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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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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 
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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 
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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 
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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 
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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 
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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 
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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 
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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. 
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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 
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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 
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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 
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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 
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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 -- 
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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, 
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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.) 
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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 
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A 
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1:16 
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described 6:22 5:15,21 8:8,10 3:9 headworks 11:2 13:3 15:10 
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Boston Court Reporters (617) 871-6000 July 12, 2023