In response to the state Department of Environmental Protection’s decision to give FirstLight Hydro Generating Co. a water quality certification for its operations in Turners Falls and Northfield, two environmental advocacy nonprofits have joined others in the Pioneer Valley in filing an appeal with MassDEP’s Office of Appeals and Dispute Resolution.

The appeal, filed May 12 by the Connecticut River Conservancy and American Rivers, refers to the 401 Water Quality Certification that MassDEP issued to FirstLight on April 22. The appeal contests conditions outlined in the certification, arguing that they do not protect water quality, river ecosystems and recreational resources for the 22 miles of the Connecticut River that are impacted by the facilities, as is required by Massachusetts state law.

The certification marks the latest step in the process for FirstLight to obtain a 50-year license from the Federal Energy Regulatory Commission (FERC) for its Connecticut River hydroelectric facilities. FirstLight has been operating the Turners Falls dams and the Northfield hydro-pump facility under a temporary license since 2018.

The 26-page appeal by the Connecticut River Conservancy and American Rivers outlines six objections, such as inadequate water flow below the Turners Falls dam for aquatic habitats and recreation; failing to address erosion impact near the facilities through mitigation, stabilization and monitoring; and not meeting the burden to restore and protect the shortnose sturgeon population found near the Turners Falls dam. The nonprofits also argue that MassDEP did not look at climate change impacts when issuing the certification.

In the appeal, the Connecticut River Conservancy and American Rivers are asking for an adjudicatory hearing, and a finding that the 401 Water Quality Certification issued is not factually supported and was submitted in error, among other requests.

According to an electronic filing by FirstLight to FERC dated June 2, there have been five appeals submitted to MassDEP regarding the water quality certification. Besides the one submitted by the Connecticut River Conservancy and American Rivers, Earth Law Practice, the Franklin Regional Council of Governments, Greenfield resident Karl Meyer and the Connecticut River Defenders advocacy group have all submitted appeals.

Connecticut River Conservancy Executive Director Rebecca Todd said Tuesday that since filing, FirstLight has put forward motions to dismiss the appeals by Meyer and Earth Law Practice.

“FirstLight has filed motions to dismiss some of the appellants for lack of standing,” she said. “FirstLight believes they haven’t shown that they are aggrieved parties under the appeal.”

Todd explained that the appeal process is continuing, and the presiding case officer has offered to hold a settlement discussion with both FirstLight and the Connecticut River Conservancy, which she said she is interested in moving forward with.

“At this point, we wouldn’t have filed the appeal had we thought that it wasn’t going to be successful,” Todd said.

In response to the appeal, FirstLight Communications Manager Claire Belanger said, “We disagree with CRC and American Rivers’ characterization of the certification issued by MassDEP.” However, she declined to comment further on the appeal as it is an ongoing legal matter.

Hydraulic fluid spill

The most recent appeal to MassDEP was filed just weeks before the June 3 oil spill at FirstLight’s Turners Falls dam, where an equipment malfunction caused the dam to leak roughly 300 gallons of hydraulic fluid into the Connecticut River, marking the facility’s fourth such incident since 2021. Belanger clarified on Monday that the 300-gallon figure is an estimate made by FirstLight.

According to a statement from FirstLight, employees observed a sudden loss of hydraulic pressure in the dam’s bascule gate system, and responding to the dam, saw an oil sheen below it. FirstLight stated it notified MassDEP, which responded to the spill, alongside FirstLight personnel and health, safety and environment professionals. The company noted that the dam system has since been stabilized and that there are currently “no indications of an ongoing leak of hydraulic fluid.”

The Massachusetts Executive Office of Energy and Environmental Affairs has a Waste Site & Reportable Releases Information webpage detailing the June 3 spill that reports 445 gallons of hydraulic oil were released. Calls to Jeffrey Arps of Tighe & Bond, the waste site cleanup professional assigned to the spill, and the EEA regarding the difference in reported leakage between the state and FirstLight were not returned by press time on Tuesday.

Regarding the spill, MassDEP spokesperson Fabienne Alexis said the incident is still under investigation, but that MassDEP is “committed to ensuring that facilities operate responsibly and in full compliance with environmental requirements to safeguard the health of our water resources and communities.”

When asked if this recent hydraulic fluid spill affirms their convictions in the appeal to MassDEP, Todd and Andrew Fisk, Northeast regional director of American Rivers and former executive director of the Connecticut River Conservancy, mentioned how the spill highlights the need to protect the Connecticut River and its resources.

“We understand that hydroelectric power can play an important role, but the preservation and protection of the resource is critically important. We think we can do both, but we don’t believe that the water quality certification, as it’s currently written, does both,” Todd said. “The spill highlights that there are always risks in operating hydroelectric facilities, and that there have to be meaningful ways to minimize those risks and mitigate when adverse circumstances happen.”

“We do know that that area is used by both resident and migratory species, as well as the federally endangered shortnose sturgeon,” Fisk added. “So I think it’s disappointing that it’s continuing to happen, but it reinforces that this is an incredibly important resource, and particularly that area below the dam needs to be treated better.”

Erin-Leigh Hoffman can be reached at ehoffman@recorder.com or 413-930-4231.