Holtec appeals state's denial to discharge Pilgrim wastewater into Cape Cod Bay

Holtec Decommissioning International LLC is appealing a state ruling denying the company permission to release treated wastewater from the former Pilgrim Nuclear Power Station into Cape Cod Bay.

Identifying Cape Cod Bay as "a protected ocean sanctuary" as defined under the Massachusetts Ocean Sanctuaries Act , the state Department of Environmental Protection on July 18 determined that Holtec is prohibited from "the dumping or discharge of industrial wastes into protected state waters" and turned down its application to do so.

The company wants to discharge up to 1.1 million gallons of industrial wastewater — treated beforehand, but still containing some radionuclides , which are byproducts of nuclear reactions — from the shuttered Plymouth power plant. Electricity production at the site was shut down in May 2019.

"The water that Holtec proposes to discharge qualifies as industrial wastewater, and therefore, the proposed discharge is prohibited," the agency found.

Holtec: Liquid discharges are grandfathered

Holtec filed its appeal Aug. 16 with the state’s Office of Appeals and Dispute Resolution .

"The appeal explains that the permits granting liquid discharge were issued prior to the Ocean Sanctuary Act legislation, which grandfathers these types of liquid discharges," the company said in an Aug. 21 statement.

The company further argues that the federal Nuclear Regulatory Commission has the sole responsibility of deciding on discharge of "radiological liquid effluent" under the Atomic Energy Act , and has authority that supersedes the state.

Water is 'contained within the reactor building'

In an Aug. 21 email, Patrick O'Brien, Holtec International's Director of Government Affairs and Communications, said the wastewater remains in the Pilgrim plant's former spent fuel pool, dryer-separator pit and reactor cavity, as well as the torus, part of the pressure suppression system. Some water also remains inside the residual piping between these areas of the plant, he said.

"There are no longer any external storage tanks remaining on the property, so everything is contained within the reactor building," O'Brien said.

Environmental activists call appeal 'a red herring'

Association to Preserve Cape Cod Executive Director Andrew Gottlieb slammed the appeal as an administrative action that would delay final cleanup of the plant.

In Gottlieb's opinion, the appeal allows the company time to "induce evaporation" of the contaminated water and put off spending, consequently increasing the value through investment returns of the publicly funded decommissioning trust from which it draws.

The association believes the appeal is "nothing more than an abuse of process designed to buy time," he said.

His organization will "remain vigilant to make certain that Holtec cannot discharge to Cape Cod Bay," Gottlieb said.

Diane Turco, director of the Cape Downwinders organization, shares Gottlieb's opinion, calling the appeal a "red herring." She suggested the wastewater "becomes more dangerous via airborne contamination, settling in our communities and into Cape Cod Bay," and that "it could be all gone" before the appeal or any other legal matters are settled.

At this time, Holtec is following the regulatory process, said O'Brien, and is not stalling.

Evaporation has occurred since 1972

Meanwhile, O'Brien pointed out that "evaporation has occurred every day since the plant began operations" in 1972, but no mechanical evaporators have been used.

"We have had periods of time where the water has been heated during the winter to provide building heating and to allow for faster drying of the waste packages being prepared for shipment," he said. "This is done with electric heaters that are turned on and off, not an evaporator."

O'Brien said the DEP had recently inquired about the water evaporation "and determined it to be allowable with no need for a clean air permit based on the composition of the water."

In a July 19 email to Holtec, the DEP outlines its reasoning, explaining that the total mass of potential emissions from the wastewater, if it could be evaporated in a "discrete 12-month period," would be 28.14 pounds per year. The air quality permitting threshold outlined in state air pollution control regulations is significantly higher, at 2,000 pounds per year.

However, the DEP stated in that letter, if processes or operations change significantly enough to trigger the threshold, Holtec would be expected to notify the state before the changes to take effect "to ensure decommissioning activities proceed in compliance" with state laws and regulations.

Heather McCarron writes about climate change, environment, energy, science and the natural world. Reach her at hmccarron@capecodonline.com, or follow her on X @HMcCarron_CCT

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This article originally appeared on Cape Cod Times: Holtec appeals state's denial to discharge Pilgrim wastewater into Cape Cod Bay