Activists, lawmakers applaud state's rejection of nuke wastewater discharge into bay

PLYMOUTH − Protesters have chanted “Not one drop!” and painted it on signs over the last 18 months in reaction to Holtec’s plans to discharge 1.1 million gallons of wastewater from the shuttered Pilgrim Nuclear Power Station into Cape Cod Bay.

The state Department of Environmental Protection agreed with that sentiment Tuesday when it issued a preliminary denial of Holtec’s request to change its permit to allow its wastewater plans to move forward. 

The every-other-month meeting of the Nuclear Decommissioning Citizens Advisory Panel was held at Plymouth Town Hall just hours after the state’s announcement. Unsurprisingly, the news was on everyone’s mind.

“I'm just really concerned that the state stays strong,” said Diane Turco, of the anti-nuclear groups Cape Downwinders and Save Our Bay. “People must stay vigilant because I don’t trust Holtec.”

More: 'We've done this before.' Holtec denied discharge into Cape Cod Bay, in draft state ruling

Members of those groups have packed Pilgrim-related meetings for more than a year, leading to an often raucous atmosphere in which attendees called out, yelled and expressed their feelings from their seats, applauding speakers who agreed with them and booing those who didn’t.

Now people are being asked to submit comments as part of the state's draft decision, which requires a 30-day public comment period before the denial can be finalized. The comment period ends at 5 p.m. Aug. 28.

Holtec's plans clash with Ocean Sanctuaries Act

Holtec submitted its request for a permit modification at the end of March. The wastewater from the plant’s spent fuel pool, torus, dryer separator and reactor cavity would be treated and released in batches over time.

The reason for not allowing discharges from the plant when it had previously been allowed to do so stems from Pilgrim’s change in status from an active power-generating facility to a defunct industrial site. The plant opened in 1972 and closed in 2019.

The state’s denial of the modification cited the Ocean Sanctuaries Act, which does not allow industrial wastewater to be discharged into protected bodies of water.

Categorizing the treated water as industrial wastewater didn’t sit well with panel member Mary Gaslick, who described the definition of wastewater in the act as “loosey-goosey and open to interpretation.”

The company’s current permit followed a settlement agreement with the state from when Holtec bought the plant. As part of that agreement, Holtec said it would follow all applicable state laws.

“Now we have a state law with the state saying that they are denying the permit and Holtec is going to argue against it,” Turco said.

The denial, even after the public comment period, is not necessarily a done deal, a point state Rep. Matt Muratore, R-Plymouth, made in comments read aloud by state Sen. Sue Moran, D-Falmouth, at the meeting.

More: 'Not one drop': Hundreds rally in Plymouth to prevent dumping radioactive water into ocean

“Although the state ruled that DEP has said Holtec can't discharge in Cape Cod Bay, please keep in mind the (Nuclear Regulatory Commission) oversees radiation, and that still needs to be resolved,” Muratore said.

David Noyes, senior compliance manager for Holtec, agreed.

“There's nothing that is black-and-white legal yet until we get through the process,” he said.

Moran, Markey and other lawmakers also weigh in

While the outcome of the preliminary denial remains to be seen, lawmakers representing the area around Pilgrim were optimistic the denial will stand.

“The state and federal legislative delegation have fought for greater transparency and understanding of the negative impacts the discharge of radioactive water would have on Cape Cod Bay,” Moran said. “Holtec has a legal obligation to find another form of disposal for its wastewater that won't have an impact on the public health, economic vitality or environmental diversity of our communities.”

Those alternatives include trucking the water to an out-of-state storage facility at a cost of $20 million, according to Holtec President and CEO Kris Singh, or storing it on-site, which would extend the timeline for when the site could be released for other uses. 

Jim Cantwell, state director for U.S. Sen. Ed Markey, shared the senator’s optimism that the denial will stand.

“This is a great day for environmental justice,” Markey wrote. “The DEP's decision to deny Holtec’s permit modification request is a win for the environment and for all the people, businesses and organizations that rely on Cape Cod Bay’s reputation." 

Representatives from U.S. Sen. Elizabeth Warren's and U.S. Rep. Bill Keating’s offices also attended the meeting.

Is tritium dangerous? Depends whom you ask

The overriding concern about the treated water that would be released into the bay centers on tritium, a low-level radionuclide that is nearly impossible to filter out due to its chemical similarity to water.

Whether tritium is dangerous at the levels that would be released depends on which scientist you ask.

Tritium naturally occurs and filters through the body quickly, said Carolyn McCreary, of the group Eco-Nuclear Solution. She and another member of the organization traveled from Ayer to attend the meeting.

More: Residents upset when scientist says Pilgrim nuclear waste by-product in water not harmful

“The trouble with tritium is there is no trouble with tritium,” she said. “At any level outside the lab, tritium is harmless. It’s been studied for decades and no adverse effects on the environment or humans have ever been seen.” 

Dr. Barry Potvin, the chairman of Plymouth’s board of health, is a geneticist and longtime professor.

He disagreed with McCreary's assertion and said the studies mentioned have not traditionally looked at its effects on pregnant women and young children.

“The radiation and the genetic damage that ensues is additive over time,” he said. “It's also apparent that the dangers of low-dose chronic radiation exposure have only recently received the attention needed by researchers.”

Despite the overwhelming criticism of Holtec, the company does have its supporters.

“Holtec is a good corporate citizen performing the Pilgrim decommissioning in a truthful and open manner that should be commended,” retired electrical engineer Brian Campbell said.

Anger over the company’s plans remained strong among audience members, which included Duxbury Shellfish Advisory Board member Peter Dalton, who also belongs to the Stellwagen Bank Charter Boat Association. 

More: EPA rejects Holtec Pilgrim Plant wastewater discharging plan, see why they disagreed

He directed his feelings toward the company and its CEO at Holtec's Noyes.

“I can't believe that you would even do this and ruin all the families and all the income just for one guy from India to take $20 million in his pocket and screw everybody else,” he said. “It's not fair.”

Comments on the state's decision can be submitted to MassDEP electronically at massdep.npdes@mass.gov. Written comments can be submitted to: MassDEP Surface Water Discharge Permitting Program, 100 Cambridge St., Suite 900, Boston, MA 02114.

This article originally appeared on The Patriot Ledger: Nuclear advisory panel reacts to denial of Holtec discharge permit