GSP Schiller LLC (Board decision, April 10, 2024)

Plain-English summary

Sierra Club and Conservation Law Foundation petitioned the Environmental Appeals Board to review conditions of an NPDES permit issued by EPA Region 1 to GSP Schiller LLC. The petition concerned NPDES Permit No. NH0001473. After participating in the Board's Alternative Dispute Resolution program, the petitioners moved to dismiss the petition. They represented that the parties had executed a settlement agreement on March 27, 2024. The Board dismissed the petition based on those representations.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19
• Outcome: The petition for review was dismissed after the petitioners reported that the parties had reached a settlement.
• Key point: An NPDES permit appeal may be dismissed when the petitioners move for dismissal after the parties execute a settlement agreement.

Full text (EPA EAB public release)

                                                                      F I L E D
                                                                         Apr 10, 2024
                                                                    Clerk, Environmental Appeals Board
                                                                    INITIALS ________________________
                 ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.

                                            )
                                            )

In re GSP Schiller LLC ) NPDES Appeal No. 23-02
)
NPDES Permit No. NH0001473
)
)

                  ORDER DISMISSING PETITION FOR REVIEW

   Sierra Club and Conservation Law Foundation petitioned the Environmental Appeals

Board to review certain conditions of National Pollutant Discharge Elimination System Permit

No. NH0001473, which the U.S. Environmental Protection Agency Region 1 issued to GSP

Schiller LLC. Following the parties’ participation in the Board’s Alternative Dispute Resolution

program, Petitioners moved to dismiss the petition for review. Motion to Dismiss Petition for

Review 1-2 (Apr. 8, 2024). In support of the Motion, Petitioners represent that the parties

executed a settlement agreement on March 27, 2024, and that the Motion is consistent with the

terms of the settlement agreement.

   Based on the representations in the Motion, the Board dismisses the petition for review.

   So ordered.1


                                                 ENVIRONMENTAL APPEALS BOARD


    April 10, 2024

Dated: ____ By: ______
Aaron P. Avila
Environmental Appeals Judge

   1
    The two-member panel deciding this matter is composed of Environmental Appeals

Judges Aaron P. Avila and Mary Kay Lynch.
 CERTIFICATE OF SERVICE

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

of GSP Schiller LLC, NPDES Appeal No. 23-02, were sent to the following persons in the manner indicated:

By Email:

For Petitioner Sierra Club: For Respondent EPA Region 1: Sarah Krame Michael Curley Zachary M. Fabish Office of Regional Counsel SIERRA CLUB U.S. EPA, Region 1 50 F St. NW, 8th Floor 5 Post Office Square, Suite 100 Washington, DC 20001 Mail code: 04-WI Tel. (202) 548-4597 Boston, MA 02109 [email protected] Tel. (617) 918-1623 [email protected] [email protected]

For Petitioner Conservation Law For Permit Applicant GSP Schiller LLC: Foundation: P. Stephen Gidiere III Thomas F. Irwin Thomas G. DeLawrence CONSERVATION LAW FOUNDATION Balch & Bingham LLP 27 North Main Street 1901 6th Avenue North, Suite 1500 Concord, NH 03301 Birmingham, AL 35203 Tel. (603) 573-9139 Tel. (205) 251-8100 [email protected] [email protected]
[email protected]

     Apr 10, 2024

Dated: ____ ______
Emilio Cortes
Clerk of the Board