STATEMENT OF BASIS 

Air Pollution Control 

Title V Permit to Operate 

Permit No. V-IL-1716300103-08-01 

The purpose of this document is to set forth the legal and factual bases for permit 

conditions, including references to applicable provisions of the Clean Air Act (CAA or 

Act) and implementing regulations. This document also gives the derivation of 

conditions as required by 40 C.F.R. § 71.11(b). 

1. GENERAL INFORMATION 

(A) Applicant and Stationary Source Information 

Owner Facility (SIC Code: 4953) 

Veolia ES, Technical Services L.L.C. Veolia Environmental Services 

7 Mobile Avenue 

Sauget, Illinois 62201 

Responsible Official Facility Contact 

Doug Harris, (618) 271-2804 Dennis Warchol, (618) 271-2804 

(B) Facility Description 

Veolia ES, Technical Services L.L.C.’s (Veolia or Permittee) Sauget, Illinois facility is a 

treatment, storage and disposal facility, which accepts offsite waste for further disposal 

through incineration. Containers and bulk shipments of hazardous and solid wastes are 

received, analyzed and transferred to temporary storage facilities, processed and 

incinerated in one of three combustion units. 

(C) Area Classification 

St. Clair County, Illinois is designated as a moderate nonattainment area for both the 8-

hour ozone National Ambient Air Quality Standard (NAAQS) and the NAAQS for 

particulate matter less than 2.5 micrograms. St. Clair County is in attainment with 

NAAQS for all other criteria pollutants. 

(D) Major Source Status 

The source requires a Title V permit because it is a major source of hazardous air 

pollutant (HAP) emissions and because it is subject to the requirements established under 

40 C.F.R. Part 63, Subpart EEE, “National Emission Standards for Hazardous Air 

Pollutants from Hazardous Waste Combustors” (HWC MACT). 

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(E) Enforcement Issues and Permit Shield 

On September 27, 2006, the U.S. Environmental Protection Agency issued a Finding of 

Violation and Notice of Violation (FOV/NOV) to Veolia notifying the company that the 

Agency finds it to be in violation of the CAA and the following regulations: 40 C.F.R. 

Part 61, Subpart V, the National Emission Standard for Emission Leaks; 40 C.F.R. Part 

63, Subpart DD, the National Emission Standard for Hazardous Air Pollutants from OffSite Waste and Recovery Operations; and 40 C.F.R. Part 61, Subpart FF, the National 

Emission Standard for Benzene Waste Operations. Subsequent to the issuance of the 

FOV/NOV and based on further investigation, EPA found that Veolia is also in 

noncompliance with 40 C.F.R. Part 63, Subpart EEE, the HWC MACT, for failure to 

timely perform compliance testing as required by 40 C.F.R. § 63.1207(c); failure to 

appropriately request the use of an extrapolation methodology as required by 40 C.F.R. § 

63.1207(f)(1)(x); exceeding the applicable HWC MACT mercury limit on incinerator 

numbers 2, 3, and 4, as set forth in 40 C.F.R. § 63.1206(b)(1); and exceeding the HWC 

MACT arsenic emission standard as, set forth in 40 C.F.R.§ 63.1203(a)(4). 

EPA's regulations at 40 C.F.R. part 71 allow permitting authorities the discretion to 

include a provision in the permit stating that compliance with the conditions of the permit 

shall be deemed compliance with any applicable requirements as of the date of permit 

issuance, which is commonly referred to as a "permit shield." (See 40 C.F.R. § 71.6(f).) 

In view of the need for a compliance schedule to bring this facility into compliance with 

the HWC MACT standard set forth in 40 C.F.R. § 63.1200-1221 and table 1 and the 

appendix to 40 C.F.R. part 63, EPA has determined that it is not appropriate at this time 

to grant a permit shield for the applicable requirements of the HWC MACT standard, 

including those portions of the general provisions of part 63 applicable to the source as a 

result of the applicability of 40 C.F.R. part 63, subpart EEE. EPA intends to reconsider 

whether a permit shield for these provisions is appropriate when EPA revises the permit 

to incorporate operating parameter limits established pursuant to the compliance 

schedule, and may provide a full permit shield at that time. 

Similarly, EPA has determined that it is not appropriate at this time to grant a permit 

shield for the requirements applicable to the source as a result of applicability of the 

following regulations: 40 C.F.R. Part 61, Subpart V, the National Emission Standard for 

Emission Leaks; 40 C.F.R. Part 63, Subpart DD, the National Emission Standard for 

Hazardous Air Pollutants from Off-Site Waste and Recovery Operations; and 40 C.F.R. 

Part 61, Subpart FF, the National Emission Standard for Benzene Waste Operations. 

In addition, EPA notes that 40 C.F.R. § 71.6(f)(3) expressly provides that nothing in any 

part 71 permit shall alter or affect the following: 

(i) The provisions of section 303 of the Act (emergency orders), including the 

authority of the Administrator under that section; 

(ii) The liability of an owner or operator of a source for any violation of 

applicable requirements prior to or at the time of permit issuance; 

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(iii) The applicable requirements of the acid rain program, consistent with section 

408(a) of the Act; or 

(iv) The ability of EPA to obtain information from a source pursuant to section 

114 of the Act. 

The issuance of this permit by EPA and the receipt thereof by the Permittee does not and 

shall not be construed as barring, diminishing, adjudicating or in any way affecting any 

currently pending or future legal, administrative, or equitable rights or claims, actions, 

suits, causes of action or demands whatsoever that the EPA may have against the 

Permittee, including, but not limited to, enforcement actions related to the HWC MACT 

standard, and other enforcement actions authorized pursuant to the provisions of 

applicable federal law. 

In addition, EPA may modify or reopen the permit for the addition or revision of permit 

terms and conditions if EPA and the Permittee enter into an Order on Consent, or EPA 

determines that additional measures to assure compliance are necessary. (See permit 

conditions 4.0 (J), (K), (L), (M), and (N).) 

(F) History of the Title V Permit 

Veolia (formerly Onyx Environmental Services) submitted to Illinois Environmental 

Protection Agency (IEPA) on September 7, 1995, an application for a Title V permit for 

its facility in Sauget, Illinois. IEPA issued a draft Title V permit on June 6, 2003, and the 

public comment period for the permit ended September 12, 2003. During the public 

comment period, IEPA received comments on the draft permit. IEPA revised the permit 

and submitted the proposed permit to EPA on November 6, 2003. EPA did not object to 

the proposed permit within its 45-day review period, which ended December 21, 2003. 

On February 18, 2004, EPA received a petition from the Sierra Club and American 

Bottom Conservancy requesting that EPA object to issuance of the Veolia Title V permit, 

pursuant to Section 505(b)(2) of the CAA and 40 C.F.R. § 70.8(d). On February 1, 2005, 

EPA issued an order granting the petition in part and denying it in part. Pursuant to 40 

C.F.R. § 70.8(c), this action started a 90-day period during which IEPA was required to 

issue a revised Title V permit that addressed the issues raised in the February 1, 2005 

order. IEPA did not issue the permit within the 90-day window. The Sierra Club and the 

American Bottom Conservancy sued EPA, alleging that EPA had a duty to issue the 

permit following the State of Illinois’ failure to timely issue the revised permit. 

On September 29, 2006, EPA announced its intent to issue or deny a federal Title V 

permit. Veolia submitted a Part 71 permit application to EPA on May 2, 2007. EPA 

deemed the application administratively complete on June 13, 2007. 

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2. PROCESS DESCRIPTION AND EMISSIONS

(A) Summary 

Veolia has three combustors: #2, #3, and #4. Combustor #1 was decommissioned and 

closed in 1992. Combustors #2 and #3 are custom fixed hearth incinerators. Combustor 

#4 is a rotary kiln incinerator (transportable system converted to a stationary unit). All 

three combustors are fed liquid and solid waste streams, although Veolia processes bulk 

waste only in combustor #4. 

Veolia receives a variety of wastes in containers (drums, roll offs, etc.) and in bulk. 

These wastes come into the facility predominantly in the form of solids and liquids. 

Drums are stored in various buildings on the property (including an explosives 

magazine), depending on the characteristics of the material. 

Drummed liquids may be transferred via drum pumps to tank farm #1 or tank farm #3, or 

may be directly injected into one of the three combustors. Tank farm #1, which services 

combustors #2 and #3, is made up of ten vertical fixed roof storage tanks. Tank farm #3, 

which services combustor #4, is made up of eight vertical fixed roof storage tanks. These 

storage tanks release fugitive emissions during filling and emptying of the tanks, as well 

as when the tanks are empty. Emissions from these storage tanks are controlled by 

individual carbon adsorption units on each tank. 

Bulk solid wastes are stored in four pits in the bulk feed building The building is 

enclosed and equipped with a cyclone, baghouse, and carbon adsorption unit. The 

enclosed building must be operated under permanent negative pressure. A clam shell 

moves bulk solids from the bulk feed building through an enclosed gallery to combustor 

#4. 

Material processing occurs at units MP-1 and MP-2, and the lab pack repack areas. 

Material processing involves the repackaging of drummed solids into more manageable 

containers for subsequent incineration. Some of these solids may have free liquids, which 

are fixed with an inert absorbent material before repackaging. Lab packs are opened and 

repackaged into acceptable containers for charging to the combustors. 

Each combustor has a primary combustion chamber (PCC) and a secondary combustion 

chamber (SCC). The PCCs and SCCs have natural gas-fired auxiliary burners, which are 

used during startup, shutdown, malfunctions and additional heat input. Liquid wastes are 

fed into the combustors by air atomized injection nozzles. These feeds are made up of 

wastes with high Btu and aqueous streams, which are fed to the PCCs on all three units. 

High Btu streams can be fed to the SCCs as well; however, this is done only on 

combustor #4. Solid waste is fed to the PCC by conveyors in batch mode. Each 

combustor has an air pollution control train consisting of a spray dryer absorber and 

baghouse. In addition, combustor #4 has a tempering chamber and activated carbon 

injection. 

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The three combustors are supported by lime handling systems and ash handling systems. 

The lime handling systems are made up of lime storage silos and slurry mix tanks. There 

is one system for combustors #2 and #3 and one for combustor #4. The silos are 

controlled by bin vents. Ash handling consists of material collection from the 

combustion chambers, the spray dryer and baghouse. The combustion chamber ash is 

collected in roll off boxes. These roll off boxes are tarped to minimize particulate matter

(PM) emissions. Each combustor is continuously monitored for carbon monoxide and 

hydrogen chloride/chlorine emissions via a continuous emission monitoring system. 

Veolia operates small combustion sources comprising a natural gas-fired boiler as well as 

two emergency generators and a portable Tioga heater. 

Veolia also operates a drum crusher. Drums that are unsuitable for reuse are crushed at 

the drum crusher. Some empty drums may contain residual waste when crushed. These 

emissions are not controlled. 

Fugitive emissions occur facility-wide. The most significant source of fugitive emissions 

is equipment leaks from pipelines and pumps that handle liquid organic waste. The 

evaporation of organics from spills, leaks, and drum sampling also contribute to facilitywide fugitive emissions. 

(B) Applicable Requirements

This permit details the requirements applicable to Veolia. The following chart lists the 

applicable requirements for each of the emission units. 

Emission 

Unit Description 

Emission Control 

Equipment 

Applicable Requirements 

Hazardous Waste 

Combustors 

Incineration Unit #2 

(Incinerator) with a 

Maximum Heat 

Capacity 16 

mmBtu/hr 

Incineration Unit #3 

(Incinerator) ) with a 

Maximum Heat 

Capacity 16 

mmBtu/hr 

Incineration Unit #4

(Rotary Kiln) ) with 

a Maximum Heat 

Capacity 50 

mmBtu/hr 

Joy-Niro Spray 

Dryer Absorber 

(SDA-2), Pulse 

Flo Fabric Filter 

(BH-2) 

Joy-Niro Spray 

Dryer Absorber 

(SDA-3), Pulse 

Flo Fabric Filter 

(BH-3) 

Tempering 

Chamber, 

Activated Carbon 

Injection, 

Spray Dryer 

Absorber, Fabric 

Filter 

visible 

emissions 

Sulfur 

Dioxide(SO2) 

Carbon 

Monxide (CO) 

Particulate 

Matter (PM) 

Volatile 

Organic 

Compounds 

(VOC) 

Illinois State Implementation Plan 

(SIP) 35 IAC 212.123(a), 212.301, 

and 212.314 

Construction permits 87100024 and 

88010001 

HWC MACT, 40 C.F.R. part 63, 

subpart EEE; Illinois SIP 35 IAC 

216.141; Construction permits 

83120053, 87100024, and 88010001 

Illinois SIP 35 IAC 212.181(b); 

HWC MACT, 40 C.F.R. part 63, 

subpart EEE; Construction permits 

87100024 and 88010001 

Illinois SIP 35 IAC 219.301 and 

219.302; Construction permits 

87100024 and 88010001 

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Nitrogen 

Oxide (NOx) 

Hazardous air 

pollutants 

(HAPs)

Construction permits 87100024 and 

88010001 

HWC MACT; Construction permits 

83120053 and 87100024 

Material 

Processing Areas 

Waste 

Processing 

Units (Area 1 

and Area 2) 

Lab Pack Repack 

Unit 

Carbon 

Adsorption Unit 

(MP-2 only) 

None 

visible 

emissions 

VOC 

HAPs 

Illinois SIP 35 IAC 212.123 

Illinois SIP 35 IAC 219.301 

40 C.F.R. § 63.688 

Drum Crusher Empty drums are 

crushed 

None visible 

emissions 

PM 

VOC 

Illinois SIP 35 IAC 212.122 

Illinois SIP 35 IAC 212.321(a) 

Illinois SIP 35 IAC 219.301 

Storage Tanks for 

Liquid Wastes 

Tanks #2, #4, #6, 

#8, #10, #20, #30, 

#40, #50, #60, #300, 

#302, #304, #306, 

#308, #310, #312, 

#314, and #390 

Carbon Canisters VOC 

HAPs 

40 C.F.R. § 60.112b; Illinois SIP 35 

IAC 219.129(f) and 219.122(b) 

40 C.F.R. part 61, subpart FF and 

40 C.F.R. part 63, subpart DD 

Bulk Feed 

Building 

Temporary storage 

of bulk solid wastes 

in pits prior to being 

fed to incineration 

unit #4 

Cyclone, Airtol 

Baghouse (BF 

Bldg-BH-1), 

Carbon 

Adsorption Unit 

visible 

emissions 

PM 

VOC 

HAPs 

Illinois SIP 35 IAC 212.123(a) 

Illinois SIP 35 IAC 212.321(b)(1) 

Illinois SIP 35 IAC Part 219, Subpart 

G 

40 C.F.R. part 61, subpart FF and 

40 C.F.R. part 63, subpart DD 

Gasoline Storage 

Tanks 

Design capacity – 

564 gallons, 

equipped with 

submerged loading 

pipe 

None VOC Illinois SIP 35 IAC 219.122(b), 

219.583(a)(1), 219.585(a), 

219.585(b), and 219.585(c) 

Boiler Natural Gas-Fired 

Boiler with a 

Maximum Heat 

Capacity 10.6 

mmBtu/hr 

None visible 

emissions 

CO 

NOx 

HAPs 

Illinois SIP 35 IAC 212.122 

Illinois SIP 35 IAC 216.121; 

Construction permit 95080025 

Construction permit 95080025 

42 U.S.C. § 7412(j) 

Fugitive Emissions Pumps, Valves, 

Open-End Lines and 

Compressors 

None VOC 

HAPs 

Illinois SIP 35 IAC part 219, subpart 

C 

40 C.F.R. part 61, subparts J and V 

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(C) Insignificant Activities 

2.5 mmBtu/hr Tioga portable boiler 

Two emergency generators (<112kW) 

Ash handling 

Handling of spent dry scrubber solids 

Lime unloading and proportioning 

Gasoline storage and dispensing 

Use of absorbent material 

General vehicle maintenance and servicing (assumed to include diesel fuel handling) 

Laboratory 

Piping and storage system for natural gas 

Non-halogenated cold cleaning degreasers 

Internal combustion engines of motor vehicles 

Storage and handling of closed drums 

(D) Actual Emissions 

The following table lists actual annual emissions of criteria pollutants from this source, as 

reported in the Annual Emission Reports sent by Veolia to the IEPA. 

Annual Emissions (tons) 

Pollutant 2002 2003 2004 2005 2006 

CO 1.41 0.45 1.74 1.73 1.35 

NOx 13.67 9.03 10.98 11.54 56.63 

PM 1.01 0.34 0.83 1.03 1.07 

SO2 0.03 0.001 --- 0.001 0.002 

VOM 5.47 1.53 2.09 1.25 1.32 

(E) Construction Permits 

IEPA has issued the following construction permits to this source: 

 

Permit # Issued 

00110030 2/6/01 

95080025 8/11/95 

87100024 8/19/88 

88010001 8/3/88 

88030101 6/27/88 

83120053 9/2/86 

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3. UNIT SPECIFIC CONDITIONS 

 

(A) Hazardous Waste Combustor Maximum Achievable Control Technology (HWC 

MACT) 

Veolia is subject to the HWC MACT, 40 C.F.R. Part 63, Subpart EEE. The HWC 

MACT requires that subject facilities develop operating parameter limits (OPLs) either 

by using existing tests or by performing new tests (See 40 C.F.R. § 63.1207.) Veolia 

chose to use the data in lieu option under 40 C.F.R. § 63.1207(c)(2). As part of its 

application for a federal Title V permit, Veolia submitted its notice of compliance 

(NOC), including OPLs, some of which Veolia calculated based upon the data in lieu. 

EPA reviewed the data that Veolia used to calculate the OPLs. EPA concluded that, 

because we cannot determine whether the tests that Veolia used to establish the OPLs 

were valid and complete tests and because Veolia did not propose all required OPLs, 

reliance on the OPLs that Veolia submitted will not assure Veolia’s compliance with the 

applicable requirements in the HWC MACT. (See April 16, 2008 memorandum from 

Charles Hall to the file, “Operating Parameter Limits for Veolia ES Technical Solutions, 

LLC, Sauget, IL,” which is part of the record for this permitting action.) As a result of 

EPA’s review of the data, on February 22, 2008, EPA issued a Request for Information 

under section 114 of the CAA, 42 U.S.C. § 7414, requiring Veolia to complete 

comprehensive performance tests on all three combustion units. Veolia asserted that it 

could not meet the deadlines in the February 22, 2008 Request for Information because 

stack testing crews and materials were not available. Therefore, EPA agreed to extend 

the schedule and limit the testing to mercury, low volatile metals and semi-volatile 

metals. This agreement is reflected in the June 5, 2008 revision to the February 22, 2008 

Request for Information and in the compliance schedule contained in section 2.1 of the 

draft permit. For all other required OPLs, EPA has incorporated into the draft Title V 

permit parameters that EPA calculated based upon data submitted by Veolia. EPA’s 

calculations and explanations for accepting Veolia’s data are detailed in the June 5, 2008 

memorandum from Charles Hall to the file, “Operating Parameter Limits for Veolia ES 

Technical Solutions, LLC, Sauget, IL,” which is a part of the record for this permitting 

action. 

Since the test results and the OPLs are not available at the time this action is available for 

public notice, EPA is providing the opportunity for the public to comment on the 

compliance schedule, Veolia’s performance test plan, and the OPL calculation 

methodologies that are part of the record for this permit action. EPA is requiring in the 

June 5, 2008 Request for Information revision and the compliance schedule in the permit 

that Veolia submit the results of its testing and revised OPLs by September 26, 2008. If 

EPA finds the revised OPLs acceptable, EPA will reopen the permit to incorporate the 

OPLs developed from the required performance test and allow for public comment on the 

OPLs. 

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(B) Non-Applicability Determinations 

40 C.F.R. § 71.6(f)(1)(ii) provides that a permitting authority “may expressly include in a 

part 71 permit a provision stating that compliance with the conditions of the permit shall 

be deemed compliance with any applicable requirements as of the date of permit 

issuance, provide that: ... [t]he permitting authority, in acting on the permit application 

... determines in writing that ... requirements specifically identified are not applicable to 

the source, and the permit includes the determination or a concise summary thereof.” 

Sections 2.1(B), 2.2(B), 2.3(B), 2.4(B), 2.5(B), 2.6(B), 2.7(B), and 2.8(B) of the draft part 

71 permit each describe federal regulations or portions of the Illinois SIP that EPA has 

determined do not apply to this facility; the statement of basis explains why each of the 

specific regulation is not applicable. All of the determinations made in the above listed 

sections of the permit are based on each rule’s applicability criteria, not the source’s 

potential to emit, or other artificially imposed limits. For example, section 2.4(B)(1) 

provides that the liquid waste storage tanks are exempt from the requirements of 35 IAC 

219.121, 219.122, and 219.123 because these portions of the Illinois SIP do not apply to 

any stationary tank, reservoir or other container of less than 151 cubic meters (40,000 

gal) capacity. None of Veolia’s storage tanks have a capacity of 40,000 gallons or more. 

(C) Periodic Monitoring 

40 C.F.R. § 71.6(a)(3)(i)(B) requires that each permit contain: 

 Where the applicable requirement does not require periodic testing or 

 instrumental or noninstrumental monitoring (which may consist of recordkeeping 

 designed to serve as monitoring), periodic monitoring sufficient to yield reliable 

 data from the relevant time period that are representative of the source's 

 compliance with the permit, ... Such monitoring requirements shall assure use of 

 terms, test methods, units, averaging periods, and other statistical conventions 

 consistent with the applicable requirement. Recordkeeping provisions may be 

 sufficient to meet [these monitoring] requirements.... 

The draft permit contains the following periodic monitoring: 

2.2(D)(12): Section 2.2(A)(4) of the permit provides that no person shall cause or allow 

the emission of smoke or other particulate matter with an opacity greater than 30%. It is 

very unlikely that the repackaging of materials will cause opacity greater than 30% 

because the wastes that are being repackaged are in enclosed containers. The process 

typically involves opening the containers briefly while the waste is repackaged, and takes 

place in an enclosure that minimizes the impact from wind. Section 2.2(D)(12) of the 

permit requires Veolia to visually survey units MP1, MP2 and the lab pack area of the 

material processing area for any visible emissions, including fugitives. If emissions are 

observed, the permit requires appropriate corrective action. If the corrective action does 

not eliminate the visual emissions, then Veolia is required to conduct a method 9 opacity 

reading. If the method 9 reading results in an observation of 20% opacity or greater, then 

Veolia must continue monitoring the process using method 9. Section 2.2(E)(2) requires 

9
that Veolia keep records associated with the visual surveys and method 9 observations. 

EPA believes this staged approach to assessing the compliance with the opacity limit is 

appropriate, given the infrequency of visible emissions in the materials processing area. 

2.2(E)(3): Section 2.2(A)(3) of the permit provides that no person shall cause or allow 

the discharge of more than 3.6 kg/hr (8 lb/hr) of organic material into the atmosphere 

from any emission unit. Section 2.2(E)(3) of the permit requires Veolia to use the 

TANKS program to calculate the emissions of VOM/HAPs from units MP1, MP2 and the 

lab pack areas. The TANKS program is designed to estimate air emissions from organic 

liquids in storage tanks. TANKS allows users to enter specific information about a 

storage tank (dimensions, construction, paint condition, etc.), the liquid contents 

(chemical components and liquid temperature), and the location of the tank (nearest city, 

ambient temperature, etc.), and generate an air emissions report. Report features include 

estimates of monthly, annual, or partial year emissions for each chemical or mixture of 

chemicals stored in the tank. Since the organic liquids are stored in drums and canisters, 

using TANKS to determine the emissions based on the size of the containers and the 

liquid content will yield the most reliable information. 

2.3(D): Section 2.3(A)(3) of the permit provides that no person shall cause or allow the 

emission of smoke or other particulate matter with an opacity greater than 30%, with 

certain exceptions. It is very unlikely that crushing drums will cause opacity greater than 

30%, because the drums are empty and would not contain dust particles that would be 

dispersed when the they are crushed. Section 2.3(D) of the permit requires Veolia to 

visually survey the material processing area for visible emissions. The permit specifies 

appropriate corrective action if emissions are observed. If the corrective action does not 

eliminate the visual emissions, then Veolia is required to conduct a method 9 opacity 

reading. If the method 9 reading results in an observation of 20% opacity or greater, then 

Veolia must continue monitoring the process using method 9. Section 2.3(E)(3) of the 

permit requires Veolia to keep records associated with the visual surveys and method 9

observations. EPA believes this staged approach to assessing the compliance with the 

opacity limit is appropriate, given the rarity of visible emissions from the drum crusher. 

2.3(E)(2): Section 2.3(E)(2) of the permit requires Veolia to calculate emissions from the 

drum crusher using an emissions factor that is based on the assumption that only 

methanol residue is released from the crushed drums. Methanol has the highest vapor 

pressure of all organic material, and therefore, would emit the greatest amount of organic 

material to the atmosphere.

2.4(D)(4): To ensure the integrity of the carbon adsorption bed, section 2.4(D)(4) of the 

permit provides that Veolia must replace the carbon bed when a breakthrough occurs. If 

no breakthrough occurs, Veolia must replace the carbon bed within 365 days of operation 

on a high Btu tank and within 3 years of operation on a low Btu tank. 

2.4(D)(6): Section 2.4(A)(6) of the permit provides that each affected liquid waste 

storage tank must be equipped with a permanent submerged loading pipe. EPA believes 

10
compliance with this requirement can be determined from a quarterly inspection from the 

top and physical inspections every five years. 

2.5(D)(3): Section 2.5(A)(5) of the permit provides that no person shall cause or allow 

the emission of smoke or other particulate matter with an opacity greater than 30 percent 

from any emission unit, with certain exceptions. It is very unlikely that operations in the 

bulk feed building will cause opacity greater than 30% since it is totally enclosed. 

Section 2.5(D)(3) of the permit requires Veolia to visually survey the bulk feed building 

each day for visible emissions, including fugitive emissions. If emissions are observed, 

the permit requires specific corrective action. If the corrective action does not eliminate 

the visual emissions, then Veolia is required to conduct a method 9 opacity reading. If 

the method 9 reading results in an observation of 20% opacity or greater, then Veolia 

must continue to monitor the process using method 9. Section 2.5(E)(3) requires Veolia 

to keep records associated with the visual surveys and method 9 observations. EPA 

believes this staged approach to assessing the compliance with the opacity limit is 

appropriate, given the rarity of visible emissions from the bulk feed building. 

2.5(D)(6): Section 2.5(A) of the permit contains requirements to ensure that the bulk 

feed building is totally enclosed. Section 2.5(D)(4) provides that Veolia must design and 

operate the bulk feed building in accordance with Procedure T, “Criteria for and 

Verification of a Permanent or Temporary Total Enclosure,” including the requirement to 

perform an annual verification procedure, as specified in Procedure T. EPA believes that 

the requirement in section 2.5(D)(6), that Veolia must continuously maintain and monitor 

the negative pressure inside the bulk feed building, in conjunction with the requirements 

of subsection (D)(4), assures that Veolia is maintaining a total enclosure. 

2.6(D)(1): Section 2.6(A)(4) of the permit provides that the Reid vapor pressure of 

gasoline cannot exceed 7.2 psi. To demonstrate compliance with this limit, section 

2.6(D)(1) of the permit requires Veolia to have gasoline in the affected tank sampled and 

analyzed for Reid vapor pressure at least once every calendar year. EPA believes that 

annual sampling and analysis is sufficient to demonstrate compliance with the 

requirements of section 2.6(A)(4), because section 2.6(E)(5) requires that Veolia 

maintain for three years records of, among other things, the Reid vapor pressure of each 

shipment of gasoline loaded into the gasoline storage tank. Additionally, section 

2.6(D)(6) of the permit requires Veolia to inspect the tank annually to review its physical 

condition and ability to comply with the Illinois SIP. 

2.7(D)(1): Section 2.7(A)(3) of the permit provides that no person shall cause or allow 

the emission of smoke or other particulate matter with an opacity greater than 30 percent 

from any emission until, with certain exceptions. Section 2.7(C)(1) of the permit 

provides that natural gas will be the only fuel fired. Natural gas fired boilers emit very 

low levels of particulate. Therefore, EPA believes that, because it is very unlikely that 

this operation will cause opacity greater than 30%, an annual method 9 opacity reading is 

sufficient to demonstrate compliance with this limit. 

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(D) Streamlining 

Pursuant to 40 C.F.R. § 71.6(a)(3)(i)(A), if two or more applicable requirements regulate 

emissions of the same pollutant from the same emissions unit, EPA may require a 

permittee to comply with a streamlined set of monitoring or testing provisions, provided 

that the specified monitoring or testing is adequate to assure compliance at least to the 

same extent as the monitoring or testing applicable requirements that are not included in 

the permit as the result of the streamlining. EPA has streamlined requirements in 

conditions 2.1(C)(7)(g) and 2.1(C)(12). 

The waste cutoff interlock system required by construction permits 83120053, 87100024 

and 88010001 includes several criteria that would trigger the curtailment of waste being 

fed to the incinerators, such as when (1) the primary chamber falls below 1500 degrees 

and the secondary chamber exceeds 2275 degrees; (2) high opacity is indicated by a 

broken bag detector; or (3) the quench water flow falls below 100 gallons permit minute. 

The HWC MACT requires the Automatic Waste Feed Cut Off system to cut off the feed 

to the incinerators when (1) operating parameter limits specified under 40 C.F.R. 

§ 63.1209, an emission standard monitored by a CEMS, or the allowable combustion 

chamber pressure are exceeded; (2) the span value of any CMS detector, except a CEMS, 

is met or exceeded; (3) there is a malfunction of a CMS monitoring an operating 

parameter limit specified under 40 C.F.R. § 63.1209 or an emission level; or (4) any 

component of the automatic waste feed cutoff system fails. The construction permit and 

the MACT contain different criteria for when the feed should be cut off, making it 

difficult to compare each individual criteria for triggering the waste cutoff interlock 

system with the criteria for triggering the Automatic Waste Feed Cut Off system. 

Although the criteria are different, the two applicable requirements are clearly monitoring 

the combustors’ operation as a means to determine when the units may be out of 

compliance. It is clear that the breadth of the Automatic Waste Feed Cut Off system 

requirements in the HWC MACT is more stringent than the construction permit 

requirements. For this reason, EPA believes that compliance with 40 C.F.R. part 63, 

Subpart EEE will assure compliance with the list of required monitors in construction 

permits 83120053, 87100024, and 88010001. 

(E) Section 112(j) Determination 

Veolia was subject to 40 C.F.R. part 63, subpart DDDDD, prior to the vacatur of subpart 

DDDDD in July 2007. (See Natural Resources Defense Council v, EPA, 489 F.3d 1250 

(D.C. Cir. 2007).) Subpart DDDDD was a standard promulgated pursuant to section 

112(d) of the CAA, 42 U.S.C. § 7412(d). In the absence of a section 112(d) standard, 

Veolia is subject to section 112(j) of the CAA. Section 112(j) requires the permitting 

authority to issue a Title V permit with limitations on hazardous air pollutant (HAP) 

emissions that the permitting authority determines, on a case-by-case basis, to be 

equivalent to the limitation that would apply to such source if an emission standard had 

been promulgated in a timely manner under section 112(d). The HAP emitted by natural 

gas-fired boilers is a variety of organic compounds, collectively referred to as “organic 

HAP.” 

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In the vacated section 112(d) standard, EPA chose to use CO as a surrogate to represent 

organic HAP emitted from the various fuels burned in boilers and process heaters. EPA’s 

review of existing gas-fired boilers found that no units were using control technologies 

that achieve consistently lower emission rates than uncontrolled sources for organic HAP, 

and EPA did not establish a MACT standard for existing gas-fired boilers. Based on a 

review of CO limits in state regulations, EPA established a standard of 400 parts per 

million (ppm) for new natural gas fired boilers. (See 68 Fed. Reg. 1660 (January 13, 

2003) (proposal), 69 Fed. Reg. 55217 (September 13, 2004) (final).) 

EPA is proposing a section 112(j) limit for Veolia’s natural gas fired boiler of 100 parts 

per million by volume (ppmv) CO. EPA believes that, in setting a 112(j) standard for 

Veolia’s natural gas fired boiler, it is appropriate to use CO as a surrogate to represent 

organic HAP. Because CO is a difficult-to-destroy refractory compound (i.e., oxidation 

of CO to carbon dioxide is the slowest and last step in the oxidation of hydrocarbons), it 

is a conservative surrogate for destruction of hydrocarbons, including organic HAP (See

70 Fed. Reg. 59463 (October 5, 2005)). 

EPA is aware that natural gas fired boilers can achieve lower CO emissions. However, 

since EPA has chosen CO as a surrogate for organic HAP, the question is whether those 

lower CO levels would result in lower organic HAP emissions. As oxidation progresses 

and hydrocarbon levels decrease, the larger, heavier compounds are destroyed and 

smaller, lighter compounds form until, ideally, all hydrocarbons are oxidized to CO (and 

then carbon dioxide) and water. Consequently, the relationship between total 

hydrocarbons and organic HAP becomes weaker as total hydrocarbon levels decrease to 

form compounds that are not organic HAP, such as methane and acetylene. Data 

analyzed for the HWC MACT standard indicate that, at CO levels less than 100 ppmv, 

most hydrocarbons, including organic HAP, have been destroyed, and while some 

residual light organic HAP compounds such as benzene, toluene, and phenol may remain, 

there is no apparent relationship between carbon monoxide and remaining total 

hydrocarbons, including remaining organic HAP, at lower CO levels (other than that 

hydrocarbon levels are generally below 10 ppm when CO levels are below 100 ppm) (See 

70 Fed. Reg. 59463-64 (October 5, 2005)). Accordingly, EPA does not believe there is a 

basis for concluding that reducing CO below 100 ppmv would have any reliable, 

replicable effect on organic HAP emissions. 

Thus, EPA concludes that steps taken to meet the proposed 100 ppm CO limit will result 

in minimizing organic HAP emissions, and EPA believes, based on the information 

currently available, that this limit represents the “MACT floor” limit that would be 

established under section 112(d) for comparable natural gas-fired boilers. 

EPA also considered, as required by section 112(d), whether we should establish a more 

stringent “beyond the floor” standard. However, since EPA has determined that there is 

no basis for concluding that reducing CO below 100 ppmv would have any reliable, 

replicable effect on organic HAP emissions, EPA is also proposing that it would not be 

appropriate to establish a “beyond the floor” standard for this natural gas-fired boiler. 

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EPA notes that the Illinois SIP requires that Veolia meet a 200 ppm CO limit. Because 

this limit is higher than the section 112(j) limit proposed for the permit, the draft permit 

contains a “streamlined” limit of 100 ppm. Compliance with the 100 ppm CO limit will 

assure compliance with the requirements of both the SIP and section 112 of the CAA for 

this boiler. 

The draft permit also contains a requirement for an annual stack test, consistent with the 

requirements of EPA method 10, and a requirement to keep records of fuel usage, hours 

of operation, and malfunctions. EPA believes these requirements are consistent with the 

requirements of part 71. Since the boiler is restricted to natural gas, the fuel is unlikely to 

vary substantially, so it is reasonable to assume that an annual emissions test under 

normal operations will represent CO (and therefore organic HAP) emissions during the 

remainder of the year. The recordkeeping requirements are designed to monitor the 

boiler to determine if the boiler is operating under conditions similar to the operating 

conditions during testing of the boiler. 

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