July 12, 2023 - Transcript of Public Hearing including comments from Kristin Anderson, Susan Herman, Alyson Dossett and Cate Fox
U.S. Environmental Protection Agency · from the EPA · 21 pages · 453 KB
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Page 1 1-16 UNITED STATES OF AMERICA ENVIRONMENTAL PROTECTION AGENCY BOSTON REGION In the Matter of: PUBLIC HEARING: RE: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRAFT PERMIT FOR MASSACHUSETTS WATER RESOURCE AUTHORITY (MWRA) DEER ISLAND TREATMENT PLANT (DITP NPDES PERMIT NO. MA0103284 Virtual Meeting Wednesday July 12, 2023 The above-entitled matter came on for hearing, pursuant to Notice, at 8:00 p.m. BEFORE: LYNNE JENNINGS, Water Permits Branch Chief ELLEN WEITZLER, Supervisor, Industrial and Municipal Permits Section MICHELE BARDEN, Lead Permit Writer ERIN FLANNERY KEITH, Assistant Regional Counsel BETSY DAVIS, Permit Writer ELISE SCHOLL, Permit Writer JEFF NORCROSS, Environmental Justice Program Manager U.S. Environmental Protection Agency New England Region I 5 Post Office Square Boston, Massachusetts 02109 Boston Court Reporters (617) 871-6000 July 12, 2023 Page 2 I N D E X PANEL: PAGE Lynne Jennings 3 SPEAKERS: PAGE David Boyer 7 Kristin Anderson 9 Susan Herman 11 Alyson Dossett 12 Cate Fox 13 Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 P R O C E E D I N G S LYNNE JENNINGS: It's eight o'clock. I will now call the hearing to order. Good evening. My name is Lynne Jennings. I'm the manager of the Water Permits Branch for EPA Region 1. I am joined tonight with a panel of EPA representatives, including Ellen Weitzler, manager of the Municipal and Industrial Permits Section; Michele Barden, the EPA's lead permit writer; Erin Flannery Keith from the EPA's Office of Regional Counsel; Betsy Davis and Elise Scholl, also permit writers; and Jeff Norcross from our Office of Public Affairs. Representatives from the Massachusetts Department of Environmental Protection are also in attendance tonight. And at the close of my opening remarks, I will turn it over to David Boyer, section chief of the Massachusetts DEP and PVS program for his opening remarks. Tonight's hearing concerns a draft permit issue for the Massachusetts Water Resources Authority, MWRA, Deer Island treatment plant. The EPA intends to issue this permit in final form upon consideration of comments received during the public comment period, which closes on August 30, 2023. This is a 30-day extension to the original date the comment period was scheduled to close. EPA issues permits under federal authority. Namely, the Federal Clean Water Act's National Pollutant Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 Discharge Elimination System, or NPDES. The EPA NPDES program issues permits to all facilities that discharge pollutants into waters of the United States in Massachusetts and New Hampshire. The permit writer develops effluent limits, as well as monitoring the reporting requirements based on information from the facility, federal regulations, state water quality standards, technical guidance published by the EPA and the state, and state and federal policy. More information on the NPDES program is available on the EPA's website, and the link is provided in the chat feature of Zoom. EPA released the draft permit for public comment on May 31, 2023. The draft permit and fact sheet, as well as supporting documents, are available for interested parties to review and comment on. Interested parties can comment by sending written comments to Michele Barden and/or by participating in this hearing tonight. As mentioned previously, the draft permit and fact sheet are available on the EPA's website. A quick way to find the documents is to search the internet by searching for the key phrase, "MWRA NPDES." The URL for our website is also posted in the chat box. Tonight's hearing is an informal, non-adversarial hearing providing interested parties with the opportunity Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 to make oral comments and/or to submit written comments on the proposed permit. There will be no cross-examination of either the panel or the commenters. Any questions directed to a commenter from a panel member or vice versa will be for clarification purposes only. This public hearing is being recorded. It will become part of the official administrative records for this permit. However, in order to ensure the record's accuracy, we highly recommend written statements also be submitted in addition to any comments made tonight. Following the close of the public comment period on August 30, 2023, the EPA will review and consider all significant comments received during the public comment period, both in writing and at tonight's public hearing. The EPA will prepare a written document known as the response to comments that will briefly describe and address the significant issues raised during the comment period and what provisions, if any, of the draft permit have been changed and the reason for those changes. The response to comments will accompany the final permit, and both will be posted on EPA Region 1's website. Notification of final permit issuance and how to obtain copies of the final permit and responses to comments will be sent to the Applicant and everyone who comments on the draft permit or requested notification of the final Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 permit conditions. Anyone who wishes to contest any final permit condition must file a petition for review or appeal with the Environmental Appeals Board, also known as the EAB. A couple of important things to remember if you are considering appealing the final permit. First, the petition for review or appeal must be received by the EAB within 30 days after notice is served regarding the issuance of the final permit. Information on the appeal process can be found at the EAB website, www.epa.gov/eab . Second, only persons who had filed comments on the draft permit during the public comment period or who participated in the public hearing may petition EAB to review the final permit conditions. Third, persons seeking review of a permit decision must raise all reasonable ascertainable issues and submit all reasonable available arguments supporting that position during the comment period, including at this hearing. Issues or arguments that are not raised will not be considered by the EAB on appeal. There is one exception to the appeal procedures just described. Any person who failed to file comments or failed to participate in the hearing may petition the EAB only to the extent of the changes from the draft to the final permit decision. Please refer to the EAB website for Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 more information. I will use the attendance sheet for those who preregistered to call on people who wish to comment. I will then ask anyone that wishes to speak but did not preregister to raise their hand using the Zoom icon. Please turn your camera and microphone on to speak. I ask that before you begin your statement, for the record please identify yourself, your affiliation, and whether you will also submit written comments. To allow ample time for all participants to express their views, I ask that you limit your comments to three minutes. If at that time you're not finished, I will ask that you defer the remainder of your comments until each person has had an initial opportunity to comment. Then, if there is time at the end of the evening, we will give an opportunity to finish your comments. I would now like to turn it over to David Boyer for the DEP's opening statement. DAVID BOYER: Thank you, Lynne. Good evening. My name is David Boyer. I represent the Massachusetts Department of Environmental Protection, MassDEP. This is a joint public hearing being held under the provision of the state, as well as federal, laws and regulations; the Massachusetts Clean Waters Act; General Laws Chapter 21, Section 26 2.3; and the Code of Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 Massachusetts Regulations at 314 CMR 3.00, the discharge of pollutants to waters of the Commonwealth, unless authorized by a permit issued by the Massachusetts Department of Environmental Protection. The U.S. Environmental Protection Agency is a NPDES permitting authority in Massachusetts, but MassDEP has separate authority to issue surface water discharge permits. While EPA and MassDEP used to jointly issue permits, each agency now issues separate but parallel permits. The permits issued by EPA and MassDEP are developed to conform to all state and federal water pollution control laws and regulations. Each agency has the independent authority to enforce the terms and conditions of its permit. MassDEP will fully consider all written and oral comments received at this hearing, in addition to written comments already received by the agencies or received by the agencies prior to the deadline of August 30, 2023. The EPA has requested that the MassDEP certify the draft NPDES permit for the Massachusetts Water Resources Authority Deer Island treatment plant in Winthrop in accordance with the provisions of Section 401(a)(10) of the Federal Clean Water Act. And pursuant to 40 CFR Section 124.55, the permit can be certified in its current form or with specified state certification requirements. Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 The Massachusetts Department of Environmental Protection welcomes the opportunity for this hearing to gather additional information that will assist MassDEP in decisions concerning the final 401 water quality certification and surface water discharge permit for the Massachusetts Water Resources Authority Deer Island treatment plant. Thank you. LYNNE JENNINGS: Thank you, David. I will now begin accepting oral comments. I now ask that Alyson Dossett -- are you in attendance tonight? Could you please unmute your mic and turn on your camera and make your oral comments? Alyson Dossett, are you in attendance? I see you on the list. Maybe she has stepped away. Let me carry on. I'm going to go to the next person that registered to make a comment. Kristin Anderson, are you present this evening? I'm going to pause for a second. Daniel, is it possible they are unable to unmute their phones? DANIEL MEYERS: No, they have the option. Kristin is unmuted now, by the way. KRISTIN ANDERSON: Thank you. Thank you very much. And thank you for holding this hearing and for allowing me to speak. My name is Kristin Anderson. I live in Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 Arlington, and I have had the Alewife Brook in my home. My neighbors and I have waded through the water and have gotten sick from contact with untreated sewage in the brook. So I'm here tonight to let you know that during some major storm events, the Alewife Brook floods into the parks, yards, and houses of area residents in multiple environmental justice communities. The floodwater contains hazardous sewage that is discharged from the active CSOs that are owned by MWRA, Somerville, and Cambridge. And climate change, with its wetter rainy seasons, more intense storms, and sea level rise is expected to increase the severity and frequency of these events. Furthermore, the MWRA sewer infrastructure is failing to meet capacity during many rain events, causing hazardous sewage pollution discharges. The rate of sewage discharge appears to be increasing exponentially with increase in rainwater. At an MWRA meeting a year back, a consultant spokesperson for MWRA, Don Walker from AECOM said, quote, "The MWRA's system is limited by downstream capacity. Under very large storm events, the capacity of the Alewife Brook pump station, which is downstream of MWR-003, is reaching capacity. Very large facility has 90 million gallon per day capacity. That then discharges into sewers Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 that are conveying flow further downstream, and going to the Chelsea Creek headworks, then that reaches capacity." And there are events when the capacity of our Deer Island treatment plant, 1.2 to 1.3 billion gallons per day is reached. So there are limits to what the MWRA can push through the system. So I beg the regulators to require that the MWRA invests the money that is needed to upgrade its infrastructure to meet the demands of today, and to stop using the Alewife CSOs as sewer overflows to their under - capacited (sic) system. Thank you. LYNNE JENNINGS: Thank you, Kristen. I'm going to call on the next person that has registered to speak. Mosisa Hiller (phonetic). Mosisa Hiller, are you present this evening? So Kristin, can you mute your line? Okay. Good. Thank you. I'm going to carry on on the list. Susan Herman. Susan, are you present this evening, Susan Herman? Okay. Next on the list registered to speak is Judy Pederson. SUSAN HERMAN: This is Susan Herman. I was unable to get on the Zoom, so I'm listening on the phone and it's a little bit harder for me to submit any questions. But I will be writing them in. So I just Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 wanted to let you know that. Thanks so much. LYNNE JENNINGS: Great. Thank you very much for coming on. I appreciate that. So next up, I'm going to call Judy Pederson (phonetic). Judy, are you present this evening on the line or otherwise? Okay. I'm going to try one more time. Alyson Dossett? ALYSON DOSSETT: Hi. Can you hear me now, Lynne? LYNNE JENNINGS: I can hear you now. ALYSON DOSSETT: Thank you so much. LYNNE JENNINGS: Go ahead. ALYSON DOSSETT: Sure. I just had some questions that I wanted to put out there. The MWRA is seeking to sell more water. For towns showing an interest in joining the MWRA, like my town, which is Weymouth, we have aging infrastructure and constraints on capacity, and we're wondering what role the EPA will play in policing new outflows into Deer Island. And also, what about if satellite sewer operators are co-permitees? And then another question that I have is does the EPA intend to take a more active role in local decision making regarding MWRA sewage towns that are already experiencing sewerage issues, such as Weymouth? Weymouth has substantial new growth planned at Union Point, and this Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 is probably the largest new community planned in the area. And then lastly for the record, does the MWRA have any updates for communities showing interest in joining the new program, such as adding sewerage to what has been described as an at capacity system? Thank you. LYNNE JENNINGS: Thank you, Alyson, for your comments and questions. I will now open up the commenting session to anybody else that did not preregister to make a statement. If you're interested in making a statement, could you please raise your hand using the icon under the reactions mode of Zoom? I'm looking to see. I don't see any hands being raised. Any of the other EPA participants, do you see any hands being raised on your screen? Daniel? DANIEL MEYERS: There's one now. Cate Fox. Oh, no. That's a clap. Maybe she meant to raise her hand. CATE FOX: I did mean to raise my hand, sorry. During the information session, it was mentioned that the EPA would take comments on the standard terms, the standard conditions of the contract, which include the storm management planning. But also that you all have been taking those comments on other permits that have the same language. So is it likely that the language might be the -- Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 14 the standard terms might be revised for this permit? Or those comments will be taken, and there may be a change at some point in the future? LYNNE JENNINGS: Okay. Thank you for the question. And, you know, we will respond to that as part of our response to comments. Again, this hearing is focused on, you know, folks making statements for the record. If you do have a clarifying question that did not get answered or you weren't able to ask it earlier, feel free to reach out to either Michele Barton or Claire, and they can clarify things if you're still uncertain about how to submit comments or whether certain comments would be considered. Thank you, Cate. Anybody else wishing to make a statement or comment for the record? Okay. Seeing no more hands being raised, what we propose to do is, this hearing is scheduled to go until nine o'clock. We will hold the meeting in abeyance until 8:45 to see if anybody else joins us. At that time, I'll open the meeting again and offer an opportunity for anybody present to offer a statement or comment for the record. So we'll take a break from now, 8:20, until 8:45. [OFF THE RECORD] [ON THE RECORD] LYNNE JENNINGS: Thank you for your patience, Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 everybody. It is now 8:45, and we will now resume the public hearing. If you would like to make a comment at this time, please click on the reaction icon at the bottom of the screen to raise your hand. Okay. Seeing no hands raised, I'm going to take that as there are no further comments. So I am going to close the public hearing. Thank you all for coming this evening and for your interest in the permit. As mentioned previously, we will continue to accept written comments until the public comment period closes on August 31, 2023. Have a good night. Thank you. (THEREUPON, this hearing was concluded at approximately 8:46 p.m.) Boston Court Reporters (617) 871-6000 July 12, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 CERTIFICATE Commonwealth of Massachusetts Middlesex, ss. I, Michele Dent, Notary Public in and for the Commonwealth of Massachusetts, do hereby certify that the above transcript is a true record, to the best of my ability, of the proceedings. I further certify that I am neither related to nor employed by any of the parties in or counsel to this action, nor am I financially interested in the outcome of this action. In witness whereof, I have hereunto set my hand this _______ day of _________, 2023. Notary Public My commission expires: June 12, 2026 27th July Boston Court Reporters (617) 871-6000 July 12, 2023 Boston Court Reporters (617) 871-6000 July 12, 2023 Page 17 A abeyance 14:18 ability 16:7 able 14:9 above-entitled 1:16 accept 15:11 accepting 9:9 accompany 5:20 accuracy 5:8 Act 7:24 8:23 Act's 3:25 action 16:10,11 active 10:9 12:22 adding 13:4 addition 5:10 8:16 additional 9:3 address 5:16 administrative 5:7 AECOM 10:20 Affairs 3:12 affiliation 7:8 agencies 8:17,18 agency 1:4,22 8:5,9,12 aging 12:16 ahead 12:12 Alewife 10:1,5 10:22 11:10 allow 7:10 allowing 9:24 Alyson 2:9 9:10 9:13 12:7,9,11 12:13 13:6 AMERICA 1:3 ample 7:10 and/or 4:18 5:1 Anderson 2:7 9:17,22,25 answered 14:9 anybody 13:9 14:14,19,20 appeal 6:3,7,9 6:20,21 appealing 6:6 Appeals 6:4 appears 10:17 Applicant 5:24 appreciate 12:3 approximately 15:15 area 10:6 13:1 arguments 6:17 6:19 Arlington 10:1 ascertainable 6:16 assist 9:3 Assistant 1:20 attendance 3:13 7:2 9:10,13 August 3:22 5:12 8:18 15:12 authority 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