City of Manchester, New Hampshire, Division of Public Works (Board decision, October 14, 2026)

Plain-English summary

The City of Manchester, New Hampshire petitioned the Environmental Appeals Board to review provisions of an NPDES permit issued by EPA Region 1. The Board stayed the appeal while the City and Region explored settlement. After the stay expired, the City reported a negotiated resolution, requested dismissal under 40 C.F.R. § 124.19(k), and said the Region agreed. The Board dismissed the petition based on that request. The order does not state the terms of the resolution or decide the challenged permit provisions on their merits.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k).
• Outcome: Petition for review dismissed at the City's request after a negotiated resolution.
• Key point: The Board ended the permit appeal after the City and EPA Region 1 reported a resolution and agreed to dismissal.

Full text (EPA EAB public release)

F I L E D
Oct 14, 2026
Clerk, Environmental Appeals Board
INITIALS ______
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C.

)
)
In re City of Manchester
) NPDES Appeal No. 25-05
)
NPDES Permit No. NH0100447
)
)

ORDER DISMISSING PETITION FOR REVIEW

Decided October 14, 2026

Before Environmental Appeals Judge Ammie Roseman-Orr and Acting Environmental Appeals Judge Nívea Berríos-Colón.

Order of the Board by Judge Roseman-Orr:

The City of Manchester, New Hampshire petitioned the Environmental Appeals Board to

review certain provisions of a National Pollutant Discharge Elimination System (“NPDES”)

permit, which the U.S. Environmental Protection Agency Region 1 issued to the City of

Manchester. The Board stayed the matter to allow the City of Manchester and the Region to

explore settlement. Following the expiration of the stay, the City of Manchester requests that the

Board dismiss this matter in accordance with 40 C.F.R. § 124.19(k) and indicates that the parties

have reached a negotiated resolution of the City’s petition and the Region assents to dismissal.

City of Manchester’s Assented-to Request for Dismissal of Petition at 1 (Sept. 25, 2026).
 Based on the request for dismissal and the representations contained therein, the Board

dismisses the petition for review.

So ordered.

-2-
 CERTIFICATE OF SERVICE

I certify that copies of the foregoing Order Dismissing Petition for Review in the matter of City of Manchester, NPDES Appeal No. 25-05, were sent to the following persons on October 14, 2026, in the manner indicated:

By E-mail:

Cayleigh Eckhardt
Gregory H. Smith
U.S. Environmental Protection Agency
McLane Middleton, Professional Association
Office of Regional Counsel, Region 1
[email protected]
[email protected]
Adam M. Dumville
Kristen Scherb
McLane Middleton, Professional Association
U.S. Environmental Protection Agency
[email protected]
Office of Regional Counsel, Region 1
[email protected]
Thomas F. Irwin
Conservation Law Foundation, Inc.
Kassandra Kometani
[email protected]
U.S. Environmental Protection Agency
Office of Regional Counsel, Region 1
Jillian Aicher
[email protected]
Conservation Law Foundation, Inc.
[email protected]

Digitally signed by
TOMMIE MADISON
Date: 2026.10.14
13:44:17 -04'00'
Tommie Madison
Clerk of the Board