### 070908a 12 

### i m portan• •hat Veol ia i s a good neighbor and that it 13 provides bi cycle helmets to children, but the bottom line 14 · is, is the plant s afe. 15 I am here as a neighbor, res ident and concerned 16 individual for my safety and the safety of all the people 17 in this room and i n the community
. unsubstantiated 18 jnnuendo of what is pumped into air must be dismissed as 19 fear mongering and nothing else. Professional opinion 20 with the consequence of lost l icensing by engineers and 21 o t her competent professionals should ca rry all · the burden 22 of proof for compliance. 23 The bottom line is the veolia plant chooses to not 24 on ly to me et the government 's man dated requirements but 25 to far exceed them. 0 69

1 

### MS. POPE: A t this**i~,** 

### I'll repeat this 2 again; if you want to gi ve pub l ic comments, you need to 3 do so at this time. we wil l not be going back to t he 4 public comment period. would you l i ke to make public S comment? 6 

### MS. ANDRIA: Yes
. 7 MS. POPE: Come up. State you .r first name, 8 last name, and spell your l ast name. 9 

### MS. ANDRIA: My name is Kathy Andria, 10 K-A-T-H-Y , A

- N-D-R

- I-A
. I'm here representing Ame rican 11 Bottom conservancy and the sierra club. 12 I ap preciate w h

at the previous speaker said; that, 1 3 yes, the re is a responsib ility on t he pa rt of people to 14 get to a public hearing, but they have to know about it Page 61

V ES004800070908a 

### 15 and EPA has**no~** 

### properly informed**~he ci~izenry**  

### --**~he** 1 6 

### peop l e who**don'~** 

### wo r k fo r Veolia, who don't work for one 17 

### of the cit i es, the taxing dis tricts that get money from 18 

### i t. The normal people have not been involved, have not 19 

### been info rmed. A s Genevieve said earlier, there was a 20 

### public notice put in two new s papers in the l egal section, 21 I 

### assune. I 

### don't**reme~er** 

### seeing**~hem,** 

### and that wa s, 22 

### essentially , all the no t i ce that was sen t, other tha n the 23 

### l etters that they sent t o people from some meetin g years 24 

### ago. 25 we identified

-- our two organiza tio ns**den~ ied**  0 70
1 

### this as an**environ~ental-justice** 

### issue. That is because 2 

### t h ere is an unb u rdened

-- undue burden on low income and 3.**minori~y** 

### people
. when**~here** 

### is an environmental- j ustice 4 

### issue id enti fied, it is incumbent upon 

### us EPA or Illino is 5 

### EPA to have enhanced outreach. That's where you go the 6**ex~ra** 

### step to let peopl e know that**~here's** 

### a p ublic 7 

### hearing and what it's about, what it's for, what t heir 8 

### abil ities are to comment , how they can learn**abou~** 

### it. I 9 

### do

-- I 

### asked them

-- I asked Geneviev e t o -- for a 

### 10 written re cord to be put in libraries so that people 11 

### cou l d go and look it over**~** 

### see the issues and read 12 

### abo u t**i~** 

### be cause not everyone in this area has access to 13 a 

### computer. They can't or they can go on l ine, and like 14 some 

### of t he people I 

### kn ow, includi
.ng myself, i t's hard to 15 

### open up all the P DF 

### files because you 

### don't ha ve enough 16 

### memory, and so it is 

### a cho re. 17 

### In res pons e to •Y 

### request, she did make

-- s he 18 

### denied the req uest for written. I also asked for 

### a l i st Page 62

VES 0048010 070908a 

### 19 of the documents so we could te l l what they were, but she 20 

### denied that also, but they sent out cos, and she asked me 

### 21 where 

### I wanted the cos to go, and 

### l sent her a list of 

### 22 libraries with addresses and the area libraries and 23 24 25 

### suggested villages , city clerks, but there was nothing that was sent out to tell peopl e, hey , if you go down, we're having this publ i c hearing. It's about a

1 

### haza rdous-was t e incinerator. If you want to know more 2 

### about it, go to 

### this place,- and this information is 71

3 

### available. EPA has t h e**~ney** 

### to do that. They have the 4 

### obligatio n to do t hat. They did not do that. 

### S From the time of the initial publ ic notice when 

### 1 6 

### as ked t h e question previously to
-- to**~ake** 

### a formal 7 

### comment, her answers to**~** 

### questions were off the record 8 

### and they were not transcribed, but she said that 9 

### nothing

-- thn as far as she knows, there was no 10 

### enhanced outreach , and that they hadn't sent press 11 

### releases. 12 

### Yesterday I 

### sent a ooedia adviso r y to several of the 13 

### local newspapers, and there was something in the papers 14 

### and on a website today. 

### us EPA then sent a media 15 

### advisory dated today saying the public hearing is 16 

### tomorrow. I 

### have no id ea if anyone was confused about 17 

### it
. I 

### was. I 

### had people calli ng me, saying, what's 18 

### going on; we don't unders t and this. 19 

### Again, enhanced outreach is really important and 20 

### environaental-justi c e i ssues , and it's important for the 21 public. I 

### 01ean, the Env i ronmental Protection Agency is Page 63

VES 004802

### n 

### o7o9osa: 22 supposed to be protecting the public, not the companies, 23 and the company - - I mean , I think

-- I want jobs here. 24 I come from a union family
. I respect that we need to 25 treat our hazardous waste. I respect that al l of the
7 2



### 1 cit i es around he re have income from all of this, but 2 there are laws that have to be

-- they have to be 3 followed, and there ' s a fairness issue. In this case, 4 t h ere was none. 5 

### I'm not
-- I 'm a volunteer. I do not get paid to do 6 this. I have been working in this area for many, many 7 years. I took a Title v trai ning fr om Genevieve , I don't $ 

### know how many years ago , to lea rn how better to be a 9 better citizen, how to read a perm it
.. I don't have an 10 engineering background, which Mr. Ha r ris will tell you 11 

### that I don' t know what I ' m ta lk ing about when I say that 12 they are out o f compliance. 13 

### well, I did not come up with that on my own. I r ead 14 the documents. I read where EPA alleges, EPA files

- - 15 issued a findin g of violation. Now, I don't think that 16 they do tha t just arbitrarily

-- 17 18 

### MS. POPE: Conclude. MS
. ANDRIA:

-- do that arbitrarily without 1 9 just because they want to
. I don't think they issue a 20 notice of violation without having the facts
. I believe 21 that the h i story wil l show from the fill ngs of the 22 23 24 

### 25 Attorney General's office and previous filings have not been in complian ce . If they w e re not in compliance, there would be in this document statement of

-- of

-- a schedule Page 64 to show the11, that they able to be a bring them

V ES 004 8030

1 2 3 4 5 6 7 8 9 10 1 1 

## u 13 14 1 5 16 17 18 19 20 21 22 23 24 25 0 070908a
73


### into compliance. Those are our issues
. If they ca n be in compliance , then

-- then we can ' t do anything about that, if they're in compliance. But they should never have located a hazardous waste incinerator in the mi dst of how many hundreds of thousands of people; but, anyway, those are my issues
. We will continue to watch this. Yes, you can have lots of peop l e stand up and say what a good guy they are , w h at a good company t hey are . H ow we ' ve looked at them, we have been hire d by**the ~**  

### to say t hat they are, that they're doing every t hing good and there's no problem, but w

h

y ar e the agencies, why i s the Attorney General's office , · why is us EPA finding t h at they're not in compliance
. so that

-- those are the substance of

-- of my comnen ts, and I wouldn't doubt that there are still · peop l e walk ing around trying to f ind this place, but t thi nk I thank you because I have been outspoken on this. t h ave been treated with respect.**~o** 

### one has done anything, said anything nasty, and I appreciate that beca use t've been at other hearings where that hasn't been th e case, and t have taken a tour of the facil it y at Doug's invitation and so I do know what it is, and I

-- I

-- you know, I**re ~lly**  

### wan t this to
- - I want all of t h ese issues and all of these**c~panies** 

### that are located

-- the concentration of chemicals that we have

Page 65 74

VES 0048040 1 2 3 4 5 6 7 8 

### 9 10 11 12 13 l4 1 5 16 17 18 

### 19 20 

### 21 22 23 24 25 070908a 

### here in sauget, in ca h okia, in Granite City and no matter wh ich way the wind blows, we 'r e breath ing in chemicals and toxins an d our chi l dren are suffering for that. T

hank you . MS. POPE: The next speaker will be Doug Har ris. MR. KARRIS: My nilJie is ooug Harris, H-A-R

- R-I

- S. I aM 

### the General Manager of the veolia facility in sauget, I l l inois, and I've been the General Manager since July of 1999,**~nen** 

### veo lia became the owner and operator of the facility. I'd first like to thank the us EPA, a long with their colleagues from the IEPA, for the hard work in drafting this Title v operat i ng permit and their efforts to give the people of the Metro East communi ty an opportunity to voice the i r views on our facility. I n addition, I' d like to thank the many speakers from our coadunity, our customers, members of the educ ation profess i on, as well as our local goverNIIent officials, who've appeared here today to express their views and the contribution of our faci lity. 1 was especiall y impressed with the**acco~plishments,** 

### credent i als and qualifications of those people , who speak in favor of our facility
. A wi tness ha s clai med today that**~e** 

### do not deserve a 75


### 1 penoit because of al l eged violations committed many years 2 ago before veolia began operating the facility. It is 3 profoundly unfair to disparage our reputation o n the 4 bas is of alleged violations
. Page 66

VES 0048050 5 6 7 8 9 

### 10 ll 12 1 3 1 4 1 5 16 17 18 1 9 20 21 22 23 24 25 

### 07090 8a Another wit n ess today suggested that the toxic release inven to ry or TRI**repo~s** 

### show excessive emission s of harmf ul chemica ls from our incinerator. These accusations a r e un tr ue. 

### As even a brief**exa~ination** 

### of the 2006 TRI r eports for the Metro

- East area wi ll show, our incine rator emi ss i ons are severa l orders o f magnitude below that of other indus trie s. In fact, veolia e mis sions are less t han one tenth o f one percent of al l the TRl**~issions** 

### from indus try in 

### Mad iso n county and St. clair county. Th at' s o ne tenth of one percent less t h an that. A commenter also questioned our lead and parti c u late emissions
. In fact, the emissions of t hese two 

### constituents are ex t r eme l y l ow. well below t h e EPA m ax s tan dards level. Anothe r cri ti ciz ed t he ri s k assessment pe rformed at our fa cility suggesting th at it was n ot based on actual e

missions
. In fac t , as explained by t he exp erts f ro11 Frankl in Engin eering, the ris k assessment was performed using worst-case assumptions f or the actual emissions f ro• our stac k s. 76

1 

### And, finall y , the 

### us EP A pub l ic noti ce ha s stated 2 

### the claim that t h e E PA consi ders us to be out of 3 

### compl i ance with the Clea n Air Act. we 

### stro ng ly di sagree 4 

### wi t h that claim and have asked f or a**~~ee~ in** **g** 

### and have a 5 

### 01eeting sc hed uled to discuss that wi t h th em, hoping to 6 

### convince them that their initial conclus ions are 7 

### incorrect. Page 67

VE S 00 4 8068 

### 070908a As 

### a**atter** 

### of f act, i n 2000 and 2006, we received a 9 no t ice very simi l ar to this. we sat a nd m et a t 

### an 10 informal meeting with the US EPA 

### and have never received 11 a 

### violatio n . w e are very confident that · once we s it and 12 meet w1 

### th them on the cur rent concern , they wi 11 

### find t he 13 same and n ot issue a violation. 14 o ur business isn't a g l amorous business or a n 15 

### exciting one, but we're proud of the fact tha t so**~ny** 

### 16 companies and organizations, which provide, essentially, 17 

### gu ides and service to our CC!IIl'.unity and our nation,**~~~any** 18 

### of which improve the quality and standard and duration of 19 all o ur lives. 20 we heard today f rom Ms. Is r inghausen from w ash ington 21 University School of Medicine , who spo k e about the 22 expertise and profe ssionalism veolia displays when 23 han d li n g waste generated during the cou r se of research 24 and development at one of our top universit ies i n our 2S 

### country
. It is ex citing when you're at leas t a part of 0 77


### 1 all the good th i ngs that they do at that university. 2 

### we heard from a M adison county offic i al , who sends 3 out ol d , out -of-d ate , u nuse d prescrip t ion med i cine, w hich 4 

### w e have handled fo r that community
. I'm 

### sure we've al l 5 

### heard t h e recent news reports of the harm that ca n be 6 done with t h ese prescription medici n es when they're 7 flu s hed down the toilets an d enter our waten.ays. 8 

### These are j ust two 

### examples of how 

### w e manage 9 

### h aza rdous industr i al waste safely, properly on the behalf 10 of our customers and our community. such wastes a r e an 11 inevitable byproduct of man ufacturi ng the**~dicines** 

### and Page 68

VES 004807070908a 

### 12 

### cheGicals and •any thousands of other products used by 13 Anericans daily
. veolia is proud to provide the means by 14 

### which our custoMers can assure their wastes are managed 15 

### in a re sponsible, safe manner. 16 we couldn 't do this without the hig h level of 17 

### dedication and professionalism of all our eMPloyees, who 18 

### work very hard every day t o make this a very safe and 19 

### compliant facility, and I'd like to recognize all of them 20 

### public al ly for their efforts and commitment to our 21 

### con t inued success. 22 My 

### family and I 

### have been life-lo ng residents of the 23 

### Metro-East area, as I 

### sus pect .any 

### people attend ing this 24 

### meeting tonight are. I , 

### therefore, very much appreciate 

### 25 the testimony from the gentleman from Franklin 0 78


### 1 

### Engineering about how 

### the recent risk 

### assessment has 2 

### demonstrated that our facility at Veolia iaposes no 3 

### threat to hUlllan health or the environment, as well 

### as the 4 

### c0111lents fro11 the experts of Schreiber, Yonley, who 

### were S 

### asked to peer review t h is docume nt for ac c ura cy. 6 

### MS. POPE: 

### Conclude. 7**R.** HARR IS: I 

### want to conclu de today by 8 

### repeati n g an invitation I've often mad e . our facility 9 

### has an open-door policy to the community. we would be 10 

### pleased to give you 

### a tour of ou r plant. You don't need 11 

### to make an appo in tMent. A l l you need t o do is 

### stop by 12**yt i~** **e. I'~**  

### there most everyday and Noul d enjoy the 13 

### opportunity to tour anybody through the fac i l i cy . Thank 14 

### you for your t i me t his evening
. Page 69

VES 0048080 

### 070908a 

### 15 MS. 

### POPE : Tha t concludes our public comment 16 period. Now, we have about five minutes for a 17 

### q uestion-and-answer session
. I f anybody has any 18 questi ons at thi s time, you**~Y** 

### ask your questions a t 19 t his t ime. K athy? 20 21 

### (Whereupon , a recess was taken.) 22 23 MS
. 

### P O

P

E: Any more questions? Questions at 2

4 

### al l ? w e l l , agai n, just as a reminde r , July 18th is the 25 deadlin e for w rit t en comments. Y ou can go online, send

1 b y ma i l, fax, whatever, bu t that is the deadline fo r 

### 2 · written comments. I've en j oyed this
. You've been a 3 

### wonderful audience, and w e w i sh you good 

### luck on this 4 

### iss u e. Genevieve
. • anything to say? 5 MS
. 

### DAMICO: No. Than k you very much for 6 

### participating today, a n d I l ook forwa r d to al l the 7 

### comments t hat will be submitted by July 1 8th. 8 MS. 

### POPE : Thank you for coming. 9 

### 10 11 

## u 13 14 15 

### 16 17 18 P age 70 79



### V E S0 048 09

### 070908a 1 9 

### 20 21 

### 22 23 24 

### 25 0 

### 80

l 

### R EPORT ER'S CERTIFICATION 2 3 

### I, sara e . Tipton, certifie d shorthand Reporter and 4 

### Notary Public, do · hereby certify that the foregoing is a 5 true and correct transc ri pt of the Public Hearing held in 6 

### my presence in the above-captioned cause, and as sa11e 7 appears from**~y** 

### stenographic notes m ade during the 8 progress of said proceedings. 9 

### 10 ll 

### sara E. Tipto n , csR 

## u 13 

### 14 

### 15 16 

### 17 18 19 

### 20 21 

### Page 7l

VE S 0048 1 022 23 24 25 

### 070908•

Page 72

VES 004811

## VES 004812

. pdf

### case: 1 :06-cv-o400<l"Document #: 54 Filed: 10/08108 Page 1 of 2 PageiD #:238



### UNITED STATES DISTRICf COUR T FO R T HE NORTHERN D lSTRI Cf OF ILLINOIS EASTERN DIVISION

Sl 

### ERRA CLUB and the 

### AMERICAN BOTTOM CONSERVANCY, Plaintiff s, 

### v. STEPHEN L. 

### JOHNSON. in 

### his official 

### capacity as Administrator, United States Environmental Prote<:tion Agency, 

### Defenda.nt. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 06-4000 Hon. Wayne R. Andersen



# __ __ __ ____ __ ________ __ __ ) S

TIPULATI ON OF DISMI SSAL W ITH PREJU DICE All other requ irem ents o f the Settlement Agreement between Plaint iffs Sierra C l ub and American Bottom Conservancy and Defendant Stephen L. Johnson, in his official capacity 

### as AdministratOr of the United States Environmental Protection Agency having been fulfilled. the Pan
. ies hereby stipulate that the above-<:aptioned maner now should be dismissed with orejudjce pursuant to Fed. R. Civ. P. 41(aXI)(A}(ii).

Dated: October 8. 2008 GARVEY MCNEIL & MCG I LLIVRAY , 

### SC s/Davld C
. Bender David 

### C. Bender 63 4 W. Maio Street, SteiOI Madison, 

### WI 53703 Tel. 608.256.1003 

### fa.<. 608.256.0933

VES 004812case : l : O&-cv-Q4000 Docume n t #: 54 Filed: 10108/08 Page 2 of 2 PageiD #:23 9



### Oate4: October 8, 2008 

### Co unsel for Plainriffs RONALD J
. 

### TENPAS A

ssistant Attorney General Environment & 

### Nanna ! Resource s D ivision


### s/Hegther E. Gange HEATHER E. GANGE U.S. Department of Justice 

### Enviro nmental Defense 

### Secti o n P.O. Box 

### 23986 Washington, DC 

### 20026-3986 Tel. 202 .514.4206 

### Fax. 202.514.8865 OPCOUNS EL: 

### DAVIDORLIN 

### U
. S. e nvironmenta l Protection Agency Office of General Counsel 1 200 P ennsylvan ia Ave ., N.W. Mail Code 2344A Washington, D
.C. 20460 

### Counse l for Defendant

2

VES 0048 1 3

# VES 004814

. pdf

# I· '

Ul'HTED STAT&S ENVIRONMENTAL PROTECIIE>N AGENCY REGIONS I N THE 

### MATTER O F: 

### Veoli'a Enviro)ll1lental Services #7 

### Mobile Aven ue Sauget, !Hinoi s 62201


### ATTENTION : Doug Harris General Manager 

### Request to 

### Provide Jnfo rmadon Pursuant 

### to the Clean 

### Air Ast The 

### Uni ted States Environmental Protection Agency (EPA) is 

### requiring Veolia E nvironmental Services (Veolia 

### or you) to s ubmit certain information about your facility 

### o.t #7 

### Mobile Avenue, Sa1.1get; filinois. A ppendi x B 

### specifies the intbrmat ion t hat you must submit. You must
- send this 

### information according to the schedule in Appendix 

### B. We are issuing this information request under section 114(a) 

### ofthe Clean Air Act (the Act), 42 

### U.S.C. § 7414(a). 

### Section 114(a) 

### authorizes the 

### Administrator of EPA to require 

### the submission ofinfOrmation. The Administrator has 

### delegated this authority to the Director ofthe Air and 

### Radiation Division, Region 5. 

### Veolia owns and operates lutzardous waste incinerators at your Sauget, Illinois facility. 

### We are requesting this 

### information tb 

### determine whe ther your emiss i o n source 

### is complying with 

### the 

### Hazardous Wast e Combustor MACT. You must send a ll required 

### information to: Attn: Compliance Tmcker, AE-17

### J Air Enforcement and 

### Compliance 

### Assurance Branch 

### U

. S. Environmental 

### Protection Agency Region 5 11 West 

### Jackson Boulevard Cl\icago, filinois 60604

VES 004814

### ' 

# .

With a copy of the cover letter to the fllinois Environmental Protection Agency : 

### Ray Pilapil; Manager Compliance and Systems Management Secfi on Bureau ofAir 

### lllinois Environmental Protection Agency I 021 North Grand Avenue Springfield, 

### lllinois 62702 Under 40 C.F.R. Part 2, Subpart B, )'OU 

### may assert a claim ofbosiness confidentiality for any portion of the submitted information. You must specify tbe 

### page, paragraph, and 

### sentence when identifying the information subject to your claim. Appeniiix A specifies the assertion and substantiation requirements for business confidentiality claims. Veolia must submit all requested information under an . 

### authorized signature with the 

### following certification: I certify 

### under pena lty of law th at I have examined and 

### am familiar with tho .information in the enclosed documents, includitlg all atmcluncnts. Based on my inquiry of those individuals with primary responsibility for obtaining the infonnation. I 

### certify that the statements and information are, to the best of my knowledge and 

### belief , true and 

### complete
. I am aware that 

### there are s i gnificant penalties for knowingly submitting false statements and 

### information, inc luding the possibility offines or imprisonment pursuant to section 113(c)(2) of**the~** 

### and 18 U.S.C.§§ 1001 and 1341. We may use any information submitted in 

### response to this request in an administrative, civil, or criminal action. This request is not. subject to the PapenvorkReduction' Act, 44 U.S.C. § 

### 3501**~~.,** 

### because it 

### seek
. s collection of infonnation from specific individuals or entities as part of an administrative action or investigation
. To aid in our electronic record keeping 

### efforts , please provide your response to this 

### request for information without stapl es. Paper clips, binder c lips, and 3 ·ring binders are acceptable. Failure to comply fully with thi s request for in formation may subject 

### Vcolia to 

### an 2

VES 0048 15

### enforcement action under section 11 3 of the Act, 42 U
. S
. C.§ 7413. You shoul d
. direct any questions about Ibis request fo r information to Sarah MarshAll\ at (312 ) 886-6797
.

Date



### 3**~lb<''"~ts-·•~1i1J .**  Ht41>EI'A(octa,olkrioob)olqP\qpouible....r

.. moktM-OICIM!y

. T

o**doW.,~ EPA.,~**  a**be:ly.liWww.~."pS.JO" 'l** **c:oca; IWx** **::fcc~~.).1ml**

VES 004816Appe nd iX A Confide n tia l Bu si:lles s lnformation (CBI) As sertio n a nd S u bsta n tiatio n Requirements A. Assertion Reqyjrqnents You may assert a business contidootiBiity claim covering all or part of the infonnation requested in rbe attached letter, as provided in 40 C.P.R
. §2.203(b}. To make a confidentiality claim, submit rbe requested infonnation mnd Indicate that you 

### are making 

### a claim of confidentiality. Any .docwnent over which you make a claim ofconfidentiality should be marked by attachillg a cover Sheet suonped or typed with a legend to indicate rbe intent to claim confidentiality
. The stamped or typed legend, or other suitable fonn ofnotice, should employ IIU)guage such as "trade secret" or ''proprietary" or ''company confidential" and indicate a dnt e if any when rbe information should no longer be treated 

### as confidential. Infonnation covered by such a claim will be disclosed by the United States Environmental Protect ion Agency (EPA) only to the extent pennitted and by means ofthe procedures 

### set forth by Section ll4{c) of the C lean Ai r Act (the Act), and 

### 40 C.P. R
. Part 2. Alleged ly confidential portions ofotherwise noncontidential documents s hould be clearly identified EPA 

### will construe the failure to furnish a confidentiality claim with your response to the attached Jetter as a waiver of ihat c laim, and the information may be made ava ilable to the public without further notice to you. Please segregate personnel, medical and similar files from your responses and include that information on separate sheet(s) marked as "Persona l Privacy Information" given that disclosure of

### such information to 

### the general public may constitute 

### an invasion of privacy. B
. Substantiation**Reauiremen~** All confidentiality claims are**subjet.~** to EPA verification and must be made in accordance with 40 C.F.R. §2.208 which provides in 

### part that you satisfactorily show lhat you hove taken r<laSOnable measures to protect the confi dential ity of the informat ion and that you intend to contin ue to do so; and 

### that the information is not and has not 

### been reasonably obta inable by legitimate means without your consent. Pw·suant to 40 C.F.R. Part2, Subpart B, BPA may 

### at any time send yo u 

### a letter as k i ng you to substantiate fully your CBl c laim. Ifyou receive such a Jetter, you must provide EPA with a response within the number of days set forth 

### in the EPA request letter
. Failure to submit your comments within that time would be regarded as a waiver of your confidentiality claim or claimS, and EPA may release the information. 

### If you receive such 

### a letter, EPA 

### will ask you to specifY which portions ofthe inform&tion you consider confidentiaL You must be 5ptd 0 c b y page, paragraph, and sent ence w b eo I d entifying th e Information s ubj ec . t to yo ur claim. Any information not specifically identified as subject to a confidentiality claim may be disclosed to the requestor Without further no t ice to you. For each item or class of information that you

VES 004817identify as being subject to CBI, you must answer the fo llowing questions, giving as much detail &S possible: I. For what period ofiime do you request that the information be maintained as confidenti-al, 

### e . g. , until 

### a certain date , 

### untJ1 t h

e oecurrence of 

### a specified event, o r p ermanentl y? 

### If the occurrence of a specific event 

### will e li minate the need fo( confidentiality, pl ease specify that event Z. Infonnation submilied to EPA becomes stal e over time. Why should the infonnation you claim 

### as confidential**b~** proUleted for the time period specified in your answer to question #I? 3. What measures have 

### you taken to protect the infonnation claimed as confidentia l ? Have 

### you disclosed the information to an**yon~** other than a governmental body or someone who i s 

### bound by an ag(Cement not to disclose the information 

### further? If



### so, why should the informat ion still be considered confidential? 4
. I s the information con t ained in any publicly available material such as the Internet, publicly available datab as es, promotional pub lications, a nnual report s, or articles1 

### .Is there any means by w h ich 

### a member ofthe public could obtain access to t he information? Is 

### the infomtation of 

### a kind that you would customarily no t release to the pu blic? 

### S. Has any gov e rnmental body made 

### a determination as to t he confidentiality ofthe infonnation? If

### so , please attach a copy ofthe detennin ation. 6. For each category of infonnntion claimed as confidential, exoloin wilh specificjtv why release of the information is likely to cause substantial harm to your competitive position. Explain the specific nature ofthose harmful effects, why they should be viewed as substantial, 

### and the causa l relationship 

### between**di~ oSUJe**  and such harmful effects. How cocld your competito111 make use of this 

### information to )'OUC detriment? 7
. Do you assert th
. at t h e infonnation is submitted on a voluntary or a mandutory basi s ? Please explain 

### the reason for your asserti on . If you assert t hat the information is voluntarily s u bmi tted information, explain whether and why disclosure of the intonnalion would tend to les s en .the availability to EPA of simil ar information in t he future
. 8
. Any other iss ue you deem relevant. Please note that emission data provided Wider**~on** 114 of the ACI, 42 U.S.C. 

### § 7 414, is not entitled to confidential treatment under 40 C.f.R. Part 2. "Emission**data~** means, with 2

VES 0 048 1 8

## I

. 

# .

reference to any source of emission of any substance into t he air. Information necessary to d etermine the idcnti ty,11illount, frequency , concentrat ion, or other characteristics (to the elltent re lated to air quality) of any emission whiCh 'bas been emitt ed b y the source (or of any pollulllnt resulting from any emission by the source), or any comb ination of the foregoi ng; Information necessary to d etermine the identity, amount, frequency, concen tration, or other characteristics ( to the extent related to air q uality) o f the emissions wlllch, under 

### an applicable standard or limitation, ibe 

### source was authorized to emit (including, to the e xtent oeccssary: fo.r such purposes, a description of'the ntlUU!er and rate of operotion of the sOurce); and A general description of the location and/or nature of ,the source to the extent necessary t o i dentify the soun:e 

### and to distinguish it 

### from other sources (including, to 

### the- extent necessary for such purposes, 

### a descriptio n of the device, installation, o r operation constituting
. the source). 40 C.F.R. §§ 2.301(a)(2)(i)(A) , (B) and (C). Em i ss i on 

### data inc ludes , but is not li m ited to, servi ce 

### reoo.rds stat ing the amount o f refrigerant added to a unit or rec laim ed from a unit. If you receive a request for a substantiation letter from t he EPA, yo u bear )he bunlen of substeot jaring vour oonfi:den!lali!y claim. Conclusory allegations will be given lillie or no weight in the determination. In substantiating your CBI claim(s), you must bracket all tell so claimed 

### and marie it "CBl. " Infonnalion so dcs;gnated will be dlsclqsed by EPA only to the extent allowed by, and by mesns ofthe procedures set forth in, 40 C .F
. R. Part 2, Subpan B. If you fail to claim the information as confidential , it may be made available to the public without further notice to you.



### 3
P""«tioe 

## Ill<-;._._, _..obtl(JI

. lklp EPA f1Clotpo!hlioob1
...... iogp>Ui!ole**hondo~** c-act i,.,. , Tocb to.. .__, tpA •s •DiloM**h1qrJ1w-.,.w.q~a.JO"'I.:~<~..Itlzl**

VES 0048 19Appendix B
Veotia must provi<fe continuous mercury emission data for Incinerators Nos. 2, 3, and 4 at its p lant located at #7 Mobile Avenue, Sauget , lllinois, i n accordance with the following instructions: I

. I nstall and operat.e a total mercury continuous emission monitoring**syst~"tnS** (CEMS) on lneinera!Ors 2, 3 , and 4 at its p lant locot ed at #7 Mobile Avenue, Sauget, fllinois. 

### 2. The CEMS tef=ced in Paragraph 

### I , above, must be installed and operated in accordance with applicable tegUiations (including but not limited to the General Provisions of40 C .F.R
. Part 63, Subpart A , 40 C.F.R. 

### § 63
. 8; 40 C.F. R. Part 60. Appendix Band 40 C.F.R. Part 60, Appendix F). 

### 3. The CEMS must be installed and commence operation on 

### each of the incinerators, 

### as refetenced in Paragraph I, above, within 30 days after Veolia's receipt of this Request for Information. 

### 4. The CBMS referenced .i n Paragraph I, above, must be installed, evaluated and certified in accordance w!th 

### the proposed Perfonnance S pecification 12 for to t al mercury oontinUOI!S monitoring systems within 30 days after commencing operation. Veolia mu st continuously o.perate the CBMS and collect mercury emission data starting from the date of installation as referenced in Paragraph 3, above. 

### S. Veolia must submit the electronic CEMS data collected in accordance with Paragraph 4 , above, 

### on a monthly basis. This submission must continue for one year, beginning immediate ly after the initial operation ofthe CBMS, as required by Paragraph 3, above. 6. Veolia must submit the electronic fcedrate data for lncineruors 2, 3, and 4 for mercury , low volatile metals (LVM), semi-vo latile metals (SVM), and chlorine commencing immediately after the initiaL operation of the CEMS, as required by Paragraph 3, above, on a monthly basis: 7
. V eolia must submit a summary of the mercury CEMs data for each month including tile date and time the mercury emissions wece above the standard of 130 uwdscm corrected to 7% oxygen. Veolia must also provide tbe feedrate for mercury, SVM, LV M, and chlorine at the time the mercury emissions were above 130 ugldscm corrected to 7% o>tygen. Veolia must submitlhis infonnation and other required information in accordance with 40 C.F.R. § 63. 1 0
. 8. Veolia must analyze all waste in accordance with Appendi:< C. Vcolia must submit all waste analysis data for mercury, LVM, SVM, and chlorine on a monthly basis in an Xcel

VES 004820compatible spreadSheet. A ll origilllil waste analysis data must be kept onsite 

### at the facility
. 9
. Veolia must s ubmit · the report and C BMS data ref e renced ·i n Paragraphs 

### 5 through 8, above, to · : Attn: Compli ance 

### Tracker, AE

- 17J Air Enforcement and Compliance Assurance Branch 

### U ;s . Env i ronmental Protection Age n c y Region.S 77 West Jaclcson Boul evard C

h icago , lllinois 60604
CEM S · Perfo r mance and Equipment E valuation: 10
. Veoliamust eval u ate the CEMS performance by conducting calibta tion and z e ro drift tests, relative accuracy tests, cal i bration error l.eSts, and interference response tests in a

ccordance w ith 40 C
. F.R. Part 60, Appendix Band proposed Perf orm a nce Specification 12
. II
. Veolia m ay us e the f ollowi ng reference methods 

### as part ofthe m onitor evaluation test ing : A. EPA Method 2, 2A, 2B, 2C, or 2D for velocity and volumetric fi o w 

### rates; B
. EPA M ethod 3 or 3A for gas anal:ysis; C

. B P A MCthod 4 for stac k gas moistute; and D. EPA Method 29 or the manual method for multi

- metals in 40 C.F.R. Part 266, Appendix 

### JX , S ection 3.1 for mercury from all incinerators.
Perf ormag ce S pecifications to he met: 12
. The 

### Mercury CEMS m u st meet the perfomtance specifications a t 40 C
. F
. R. Part 60 ,



### . A,-ppendix Band proposed Performance Specificati on 1 2 , Secti<5n 4
..
. . .

2

VES 004821**Ap~dixC** 

### S oe clal Waste AnalYsis Proce!lures Veolia shall implement the foll owing speci al wa ste analysis procedures for mercury, low vo la tile metal s (L 

### VM), semi-vola til e metal s (SVM), 

### and chlorine: (i) 

### Waste a cceptance 

### pr ocec!ure. Veolia shall conduct representative sampling of each shipment of waste for 

### mercury, L VM, SVM. and chlorine within 24 hours of receipt and shall analyze such samples using appropriate quality ass urance/qua lity control procedures located in the Region S 

### Quali ty Assurance Project Plan (QAPP) Guidance http://www.epa_.gov/ reg5rc:a/calqapp.btm l and 

### an approp ri ate test method that 

### are consistent with SW-846
. (ii) On

-site 

### waste woce<lure : Veolia shall sample and 

### analyze any waste that was 

### accepted prior to the ins tallation of the CEMS for mercury, 

### L VM, SVM, and chlorine prior to 

### incineration using appropriate quality assurance/quality control procedures located in the Region 5 

### Quality Assuran ce Project Plan ( QAPP) Guidan ce h

ttp:/!www.epa .g ov

/reg5rcra/calqapp .ht m

l and an 

### app ropri a te test m et

h

od that arc 

### consisten t with SW-846. (iii) 

### B a tch sampling**procedur~.** 

### If waste accepted for incineration is 

### hatched, t reated, blended, mixed, or otherwi se a ltered from its shipped state, Veoll
. a 

### shall sample and analyze such 

### batc h ed, treated , blended, mixed, or o therwise al tered waste for mercury, LVM , . SVM , and 

### chl orine prior to incineration using appropriate quality asswancdquality contro l procedurca located in the Region 5 

### Quality Assurance Project Plan (QAPP) Guidance http :/lwww . epa. gov /reg5rera/ealqapp
.html and an appropriate test method that are 

### consistent with SW

- 846
. (iv) Exemptions to the special waste 

### P !llSledures· The following wastes that Veolla detennines do not contain mercury , LVM, SVM, 

### and chlorine shall be 

### exempt from 

### the Special Wl!ll te 

### Procedures set 

### fonh above: (l) 

### Packag ed chemicals fro m la boratories, hospitals , h ousehold c l ean sweeps, or manufacturing facilities, including scint illation vials packed in accordance w ith Sl)lall Quantiiy Chemical Gu idelines ·(SQCG 's ). For packaged chemi ca l s, V co lia shal l obtai n a 

### pucJ<in · g list for each container from the 

### gen erator specifying typ e 

### and quantity of chemi cal s contai n ed within; (2) Empty containers as defined in 35 lAC 72 I .I 07(b } ; (3) P banna ceutical 

### and commercial produets or chemi cals that are offspecification or outdated and ere paclcaged in consumer quantities , are unused or banned, and are in 

### their original pack aging or ate 

### packaged as specified by Veolia;

VES 004822

### !
. i !

# I ! (4) Aeros.ol cans, lecture bottles or gas cylinders; (5) Contr o lled substances regulated by the Federel Government; and (6) E x plosive , poison inhalation hazard (PlH ), or odiferous material , such as me rc aptan, which present samp l ing, attd a nalytical safety haurds. Veolia shal l review any container labels, 

### mateti!ll safety data sheets, drum inventories, packing lists, and any other relevant data or information p rovided by the generator to detennine whether mercury , LVM, SVM , or chlorine is preSent in eny waste listed above that may be exem pt. Only those wastes listed above that Veolia determines in writing contain no men:ury , L VM, SVM, or chlorine based on s . uch revi-ew are exempt from the Special Waste Procedures set forth above. Veolia's written determination ofexemption from the Special Waste Procedures shall describe the information reviewed and the basis for the determination that no mercury, LVM, SVM, and chlorine are present. Any waste l isted above for whic!Hherc is insufficient information to allow Veolia to make a reasonable determination that mercury, LVM, SVM and chlorine is not present is not be exempt.

2

VES 004823CERTIFICATE OF MAILING
! ,**~etty** Willi Bills, certify tliatl sent o Request to Provide Information Pursuant to the C l ean A ir A ct by · Gertified Mail , Ret\lm Receipt Requested, to: Doug Harri s General Manager Onyx Environmental Savices tr7 Mobile Aveoutl" Sauget, 

### Dlinois 6220 I
I also certify thaj I sent a oopy of the Request tO Provide Informati on Pursuant to th e Clea n Air Act by First Class Mail. t o · : Ray Pilapil, 

### Manag er Compli ance and Systelil s Management Section 

### Burea u of Air Illi nois Enviroru nental Protection Agency 1 021 North Grand Avenue Springfield, Ill i nois 

### 62702

# .~~ Administrative 

### Program Assistant AECAS{LU!N)

Certified Mail Receipt Number: 

## ?o-c I 

## tJ3Lo OOtJ/p

## 0/(0/16~

VES 004824

# VES 004825

. pdf

### UNITED S TA TES E NVIRONMENTAL P ROTECTION AG ENCY R

EG ION 5 IN 

### THE MATT F.R O F: Veolia Environmen tal Services #7 Mobi le Avenue Sauget, Illinois 62201


### ATTENT ION : Doug 

### Harris General Manager Request to Provide Inf o rma tion Pursuant to the Clean Air 

### Aft The United States Environmental Protection Agency (EPA) is requiring Veolia Environmen tal Services (Veo lia or you) to submit cer tain infonnation about your 

### fac il)ty a t #7 Mobile Av en ue, Sauget, Illinoi s. Appendix B spec ifies the information that you must s u bmit. You must se nd this i n f

onnation according to the sche dule in Appendix B

. We are issuing th i s information request under section 1 14( a ) ofthe Clean Air Ac t (the Act), 42 U.S.C. 

### § 7414(a). Section 114(a) authorizes the Administ:rator off.l'A to require the submission ofinformation. The Administrator has delegated this amhority to the Director of the Air and Radia t ion Division, Region 

### 5
. Veolia owns and operates hazardo us wnste incin erators at your Sauget, Illinois facility
. 

### We are req uesting this intonnation to detem1ine whe ther y our emission source 

### is comp l ying with the Hazardous Waste Combustor MACT

. You must send all required information to : Attn: C ompliance Tracker, AE-17J 

### Air Entorcement and Compliance As.'>Urance 

### Branch U.S
. EnvLTOnmental ProteCtion Agency Region 

### 5 77 West Jackson Boulevard Chicago, Illinois 60604

VES 004825With copies t o the lll i nOi$ Environmenta l Protect ion A gency (!EPA): Ray Pilapil , Manager Compliance and Systems M anageme n t Sect i on Bureau o f A ir Illinoi s Envirorunental P r01ection Agency l 02 1 Nonh Grand Avenue S pringfield. Illinois 62702 Under 40 C.F.R. Part 2, Subpart B, you may assert a claim of business confidenti ality fo r any portion o f the**~b nlid**  information. You must specify the page, paragraph, and sentence when identifying the info rmation subject to your c laim. Appendix A specifies tbe assertion and substantiation requirements fo r busin cii$ confidentiality cl a ims. Veo lia must subm it a ll req ue sted infonnat ion under an autho rized s ignalln-e w it

h tl•e following certificat ion: 

### 1

ce11ify under pena lty of law that 

### l have examined and am familiar with 

### Lhe infonnation in the en clo sed documents, in cluding all anachments
. Based o n my inqu iry ofthose individuals with primary 1-esponsibili ty f or obta h

t ing the informati on, I certify that th e s tatements and information are , to the best of my knowledge 

### and belief , true 

### nnd compl ete. 

### I am 

### aware that there are s i gn ificant**~nalties** fo r knowingl y submitting fa l s e statements and information, including t h

e possibility of 

### fines or imprisonment 

### pursuant to section 113 (c)( 2) of the Act, and 18 U.S.C. §§ 1001 and 13 41. We may use any information submitted in response to th is request in an administrative,

c ivil, or crimin al action. Th i s request is no t subjec t to the Pape rwork Reduction Act, 44 U.S.C. 

### § 3501**~ ~-·**  because it seeks collection o f informa ti on fro m S P.cci tic in dividuals or ent iti es as part of an administrative action or investiga ti on. To ai d i n our e lectronic record keeping e fi b rts , p l ease provide your respnnse t o this request f or inform a t io n without Staples.**J'a~r** c lip s, binder c lips, and J -ring binders ere 3CCeptable
. Failure to comply fully with this request for information may subject Veolia to un 2

VES 004826

### enf orcement a ction u n der sect ion 113 of the 

### Act, 42 U.S.C
. § 

### 7 4 ! 3
. You should direct 

### any questions about thi s request for inl o n nati on to S h annon Downe y at 

### (3 1 2) 353-215 1 or 

### C h arles Hall a t (3 1 2) 353

- 344 3
.

Da te

# ~ Air and Radiation Di vision

3
l¥otccti n! Lho:**~;l wiron•l'l** **l. 'tl1** **t!l ..:** **>:!JO' s** **i. 'S(l** **tli !S** **ti .**  n c tp € PA figb \ JM>I l\n

i oo by n-pot1inc Jll)s:;ibh: hannff.llt..•tw i «WlllltC I'lltl!**acd~il y.**  T <1**~o** so. visit EPA · . s \ 1'tbt-i(c Ol h up 1 /www. o.:p1L**ov 'llp** **li mc** **lcumpJain tsli** **~:o'< ,l:** **J**

VES 004827App•ndix A Confidential Business lu fonnat ion (CBI ) Assertion and S ub s tantiation Requ irem e nts A. Asse rtion Requirements You may 

### assert a business confidentiality claim covering all or pan o f t he information r ..:quested io 

### the attached lener, as pr ovi ded in 40 C
.F
. R
. §2
. 203(b). To make a confidentiality chum , submit the reqt!eSied information and in dicate that you are making a claim of confidentiality. Any docwnent over which you make 

### a claim ofconfidentiality should bll marlted by attaching a cover sheet stamped or typed with a legend to indicate the inrent to claim confidentiality. The stamped or typed legend, or other suitable form of notice, should em ploy l anguage such as "trade**secret~** or**~proprietary"** or "co mpany confidential" and indicate 11 date if any when the infonnation should no longer 

### be treated 

### as confidential. Information covered by such 

### a claim 

### will be disclosed by the United States Environmental Protection Agency (EPA) o nly to the exten t pennitted and by means of the procedures set forth by Sect ion t 14(c) of the C l

e11 n Air Act (t h

e Act), and 40 C
.F.R. Part 2. Allegedly confi dentia l portio ns ofotherwise noncontidential documents s hould be clear l y ide n tified
. EPA will c onstrue the failure to 

### fum ish 

### a conliden tiality claim with your response t o the attached letter as a waiver of that c l aim, and the iu formatiou may be made available to the pub lic withou t further notice to you. Please segregate personnel, medico! and similar files from your responses and include that information on separate sheet(s) marked as ·'Personal Privacy Information" given thot disclosure of such infonnarion to the general public may constitute an invasion ofprivacy. 

### B
. Substantiation Reouirements AU confidentiality c laims a re subject to EPA verification and must be made in**a~-eordance** with 40 C
.f'.R. §2.208 which provides in part that you satisfactorily show that you htiVC taken reasonable measures tO proteCt thE: COnfidentiality of ihe information and thD. t you intend to continue to do so: and tha t the ioibnnation i s no t and has not been reasonably obtainable by l e gitimate means wi t hout your conse nt
. Pursulll\t to 40 C.F.R
. Part 2, S u bpnrt B. EPA m ay 

### at any t ime se nd you 

### a telle r as king you to subs t antiate fu lly your CBI claim. lf yo u re<:eive s uch a lener, you mu s t provide EPA with a response within the number of dnys set forth in the EPA reques t l etter. Failure to subm i t your comments withi n that ti me would be regarded 

### as a v.oaiver of your confidemiality c l ai m or claims, and EPA may release the information. If you receive such a letter , EPA 

### will osk you to specify which portions of the infonnalion y ou consider confidential. You must be specific by page, paragraph, and sentence when ldcnrifyin g the info rmati on s ub ject t o your claim. Any information not specifically identified 

### e.s subject to a confidentiality claim may 

### be disclosed t o the requestor without further notice to you. For each item or class of informat ion that you

VES 004828identitY as being s ubject to CBI. you mu.'t n n

s w er the fo llowing questi on . s , giv i ng as much detai l 

### as possib le : I. For w hat period 

### of time 

### do you req uest that th e in formation be m ain tained 

### as confid en tial , 

### e.g. , unti l 

### a certai n date, until the occurrenc e of 

### a specified eve n t, or permanentl y? l fth e occ u rrence o f 

### a specific even t 

# will e liminate th e n eed fo r confidentia lity, p lease spec ify that event. 2. Information submitted t o EPA beco mes stale over t ime. Why should the information you claim 

### as confidential be protected for the time period specilled in your answer to question Ill? 3. What measures have you taken to protect the information claimed as confidential? Have you disclosed rhe information to anyone other than a governmental body or someone who is bound by un agr.:cment not to disclose the information further? If so, why should the infonnat ion still be consid ered contident ial? 4
. Is t he in fonn ation con ta ined in a ny pu bl ic ly available 1 naterial su ch as t h

e Internet, pu blicl y avai lable databases, p romot ional publ icat ions , ann ua l reports , or articl es? I s there any mean s by wh i ch a m ember of the pub lic could ob t ain acce .ss to t h

e inf ormatio n?
. Is tJ1e info rm a t ion of a kind that you wo u l d c us t omarily not release to the publi c? 

### 5

. Has any governmental body made a determ i nation as to the confidentiality of the infom1ation ? If so. p l ease attach a copy of the determinat ion. 6. For each c ategory of information claimed as confidential, exnlllin with specificity why release ofthe**infom~ation** is likely to cause substantial harm to your competitive posi t ion. F.xplain the specific nature ofthose harmful effects, why they should be viewed as s ubstantial , and the causal relationship between disclosure and such harmful effects. How could your compet itors make use of this inf ormation to your detriment? 7
. 

### Do you assert that the information is su bm itted on a vo luntary o 1 · a mandatory basis?**ea.~e** explain !he r easo n tor yo u r assertion. I f you assen t hat the infotmation i s v oluntarily su bmitted infonnation, explain wh ethe r and why d i

sclosure of the inl bnnation wonl d tend t o les sen the avai l abili t y to EPA of si m ilar int bnnation in the fu tu re. 8. Any o t he r issue you deem relevant. Please rulte that emission data provided under Section 114 of the Act. 42 U.S.C. § 7414, is not entitled to confidential tsealrnent under 40 C.F.R. Part 2. "Emission doro'' means, with rcfen:nce lo any source o f emission of nny substance in1o the air

2

VES 004829Informat ion n ecessary to dete t mine the i denti ty , amount, frequency , concentra t ion, o r other cha r acte ri s ti cs (to t h

e extent related to air q uali ty) of any emission whic h has been emitted by the source (o r of any pollutant re su l ting frnm any emiss i o n by t he source), or any comb ination of the foregoing; Information necessary to detennine t he identi t y, amount, frequency , concentration, or ot her characteristics (to the exte nt related to air quality) of the emissions which, under an applicable standard or limilation, the source was authorized to emit (including, to the extent neeessary for such purposes, a description of the manocr and rate of o peration of the source ); and A general descri ption of the location and/or nature ofthe source to the extent necessary to ident ify the source 

### and to distinguish it from ot her sources {including, to the extem necessary for such purposes. 

### a description of the device , installation, or operation constitut ing the source)
. 

### 40 C.F.R. §§ 2.30 1 (aX2)(i)(A), 

### (B) and (C). Emission data includes, but is not limi ted to , serv ic e r ecords stating the a m ount of re frigera nt n

dded to 

### a unit or reclaimed from 

### a un it. If you receive a request for a s ubstantiation le tter t iom the EPA. vou 

### bear the byrde<\.Qf J>Ubstantiating your confideotialitv clajm. Co nclusory allegations 

### will be given little or no weight in the determination. In substantiating your 

### CBI claim( s ), you must bracket 

### all text so claimed und mark it "CBI.u Information so designated will be disclosed by EPA only to the ex tent allowed by, and by meaP.s of the procedures set forth in, 40 C
.F.R
. Part 2, Subpart B
. If you tail to claim the information as confidential, it may be made available to the public without further notice to you .

3
l'f101«1 t'Jltlhe**~** "f'U)'ODC ' s**~~ICY ·**  lktp E'A**riJl'tpallauo:~~b)· ~'**  paS$ibk**Ntmfulftl.~lii1Qi<¥it)> .**  ro do SQ..\ isil EPA's**~t ~itt**  c**i!.U:p:ll\\""'""·\~!.~'k~~ICdo.'OtJlll:!in.GII'IIoikc ~~lint** 

VES 004830Veolia Environmental Services must sub mi t t he following information request ed for it s Sauge t, Illinoi s f acility, pursuant to Section 11 4 of the Clean Air Act (CAA 

### or the A CT) , 42 U.S
. C
. Section 7414, within twenty (20) ca l e n d11r day s from receipt of this letter: I
. Provide 

### t he !-m inute average merc ury f cedrate s (pounds/minute) for Incinerators 2, 3, and 4 i n 

### an Excel compatible format fro m . July I , 2004, to present. 2
. Provide the ealcul ated 12-hour rolling average mercury feedrates (pounds/minute) for Incinerators 2, 3, and 4 in an Excel compatible f ormat from July I, 2004, to present. Provide a**det~led** description ofhow the 12-hour rolling averages were calculated including all assumptioll5. 3. l' r ovide a ll signed laboratory analytical repons where mercury, metals, moisture content and/or percent so lids was determined for the co ntainer solids and bul k solids that were iucinerated during the August and September 2008 stack tests on Incinera tors 2, 3 and 4 for l ow vo l atile metals, semi volatile metal s, and me r cury, i ncluding but not limi ted to a ll**Ma.~xam** Analytics, Inc. and PSC Republic Environ m en tal Systems, LLC data. Inc lu de**th~** analytical methods used a nd all int bnnation about a ny su bcon tra ctors used to analyze the samples. 4. Provide a ll chemi st bench note s and calcula tio ns for the laboratory analysis pe rformed in question 3
. 

### 5
. Provide all Chain ofCustody repons for the samp les analyzed in question 3 above. 6
. Provide all appropriate quality control**~pons** for the analysis performed in question 3. 7. Provide a copy ofeach labora tory 's Standard Operation Procedure {SOP) for all the analy,es perfo rmed in question 3
. 8. Provide a signed certified narrative clearly describing a) calculations us ed to detennine "wet weight" (a.k .a.**"as ~eceived")**  resu l ts, b) directives given to cons u l

tantS and/o r laboratories to ana ly ze or re-ana lyze samples , c) samp l e ha ndli n g f rom sam p le collec ti on Utro ugh a n a lysis, d) any a nd all quality control/ quality assu rance i ssues related to collection, handling and analys i s of sM1 ples , and e) sample preparati on proce du res J br l i llering liquid samp l es bet b re digestion tor m e r cury and met-als analysis
. Include a ll che mist bench notes and a ll quality co n trol reports
.

VES 004831

### CERIIF!CAT!! OF MAI LING
I. Betty W ill iams, cert ify t h

at I se n t a Reque st t o Provide ln fonnation P umum t to the Clean A ir Ac t by 

### Certified Mai l , Ret urn Receipt R equested, to: Doug Harris General Manager Onyx 

### Enviroronenta l Services !17 

### Mobile A 

### venue Sauget, lllinois 6220 I


### I also certify tha t l 

### seni a copy of the Reques t to Provide lnfonnation Pursuant to the Clean Air Act by 

### First Class Mail to : Ray 

### Pilapil, Manager 

### Compliance and Systems M anagement Section Bureau of Air Illi nois 

### Envirorunental Protection 

### Agency !02 1 North Orand Avenue Springfield , Ill inois 62702



## ik
- on 

### the 

## ,Jf day

# of~ 2009.

# ~.fi:M&w-a / Bett)IW'lillms Administra tive Pro g ram A ssi s tant AECAS(ILIIN Sect ion)

Certified Mail ReceiptNwnber. 

## 1(; 0 I 

## 0 3 2 0 

### 0 (JOt. 0 

### I f{ & 

## oj2E'

VES 004832

# VES 004833

. pdf' 

## ' ; 

### ·' 

### THOMPSON COBURN LLP

July 6, 2009



### VIA FEDERAL EXPRESS A.un : Compliance Tracker , A£-171 AJr. Enforoement and Compliance Assurance BnuJch 

### U.S. Environmental ProteCtion Agency Region 

### 5 77 West Jackson Boulevard Chicago, ll!inois 6 060 4 Ray Pilapil, Manager Compliance and Systems Management Section Bureau of Air Illinois Environmental Prote':tion Agency 1021 Nonh Grand Avenue**Springficld,lllino~** 62702 One US Bank Pl.ua St. Louis, Mi.saour163101**314·552~** fAX 814-55'1.·7000 www.thompsoncob\tm.com

(O<!eph M. Kdlmeyu 3 1 4-552·6166 FAX 314·55:1.-7166 EMAIL**j~meyez@** lhompsoncoOutn.com

Re: Veoli8 

### E$ Technical Solutions, L.L
. C.'s RtSpOnse tO Appendix B of USE.PA 's Request to Provide Information Pursuant tO the Clean Air Att Dated May 29, 2009 

### Dear RegulatOr. This firm represents Veolia ES Technical Solutions, L
. L
. C
. (''Veo lia "). On June 3, 2009, Veo!ia received, via certified mail, the United States Environmental Pro tection Agency's (USEPA's) Request tO Provide Information Pursuant tO the Clean Air Act dated May 29 , 2009 ( I nformation Requests ). The provi s ions of the Information Reque sts require Veolia tO respond within 20 ca l endar days after the receipt of the information Requests
. O n June 8, 2009, Veolia General Manager Doug Harris contacted Shannon Downey of USEPA 'Region 5 via telephone to request an extension of 30 calendar days tO compile the necessary information and 

### draft a response to the information Requests
. Subsequent tO this initial telephone conversation, Ms. 

### Downey telephoned Mr. Harri s and notified him that USE.PA had granted Veolia 14 additional days tO respond tO the information Requests
. Thus, pursuant tO this 14-<lay extension tO the 20 calendar days initi>llly provided in the information Requests, Veolia**~** 

### required tO submit itS response by July 7, 2009. I ncluded with this l etter pl ease find Veolla's written response with supporting atuchments. Please note that, pursuant to 

### the express direction of the Information Requests, Veolia has Chicago St. Louis Southern Dlinois Washington, D.C.

VES 004833p r ovided the Illinois Environmental Protection Agency {!EPA) with a copy of this letter and V

eolia's written response with attachments. Although Veolia has attempted to fu l ly and completely answer the Information Requests in good faith and consi s tent with any statutory obl.ig;ltions, its resp onse is 

### subject 10 the following general objections: 1. Veolia objects to the Information Requests 10 the extent that any instruction or request is overly broad, vague or ambiguous, or otherwise not in accordance with applicable law. 2. Veolia ob j ects to the lnfonnat!on Requests to the exttnt any instrUCtion or sequest is 

### different in whole or in part hom inform ation Veolla's competitors are required to provide to the Agency. T o the 

### extent such differences exist , Veolia is placed 

### at a 

### disadvantage that violateS its 

### equal prorection and due p rocess rights. 3. Veolia objects to the Information Requests to the extent any instruction or reques t arbitrarily and capriciously requests information which is irrelevant or already collected albeit in a different fashion or using a different method. 4. Veolia objects to the Information Requests and r eserves its right to withhold inJonnatlon to the extent any request seeks information or materi als proteCted by the attorney · client privilege, the work product doctrine or any other applicable privileges. While Veolia su bmi ts its responses subject to the foregoing general objections and qualifications, Veolia, nevertheless, has attempted to respond in good faith to the Information Requests and bas expended signJilcant time and resources in doing so. Veolia trusts USEPA will find Veolia's 

### answers thorough an d responsive
. 

### However , if the USE.PA 

### believes that Veolia bas misunderstood any question or has provided any incomplete or inaccurate responses, please contact the undersigned so that I might assist my client in resoMng the Agency's concern. Veolia reserves the rigbt to provide additional i
. olonnation in the future and/or to amend or supplement its responses. If you have any questions or concerns reprding the responses, please contact the undersigned. Very trul y yours, Thompson Coburn 

### LLP

# ~}**A.--r/ 1** 

cc: Greig Siedor, Esq. Ryan R. 

### Kemper , Esq
. Eoclosures


### ·2·



### VES004834

### Veolia ES Technical Solutions , L

. L.C .' s Response to Append ix B of USEPA's Reque s t to Provide Information Pursuant To the Clean Air A ct Dated 

### May 29, 2009 The follow i ng is the response of Veolia ES Tec hnical Solut i ons , L

. L.C

. ("Veolla ") , to the best 'of its know l edge, to th e above referenced lnfonnation Request s . These responses are subject to the objections referenced in the letter of Joseph M

. Kallmeyer of Thompson Coburn LLP dated Juty 6, 2009, which is i ncluded herewith

. In additio n, V eoli a herein incorporates by reference Veol ia ' s Ma rch 4 , 2009 , ' Responses t o the United States Environmental Protection A gency's Request to Provide lnfonnation Pursuant to the Clean Air Act Dated January 29 , 2009' to the extent those responses provide infonnation-s pecifi cally i nfoonat ion concerning Veo li a ' s comp li ance with the Hazardous Waste Combustor MACTthat i s appficable and re le vant t o the USE PA' s requests below

. Agency Request: 

### 1
. Provide the 1-minute average mercury feed rates (poun d s/minute) fo r Incinerators 2, 3, and 4 in an Exce l compatible fonnat from July 1 , 2004 , to present. Voolla ' s Respo nse : Attachment 1 Incl udes one ( 1 ) CD conta i ning fifty
- nine (59) Exce l files. Each file conta in s 

### 1 month of data fo r Units 2 , 

### 3 and 

### 4 of 

### onemi n ute mercury feed rates in p ounds/minute. Agency Request: 

### 2
. Provide the ca l culated 12-hou r rolling average 

### mercury feed rates ( pounds/minute) for Incinerators 2, 3, and 4 in an Exce l compatible fonnat from July 1, 2004 , to present. Prov i de a detailed descript i on of how th e 12-hour rolling averages w ere ca l cul ated in cluding all assumptions

. Veolla ' s Respo nse : Attachment 1 i ncludes one (1) CD (the same disc provi ded in response t o Request 1) co ntai ning flftyo(llne (59) Excel flies

. Each flle co n ta ins 

### 1 month of da ta for Units 2 , 

### 3 an d 

### 4 of 12-h our rollin g**av~e** mercury feed rate s I n pounds/minute. The 12-hour r olling average mercury feed rate va l ues presented on the CO In pounds /m i nute , were calcul ated by summing 720 one I of7

VES 0048 35i ; ..J minute mercury feed va lues and div i d i ng by 720

. This calculation was performed for each sequential minute of operation beg i nning In July of 2004 to present. An updatlld rolling average value for eac h m i nute is detllrmlned by using 

### the calculation defined above. Agency Request: 

### 3
. Provide a ll sig ned laboratory analytical re ports where mercu ry, metals , moisture content and/or percen t solids 

### was determined for 

### the containe r sol id s and bulk solids that were incinera ted du ring the August and Se p tember 2008 stack tests on In cin erators 2 , 3, and 4 for low volat ile metals , semi-volatile metals

. and me r cury , includin g , but not limited to all Maxxam An a lytlcs. Inc. and PSC Republic Environmental Systems , LLC data

. Includ e 

### the analytical methods used and all info rmation about any subcontractors used to analyze 

### the samples. Veolla ' s Response: Attachment 2 contains all s i gned laboratory ana l ytical reports from Maxxam Analytlcs, Inc

. ( " Maxxam " ) and PSC Republic Environmental Systems ("PSC") where mercury , metals, mQisture contant and/or percent solids were detllrmlned for the container soli

### chi and bulk solids from the August and September 

### 2008 stack tasta on Incinerators 

### 2 , 3 and 

### 4
. A

.. o Incl uded in this Attachment Is the listing of the methods used

. These arv Identified on the Analytica l Reports from Maxxam and PSC

. The only subcontractor that was used for Sample analysis waa PSC. They were contracted by Maxxam

. Agency Request : 4. Provide all chemist bench notes and calculations for the l abo rato ry analys i s performed In questio n 

### 3
. Veol i a ' s Response : Attachment 

### 3 contains a ll chemist bench notes and calculations for ana l ysis performed by PSC

. However, 

### as of the date of th i s submittal, Veolla has not received 

### the bench notes and ca l culations from Maxx.am

. Veolia has been working w i th ENSR 1 since receiving the Information Req u ests 

### to obtai n these documents from Maxxam. ENSR has been In co ntact with Maxxam and has rece ive d other
1 ENSR Corpo..ation is now a part of AECO M , Inc

. 2of7

VES 004836documentation for this submittal In a timely manner. It is Veolls 's understanding from ENSR that the delay 

### at Maxxam is due 

### to the relevant documents being stored at an off-site storage facility and due to the laboratory manager at Maxxam being out of the office for a portion of the time period that Veolla was given to respond to theae lnfonnation Requests

. When Veolia race i ves these documents from Maxxam v i a ENSR, they will be promptly forwarded to USEPA. Should USEPA have any questions concern ing the bench notes prior to Veolia's supplementing Its reaponse 

### to these lnfonnatl on Requests with the M axxam materials , please contact 

### J oe Kallmeyer at**1~52~166 .**  Agency Request 

### 5
. Provide a l Chai n o f Custody reports for th e samples ana l yzed In questi on 

### 3 above

. Voolla's Response: Attachment 

### 4 contains all Chain of Custody reports from PSC and Maxxam

. Agency Request: 

### 6
. P r ovide all appropriate quality control reports for the analys i s performed i n question 3
. Veolia ' s Response : Attachment 5 co nta ins a ll ap propriate quality contro l reports for the ana l ysis completed for mercury , metals, moisture content, and/or percent solids by PSC and Maxxam

. Agency Request 7
. Provide a copy o f each laboratory' s Standard Operation Prooedure (SOP) for all the analyses pe rf ormed in question 

### 3.

3 of7

VES 004837Veolia ' s Response : Attachment 6 conta i ns all of PSC and Maxxam ' s Standard Operatio n Procedures for the mercury , meta l s, moisture content, and/or percen t solids analysis that was performed by each

. Agency Request: 8. Provid e a signed oertified narrative clea rly describing a) calculations used to dete rmine "wet weight " (a. k

. a . 

### 'as r eoeived") resu lts, b) directives given to consultants a nd/or laboratories t o an a lyze or re-analyze samples, c) sample h a ndling from sample collection through analysis , d) a ny a nd all quality controVquality assurance issues related to collection , handling and analysis of samples , and e ) sample preparation prooedures for fil1ering liq uid samples before digest ion for mercury an d metals analysis

. In clude all chemist bench notes and all q ua lity control reports. Veolla ' s Response: During the months of February and March of 

### 2008, Veolia was Involved I n complex negotiations ragardlng the timetable for condu cting CPT' a for Ita three Incinerators in Sauget, Illin ois

. In an April 

### 26 , 2008 telephone confere nce call , Veolla was informed by USEPA that, in order to address the need 

### to demonstrate MACT metals co mpl ia nce , Veolla had to choose e i ther t o complete the MACT metals testing as directed by the USEPA , pursuant 

### to the Agency 's very tight time fram e, or a l ternatively 

### to choose o ne of four option s address i ng MACT metals f or In clusion in 

### t he Title V Perm i t. The four options -re : 1) cease incine rati ng any waste s co ntai ning any MACT metals ; 2) i nstall Continuous Emiss io n Mo n ito ri ng Systems (CEMS) f or meta l s ; 3) a cce p t OPLs developed by USEPA (USE PA Lan d 

### to assist USEPA Ai r ) ; or 4) settle previously discussed compliance concerns with issue resolution Incorporated into the Title V Permit

. During the April 

### 25 , 2008 te l ephone co nference call, Veolla stated that th ese four options were eithe r undesirable , a s In the case of option 1 ; unfeasible, as In the case of option 

### 2; or of**g~eat** co n cern du e to the unkn o wn nature of the resu lts as i n the case of options 

### 3 and 

### 4
. Although kn o wing that co ndu cting performance testing wltliln th is expedited time period would be challenging and result i n increased 

### costs, Veolla c h ose t o conduc t the metals performance testing I nstead of o ne of these fou r options

. Veolla ' s sample collection practic e- for at l east the l ast decade-when co ndu cting emiss io n testing has been to use Veolia personnel to co l lect an d send samples f or offslte laboratory analysis

. Du ri ng the neg o t i ating

4of7

VES 004838sessions of February an d March 2008 , whether real or perceived , Ve o lia se n sed a · l ack of confidence from the U SEPA L and Group In Veo ll a 's ability to handle this activi ty. In an effort to alleviate this concern , Veol i a contrac..,-d ENSR to handle the sample gathering and analysis

. Veol!a a l so instructed ENSR to comply with the USEPA Land Group ' s request to take split samf)les of the feeda

. This was done under the observation of USEPA Land per5o

. nnel and according to the i r sample splitting protocol. Since the effort was put forth during te sti ng to split and collect samples for the USEPA Region 5 Land Group, It may be of value for 

### the Agency to rev i ew the Agency's own moisture a nd metal concentration data , co mpare those results to the resu l ts obta i ned by Maxxam and PSC, and share auch re sults with Vaolia i n order to facilitate cloaura of this issue. During a ll of Veo li a ' s em i ss io n testing for at least a decade pri or to the August and September 2008 CPT's , all samples 

### were co lle cted, packaged and sent out to the l ab by Veolla personne l to be analyzed on a "wet we i ght" (a.k.a. "as-received " ) basis

. After receiving the results from the laboratory, Veolla then used those results to determine feedrates

. As mentioned above , during the expedited August and September 2008 metals testing, ENSR collected and

.. nt samples to Maxxam and PSC for analysis. Howeve r, It is Veolla's understanding th at no c l ear directive was given to the l abo r atories 

### bY ENSR to analyze and report thla Information on e i ther a "wet weighf' (a

. k.a

. " as - received " ) basis or a " dry welghf ' beals. As a result, the laboratory dried, analyzed, and reported the metals concentration to ENSR on a dried basi8

. ENSR then forwarded those res ults to
.Veolla personnel who u sed those concentrationa to determ i ne metals feedrates as had been done In the past Due to the aggress iv e testing schedule p l aced on Veolla by US EPA Reg i o n 

### 5 during the Fe bruary and March 2008 negotiations , Veolia 

### was unable to perform its customary i nternal QA/QC audit prio r to the CPT reports be i ng subm itted to the Agen cy on Oct ober 10 , 2008. However, shortly after Veo ll a ' a Oc to be r 10, 2008 subm i ttal to the Agency , Veolla ' s I nternal QA/QC process determined that the meta l s concentrations were not reported on a "wet weight" (a

. k

. a . "as-receive d ") basis

. Upon learning this, Veolia imm e diately contacted ENSR and direc ted them to obtain revised i nformation from the l aboratories. Veolia then performed new feedrate calculations using the rev i sed Information and recorded the results in its Document of Compliance. Further, Veolia promptly notified USEPA R!!gion 

### 5 personnel of the new ca l culations an d the reasons for the new calculations. 8a ) ' 'Wet weight" ( a . k

. a . " as-rece ived ") metals concentrations o f the solid waste samples were calculated using the reported " dry" concentrations o f the metals and the moistu r e determ i nations of the samples. Units 2 and 

### 3


### 5 of7

VES 004839

# ... . .

I· 

### ' moisture values were determined by Maxxam upon request by Veolia through ENSR. Unit 4 moisture values were from the PSC analyses of the samples. The " as-received" concentrations 

### were calculated by the following formula : · ("wet weight " (a.k.a. "as-received") metal concentration)= (reported "dry" metal concen tration) x ((100- % H20) /100). Bb) Veolla secured the services of ENSR to collect the waste samples during the testing program and to have the samples analyzed for mercury, LVM , SVM , chlorides , heating value, and ash content After the test reports were submitted , It was determined that the m etals concentrations of the solid waste samples were not reported on a "wet weight" (a

. k.a

. 

### " asrece i ved " ) basis

. Veolla then requested that ENS R have moisture determ i nations performed on remaining solid waste samples

. There were only solid waste samples remaining from the Unit 2 and Unit 3 test programs. Maxxam replicated their drying procedure on these samples , as was done prior to the orig i na l metals analyses, and reported these results to ENSR. Be) Altho

.ugh Veolia has historically collected, containerized, and shipped samp les fo third party laboratories for analysis from MACT test programs , Veolia secured the services of ENSR to perform this activity f o r this test program . ENSR managed and conducted all**ac~ities** related to composite sample collection , labeling and documentation of the samp l e containere, and packing and shipping the samples after completion of the three teat rune on eac h incinerat or. The samples were shipped via FedEx to Maxxam for analysis. Maxxam shipped portions of the samples to PSC for heating value and ash content analyses

. 8d) To 

### the best of Veolia ' s knowledge , there were no quality contro l/ quality assurance issues related to ENSR ' s collection and handling of the samples. This activity was performed at the site by ENSR and no iaaues were identified in the i r test reports. Quality control/quality assurance issues related to the analysis of the samples are ide ntified in 

### the attached third-party laboratory rep ort documents. Be) According to information received from ENSR, liquid samples are not filtered before digestion for mercury and metals analysis

. Therefore , there would be

. JIO chemist bench notes or quality control reports
.



### 6 of7

VES 004840

### REQUEST FOR INFORMATION CERTIFICATION STATEMENT I certify under penalty of law lhat I have examined and am familiar with the i n formation i n the enclosed documents, including all attachments. Based on my inqu i ry of those individuals wit h primary respo nsibility for obtaining the in formation, I certify that the statements and information are , to the best of my knowledge and belief, true and complete. I a m aware that there are significant penalt ie s for knowingly submitting false statements and i nformati o n, i nclud ing the possibility of fines or imprisonme nt pursuant to section 

### 1 

# 1J(o71•• ""· ood 18 U
. S.C. 

### §§ 1 001 ood 134\
.



# '
. ••**~!L-<1** t/ r./,g ;t**~Pr;e/4r-ri>**

7 of7

VES 004841