Young hockey players are taught to play through the whistle. In other words, even if you think a play is over, keep going until the referee’s whistle definitively stops play. That lesson applies today to DEP’s tentative determination to deny the application of Holtec for a permit to use Cape Cod Bay as a dumping ground. As gratifying as we found DEP’s action, it’s not final until the conclusion of their review of public comments received between now and August 28. That means we are not done yet and you are encouraged to submit comment to DEP in support of making their tentative decision to deny final.
While the legal basis for DEP’s action was sound (it largely followed the analysis APCC provided to the Governor back in February that Holtec’s proposed wastewater discharge was illegal under the state’s Ocean Sanctuaries Act) we can take nothing for granted. It was clear from Holtec’s comments in response to the draft decision that they plan to continue to behave like nothing has changed and that they can still obtain the companion federal discharge permit they were seeking from EPA. It is clear that Holtec will continue to pretend that they are above state authority. Holtec’s laughable attempt to blame the permit process for their self-imposed delays in cleanup activity that, by their own statements, was done to allow their trust fund to appreciate in this favorable interest rate environment is a sign that they are operating in an alternate universe. Nothing about this is surprising. How many times have we seen a corporate bully take the first “no” they hear as the final answer?
Holtec’s arrogance aside, they are at a legal dead end. The same sound legal basis that prevents the state from issuing the amended state wastewater discharge permit will prevent the state from issuing a 401-water quality certification to any amended federal wastewater discharge permit proposed to be issued to Holtec. Simply put, no state-issued 401 certification, no federal permit. In that regard, the game is over even if the Holtec federal NPDES application remains technically active.
What should happen here is for Holtec to pivot, accept that in Massachusetts at least, there are limits to what federal NRC permissions allow them to do, and focus on quickly, efficiently, and safely completing decommissioning. That is what is best for everyone, Holtec included. Will Holtec do it? Time will tell, but until then, APCC will keep our great legal team engaged to signal that we are fully prepared to challenge Holtec’s efforts to evade state authority at every turn. That continued vigilance is our promise to you and what we ask for in return is that you contact DEP with supportive statements to make their tentative decision final. You can email your comments to DEP at [email protected] (For a sample message, click here.)
