UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

-r 

_____ 

77 WEST JACKSON BOULEVARD 

CHICAGO, IL 60604-3590 

REPLY TO THE ATTENTION OF: 

JUN 1 2 2000 AE-17J 

CERTIFIED MAIL 

RETURN RECEIPT REQUESTED 

Doug Harris 

General Manager 

Veolia Environmental Services 

#7 Mobile Avenue 

Sauget, Illinois 62201 

Dear Mr. Harris: 

This is to advise you that the U.S. Environmental Protection Agency has determined that 

Veolia Environmental Services' facility at #7 Mobile Avenue, Sauget, Illinois is in violation of 

the Clean Air Act (CAA). We are today issuing you a Finding of Violation (FOV) for these 

violations. 

The Act requires the development of standards for emissions of Hazardous Air Pollutants 

(HAP) to protect the public health and welfare. EPA has promulgated Maximum Achievable 

Control Tecimology (MACT) standards set forth to address HAP emissions from various source 

categories. As discussed more fully in the enclosed FOV, Veolia is in violation of the MACT 

standards that regulate HAP emissions from Hazardous Waste Combustors. 

Section 113 of the Act gives us several enforcement options to resolve these violations. 

The options include issuing an administrative compliance order, issuing an administrative 

penalty order, bringing a judicial civil action, and bringing a judicial criminal action. 

We are offering you the opportunity to request a conference with us about the violations 

alleged in the FOV. This conference will give you an opportunity to present information on the 

specific findings of violation, 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 you at this conference. 

Recycled/Recyclable Pirnled with Vegetable Oil Based Inks on 100% Recycled Paper (50°/o Pcstconsurner) 
2 

The EPA contact in this matter is Sarah Marshall. You may call her at (312) 886-6797 to 

request a conference. You should make the request within 10 calendar days following receipt of 

this letter. We should hold any conference within 30 calendar days following receipt of this 

letter. 

Sincerely, 

Cheryl L. Newton 

Acting Director 

Air and Radiation Division 

Enclosure 

cc: Ray Pilapil, Manager 

Compliance and Systems Management Section 

Illinois Environmental Protection Agency 
United States Environmental Protection Agency 

N THE MATTER OF: 

Environmental Services OF ViOLATION 

Pursuant to 

he Clean Air Act, 

U.S.C. 7403 et seq. 

FINDING OF VIOLATION 

Veolia Environmental Services (you or Veolia) owns and operates three hazardous waste 

incinerators at #7 Mobile Avenue, Sauget, Illinois (facility). The incinerators are identified as 

Incinerator Nos. 2, 3, and 4. 

The U.S. Environmental Protection Agency is sending you this Finding of Violation (FOV) to 

notify you that we have found that Veolia is violating Section 112 of the Clean Air Act and its 

implementing regulations for National Emission Standards for Hazardous Air Pollutants from 

Hazardous Waste Combustors at 40 C.F.R. Part 63, Subpart EEE. 

National Emission Standards for Hazardous Air Pollutants from Hazardous Waste 

Combustors 

1. On September 30, 1999, U.S. EPA promulgated the National Emission Standards for 

Hazardous Air Pollutants from Hazardous Waste Combustors (HWC NESHAP) at 40 

C.F.R. Part 63, Subpart EEE (64 Fed. Reg. 53038). 

2. In July 2001, the D.C. Circuit Court of Appeals vacated the HWC NESHAP. Cement 

Recycling Coal. v. EPA, 347 U.S. App. D.C. 127, 255 F.3d 855, 857 (D.C. Cir. 2001). 

The Court stayed the vacatur until U.S. EPA could promulgate interim standards. 

3. On February 13, 2002, U.S. EPA promulgated the HWC NESHAP interim standards 

at 40 C.F.R. Part 63, Subpart EEE (67 Fed. Reg. 6792). 
2 

Regulatory Requirements for HWC NESHAP 

4. The following HWC NESHAP requirements are relevant to this FOV: 

a. 40 C.F.R. §63.1203(a)(2) prohibits a source from emitting mercury in excess 

of 130 micrograms per dry standard cubic meter (ugldscm) for all hazardous 

waste incinerators. 

b. 40 C.F.R. § 63.1207(b)(1) requires that an owner or operator of a Hazardous 

Waste Combustor conduct a Comprehensive Performance Test to, in part, 

demonstrate compliance with the HWC NESHAP emission standards and 

establish operating parameter limits. 

c. 40 C.F.R. § 63.1207(f) requires a source to submit a Compliance Performance 

Test Plan. 

d. 40 C.F.R. § 63.1207(f)(1)(x) states that if a source wants to request to 

extrapolate metal feed rate limits from the Compliance Performance Test 

levels, it must include the following in the Compliance Performance Test 

Plan: 

i. A description of the extrapolation methodology and rationale for how 

the approach ensures compliance with the emissions standards; 

ii. Documentation of the historical range of normal (i.e., other than 

during compliance testing) metals feed rates for each feedstream; and 

iii. Documentation that the level of spiking recommended during the 

performance test will mask sampling and analysis imprecision and 

inaccuracy to the extent that the extrapolated feed rate limits 

adequately assure compliance with the emission standards. 

Explanation of Violation 

5. From at least January 2005 through March 2006, Veolia's mercury emissions 

exceeded 130 micrograms per dry standard cubic meter at Incinerator Nos. 2, 3, and 4 

in violation of 40 C.F.R. §63.1203(a)(2). 

6. From at least December 30, 2003 through the present, Veolia has used and continues 

to use as surrogates for mercury emission standards operating parameter limits that it 

derived from an extrapolation methodology for which it did not appropriately request 

approval in its Compliance Performance Test Plan, in violation of 40 C.F.R. 

§ 63.1207(f)(1)(x). 
3 

Environmental Impact of Violations 

7. Hazardous Air Pollutant (HAP) standards may cause serious health effects including 

birth defects and cancer. HAPs may also cause harmful environmental and ecological 

effects. 

Date Ch'eryl L. Newthn' 

Acting Director 

Air and Radiation Division 
4 

CERTIFICATE OF MAILING 

I, Betty Williams, certify that I sent a Notice and Finding of Violation, No. EPA-5-08-19- 

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

Doug Hams 

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: 

Ray Pilapil, Manager 

Compliance and Systems Management Section 

Illinois Environmental Protection Agency 

1021 North Grand Avenue 

Springfield, Illinois 62702 

on this of , 2008 

CERTIFIED MAIL RECEIPT NUMBER: I O 0 

Betty Williams 

Administrative Program Assistant 

AECAS (IL/IN) 
4 

CERTiFICATE OF MAILING 

I, Betty Williams, certify that I sent a Notice and Finding of Violation, No. EPA-5-08-19- 

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: 

Ray Pilapil, Manager 

Compliance and Systems Management Section 

Illinois Environmental Protection Agency 

1021 North Grand Avenue 

Springfield, Illinois 62702 

on this of , 2008 

CERTIFIED MAIL RECEIPT NUMBER: 0CC 

Betty 

Administrative Program Assistant 

AECAS (IL/IN)