EPA v. WOONSOCKET WWTF SSI

Case summary

01/11/2022: On December 13, 2021, the U.S. Department of Justice lodged a proposed consent decree in U.S. District Court for the District of Rhode Island concerning alleged violations by Synagro Northeast, LLC and the City of Woonsocket, Rhode Island (collectively, Defendants) of Clean Air Act (CAA) sewage sludge incineration (SSI) rules, under 40 CFR Part 62, Subpart LLL (Federal Plan). The U.S. alleged that the Defendants failed to submit required control and monitoring plans and achieve continuous compliance with operating and emission limits for air pollutants emitted from its SSI unit. Pursuant to the consent decree, by September 1, 2021, the Defendants were required to meet all Federal Plan requirements, including complying with CAA emission limits for nine air pollutants. Defendants will pay a $373,660 penalty. The proposed settlement affects the greater Woonsocket, Rhode Island area, which is one of potential EJ concern. Rhode Island does not have authority to enforce the Federal Plan. The City of Woonsocket owns and Synagro Northeast, LLC (Synagro) operates a fluidized bed sewage sludge incineration (SSI) unit at the Woonsocket Wastewater Treatment Facility in Woonsocket, Rhode Island. The referral alleges that Woonsocket and Synagro violated 40 C.F.R. Part 62, Subpart LLL (Federal Plan Requirements for Sewage Sludge Incineration Units Constructed On or Before October 14, 2010), which apply to existing SSI units. The referral seeks to establish a compliance schedule, assess an appropriate penalty, and require interim mitigation measures. The regulations at issue are directly implemented by EPA. While the Rhode Island Department of Environmental Management does not have delegation of the standards, it is aware of EPA's intention to take appropriate enforcement measures.

Defendants (2)

• WOONSOCKET CITY OFNamed in complaintNamed in settlement
• Synagro Northeast LLCNamed in complaintNamed in settlement

Facilities (1)

• WOONSOCKET WASTEWATER TREATMENT FACILITY

  15 CUMBERLAND HILL ROAD, WOONSOCKET, RI, 02895

  Registry ID: 110007215557

Statutes cited

• CAA 129 — Solid Waste Fuel Combustion

Enforcement conclusions (1)

• WOONSOCKET WWTF SSIentered 2022-02-16

  Primary law: CAA

  Federal penalty: $373,660

Timeline (5 milestones)

• 2019-12-18Referred To Dept Of Justice
• 2019-12-19Enforcement Action Data Entered
• 2021-12-13Final Order Lodged
• 2021-12-13Complaint Filed With Court
• 2022-02-16Final Order Entered