2019 Revised Title V Permit

The U.S. Environmental Protection Agency issued a final revised Clean Air Act Title V operating permit for Veolia’s hazardous waste incinerator in Sauget, Ill. on June 17, 2019. The permit requires Veolia to install and operate mercury emissions controls on two incinerators that previously did not have mercury controls. The permit also includes significant improvements to Veolia’s feedstream analysis procedures and is consistent with the March 2018 settlement agreement between EPA and Veolia. By its own terms, and consistent with 40 CFR. 71.11(i)(2), most provisions of the revised permit became effective on July 18, 2019.

On July 17, 2019, the American Bottom Conservancy petitioned the EPA’s Environmental Appeals Board (EAB) to review certain terms and conditions of the June 2019 Title V permit. See In re Veolia ES Technical Solutions, L.L.C.,  CAA Appeal No. 19-01. Consequently, consistent with 40 C.F.R. § 71.11(i)(2)(ii), the effective date of the contested terms and conditions of the permit was delayed. On July 21, 2020, the EAB denied the petition for review. See In re Veolia ES Technical Solutions, L.L.C., CAA Appeal No. 19-01, 18 E.A.D. 194 (Order Denying Review), July 21, 2020.

Following the EAB’s action, pursuant to 40 C.F.R. § 71.11(l)(5)(i), EPA issued a final permit decision as to the contested portions of the permit on August 10, 2020. See Document IDs. EPA-R05-OAR-2014-0280-0656 (Final Action Notification Letter) and EPA-R05-OAR-2014-0280-0657 (Final Action Federal Register Notice) at www.regulations.gov. All contested conditions of Title V Permit No. V-IL-1716300103-2014-10, as issued by EPA on June 17, 2019, were therefore final and effective as of August 10, 2020. 85 Fed. Reg. 53366 (August 28, 2020). Except as specifically provided in the permit, the final Title V permit will expire on July 18, 2024.

• Final Permit Decision (August 2020) 
• June 2019 Permit
• Response to Comments

Background

EPA issued the original permit to Veolia in January 2017.  However, on February 15, 2017, Veolia appealed the January 2017 permit to the Environmental Appeals Board (EAB).  On March 28, 2018, EPA and Veolia notified the EAB that, after considering public comment, EPA and Veolia had reached a final settlement agreement between the parties (2018 Settlement Agreement).  Under the terms of the 2018 Settlement Agreement, Veolia agreed to install and operate activated carbon injection systems (ACI systems) on two of its hazardous waste incinerators that did not have controls for vapor phase mercury (i.e., Units #2 and #3) and for EPA to make other revisions to the permit consistent with that agreement.  On April 3, 2018, at the request of EPA and Veolia, the EAB remanded the January 2017 permit back to EPA for further analysis.  In July 2018, EPA issued a draft permit that would, if finalized, revise the January 2017 permit consistent with the 2018 Settlement Agreement and the EAB’s April 3, 2018 Order (draft permit). 

EPA accepted public comments on the draft permit until November 5, 2018.  Pursuant to 40 C.F.R. § 71.11(f), EPA held a public hearing on the matter on August 21, 2018 in Room 2002, in Building D of the Southern Illinois University Edwardsville – East St. Louis Higher Education Campus, 601 James R. Thompson Blvd., East St. Louis, Illinois 62201, from 5:00 PM to 7:00 PM.  The public hearing provided interested parties the opportunity to present data, views, or arguments concerning the draft permit.

EPA considered the expressed views of all interested persons as well as pertinent federal statutes and regulations and decided to issue the final permit without changes from the draft permit. EPA has prepared a response to comments document that responds to all relevant comments submitted to EPA by the end of the public comment period.

Administrative Record

The final permit is a public record and can be downloaded from the link below.  Members of the public may review the administrative record for this permit action, including copies of the draft and final permits, the statement of basis for the draft permit, the response to comments, and all data and supporting materials, from www.regulations.gov, docket ID. EPA-R05-OAR-2014-0280, or by visiting EPA Region 5’s Air and Radiation Division Office located at 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604.  If visiting EPA’s office, please contact David Ogulei (ogulei.david@epa.gov) or call (312) 353-0987  prior to your arrival.  All documents will be available for review at the EPA Region 5 office Monday through Friday from 8:30 AM until 4:45 PM (excluding federal holidays).

Veolia Title V Permit Renewal Docket
Draft Permit (Redlined)
Draft Permit (Clean)
Statement of Basis

Appeal Procedures

Within 30 days after service of notice of EPA’s final permit decision, any person who filed comments or participated in the public hearing may petition the EAB to review any condition of the final permit, and any other person may petition the EAB to review changes from the draft to the final permit or other new grounds that were not reasonably foreseeable during the public comment period, in accordance with 40 C.F.R. § 71.11(l).  Petitions should be filed with the EAB’s Hearing Clerk following the procedures found at the EAB’s website.