{"id":8224,"date":"2013-03-04T14:16:37","date_gmt":"2013-03-04T19:16:37","guid":{"rendered":"http:\/\/www.thebeatnews.org\/BeatTeam\/?page_id=8224"},"modified":"2016-09-17T16:29:13","modified_gmt":"2016-09-17T20:29:13","slug":"no-npdes-permit-for-pittsfields-peda-property","status":"publish","type":"page","link":"https:\/\/www.thebeatnews.org\/BeatTeam\/no-npdes-permit-for-pittsfields-peda-property\/","title":{"rendered":"No NPDES Permit For Pittsfield’s PEDA Property"},"content":{"rendered":"

(back to our main GE page<\/a>)<\/p>\n\n\n\n\n\n\n\n\n\n
GE National Pollution Discharge Elimination System (NPDES) Permit<\/span><\/strong><\/p>\n

Previous permit expired February 1997<\/strong><\/span><\/p>\n

GE Appeals the NPDES Permit 11\/2008<\/a><\/strong><\/span><\/p>\n

Public Meeting on GE’s Final NPDES Permit <\/a><\/strong><\/span><\/p>\n

Finally, Final NPDES Permit Issued for Public Comment, September 30, 2008 <\/a><\/strong><\/span><\/p>\n

Public comment period on Draft NPDES Permit Expired March 2005<\/a><\/strong><\/span><\/p>\n

BEAT’s comments so far<\/a><\/strong><\/span><\/h3>\n

Legal notice<\/a><\/span><\/a><\/strong><\/span><\/h3>\n

return to GE & PCB issues page<\/a><\/td>\n<\/tr>\n

\n
\n

 <\/p>\n

GE Appeals the NPDES Permit 11\/2008<\/strong><\/p>\n

Outrageous! Not only is GE appealing the NPDES permit, but they are saying that the EPA can’t issue any NPDES permit because it wasn’t specified in the Consent Decree. However, GE has been living with and complying with the expired permit since 1997, and they did not bring this up when EPA issued the draft permit. We hope GE won’t be allowed to weasel out of MORE of their responsibilities with this new ploy – and we are outraged that they would try.<\/p>\n

The major thing the new NPDES permit requires is more testing to clearly identify where, how much, and how often PCBs are getting back into the Housatonic River from the GE site. We do not think GE should be appealing any of this testing. Perhaps they have a valid claim that there was not enough time allowed for some of the testing.<\/p>\n

The NPDES permit is issued as a joint permit – the NPDES permit is the federal, EPA name of the permit, and the Massachusetts Surface Water Discharge Permit is the Massachusetts name of the permit.<\/p>\n

Here are the three GE appeal documents:<\/p>\n

CD Notice of Dispute<\/a> (pdf) disputing the NPDES permit all together because of the Consent Decree<\/p>\n

Massachusetts Surface Water Discharge Permit appeal<\/a> (pdf) disputing conditions of the Massachusetts permit<\/p>\n

US EPA Environmental Appeals Board<\/a> (pdf) disputing conditions of the Federal permit.<\/a><\/p>\n

return to top<\/a><\/p>\n<\/div>\n<\/td>\n<\/tr>\n

\n

Public Meeting on GE’s Draft Final NPDES Permit<\/h3>\n

There was a public meeting on Monday, October 27, 2008 at 6:30 p.m. at the EPA office at 10 Lyman St (next to Gym Fest) in Pittsfield, MA. so that members of the public could discuss the terms of the permit and the<\/p>\n

appeals process with a member of EPA’s NPDES Permitting staff.<\/p>\n

Members of the public have asked where to find the September 2008
\nNational Pollutant Discharge Elimination System (“NPDES”) permit issued
\nby EPA Region 1.<\/p>\n

A link to that document is at:<\/p>\n

http:\/\/www.epa.gov\/region01\/npdes\/permits_listing_ma.html<\/a>.\u00a0\u00a0 Scroll down
\nthe page and click on the following permit: Pittsfield (Housatonic River)\u00a0\u00a0\u00a0\u00a0 General
\nElectric Company (PDF) (24 pp., 77 KB)\u00a0\u00a0\u00a0\u00a0 September 30, 2008<\/p>\n

The NPDES permit is under a separate EPA program, and is not being
\nimplemented as part of the work for the GE-Pittsfield\/Housatonic River
\nSite.<\/p>\n

Jim Murphy<\/p>\n

United States Environmental Protection Agency<\/p>\n

New England – Region 1<\/p>\n

Office\u00a0 of the Regional Administrator<\/p>\n

1 Congress Street Suite 1100 (RAA)<\/p>\n

Boston, MA 02114-2023<\/p>\n

617-918-1028 (phone)<\/p>\n

617-918-0028 (fax)<\/a><\/p>\n

return to top<\/a><\/p>\n<\/td>\n<\/tr>\n

\n

Finally, GE’s Final NPDES Permit has been Issued<\/strong> for Public Comment <\/strong>9\/30\/08<\/h2>\n

Something is seriously wrong with the US Environmental Protection Agency’s National Pollution Discharge Elimination System (MPDES) permit process! Jane Winn was contacted on September 11, 2008<\/strong> about comments she made on March 25, 2005<\/strong> regarding General Electric’s Draft<\/strong> NPDES permit for the Pittsfield site. The final permit for public review and comment was released September 30, 2008 and we were notified October 2, 2008. We were very, very skeptical that EPA could have seriously considered our comments – however, we were pleasantly surprised! The permit is much improved and many of our comments were addressed. Here are some of Jane’s thoughts upon reviewing the final NPDES permit.<\/p>\n

I have reviewed the response to comments for the NPDES permit. I am pleased with much of it. My BIGGEST concern is that there is no automatic public access. Yes, I know we could continually FOIA [file a Freedom of Information Act request], but I do not think that should be necessary. I do think it is critical that we be watchdogs on this.<\/p>\n

I would like this to have a spot on EPA’s website – that would save EPA from having to mail each of us all the documentation each time. (see page 123 of the permit response to comments – I want the monthly summary of all data collected to be posted – not us having to contact EPA or DEP.)<\/strong><\/p>\n

One other comment – it is really easy to create a Table of Contents for a document. Why the heck didn’t EPA do this for the response to comments?<\/p>\n

    \n
  • I am glad EPA recognized that there are huge informational gaps (as they say at the top of page 18) that they will try to begin to remedy with additional monitoring requirements.<\/li>\n
  • I am glad that EPA has required system mapping in the SWPPP [Storm Water Pollution Prevention Plan] and that the SWPPP be updated annually. I would like to be sure that we have access to those updates as they come out.<\/li>\n
  • I am glad that they say, on that page 18, that EPA did not consider the use of dilution in establishing PCB limitations and conditions due to the persistence and high rate of bioaccumulation. – I am not sure I believe it given some of the things they said later, but I have to go back and document what those things were that called this into question. I think I may have been confused between old permit references and what is actually in the new permit.<\/li>\n
  • I am really glad that EPA is requiring GE to come up with a site survey to determine whether there are additional point sources on their facility (page 101 response 23) I want a copy of this site survey as soon as it is produced!!! I also want to right to present evidence of additional sites if we disagree with GE’s survey – including a site, if necessary.<\/li>\n
  • I really, really like the Permit Re-Opener! Good idea – but we need to be able to see all the data each month and the maps that GE comes up with for their site survey.<\/li>\n<\/ul>\n

<\/a><\/p>\n

Public Comment Period<\/b><\/h2>\n
(March 2005)<\/div>\n

GE has issued a draft National Pollution Discharge Elimination System
\ndraft permit for public comment. This permit gives the conditions for
\nGE to discharge water into the Housatonic River, Unkamet Brook, and
\nSilver Lake in Pittsfield, MA. This is actually a renewal of a permit
\nthat expired in 1997. BEAT is extremely concerned about the amounts
\nof PCBs going into these waterbodies, especially the Housatonic River
\nABOVE the current clean up!<\/b><\/p>\n

There was a public hearing where EPA will record testimony (but not
\nanswer questions) Wednesday, March 23, 2005 TIME: 7:00 pm – 8:45 pm
\nat the EPA office at 10 Lyman St (next to Gym Fest), Pittsfield,
\nMA. Written public comments will be accepted until March 25, 2005.<\/p>\n

Information about the draft permit may be inspected on EPA’s Website<\/a>.<\/p>\n

Comments were sent to the U.S. EPA, Office of Ecosystem Protection,
\nAttention: Brian Pitt, One Congress Street, Suite 1100, Boston, Massachusetts
\n02114-2023.<\/p>\n

If during the public comment period, significant new questions are
\nraised concerning the permit, EPA may require a new draft permit or
\nfact sheet or may reopen the public comment period. <\/b><\/p>\n

BEAT is working closely with the Housatonic River Initiative (HRI),
\nHousatonic Riverkeeper, and the Housatonic Environmental Action League
\n(HEAL) on the NPDES draft permit issue.<\/a><\/b><\/p>\n

return to top <\/a><\/b><\/td>\n<\/tr>\n

\n

Some of BEAT’s comments on the NPDES draft permit\u00a0so far:<\/b><\/h2>\n

1) GE is exceeding EPA PCB standards in every discharge into the
\nriver. These discharges are upstream of the clean up. PCBs are being
\ndetected in the clean portion of the river. The clean up of the river
\nis in jeopardy.<\/p>\n

2) Even though PCB standards are being exceeded, EPA included few
\nnumerical limits in the new permit.<\/p>\n

3) GE should be required to determine the amount of PCBs entering
\nthe receiving waters from all the outfalls combined per year. This
\nshould include estimating the amounts entering during unmonitored
\nstorm events. The data should not be pre remediation. This should
\nbe an effective monitoring program testing each individual outflow
\nnot batch testing. Flow measurements from pipes should be monitored
\ncontinuously 24 hours a day, 365 days per year. Yard drains (YD),
\nOverland Flow (OF), and Non-Point source (NP) should be included.
\nThis entire site is contaminated and thus a point source.<\/p>\n

4) It is usually a good idea to promote sheetflow and infiltration,
\nbut in this case they may also carry PCB loading from the facility
\ninto the river. GE needs to be able to measure the PCBs carried by
\nthe sheet flow and infiltration at the locations they know it is getting
\ninto the river.<\/p>\n

5) Underground pipes, even those that are no longer used and have
\nbeen capped, can act as “preferential pathways” for contaminants
\nto find their way to a waterbody. Water will flow more easily along
\nthe pipe and therefore the pipes act as “preferential pathways”
\nfor the water. Pipes should be tested at their outfalls, but not just
\nthe water coming out of the pipe, but also any water that may have
\nfollowed the pipe as a “preferential pathway”.<\/p>\n

6) GE should account for and map all pipes under their property,
\nin particular – the “perforated sub drain lines” that ran
\nthroughout the site and – the pipes that run under the toxic waste
\ndisposal areas.<\/p>\n

7) GE should be required to give a complete description of how all
\nabandoned pipes, floor drains, liquid waste storage areas, underground
\nstorage tanks, etc. were demolished, filled, removed, or left in place.<\/p>\n

8) GE should videotape all pipes that run through the site that
\nhave an outfall into one of these waterbodies to show the condition
\nof the pipe and that there are no unknown connections on the site. This includes city stormwater pipes where they run through GE property. <\/i><\/p>\n

9) Ditches from the plant should be considered as outflows from the
\nfacility. So should Unkamet Brook which runs through an old GE dumping
\nground.<\/p>\n

10) What are the by products of the GE plastics operations and are
\nthey being tested.<\/p>\n

11) pH levels in some outfalls are excessive in both directions.<\/p>\n

12) GE should include the monitoring data on the wells that Pittsfield
\nGenerating Co. has. These data also should include flow (quantity)
\nas well as PCB and other contaminant levels.<\/p><\/blockquote>\n

Fresh water criterion continuous concentration for PCB is 0.014
\nug\/l Human health criteria is 0.000064 ug\/l ( measured as total PCB) <\/b><\/p>\n

Historical points<\/p>\n

1) HRI argued this would happen if the consent decree didn’t address
\nPCB inflow from the plant<\/p>\n

2) Stormwater should have been part of the consent decree<\/p>\n

3) Permit expired 2\/97. Why so long to address this?<\/p>\n

4) Will the Pittsfield
\nEconomic Development Authority (PEDA) <\/a>take on the responsibility
\nof the storm drains? What about liability?<\/p>\n

See BEAT’s March 2005 comments<\/a> or the 2005 joint comments<\/a> by BEAT, Housatonic River Initiative (HRI), and Housatonic Environmental Action League (HEAL). <\/a><\/span><\/b><\/p>\n

return to top<\/a><\/p><\/blockquote>\n<\/td>\n<\/tr>\n

\n

GE NPDES draft permit<\/span> – Legal notice 2\/15\/2005<\/b><\/h2>\n

MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMONWEALTH OF
\nMASSACHUSETTS 1 WINTER STREET BOSTON, MASSACHUSETTS 02108 U.S. ENVIRONMENTAL
\nPROTECTION AGENCY NEW ENGLAND – REGION 1 OFFICE OF ECOSYSTEM PROTECTION
\nONE CONGRESS STREET – SUITE-1100 (CMP) BOSTON, MASSACHUSETTS 02114-2023
\nEXTENSION OF PUBLIC NOTICE DATE AND NOTIFICATION OF NEW PUBLIC HEARING
\nDATE OF A DRAFT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
\nPERMIT TO DISCHARGE INTO THE WATERS OF THE UNITED STATES UNDER SECTIONS
\n301 AND 402 OF THE CLEAN WATER ACT (THE “ACT”), AS AMENDED,
\nAND REQUEST FOR STATE CERTIFICATION UNDER SECTION 401 OF THE ACT. DATE
\nOF NOTICE: February 15, 2005 PERMIT NUMBER: MA0003891 PUBLIC NOTICE
\nNUMBER: MA-012-05 NAME AND MAILING ADDRESS OF APPLICANT: General Electric
\nCompany 159 Plastics Avenue Pittsfield, MA 01201 NAME AND ADDRESS OF
\nTHE FACILITY WHERE DISCHARGE OCCURS: General Electric Company 159 Plastics
\nAvenue Pittsfield, MA 01201 RECEIVING WATERS: Housatonic River (East
\nBranch), Unkamet Brook, and Silver Lake <\/b>RECEIVING WATERS CLASSIFICATION:
\nB, Warm Water Fishery (Housatonic River Watershed) The U.S. Environmental
\nProtection Agency, (EPA) and the Massachusetts Department of Environmental
\nProtection (MADEP) have cooperated in the development of a draft permit
\nfor the above identified facility. The effluent limits and permit conditions
\nimposed have been drafted to assure that State Water Quality Standards
\nand provisions of the Clean Water Act will be met. EPA has formally
\nrequested that the state certify the draft permit pursuant to Section
\n401 of the Clean Water Act and expects that the draft permit will be
\ncertified. INFORMATION
\nABOUT THE DRAFT PERMIT<\/a>: A Fact Sheet (describing the type of facility;
\ntype and quantity of wastes; a brief summary of the basis for the draft
\npermit conditions; and significant factual, legal and policy questions
\nconsidered in preparing the draft permit) may be obtained at no cost
\nby writing, calling, or emailing EPA’s contact person named below: Janet
\nLabonte NPDES Permit Program EPA Office of Ecosystem Protection One
\nCongress Street, Suite 1100 (CMP) Boston, Massachusetts 02114-2023 (617)
\n918-1667 “labonte.janet@epa.gov<\/a>”
\nThe administrative record containing all documents relating to the draft
\npermit is on file and may be inspected at the EPA Boston office mentioned
\nabove between 9:00 a.m. and 5:00 p.m., Monday through Friday, except
\nholidays. The EPA NPDES Records Center phone number in Boston is: (617)
\n918-1546. And, the administrative record containing all documents relating
\nto the draft permit is on file and may be inspected at the following
\nlocations: EPA’s Website.<\/a>
\nDocuments are also available at the locations listed on the original
\npublic notice of December 22, 2004. NEW PUBLIC HEARING
\nDATE:<\/span><\/b> The Regional Administrator had determined, pursuant
\nto 40 C.F.R. 124.12, that a significant degree of public interest exists
\nin this proposed permit and that a public hearing should be held in
\nPittsfield, Massachusetts to consider this permit. Accordingly, a public
\nhearing will be held on the following date and time: DATE:Wednesday,
\nMarch 23, 2005 TIME: 7:00 pm – 8:45 pm LOCATION:Berkshire Athenaeum
\nLibrary Auditorium, Pittsfield, MA <\/span><\/b>01201 In accordance with
\n40 C.F.R. 124.12, the following is a summary of the procedures that
\nshall be followed at the public hearing: a. The Presiding Officer shall
\nhave the authority to open and conclude the hearing and to maintain
\norder; and b. Any person appearing at such a hearing may submit oral
\nor written statements and data concerning the draft permit. PUBLIC
\nCOMMENT PERIOD: The public comment period for the General Electric Company
\ndraft permit began on December 22, 2004 and is hereby extended until
\non March 25, 2005<\/span><\/b>. All persons, including
\napplicants, who believe any condition of the draft permit is inappropriate,
\nmust raise all issues and submit all available arguments and all supporting
\nmaterial for their arguments in full by the close of the public comment
\npermit (See also: 40 Code of Federal Regulations, Section 124.13). Comments
\nshould be directed to the U.S. EPA, Office of Ecosystem Protection,
\nAttention: Brian Pitt, One Congress Street, Suite 1100, Boston, Massachusetts
\n02114-2023. If during the public comment period, significant new questions
\nare raised concerning the permit, EPA may require a new draft permit
\nor fact sheet or may reopen the public comment period. A public notice
\nwill be issued for any of these actions. FINAL PERMIT DECISION AND APPEALS:
\nFollowing the close of the comment period, and after the public hearings
\nare held, the Regional Administrator will issue a final permit decision
\nand forward a copy of the final decision to the applicant and each person
\nwho has submitted written comments or requested notice. Within 30 days
\nfollowing the notice of the final permit decision any interested person
\nmay submit petition to the Environmental Appeals Board to reconsider
\nor contest the final decision. Requests for formal hearings must satisfy
\nthe requirements of 40 Code of Federal Regulations, Section 124.74.
\nGLENN HAAS, DIRECTOR DIVISION OF WATERSHED MANAGEMENT MASSACHUSETTS
\nDEPARTMENT OF ENVIRONMENTAL PROTECTION LINDA M. MURPHY, DIRECTOR OFFICE
\nOF ECOSYSTEM PROTECTION ENVIRONMENTAL PROTECTION AGENCY BOSTON, MA 2\/15\/2005<\/p>\n

Location: MA\u00a0Date: 2\/15\/2005<\/p>\n

Source: Berkshire Eagle<\/p>\n

 <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n","protected":false},"excerpt":{"rendered":"

(back to our main GE page) GE National Pollution Discharge Elimination System (NPDES) Permit Previous permit expired February 1997 GE Appeals the NPDES Permit 11\/2008 Public Meeting on GE’s Final NPDES Permit Finally, Final NPDES Permit Issued for Public Comment,…<\/p>\n","protected":false},"author":6,"featured_media":0,"parent":0,"menu_order":172,"comment_status":"open","ping_status":"open","template":"","meta":{"nf_dc_page":"","footnotes":""},"class_list":["post-8224","page","type-page","status-publish","hentry","entry","no-media"],"yoast_head":"\nNo NPDES Permit For Pittsfield's PEDA Property - Berkshire Environmental Action Team<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.thebeatnews.org\/BeatTeam\/no-npdes-permit-for-pittsfields-peda-property\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"No NPDES Permit For Pittsfield's PEDA Property - 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