeal may be dismissed after the permitting region issues an agreed modification and the appellant moves to dismiss.

Full text (EPA EAB public release)

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

Clerk, Environmental Appeals Board
INITIALS

In re:
Alyeska Pipeline Service Co.
Valdez Marine Terminal
NPDES Permit No. AK-002324-8

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[illegible signature]

NPDES Appeal No. 12-04

ORDER GRANTING MOTION TO DISMISS PETITION FOR REVIEW
On October 21, 2013, petitioner Alyeska Pipeline Service Company ("Alyeska") filed an unopposed motion to dismiss its appeal in the above-captioned matter. Previously, Alyeska and Region 10 of the U.S. Environmental Protection Agency ("Region") had engaged in settlement discussions and reached a settlement in principle whereby the Region agreed to issue a permit modification regarding certain whole effluent toxicity ("WET") monitoring provisions, subject to public notice and comment. Order Granting Motion for Stay of Proceedings at 1 (Mar. 22, 2013). The Region issued the final permit modification on October 18, 2013. Counsel for Alyeska has consulted with the Region, and the Region does not oppose Alyeska's motion to dismiss the petition for review. Accordingly, the above-captioned petition for review is dismissed with prejudice. So ordered. ENVIRONMENTAL APPEALS BOARD

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 Alyeska Pipeline Service Co., NPDES Appeal No. 12-04, were sent to the following persons in the manner indicated: By Facsimile and First Class U.S. Mail:

Svend Brandt-Erichsen
Marten Law PLLC
1191 Second Avenue, Ste. 2200
Seattle, WA 98110
Telephone: (206) 292-2600
Facsimile: (206) 292-2601
By Facsimile and EPA Pouch Mail:

Kimberly A. Owens
Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 10
1200 Sixth Avenue, Suite 900, ORC-158
Seattle, WA 98101
Telephone: (206) 553-6052
Facsimile: (206) 553-0163
Courtney Weber
Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 10
1200 Sixth Avenue, Suite 900, ORC-158
Seattle, WA 98101
Telephone: (206) 553-1477
Facsimile: (206) 553-0163

Date:

OCT 2 8 2013
Annette Duncan
Secretary