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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION5 77WESTJACKSONBOULEVARD CHICAGO,IL60604-3590

SEP

### 272006

CERTIFIED MAIL RETURNRECEIPT REQUESTED Doug Harris General Manager Veolia Environmental Services #7 Mobile Avenue Sauget, Illinois 62201

Dear Mr. Harris: REPLYTOTHE ATTENTIONOF: AE 17J

This is 

### to advise you that the United States Environmental ProtectionAgency (U.S. EPA) has determined that Veolia Environmental Services' facility at #7 Mobile Avenue, Sauget, Illinois is 

### in violation of the Clean 

### Air Act (CAA) 

### and Resource Conservation 

### and Recovery Act (RCRA) and associated state or local pollution control requirements. 

### A list of the reçuirementsviolated 

### isprovided below. 

### A Finding of Violation and Notice 

### of Violation (FOV/NOV) for these violations 

### isbeing issued 

### and is enclosed.
The 

### CAA requires the development of Primary and Secondary National Ambient 

### Air Quality Standards to protect public health 

### andwelfare. To attain and maintain these standards, each State is required to develop an implementationplan. 

### The Illinois State Implementation Plan (Illinois SIP) includes the following requirement:

1) 

### A source that has maximum theoretical emissions of 100 tons 

### ormoreper calendar 

### year ofVON and is not limited to less than 100 tons 

### of volatile organic material (VON) emissions per calendar year 

### in the absence of air pollution control equipment, through production or capacity limitations contained 

### in a federally enforceable permit 

### or a SIP revision, 

### must control their emissions

### by 81% overall. 

### Thepurpose 

### ofVON standards is to reduce the amount of ground level ozone formed, which may cause shortness 

### of breath, coughing, wheezing, 

### and eye and nose irritation.

RecycIed/RecycIabIe PrintedwithVegetable OilBasedInkson100% RecycledPaper (50%Postconsumer)2

The 

### CAA also requires the development of regulations to protect 

### and enhance the quality of 

### thenation's air so as 

### to promote public health 

### andwelfare and the productive capacity of its population. To attain 

### andmaintain these standards the U.S. EPA has developed emission standards as the National Emission Standards 

### of Hazardous Air Pollutants (NESHAP) 

### and emission standards to reflect the 

### MaximumAchievable Control Technology (MACT)

. 

### Hazardous air pollutants (HAPs) 

### may cause serious 

### healtheffects including birth defects and cancer. 

### Theymay also cause harmful environmental 

### and ecological effects. The 

### RCRA and IllinoisAdministrative Code (IAC) have similar requirements. 

### The NESHAP5 

### andMACTs and, 

### inpart, the 

### RCRAand IAC include the following requirements:

1) Each open-ended valve or line at the facility shall 

### be equipped

### witha cap, 

### blind flange, 

### plug or a second valve and each open-ended valve or line equipped

### with a second valve shall be operated 

### in a manner such that the valve 

### on the process fluid end 

### is closed 

### beforethe second valve is closed.

2) 

### A list of identification numbers for all equipment subject to the requirements of the subpart shall

### be recorded 

### in a log that is kept 

### in a readily accessible location. 

# -i owner or operator must test equipment for compliance with
no detectable emissions following

### Method 21 and an owner or operator of each stationary source

### mustmaintain 

### and operate the
source, including associated equipment 

### forair pollution control, 

### in amannerconsistent 

### withgood air pollution control practice for minimizing emissions.

4) 

### A source must commence the initial comprehensive performance testing 

### on an incinerator not later than 

### sixmonths after the compliance date.

5) 

### A sourcemust limit its combined emissions 

### of arsenic, beryllium, and chromium to 97 

### dry standard cubic meters.

EPA finds that \Teoliahas violated the above listed Illinois SIP, IAC, RCRA, NESHAP 

### andMACT requirements.
Section 113 of the 

### CAA and Section 3008 of the 

### RCRAgiveus several enforcement options 

### to resolve these violations, including: issuing 

### an administrative compliance order, issuing3



### an administrative penalty order, bringing 

### a judicial civil action, and bringing a judicial criminal action. The option 

### we select, 

### inpart, depends on the efforts taken 

### by Veolia to correct the alleged violations 

### and the timeframe 

### in which you can demonstrate and maintain continuous compliance

### with the requirements cited in the FOV/NOV.
Before 

### we decide 

### which enforcement option is appropriate, Section 113 of the 

### CAAprovides 

### youwith the opportunity to request a conference

### withus about the violations alleged 

### in the FOV/NOV. This conference will provide 

### you a chance 

### topresent information 

### on the identified violations, any efforts 

### you have taken to comply, 

### and the steps

### youwill take to prevent future violations. Please plan for your facility's technical and management personnel to take part in these discussions. You may 

### havean attorney represent 

### and accompany

### you at this conference.
The 

### EPA contacts 

### in this matter are Sarah Marshall, Air and Radiation Division, and Spiros Bourgikos, 

### Waste Pesticides and Toxics Division. 

### Youmay call Ms. Marshall at (312) 886-6797 or Mr. Bourgikos at (312) 886-6862 

### ifyouwish to request a conference. 

### EPAhopes that this FOV/NOV will encourage Veolia's compliance with the requirements of the Clean 

### AirAct and the Resource Conservation 

### andRecovery Act. Sincerely yours,

Ch 

### y JI'tor, 

## ActingDirector 

### A nd Radiation Division 

# 7 Y4.QAJ Lorna M. Jereza, çi)ef 

### ' 

### Compliance SectionTi Enforcement and Compliance Assurance Branch Waste, Pesticides and Toxics Division

Enclosure4

cc: Julie Armitage, Acting Chief Compliance 

### and Systems Management Section Illinois Environmental Protection Agency 

### ToddMarvel IllinoisEnvironmental ProtectionAgencyUnited States Environmental ProtectionAgency



### INTHEMATTEROF:
Jeolia Environmental Services ) TOTICE 

### OFVIOLATION and ?IN]JING 

### OFVIOLATION Proceedings Pursuant to the Clean Air Act, ) 

### PA-5-06-28-IL 42 U.S.C. 7401 et seq. and the Resource Conservation and 

### ecovery Act, 42 U.S.C. 6901 et seq.

NOTICE AND

### FINDINGOFVIOLATION 

## Veolia Environmental Services (you 

### orVeolia) (formerlyknown as 

### OnyxEnvironmental Services) owns 

### and operates three hazardous waste incinerators, two tank farms and two material processing units at #7 

### MobileAvenue, Sauget, Illinois (Facility). The incinerators are identified 

### as Incinerators 2,3 and 4, the tank farms as 1 and 3 and the material processing areas 

### as MP-1 and MP-2.

U.S. 

### EPA is sending this Notice 

### of Violation and Finding of Violation (NOV/FOV

### orNotice/Finding) 

### toyou for: (1) uncontrolled emissions 

### of volatile organic material (VOM) from MP-l 

### and MP-2; (2) open-ended lines conveying

### VOM andhazardous 

### air pollutants (HAPs) in the tank farms; (3) not including connectors for lines conveying

### VOM and HAPs 

### in the tank farms on list 

### of monitored equipment; (4) exceeding breakthrough limits 

### on the carbon canisters, which controls benzene, HAP, and VOM emissions 

### fromthe tank farms; (5)lateperformance of the initial testing 

### on Incinerator 3 as required 

### by the National Emission Standards for Hazardous 

### Air Pollutants regulations; and (6) exceeding the NESHAP limit for arsenic, beryllium, and chromium at Incinerator 3. The underlying statutory and regulatory requirements includeprovisions of the Clean 

### Air Act (CAA) 

### and the Resource Recovery 

### and Conservation Act (RCRA) and their respective implementing regulations 

### and the Illinois State2

Implementation Plan (Illinois SIP) and Administrative Code (IAC). Section 113 of the CAA provides 

### you with the opportunity to request 

### a conference

### withus 

### to discuss the violations alleged in the FOV/NOV. This conference

### willprovide 

### you a chance to present information on the identified violations, any efforts you 

### have taken to comply, and the steps

### youwill take 

### to prevent futureviolations. Please plan for the Facility's technical and management personnel to take part 

### in these discussions. 

### You may 

### havean attorney represent 

### and accompany

### you at this conference. Explanation 

### of Violations
The followingprovides 

### a description of the regulationsVeolia violated 

### andhowVeoliaviolated them:

1. 

### The Illinois SIP at Part 219 regulates organic material emissions, 

### which includes volatile organic compounds, for the Metro East Area. Subpart 

### TT of the Part 219 includes the rules for emission,units not regulated under the other subparts of Part 219.
a. Subpart 

### TT of the Illinois SIP, Section 219.980, states that a source is subject to the rules of Subpart 

### TT if the source contains process emission units1 that as 

### a group both 

### havemaximumtheoretical emissions of 100 tons 

### ormoreper calendar

### year ofVOM andarenot limited to less than 100 tons 

### of volatile organic material (VOM 

### orVOC) emissions per calendar

### year in the absence of air pollution control equipment through production or capacity limitations contained 

### in a federally enforceablepermit 

### or a SIP revision. Subpart 

### TT requires a source to install and operate controls 

### to reduce 

### VOM emissions 

### by at least 81%.

b. Based on 

### an evaluation of 

### themaximum throughput information 

### andmaximum possible 

### VOC material processed in the material processing units, MP—1 

### and MP-2, U.S. 

### EPAhas determined that the maximum theoretical emissions from MP-l and MP-2 exceed 100 tons

### per year of VOC. Therefore, MP-l and MP-2 are required to 

### be controlled by 81% overall control.

'Sources regulated underSubparts B, E, F, H, Q, R, 5, T, V. X, Y, Z, AA, BB, PP. QQ, or RR of Part 219 arenot subject to Subpart TT requirements.3

2. 

### 40 C.F.R. Part 61 Subpart

### V regulates hazardous air pollutant emissions, which includebenzene and vinyl chloride, from equipment leaks.
a. 40 C.F.R. 61.242-6(a) and (b), 35 Illinois Administrative Code (IAC) 725.956(a)(1) [40 C.F.R. 265.1056(a)(1)] require that each open-ended valve or line shall be equipped

### witha cap, 

### blind flange, 

### plug or a secondvalve and 

### each open-ended valve or line equipped 

### witha second valve shall 

### be operated 

### in a manner such that the valve 

### on the process fluid end 

### is closed before the secondvalve 

### is closed.

b. 40 C.F.R. 61.246(e)(1), 35 IAC [40 C.F.R. 265.1064(b)(1) (i)]

## require a source to record 

### on a log that is kept 

### in a readily accessible location the identification numbers for all equipment subject to the requirements of Subpart

### V (CAA) 

### and Subpart BB (RCRA).

c. During an inspection the

### week of May 15, 2006, at the Veolia facility, comparative 

### LeakDetection and Repair (LDAR) monitoring was conducted

### by U.S. EPA. As 

### a result of the comparative monitoring, U.S. 

### EPA found 

### 11 openedended valves. Veolia also kept 

### an incomplete list of components 

### to be monitored. 

### The connectors

### werenot included on the list.

3. 40 C.F.R Part 61 Subpart 

### FF provides emission standards for benzene waste operations. a. 40 C.F.R. 61.354 (h), requires that 

### an owner or operator must test equipment for compliance 

### withno detectable emissions following

### Method 21. 

### 40 C.F.R. 61.12(c) requires that 

### an owner 

### or operator of each stationary source 

### mustmaintain 

### and operate the source, including associated equipment for air pollution control, 

### in amannerconsistent 

### withgoodairpollution control practice for minimizing emissions.

b. During the 

### May inspection at the Veolia facility, U.S. 

### EPA conducted comparative

### LDARmonitoring. As 

### a result of the comparativemonitoring, U.S. EPA foind that 2 of the 18 carbon canisters (11.1%) that

### weremonitored exceeded the breakthrough limit of 1275

### ppm VOM. Veolia monitors its 19 carbon canisters biweekly. 

### Upon review of Veolia's'4

monitoring records, from January 2001 until the time of U.S. EPA's inspection, 20 carbon canisters have exceeded the aforementioned breakthrough limit. Thus, Veolia's historical breakthrough rate is 0.19%, 

### which is significantly lower than the 11.1% of breakthroughs that U.S. 

### EPA found during the inspection. This leads U.S. EPA 

### to find that Veolia is 

### not conducting the 

### LDARmonitoring 

### in accordance with the appropriatemethodology.

4. 

### 40 C.F.R. Part 63, Subpart EEE provides the emission standards for HAPs 

### fromhazardous waste combustors.

a. 40 C.F.R. 63.1207(c), requires that a source must commence the initial comprehensiveperformance testing on 

### an incinerator to determine if its operations are in compliance with the applicable HAPs standard not later than six months after the compliance date.
b. 

### Veoliatested Incinerator 3 

### onMay 10 and 11, 2006, 

### which is later than six months afterVeolia's compliance date 

### of December 30, 2004.

c. 40 C.F.R. 63.1203(a) (4) prohibits the emission of arsenic, beryllium, and chromium, combined, over 97 micrograms 

### per dry standard cubicmeter (ug/dscm).

d. Veolia tested Incinerator 3 emissions 

### on May 10 

### and 1, 2006. The test results showed total low volatile emissions including arsenic, beryllium 

### and chromium at 249 ug/dscm 

### in excess of the regulatory standard of 97 ug/dscm.

Environmental Impact 

### of Violations

5. Violation 

### ofVOM standards increases the amount 

### of ground level ozone. Ozone 

### may cause shortness of breath, coughing, wheezing, 

### and eye 

### andnose irritation. Ozone is especially dangerous 

### to older adults, children, asthmatics 

### andpersons 

### with other chronic respiratory ailments.

6. Violation 

### of HAP stiandardsmay cause serious health effects including birth defects 

### and cancer. HAPs 

### may also cause harmful environmental and ecological effects.5



## 7. Violation 

### of Benzene standards

### may cause serious health effects including cancer of the lymph system, lung cancer and bladder cancer.



### h yl NIto'n, 

## Acting

## Director Ai Radiation Division



# ______ 

# c

Lorna M. Jereza, C Compliance Section Enforcement and Compliance Assurance Branch Waste, Pesticides, and Toxics Division Date

# 6/ó

Date6
CERTIFICATE

### OF NAILING

I, Betty Williams, certify that I sent 

### a Notice 

### and Finding of Violation, No. EPA-5-06--28-IL, 

### by Certified Mail, Return Receipt Requested, to: 

### DougHarris General Manager Veolia Environmental Services #7 Mobile Avenue Sauget, Illinois 62201

I also certify that I sent copies of the Finding of Violation and

### Noticeof Violation

### by first classmail to:
Julie Armitage, Acting Chief Compliance 

### and Systems Management Section Illinois Environmental ProtectionAgency 1021 North Grand Avenue Springfield, Illinois 62702



### on the

# 7ay of ___________________, 

### 2006.

Betty lliams, Secretary AECAS(IL/IN)

CERTIFIED

### MAILRECEIPT 

### NUMBER:______________________