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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 5 

77 WEST JACKSON BOULEVARD 

CHICAGO, IL 60604-3590 

SEP 2 7 2006 

CERTIFIED MAIL 

RETURN RECEIPT REQUESTED 

Doug Harris 

General Manager 

Veolia Environmental Services 

#7 Mobile Avenue 

Sauget, Illinois 62201 

Dear Mr. Harris: 

REPLY TO THE ATTENTION OF: 

AE 17 J 

This is to advise you that the United States Environmental 

Protection Agency (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 

reçuirements violated is provided below. A Finding of Violation 

and Notice of Violation (FOV/NOV) for these violations is being 

issued and is enclosed. 

The CAA requires the development of Primary and Secondary 

National Ambient Air Quality Standards to protect public health 

and welfare. To attain and maintain these standards, each State 

is required to develop an implementation plan. The Illinois 

State Implementation Plan (Illinois SIP) includes the following 

requirement: 

1) A source that has maximum theoretical emissions of 100 tons 

or more per calendar year of VON 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. The purpose of VON 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 Printed with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer) 
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The CAA also requires the development of regulations to protect 

and enhance the quality of thenation's air so as to promote 

public health and welfare and the productive capacity of its 

population. To attain and maintain 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 Maximum Achievable Control Technology 

(MACT) . Hazardous air pollutants (HAPs) may cause serious 

health effects including birth defects and cancer. They may 

also cause harmful environmental and ecological effects. The 

RCRA and Illinois Administrative Code (IAC) have similar 

requirements. The NESHAP5 and MACTs and, in part, the RCRA and 

IAC include the following requirements: 

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

equipped with a 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 before the 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 must maintain and operate the 

source, including associated equipment forair pollution 

control, in a manner consistent with good air pollution control 

practice for minimizing emissions. 

4) A source must commence the initial comprehensive performance 

testing on an incinerator not later than six months after the 

compliance date. 

5) A source must limit its combined emissions of arsenic, 

beryllium, and chromium to 97 dry standard cubic meters. 

EPA finds that \Teolia has violated the above listed Illinois 

SIP, IAC, RCRA, NESHAP and MACT requirements. 

Section 113 of the CAA and Section 3008 of the RCRA give us 

several enforcement options to resolve these violations, 

including: issuing an administrative compliance order, issuing 
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an administrative penalty order, bringing a judicial civil 

action, and bringing a judicial criminal action. The option we 

select, in part, 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 CAA provides you with the opportunity to 

request a conference with us about the violations alleged in the 

FOV/NOV. This conference will provide you a chance to present 

information on the identified violations, any efforts you have 

taken to comply, and the steps you will take to prevent future 

violations. Please plan for your facility's technical and 

management personnel to take part in these discussions. You may 

have an 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. You may call Ms. Marshall at (312) 886-6797 or 

Mr. Bourgikos at (312) 886-6862 if you wish to request a 

conference. EPA hopes that this FOV/NOV will encourage Veolia's 

compliance with the requirements of the Clean Air Act and the 

Resource Conservation and Recovery Act. 

Sincerely yours, 

Ch y JI'tor, Acting Director 

A nd Radiation Division 7 Y4.QAJ Lorna M. Jereza, çi)ef ' 

Compliance SectionTi 

Enforcement and Compliance Assurance Branch 

Waste, Pesticides and Toxics Division 

Enclosure 
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cc: Julie Armitage, Acting Chief 

Compliance and Systems Management Section 

Illinois Environmental Protection Agency 

Todd Marvel 

Illinois Environmental Protection Agency 
United States Environmental Protection Agency 

IN THE MATTER OF: 

Jeolia Environmental Services ) TOTICE OF VIOLATION and 

?IN]JING OF VIOLATION 

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 FINDING OF VIOLATION 

Veolia Environmental Services (you or Veolia) (formerly known as 

Onyx Environmental Services) owns and operates three hazardous 

waste incinerators, two tank farms and two material processing 

units at #7 Mobile Avenue, 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 or Notice/Finding) to you for: (1) 

uncontrolled emissions of volatile organic material (VOM) from 

MP-l and MP-2; (2) open-ended lines conveying VOM and hazardous 

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 from the tank farms; (5)late performance 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 include provisions of the Clean Air Act 

(CAA) and the Resource Recovery and Conservation Act (RCRA) and 

their respective implementing regulations and the Illinois State 
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Implementation Plan (Illinois SIP) and Administrative Code 

(IAC). 

Section 113 of the CAA provides you with the opportunity to 

request a conference with us to discuss the violations alleged 

in the FOV/NOV. This conference will provide you a chance to 

present information on the identified violations, any efforts 

you have taken to comply, and the steps you will take to prevent 

future violations. Please plan for the Facility's technical and 

management personnel to take part in these discussions. You may 

have an attorney represent and accompany you at this conference. 

Explanation of Violations 

The following provides a description of the regulations Veolia 

violated and how Veolia violated 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 

have maximum theoretical emissions of 100 tons or more per 

calendar year of VOM and are not limited to less than 100 

tons of volatile organic material (VOM or VOC) 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. Subpart TT requires a source to install and 

operate controls to reduce VOM emissions by at least 81%. 

b. Based on an evaluation of the maximum throughput 

information and maximum possible VOC material processed in 

the material processing units, MP—1 and MP-2, U.S. EPA has 

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 under Subparts B, E, F, H, Q, R, 5, T, V. X, Y, Z, AA, BB, 

PP. QQ, or RR of Part 219 are not subject to Subpart TT requirements. 
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2. 40 C.F.R. Part 61 Subpart V regulates hazardous air 

pollutant emissions, which include benzene 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 with a 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 before the 

second valve 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 Leak Detection 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 were not 

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 with no 

detectable emissions following Method 21. 40 C.F.R. 

61.12(c) requires that an owner or operator of each 

stationary source must maintain and operate the source, 

including associated equipment for air pollution control, 

in a manner consistent with good air pollution control 

practice for minimizing emissions. 

b. During the May inspection at the Veolia facility, U.S. 

EPA conducted comparative LDAR monitoring. As a result of 

the comparative monitoring, U.S. EPA foind that 2 of the 18 

carbon canisters (11.1%) that were monitored exceeded the 

breakthrough limit of 1275 ppm VOM. Veolia monitors its 19 

carbon canisters biweekly. Upon review of Veolia's 
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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 LDAR monitoring 

in accordance with the appropriate methodology. 

4. 40 C.F.R. Part 63, Subpart EEE provides the emission 

standards for HAPs from hazardous waste combustors. 

a. 40 C.F.R. 63.1207(c), requires that a source must 

commence the initial comprehensive performance 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. Veolia tested Incinerator 3 on May 10 and 11, 2006, 

which is later than six months after Veolia'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 cubic meter (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 of VOM standards increases the amount of ground 

level ozone. Ozone may cause shortness of breath, coughing, 

wheezing, and eye and nose irritation. Ozone is especially 

dangerous to older adults, children, asthmatics and persons 

with other chronic respiratory ailments. 

6. Violation of HAP stiandards may cause serious health effects 

including birth defects and cancer. HAPs may also cause 

harmful environmental and ecological effects. 
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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 

______ Lorna c 

M. Jereza, C 

Compliance Section 

Enforcement and Compliance 

Assurance Branch 

Waste, Pesticides, and Toxics 

Division 

Date 

6/ó 

Date 
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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: 

Doug Harris 

General Manager 

Veolia Environmental Services 

#7 Mobile Avenue 

Sauget, Illinois 62201 

I also certify that I sent copies of the Finding of 

Violation and Notice of Violation by first class mail to: 

Julie Armitage, Acting Chief 

Compliance and Systems Management Section 

Illinois Environmental Protection Agency 

1021 North Grand Avenue 

Springfield, Illinois 62702 

on the 7ay of ___________________, 2006. 

Betty lliams, Secretary 

AECAS(IL/IN) 

CERTIFIED MAIL RECEIPT NUMBER:______________________