Massachusetts Port Authority (Board decision, July 31, 2025)

Plain-English summary

The Massachusetts Port Authority petitioned the Environmental Appeals Board to review provisions of an NPDES permit issued by EPA Region 1. The parties participated in the Board's Alternative Dispute Resolution program, entered into a Settlement Agreement, and completed the permit modification process described in that agreement. Massport and EPA Region 1 then filed a joint motion to dismiss under 40 C.F.R. § 124.19(k). The Board granted the request and dismissed the petition without deciding the merits of the permit provisions.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k)
• Outcome: The petition for review was dismissed after the parties reached a settlement and completed the related permit modification process.
• Key point: A permit appeal may be dismissed after a settlement resolves the challenged provisions and the agreed permit modifications are complete.

Full text (EPA EAB public release)

                                                                       F I L E D
                                                                           Jul 31, 2025
                                                                      Clerk, Environmental Appeals Board
                  ENVIRONMENTAL APPEALS BOARD INITIALS ________________________
         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C.


                                            )
                                            )

In re Massachusetts Port Authority )
) NPDES Appeal No. 23-03
NPDES Permit No. MA0000787 )
)
)

                  ORDER DISMISSING PETITION FOR REVIEW

   The Massachusetts Port Authority (“Massport”) petitioned the Environmental Appeals

Board to review certain provisions of a National Pollutant Discharge Elimination System permit,

which EPA Region 1 issued to Massport. Following the parties’ participation in the Board’s

Alternative Dispute Resolution program, Massport and EPA Region 1 have filed a Joint Motion

to Dismiss under 40 C.F.R. § 124.19(k) requesting dismissal of the petition. Joint Motion to

Dismiss, at 1-2 (July 30, 2025) (explaining that the parties entered into a Settlement Agreement

and that the permit modification process described in the Settlement Agreement is now

complete).

   Based on the Joint Motion to Dismiss and the representations contained therein, the

Environmental Appeals Board dismisses the petition for review.

   So ordered.1




   1
   The panel deciding this matter is composed of Environmental Appeals Judges Mary

Kay Lynch and Ammie Roseman-Orr.
 ENVIRONMENTAL APPEALS BOARD

    July 31, 2025

Dated: ____ By: ______
Mary Kay Lynch
Environmental Appeals Judge

                          -2-

CERTIFICATE OF SERVICE

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

of Massachusetts Port Authority, NPDES Appeal No. 23-03, were sent to the following persons in the manner indicated:

By Email:

For Massachusetts Port Authority: For U.S. EPA Region 1: Colin G. Van Dyke, Esq. Erin Flannery-Keith, Esq. Carlos R. Rosende, Esq. Megan Edwards, Esq. Anderson & Kreiger LLP U.S. EPA, Region 1 50 Milk Street, 21st Floor 5 Post Office Square, Suite 100 Boston, MA 02109 Boston, MA 02109 [email protected] [email protected] [email protected] [email protected]

For Co-Permittees:
Richard S. Davis, Esq.
Beveridge & Diamond PC
1900 N Street, Suite 100
Washington, DC 20036
[email protected]

      Jul 31, 2025

Dated: ____ _________
Tommie Madison
Clerk of the Board