Description: Petition for review of corrective action permit imposing remediation requirements for polychlorinated biphenyls in the Housatonic River in Massachusetts and Connecticut that raised concerns regarding future climate change effects at disposal sites.
In re General Electric Co.
Filing Date Type File Action Taken Summary 02/08/2022 Order Download Petition for review denied. Environmental Appeals Board Rejected Challenge to Corrective Action Permit that Raised Climate Change-Related Concerns. The U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) denied a petition for review of a corrective action permit imposing remediation requirements for polychlorinated biphenyls (PCBs) in the Housatonic River in Massachusetts and Connecticut. The petitioners had argued that EPA failed to demonstrate that a site near the river was suitable for disposal of PCBs, arguing, among other things, that “[o]bviously, no onsite facility can be guaranteed forever against leakage, especially considering the effects of climate change.” The petitioners also cited the risks of disturbance of contaminated sediment during climate-related disasters where PCBs were left in the environment. The EAB found that the petitioners failed to advance a “substantive critique” of EPA’s analysis of the risks “short of vague allegations … that eventually landfills will leak and groundwater monitoring will fail.” 03/05/2021 Brief Download Brief filed by petitioners.