City of Holyoke Department of Public Works (Board decision, August 26, 2024)

Plain-English summary

The City of Holyoke Department of Public Works petitioned for review of provisions in its NPDES permit. The City notified the Board that the parties had executed an Agreement in Principle concerning metals effluent limits, PFAS monitoring requirements, and the expected effective date of contested provisions. The Board treated the notice as a motion to dismiss under 40 C.F.R. § 124.19(k) and dismissed the petition.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k)
• Outcome: The City's petition for review was dismissed.
• Key point: An appeal may be dismissed after the parties reach an agreement addressing the contested permit provisions.

Full text (EPA EAB public release)

F I L E D
Aug 26, 2024
Clerk, Environmental Appeals Board
INITIALS ______

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

In re City of Holyoke Department of Public
Works
NPDES Permit No. MA0101630

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NPDES Appeal No. 24-01

ORDER DISMISSING PETITION FOR REVIEW
On August 22, 2024, City of Holyoke Department of Public Works filed a “Notice of Dismissal for the City of Holyoke.” Based on the contents of the filing, the Board construes this notice as a motion for dismissal of petition pursuant to 40 C.F.R. § 124.19(k). In support of its filing, the City states that the parties executed an Agreement in Principle on August 19, 2024, that “provides for a letter from EPA to the City regarding certain metals effluent limits, provided clarity with respect to certain PFAS monitoring requirements, and clarified the anticipated effective date of the contested provisions for the Final Permit upon resolution of the appeal.” Notice of Dismissal for the City of Holyoke 2 (Aug. 22, 2024). The City further states that its filing is consistent with the Agreement in Principle. Id. In light of the City’s filing and the representations contained therein, the Environmental Appeals Board dismisses the City’s petition for review.

So ordered. 1
ENVIRONMENTAL APPEALS BOARD
Dated: August 26, 2024

By: ________
Mary Kay Lynch
Environmental Appeals Judge

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The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Wendy L. Blake, and Mary Kay Lynch. 2

CERTIFICATE OF SERVICE
I certify that copies of the foregoing Order Dismissing Petition for Review in the matter of City of Holyoke Department of Public Works, NPDES Appeal No. 24-01, were sent to the following persons in the manner indicated: By Email: For: Petitioners James J. Steinkrauss Rath, Young and Pignatelli, P.C. One Capital Plaza Concord, NH 03302-1500 Email: [email protected] Tel: (603) 410-4314 Lisa Ball Michael Bissonnette City Solicitor City Hall Annex 20 Korean Veterans Plaza Holyoke, MA 01040 Email: [email protected] Email: [email protected] Tel: (413) 322-5580

Aug 26, 2024
Dated: _____

For: EPA
Kristen Scherb
Michael Knapp
U.S. Environmental Protection Agency
Office of Regional Counsel, Region 1
5 Post Office Square
Boston, MA 02109
Email: [email protected]
Email: [email protected]
Tel: (617) 918-1767
Tel: (617) 918-1053

Emilio Cortes
Clerk of the Board