General Electric Aviation (Board decision, September 29, 2015)

Plain-English summary

General Electric Aviation sought review of an NPDES permit issued by EPA Region 1. The company moved to dismiss its petition on September 24, 2015. It reported that the parties had reached a settlement and resolved all pending issues through a permit modification proceeding. The Environmental Appeals Board dismissed the petition with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. § 1.25(e)(1)
• Outcome: The NPDES 14-03 petition for review was dismissed with prejudice after settlement and permit modification.
• Key point: Resolution of all pending permit issues through a settlement and permit modification supported dismissal with prejudice.

Full text (EPA EAB public release)

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


                                              )

In re: )
) NPDES Appeal No. 14-03
General Electric Aviation )
)
NPDES Permit No. MA0003905 )
)

                      ORDER DISMISSING PETITION FOR REVIEW

      On September 24, 2015, the petitioner in the above-captioned matter, General Electric

Aviation (“GE”), filed a motion to dismiss its petition for review filed with the Environmental

Appeals Board. Petitioner General Electric Aviation’s Motion to Dismiss Petition for Review

(Sept. 24, 2015) (“Motion”). GE states in its motion that it has reached a settlement in this

matter with respondent U.S. Environmental Protection Agency Region 1. GE avers that the

parties were able to resolve all of the issues pending before the Board through a permit

modification proceeding. Motion at 1.

      Accordingly, the above-captioned petition for review is hereby dismissed with prejudice.

      So ordered.1


                                                  ENVIRONMENTAL APPEALS BOARD


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




      1
    The panel deciding this matter is comprised of Environmental Appeals Judges

Leslye M. Fraser and Kathie A. Stein. 40 C.F.R. § 1.25(e)(1).
 CERTIFICATE OF SERVICE

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

General Electric Aviation, NPDES Appeal No. 14-03, were sent to the following persons in the
manner indicated:

By First Class Certified Mail/
Return Receipt Requested and Facsimile:

Brooks M. Smith
Troutman Sanders LLP
1001 Haxall Point
Richmond, VA 23219
Tel.: (804) 697-1414
Fax: (804) 697-1339

By EPA Pouch Mail and Facsimile:

Mark A. Stein
Senior Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 1
5 Post Office Square, Suite 100 (ORA18-1)
Boston, MA 02109-3912
Tel.: (617) 918-1077
Fax: (617) 918-0077

   Dated: SEP 29, 2015                         Annette Duncan
                                               Secretary