News

Quiet on the River

Critics of a state permit for large withdrawals of Westfield River water are stripped of the right to testify.

Comments (16)
Thursday, February 19, 2009
Steve Hamlin Watercolor "Westfield River Arch"

The state Department of Environmental Protection has thrown out testimony offered by a highly credentialed expert on rivers for a hearing on the Russell Biomass plant.

The hearing focused on the water withdrawal permit the state has issued for the wood-fired electricity generating plant proposed for Russell. The plant would be located on the Westfield River, one of the Valley's finest fishing rivers, which since 1993 has enjoyed the federal designation of Wild and Scenic River.

Before the hearing, testimony concerning the permit had been filed by Prof. Piotr Parasiewicz, now director of the Northeast Instream Habitat Program at Mount Holyoke College. Parasiewicz, who has held research positions at Cornell and UMass, has assisted with the Index Streamflow Report for the Massachusetts Water Resources Commission. He developed a computer simulation model for fish and mussel habitat restoration planning that is used in the formulation of instream flow standards in New Hampshire.

Parasiewicz was not the only specialist who had filed testimony before the hearing. Joining him were Andrea Donlon, river steward with the Connecticut River Watershed Association, Peter Schilling, an attorney representing Trout Unlimited, and Henry Warchol, a Westfield resident who, like Schilling, has expressed concern that the downdraw of water will threaten the Atlantic salmon, which was restored to the Connecticut River region in a decades-long program at a cost of $600 million. The Westfield is a major tributary of the Connecticut.

The DEP ruled that testimony from all those sources was "irrelevant" because it related to discharges of pollutants regulated under federal law, not to water withdrawal, the subject of the state permit. But that mischaracterizes Parasiewicz's testimony, which analyzes the withdrawal in detail. And Margaret Sheehan, an attorney representing the Rushing Rivers Institute of Amherst and the other river activists, says the ruling misrepresents the pertinent state law. In an email Sheehan told the Advocate, "The Water Management Act, Mass. General Laws, Chapter 21G, Section 7, says in granting a permit for someone to take water from the river, DEP 'shall consider& reasonable protection of water quality, fisheries, wildlife, recreation,' and the ability of the river to absorb wastewater from the plant that is taking the water. It is a well-established scientific fact that a river's ability to absorb pollutant discharges from a plant is directly related to the amount of water in the river."

The permit authorizes the plant's developer, Russell Biomass, to draw up to 885,000 gallons of water a day from the Westfield River to cool the facility, which will produce 50 megawatts of power. According to the permit, the water will not be returned to the river, but in the DEP's view the drawdown "will not have significant or detrimental effects on the Westfield River's stream flow, based on the stream flow analysis submitted by the applicant, and its own internal review of the site hydrology..." The fact that the stream flow analysis was done by the company and not by an independent entity was one of Parasiewicz's objections to the permit.

Parasiewicz's testimony, filed more than a month before the hearing, began with a reminder that many rivers and streams, notably the Ipswich, have been documented as dry in Massachusetts, and that with losses of coldwater fauna from rivers predicted here, "excessive" water withdrawals should be avoided to ward off drought. According to his calculations, 30 percent of the water in the Westfield River during "low flow" in August is already withdrawn from the river by local industries.

Parasiewicz concludes that the DEP "lacked a sufficient factual basis" for granting the Water Management Act permit because, among other things, Russell Biomass had not provided readings of the continuous flow and temperature of the river for one to two years at the location in question, or estimations about future scenarios using simulations programmed to take climate change into account.

"They could use air cooling without drawing any water, but it is a little more expensive," Parasiewicz told the Advocate. While Russell Biomass says air cooling has a larger carbon footprint than water cooling, the permit says air cooling was taken off the table because it would add an estimated $50 million or more to the cost of the project.

Parasiewicz and the others had filed testimony Dec. 22 for the Jan. 27 hearing, but Russell Biomass filed a motion asking the DEP to keep their testimony off the record, and the DEP acquiesced. Said Sheehan, "My partner and I have done environmental cases for 44 years and have never seen legitimate citizen testimony excluded like this."

The issue of water withdrawal for the Russell Biomass plant, and the state's willingness to allow financial concerns such weight in its decision to allow water cooling rather than requiring air cooling, expose an irony stemming from unresolved conflicts in the financing of green energy as the state and the nation move to alternative and renewable sources.

In 2004 the Russell Biomass project received a loan of $150,000 from the Massachusetts Technology Collaborative, which administers the state's Renewable Energy Trust, to do preliminary design work. By now the venture involves, according to the water withdrawal permit, $1.1 million in federal renewable energy production tax credits and $11.7 million in Renewable Energy Credits.

So over $12 million in public money is going into a supposedly green project that will draw billions of gallons of water from a river that is still clean enough to support salmon—a fish that shuns polluted environments and was restored to the Connecticut River and its tributaries at a cost of millions of dollars in public funds. Is tax money working at cross purposes here? Critics are asking if this is what green was supposed to mean.

Comments (16)
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I know the Westfield River as a coldstream river with much wildlife, beautiful flora and over fifty miles of white water canoeing and kayaking. I am disheartened that the DEP adjudicatory hearing process excluded the testimony of witnesses on the issue of water quality and fisheries. DEP has ignored its duty to determine the safe yield, disregarded testimony about the economic impacts to local businesses that rely on a healthy fishery, and is undermining citizen rights, our rights, to seek a full and fair hearing on the merits of this permit.
Posted by Rob Moir on 2.18.09 at 6:39
Time for citizen action to prevent the destruction of yet another river. Where is the ELF when we need them?
Posted by reg on 2.18.09 at 10:29
Stephanie Kraft has written an insightful piece about this unusually biased process, and it was right of her to point out how state money is being spent on cross-purposes. How true that is. Some of the environmental groups who should have been front and center on this have instead been MIA for four years because they believed the developers numbers (which have now been proven to be full of errors in the developers' favor and to the detriment of the fishery). The Division of Fisheries and Wildlife was the main agent who went around selling this bad science to the Atlantic Salmon Federation and other groups. Still no one has heard from these critically important groups, even though this hearing officer has introduced unprecedented illegalities in the adjudicatory proceeding has embarrassed the DEP and the Governor from Springfield to Boston and beyond.
Posted by Jana Chicoine on 2.18.09 at 16:46
Clearly DEP and EOEEA could care less about the effects on the river from this plant. Then try to figure out where the wood is coming from to feed this plant. HINT: Look at the ramped up logging plans on our public lands, using clearcutting and other even aged forms of management, which damage the ecology of the forest permanently. Now, where are the enviro groups???
Posted by Ray on 2.18.09 at 18:47
I am greatly cocern that the DEP has seen fit to throw out anyones testimony. Isn't that the purpose of a hearing?
Posted by concerned citizen on 2.19.09 at 5:42
The Valley Advocate has done a commendable job bringing to light the DEP's current attitude toward protecting our rivers: it is one of blatant disregard for river ecology in favor of business. DEP has no evidence to show that this water withdrawal will be safe for the River. In addition, the hearing appeal process has been biased and indefensible. Its all about the money: the environmental groups and citizen testimony shows Russell Biomass will make a $1 billion dollar profit over 30 years - and they get to take the public's Westfield River water for free. Moreover, the company logs its own land so the trees that would otherwise be sequestering carbon are cut and burned and Russell Biomass has a free source of wood, too. The company asked DEP to throw out the citizen's testimony and the DEP gladly complied. I do need to correct one point in the article: Rushing Rivers isn't a party to the case so I don't represent them. Dr. Parasiewicz is providing testimony for my clients. Thank you Stephanie Kraft.
Posted by Meg Sheehan on 2.19.09 at 16:33
Great article, Stephanie Kraft. You inspired me to do some research and write the following letter to the editor to various newspapers: The state Department of Environmental Protection (DEP) held a hearing in Springfield during the week of January 25th. The hearing concerned an appeal of the water permit issued to Russell Biomass, LLC, for its proposed biomass incineration power plant in Russell, MA. The permit would allow for daily massive withdrawals of water from the Westfield River for cooling purposes in the plant. Six of the eight witnesses who were opposed to this permit and were prepared to give testimony at the hearing were denied the right to do so by DEP hearing officer Salvatore Giorlandino. Mr. Giorlandino ruled the six witnesses testimony as irrelevant from my understanding of what happened. I find this outrageous and my question is Why?. The witnesses denied were Dr. Piotr Parasiewicz, an internationally recognized expert on river issues, Henry Warchol, former president of the Westfield River Watershed Association, Peter Schilling of Trout Unlimited, John Berry, a Russell resident who owns Streamside Flyfishing, Bill Gogol, owner of a sporting store who has knowledge about stocking the river, and Carl LaFreniere, a kayaker, familiar with how water levels affect navigation on rivers. In my opinion, each person had something important to contribute to the hearing. Isnt the purpose of any hearing to hear all points of view and to gather expert testimony regarding the matter at hand? I am not an expert on how DEP conducts their hearings, however, as a taxpayer in the commonwealth, I feel something is wrong when a state agency selectively chooses who can and who can not testify at a hearing that affects the lives of the people who they serve. It is undemocratic. I believe that Governor Patrick should conduct an immediate investigation of this travesty.
Posted by Henry Euler on 2.23.09 at 21:35
Para 53:b of Dr. Piotr Paraseiwicz's rejected testimony most succinctly summarizes RBM's Mr. Bumgardner's research approach - "The conclusions of Mr. Bumgardner are based on analysis of averages and median flow values. This is biologically irrelevant, because averages do not kill. To put it in perspective: at average the weather conditions in New Orleans are not dangerous to humans, however very many people died in Hurricane Katrina."
Posted by Bob O on 3.1.09 at 7:36
It's really funny to read both uninformed and self-serving comments about this. From what I learned by making a couple of phone calls, this wasn't a PUBLIC HEARING but it was a hearing on an appeal - kind of like a court proceeding - and by doing a little research of my own I discovered there are rules. Like if you don't have legal standing, you don't get to be a party. I think that's what happened to the Trout people - their chapter was missing some legal piece and doesn't get to just be a party because they want to. I also was told that some of the witnesses who didn't get to testify didn't get to do it because they were going to talk about things that weren't issues in the appeal. Maybe they're important issues, but I guess not for the particular case that happened. I also talked to someone who was there, and he told me that some of the the testimony was kept out because the lawyers for the people trying to stop the power plant didn't submit stuff on time or however the judge ordered. That sounds like oops on the lawyers, to me. I've been in some court cases and I can tell you it matters if you're late or don't do things the way the rules say you should.
Posted by Ethel Spiliotes on 3.21.09 at 15:49
what is really funny is when this plant starts running westfield and russell and other towns who use this for reason such as sewer treatment will now have to pay more on there sewer bill due to the discharge from the plant ...thanks to the state of ma giving all kinds of credit to the plant... to hurt the little people
Posted by tracy on 3.29.09 at 18:38
thanks man
Posted by Fethiye on 4.11.09 at 7:54
hate to say it but 885000 gallons a day is NOT a lot of water for a river the size of the Westfield. It's equal to 1.36cfs per minute per day. Even in the driest of years (we have the river's flow records since 1913) it's a "drop in the bucket".
Posted by Ken on 4.14.09 at 15:41
it's time to react ! water is precious, save our planet for ou children ! Keep it clean !
Posted by betway poker on 4.17.09 at 3:14
thanks
Posted by mirc on 5.1.09 at 13:52
. Today, it is reverse, the literacy is 86% and 62 % of unviversity students are women!
Posted by AVI to DVD on 5.19.09 at 22:45
thanks admin good post
Posted by sohbet on 6.9.09 at 8:39
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