Apri114, 2015

Mr. Robert Kaplan Deputy Regional Administrator US Environmental ProtectionAgency, Region 5 77 W JacksonBlvd (Mail Code R-19J) Chicago, IL 60604-3507

Dear Mr. Kaplan: 

# VE

Thankyou for the opportunity to meet last week and review our cunentpennitting status. We appreciate both you and George allowing us to directlyvoice our concerns.
As discussed, Veolia is the only commercial HWC inRegion 5 that has not failed a CPT or had final Agency actiontaken against it. Our concern is that despite this fact, USEPA is attemptingto require Veolia to install unverifiable (as comparedto method 29) monitoring equipment at a great expense. USEPA's actions place Veolia at a competitive disadvantage to its two primary competitors, both ofwhom are located in Ohio (i.e. also in Region 5) and, unlike Veolia, have failed CPTs and had final Agency action taken against them. George stated during our meetingthatthe Agency is requiring Veoliato install such expensive, experimental monitoring equipment because the Agencybelieves Veolia services more small, "one off' type customers than either ofVeolia's Ohio competitors. The Agency's beliefdoes notjustify its actions against Veolia and is, in fact, inaccurate.

A Feedstream Analysis Plan ("FAP") is designed to accurately characterize the nature ofincoming waste streams fed to the incinerators. The Agency's regulations contemplate a FAP being equally applied to all waste, regardless ofwhether the waste is generated by a large quantity generator ("LQ") or a "one off'type customer. Veoliahas offeredto enhance its existing FAP in order to provide theAgency withthe assurances that it seeks or adopt either ofVeolia's Ohio competitor's FAPs which the Agency apparently believes provide the assurances the Agency seeks.
Further, the Agency's assertion that Veolia's customerbase is in some fashion fundamentally different than either ofVeolia's Ohio competitors is inaccurate. Basedon publicly available data and as reflected in the table below, all three Region 5 commercial HWC's servicethe same type ofindustries and, in many cases, the identical customers based on competitive bidding results:

#7 Mobile Avenue, Sauget, IL 62201 (618) 271-2804 www.veolia.com

# VE

Tons Incinerated Number of Tons' Tons Non- %Small LQ Received Haz & Small '"one off' Customers from LQ Qty Gen Generators "one off' 2011 2012 2013 2013 2013 2013 Veolia 33K 34K 444 19K 15 44.1% Heritage/WTI 61K 62K 602 33K 29 46.8% Ross 741<. 75K 773 32K 43 57.8%

The information demonstrates Veolia receives and incinerates approximately 50% ofthe volume ofwaste that each ofthe Ohio incinerators incinerate. Further, all three commercial HWC's in Region 5 receive approximately 50% oftheir waste from large quantity generators. The remaining 50% for each ofthe incinerators is from non-hazardous/small quantity "one off' generators. Similarly, the number oflarge quantity generators shipping to each ofthethree commercial HWCsrelative to each ofthe incinerator's volumes processed again supports the similar nature ofeach ofthese businesses.

In short, the Agency'srequirement that Veolia install expensive, experimental monitoring equipment is not justified given Veolia'srecord; the Agency's ability to obtain as much information as needed from ·an enhancedFAP; and the similarity ofoperations between Veolia, where the Agency is requiringthe.expensive, experimental monitoring equipment, and Veolia's competitors, where the Agency is not requiring such equipment.

US EPA Region 5 shouldnotmisuse its unique position ofbeing the primary permitting authority for Veolia to force Veoliato install unverified monitoring equipment and force Veoliato pay for improvements to a heretofore failed technologythat the Agency finds interesting. Rather, Region 5 should abide bythe law and follow proper rulemaking in its attempt to impose such technology on the regulated community.

Veoliarespectfully requests thatthe Agencyremove the unnecessary requirements for additional unlegislated continuous emission monitoring equipment from its Title V draft permit.

# s~:y,**~**

# Doug~ General Manager

cc: SusanHedman, Region 5 Administrator George Czerniak, Region 5 Director ofAir & Radiation Division US Senator Dick Durbin- Dr. Jasmine Hunt US Congressman Mike Bast- MarkRatto US Congressman John Shimkus- Steve Tomaszewski US Congressman Rodney Davis US Congressman Jerry Costello (ret)

1 El Digest 2 EPA Biennial Generation & Management Report

#7 Mobile Avenue, Sauget, IL 62201 (618) 271-2804 www.veolia.com