EPA's recent sewage sludge incinerator (SSI) regulations for existing sources at 40 CFR Part 62, Subpart LLL (Federal Plan Requirements for SSI Units Constructed On or Before October 14, 2010) seek to ensure that existing sewage sludge incinerators at wastewater treatment facilities comply with performance standards and emission limitations for Clean Air Act pollutants such as mercury and sulfur dioxide (which are known or suspected of causing cancer and other serious health effects.) The Manchester Wastewater Treatment Plant, which is owned and operated by the City of Manchester, New Hampshire, has failed to reach compliance with the standards by the required date of March 21, 2016 and is currently exceeding emissions limitations for several harmful pollutants, including mercury and sulfur dioxide. EPA's referral to the Department of Justice seeks to establish a compliance schedule, assess an appropriate penalty, and require mitigation measures. The regulations at issue are directly implemented by EPA. The New Hampshire Department of Environmental Services is supportive of the case.
Region issued six Clean Air Act Notices of Violation (NOVs) to sewage sludge incinerators for violations of the Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010, published in the federal register on April 29, 2016, and found at 40 CFR Part 62 Subpart LLL. EPA issued NOVs to sewage sludge incinerators located in West Haven and New Hav