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### Ogulei, David

From: **Damico, Genevieve** Sent: **Monday, July 22, 2013 7:21 AM** To: **Ogulei, David** Subject: **FW: Veolia's response to 7/17/13 CPT comments**

From: Czerniak, George
Sent: Friday, July 19, 2013 3:28 PM
To: Damico, Genevieve Subject: FW: Veolia's response to 7/17/13 CPT comments

FYI

From: Doug Harris [ mailto:doug.harris@veoliaes.com ]
Sent: Friday, July 19, 2013 3:24 PM
To: Downey, Shannon Cc: Marshall, Sarah; Dennis J Warchol; David A Klarich ; Czerniak, George Subject: Veolia's response to 7/17/13 CPT comments

Shannon,

Veolia is in receipt of your July 17th e-mail. As an initial matter, Veolia generally agrees that the two issues raised in your e-mail remain unresolved. Veolia offers the f ollowing comments in an attempt to resolve these tw o outstanding

issues:

Item 1: During the discussions on Monday, July 15, the Agency stated that if the solid waste streams had limited data, or were new waste streams, the material should be samp led every 30 minutes. Based on this comment and in order to resolve this issue, Veolia proposes to sample each waste stream, solids and liquids, every 15 minutes. Veolia will provide profiles and waste feed analysis of all the waste s treams selected to be fed during testing prior to t he tests being conducted. All historical profile information and waste feed analyses are available for review by the Agency at any time. However, Veolia will not be providing historical i nformation simply as a clerical exercise. Veolia is unaware of any Federal requirements in Subpart EEE that require th e facility to provide historical waste stream infor mation for waste that will be incinerated during testing. Veolia’s waste feeds used during the CPT will, in fact, rep resent normal operations. Each waste stream will be sampled every 15 minutes to ensure that a representative sample is obtained and that subsequent analytical results of each particul ar waste fed during the test are representative. H istorical waste feed information will have no bearing on these results.

Item 2: Veolia intends to comply completely with t he requirements contained in Subpart EEE and all ot her applicable Federal requirements. However, Veolia does not int end to conduct tests beyond those tests required by applicable Federal statutes and regulations. Veolia will test under one condition during the CPT and comply with all the requirements in Subpart EEE for setting OPLs. See Section 40 CFR 1209(k) for setting OPLs for D/Fs; 40 CFR 1209(n) for setting OPLs for SVM/LVM; and 40 CFR 1209(l) for se tting OPLs for Hg. Also, 40 CFR 1207(g)(1)(i)(A), (B) and (C) defines other requirements when conducting CPTs for metals, D/Fs and PM. Nowhere in these regulations does it require establishing a maximum or higher than normal temper ature OPL in association with the emission standard s for metals— SVM, LVM, or mercury. The regulations only require Veolia to set a minimum combustion chamber tempera ture to remain in compliance with the emission standard for D/F’s. See 40 CFR 1209(i)(1) and (2). Veolia will be operati ng at combustion chamber temperatures that range from 150 0 to greater than 1800 degrees Fahrenheit during th e D/F and metals testing. The decomposition temperatures, me lting point, or boiling point for the spike materia l is as follows:

• Lead nitrate’s decomposition temperature is 878 deg rees F;2

• Chromic acid (solids) melting point is 388 degrees F; and

• Mercuric nitrate’s (solid) melting point is 174 deg rees F, and as an aqueous solution it boils at abou t 212 degrees

F.

The temperatures that Veolia will be operating at d uring the CPT testing to establish the minimum comb ustion chamber temperature will be significantly above these decom position, melting point, and boiling point temperat ures, and, as a result, will maximize metal emissions. Thus, the t est condition that Veolia proposed to the Agency on June 26th will accomplish what is required by the Federal Regulati ons and meet the Agency’s requirements to perform t esting for D/Fs and metals at the same time; it will also establish minimum combustion temperatures, minimum carbon fe ed rate, and maximum metal feedrates. In addition, Subpart EEE requires that the minimum combustion chamber temper atures be set during D/F testing. Further, Veolia believes t hat Subpart EEE requires OPLs to be established whe n conducting a CPT. It seems that the Agency is incorrectly disre garding these Federal requirements b y stating that OPLs do not have to
be established for certain runs or conditions.

This gives rise to a greater, more global, concern that Veolia has concerning the CPT testing. It app ears that the Agency is attempting to develop a test plan for Veolia tha t differs from what the Federal MACT Rule requires. Veolia cannot agree to perform testing that either omits certain requirements, or goes beyond the existing Federal r equirements, based solely on non-air division opinions and inter pretations. Veolia is trying to accommodate Region 5, but cannot— and will not—rely solely on the representations of Region 5 concerning what is required under the regu lations. Veolia has relied on such representations in the past—to i ts detriment—and will not create conditions ripe fo r criticism, second-guessing, and perhaps failure, by doing so a gain. Veolia is also troubled by the recent discussions c oncerning the permit reopening where Region 5 personnel misinterp reted when permit conditions would take effect if V eolia chose to appeal. (The Agency later retracted the misinterpr etation, but only after Veolia’s counsel specifical ly followed- up on the issue.) These and other experiences have made it c lear to Veolia that it must strictly adhere to what is required by the letter of the Federal HWC MACT Rule and proceed to perform CPT Testing without deviating from what is expressly required by the Federal regulations. It is our hop e that Region 5 will approve our test plan. Veolia must proceed with a plan that fully complies with the Federal Regulatio ns and that is within the timeframe that has been r equired by the USEPA, Region 5.

I, or a member of my staff, will contact you early next week to determine the appropriate next step. I would like to thank the Air Group for the extra effort they have expended to expedite this approval process.

**Doug Harris General Manager** 

**Veolia ES Technical Solutions, LLC 7 Mobile Ave.**  **Sauget, IL 62201 Office 618-271-2804 Ext. 101**  **Cell: 618-616-7420 Fax: 618-271-2128**  **Doug.harris@veoliaes.com www.veoliaes.com** 

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