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TitleVeolia Signed Contingent Settlement Agreement
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Table of Contents
                            Signed Contingent Settlement Agreement
	Veolia Settlement Agreement FINAL 10 23 17
	Veolia Settlement Agreement GARYPIE SIGNATURE PAGE 10 23 17
	Veolia Settlement Agreement KRALLMAN SIGNATURE PAGE 10 23 17
	signature_veolia
	Veolia Settlement Agreement FINAL 10 23 17
Veolia Settlement Agreement FINAL ATTACHMENT 10 23 17
	1.0.  SOURCE IDENTIFICATION AND UNIT-SPECIFIC INFORMATION
		1.1. GENERAL SOURCE INFORMATION
		1.2. FACILITY DESCRIPTION
		1.3.  EMISSION UNITS
		1.4. EMISSION CONTROL EQUIPMENT TO BE INSTALLED [40 C.F.R. § 71.6(a)(1) AND CAA 113(g) SETTLEMENT AGREEMENT, ENVIRONMENTAL APPEALS BOARD No. CAA Appeal No. 17-02]
	2.0. UNIT-SPECIFIC OPERATING REQUIREMENTS
	2.1. HAZARDOUS WASTE COMBUSTORS, UNITS #2, #3 AND #4
		(A) Emission Limitations and Standards [40 C.F.R. § 71.6(a)(1)]
		(B) Nonapplicable Regulations [40 C.F.R. § 71.6(f)(1)]
		(C) Work Practice and Operational Requirements [40 C.F.R. § 71.6(a)(1)]
		(D) Monitoring and Testing [40 C.F.R. § 71.6(a)(3)(i)(A), 40 C.F.R. § 71.6(c)(1)]
		(E) Recordkeeping and Reporting.  [40 C.F.R. § 71.6(a)(3)]
	2.2. MATERIAL PROCESSING AREAS
		(A) Emission Limitations and Standards [40 C.F.R. § 71.6(a)(1)]
		(B) Nonapplicable Regulations [40 C.F.R. § 71.6(f)(1)]
		(C) Work Practice and Operational Requirements [40 C.F.R. § 71.6(a)(1)]
		(D) Monitoring and Testing [40 C.F.R. § 71.6(a)(3)(i)(A)]
		(E) Recordkeeping and Reporting [40 C.F.R. §71.6(a)(3)]
	2.3 DRUM CRUSHER
		(A) Emission Limitations and Standards [40 C.F.R. § 71.6(a)(1)]
		(B) Nonapplicable Regulations [40 C.F.R. § 71.6(f)(1)]
		(C) Work Practice and Operational Requirements [40 C.F.R. § 71.6(a)(1)]
		(D) Monitoring and Testing [40 C.F.R. § 71.6(a)(3)(i)(A)]
		(E) Recordkeeping and Reporting [40 C.F.R. § 71.6(a)(3)]
	2.4 LIQUID WASTE STORAGE TANKS
		(A) Emission Limitations and Standards  [40 C.F.R. § 71.6(a)(1)]
		(B) Nonapplicable Regulations [40 C.F.R. § 71.6(f)(1)]
		(C) Work Practice and Operational Requirements [40 C.F.R. § 71.6(a)(1)]
		(D) Monitoring and Testing [40 C.F.R. § 71.6(a)(3)(i)(A)]
	3. The Permittee shall comply with the following monitoring requirements as established in 40 C.F.R. § 61.354(d):
		(E) Recordkeeping and Reporting [40 C.F.R. § 71.6(a)(3)]
	2.5 BULK SOLID WASTE STORAGE FACILITY
		(A) Emission Limitations and Standards [40 C.F.R. § 71.6(a)(1)]
		(B) Nonapplicable Regulations [40 C.F.R. § 71.6(f)(1)]
		(C) Work Practice and Operational Requirements [40 C.F.R. § 71.6(a)(1)]
		(D) Monitoring and Testing [40 C.F.R. §71.6(a)(3)(i)(A)]
		(E) Recordkeeping and Reporting [40 C.F.R. § 71.6(a)(3)]
	2.6 GASOLINE STORAGE TANK
		(A) Emission Limitations and Standards [40 C.F.R. § 71.6(a)(1)]
		(B) Nonapplicable Regulations [40 C.F.R. § 71.6(f)(1)]
		(C) Work Practice and Operational Requirements [40 C.F.R. § 71.6(a)(1)]
		[Reserved]
		(D) Monitoring and Testing [40 C.F.R. § 71.6(a)(3)(i)(A)]
		(E) Recordkeeping and Reporting [40 C.F.R. § 71.6(a)(3)]
	2.7 BOILER
		(A) Emission Limitations and Standards [40 C.F.R. § 71.6(a)(1)]
		(B) Nonapplicable Regulations [40 C.F.R. § 71.6(f)(1)]
		(C) Work Practice and Operational Requirements [40 C.F.R. § 71.6(a)(1)]
		(D) Monitoring and Testing [40 C.F.R. § 71.6(a)(3)]
		(E) Recordkeeping and Reporting [40 C.F.R. § 71.6(a)(3)]
	2.8 EMERGENCY GENERATORS
		(A) Emission Limitations and Standards [40 C.F.R. § 71.6(a)(1)]
		(B) Nonapplicable Regulations [40 C.F.R. § 71.6(f)(1)]
		(C) Work Practice and Operational Requirements [40 C.F.R. § 71.6(a)(1)]
		(D) Monitoring and Testing [40 C.F.R. § 71.6(a)(3)]
		(E) Recordkeeping and Reporting [40 C.F.R. § 71.6(a)(3)]
	2.9 FUGITIVE EMISSIONS
		(A) Emission Limitations and Standards [40 C.F.R. § 71.6(a)(1)]
		(B) Nonapplicable Regulations [40 C.F.R. § 71.6(f)(1)]
		(C) Work Practice and Operational Requirements [40 C.F.R. § 71.6(a)(1)]
		(D) Monitoring and Testing [40 C.F.R. § 71.6(a)(3)(i)(A)]
		(E) Recordkeeping and Reporting [40 C.F.R. § 71.6(a)(3)]
	2.10 INSIGNIFICANT EMISSION UNITS AND ACTIVITIES
		(A) List of Insignificant Emission Units and Activities [40 C.F.R. § 71.5(c)(11)]
		(B) Applicable Requirements [40 C.F.R. § 71.6(a)(1)]
		(C) Compliance with Applicable Requirements [40 C.F.R. § 71.6(a)(3)]
	3.0 FACILITY-WIDE PERMIT REQUIREMENTS
		3.1. GENERAL PART 71 RECORDKEEPING
		(A) Required Records [40 C.F.R. § 71.6(a)(3)(ii)]
		(B) Record Retention Schedule [40 C.F.R. § 71.6(a)(3)(ii)]
		(C) Emissions Calculation Methodology [40 C.F.R. § 71.6(a)(3)(i)(B)]
		3.2. GENERAL PART 71 REPORTING [40 C.F.R. § 71.6(a)(3)(iii)]
		(A) Semi-annual Reports
		(B) Deviations
		3.3. PERFORMANCE TESTING [40 C.F.R. § 71.6(a)(3)(i)]
		3.4. FACILITY-WIDE APPLICABLE REQUIREMENTS
		(A) Fugitive Particulate Matter Restrictions [35 IAC 212.301]
		(B) Open Burning Prohibitions [35 IAC 237.102]
		(C) Visible Emissions [35 IAC 212.123(a)]
		(D) Recycling and Emissions Reduction [40 C.F.R. Part 82, Subpart F]
		(E) Risk Management Plan (RMP) [40 C.F.R. § 68.215(a)(2)(i) and (ii)]
		(F) Episode Action Plans [35 IAC 244, Subpart C]
		(G) Annual Benzene Waste Quantity Determination [40 C.F.R. § 61.355]
		(H) General Prohibition on Air Pollution [35 IAC 201.141]
		(I) Facility-wide Testing [40 C.F.R. § 71.6(a)(3)(i)]
		(J) Facility-wide Recordkeeping [40 .C.F.R § 71.6(a)(3)(i)(B)]
	4.0 GENERAL PART 71 REQUIREMENTS
		4.1. DEFINITIONS [40 C.F.R. § 71.2]
		4.2. ANNUAL FEE PAYMENT [40 C.F.R. §§ 71.6(a)(7) and 71.9]
		4.3. COMPLIANCE STATEMENT [40 C.F.R. § 71.6(a)(6)]
		4.4. COMPLIANCE CERTIFICATIONS [40 C.F.R. § 71.6(c)(5)]
		4.5. SCHEDULE OF COMPLIANCE [40 C.F.R. §§ 71.6(c)(3) and 71.5(c)(8)(iii)]
		4.6. DUTY TO PROVIDE AND SUPPLEMENT INFORMATION [40 C.F.R. §§ 71.6(a)(6)(v) and 71.5(b)]
		4.7. ENFORCEABILITY [40 C.F.R. § 71.6(b)]
		4.8. SUBMISSIONS [40 C.F.R. §§ 71.5(d), 71.6 and 71.9]
		4.9. SEVERABILITY CLAUSE [40 C.F.R. § 71.6(a)(5)]
		4.10. PERMIT ACTIONS [40 C.F.R. § 71.6(a)(6)(iii)]
		4.11. ADMINISTRATIVE PERMIT AMENDMENTS [40 C.F.R. § 71.7(d)]
		4.12. MINOR PERMIT MODIFICATIONS [40 C.F.R. § 71.7(e)(1)]
		4.13. SIGNIFICANT PERMIT MODIFICATIONS [40 C.F.R. § 71.7(e)(3)]
		4.14. REOPENING FOR CAUSE [40 C.F.R. § 71.7(f)]
		4.15. PROPERTY RIGHTS [40 C.F.R. § 71.6(a)(6)(iv)]
		4.16. INSPECTION AND ENTRY [40 C.F.R. § 71.6(c)(2)]
		4.17. [RESERVED]
		4.18. OFF PERMIT CHANGES [40 C.F.R. § 71.6(a)(12)]
		4.19. PERMIT EXPIRATION AND RENEWAL [40 C.F.R. §§ 71.5(a)(1)(iii), 71.6(a)(11), 71.7(b), 71.7(c)(1)(i) and (ii), 71.8(d)]
		4.20. OPERATIONAL FLEXIBILITY [40 C.F.R. § 71.6(a)(13)]
		4.21. PERMIT SHIELD [40 C.F.R. § 71.6(f)]
		4.22. CREDIBLE EVIDENCE [62 Fed. Reg. 8314 (February 24, 1997); 42 U.S.C. § 7413]
                        
Document Text Contents
Page 1

Settlement Agreement, EAB CAA Appeal No. 17-02


BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.



In the Matter of: )
)
VEOLIA ES TECHNICAL )
SOLUTIONS, L.L.C. )
) CAA Appeal No. 17-02
Permittee )
)
Air Pollution Control Title V )
Permit to Operate )
Permit No. V-IL-1716300103-2014-10 )
Docket No. EPA-R05-OAR-2014-0280 )
)


SETTLEMENT AGREEMENT


This Settlement Agreement (“Settlement Agreement”) is made between Region 5 of the

United States Environmental Protection Agency (“EPA Region 5”) and Veolia ES Technical

Solutions, L.L.C. (“Veolia”). EPA Region 5 and Veolia are sometimes referred to jointly as the

“Parties” and individually as “Party.”

1. Veolia owns and operates the Veolia ES Technical Solutions, L.L.C. commercial

hazardous waste incineration facility at 7 Mobile Avenue in Sauget, Illinois (“Facility”).

2. On January 18, 2017, EPA Region 5 issued a Permit to Operate (“the permit”) to Veolia

for the Facility pursuant to Title V of the Clean Air Act (“CAA”) and 40 C.F.R. Part 71.

The permit is designated Permit No. V-IL-1716300103-2014-10.

3. On February 15, 2017, Veolia filed a Petition for Review with the Environmental

Appeals Board.

4. The Parties have agreed to settle this action without any admission of fact or law.

Page 2

Settlement Agreement, EAB CAA Appeal No. 17-02 2

NOW, THEREFORE, the Parties, intending to be bound by this Settlement Agreement, hereby

incorporate by reference and agree to the accuracy of the above recitals and further agree as

follows:

SPECIFIC TERMS OF AGREEMENT

5. Environmental Appeals Board (“Board”) Notification: No later than ten (10) calendar

days from the date this Settlement Agreement is signed by the Parties, the Parties will

jointly notify the Board that the Parties have provisionally reached this Settlement

Agreement, will submit the Settlement Agreement to the Board, and will request that the

Board continue to hold in abeyance CAA Appeal No. 17-02 until the Parties request the

voluntary remand specified under Paragraph 8.

6. Public Notice: The Parties agree and acknowledge that before this Settlement Agreement

becomes final, EPA Region 5 must provide notice in the Federal Register and an

opportunity for comment for persons not named as parties or intervenors in this matter

pursuant to CAA Section 113(g), 42 U.S.C. § 7413(g). After this Settlement Agreement

has undergone an opportunity for notice and comment, the Administrator or his/her

designee shall promptly consider any such written comments in determining whether to

withdraw or withhold his/her consent to the Settlement Agreement, in accordance with

CAA Section 113(g). The notice and comment required for purposes of this Settlement

Agreement shall not serve as the notice and comment for any subsequent draft CAA Title

V renewal permit for the Facility. If the Administrator or his/her designee elects not to

withdraw or withhold his/her consent to the Settlement Agreement, EPA Region 5 shall

provide written notice to Veolia expeditiously, and this Settlement Agreement shall

become final on the date of such written notice. The Parties agree and acknowledge that

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Veolia ES Technical Solutions, L.L.C. Page 80 of 174
Permit No.: V-IL-1716300103-2014-10
Issuance Date: TBD
Expiration Date: TBD


Reference Notification, request, petition, or application
40 C.F.R.
§ 63.1206(c)(5)(i)(D)

The Permittee may request other techniques to
prevent fugitive emissions without use of
instantaneous pressure limits.

40 C.F.R.
§ 63.1207(d)(3)

The Permittee may request more than 60 days to
complete a performance test if additional time is
needed for reasons beyond its control.

40 C.F.R.
§§ 63.1207(e)(3), 63.7(h)

The Permittee may request a time extension if the
Administrator fails to approve or deny its test plan.

40 C.F.R.
§ 63.1207(h)(2)

The Permittee may request approval to waive
current operating parameter limits during pretesting
for more than 720 hours.

40 C.F.R.
§ 63.1207(f)(1)(ii)(D)

The Permittee may request approval to perform a
reduced hazardous waste feedstream analysis for
organic hazardous air pollutants if the reduced
analysis continues to be representative of organic
hazardous air pollutants in its hazardous waste
feedstreams.

40 C.F.R.
§ 63.1207(g)(2)(v)

The Permittee may request approval to operate
under a wider operating range for a parameter
during confirmatory performance testing.

40 C.F.R. § 63.1207(i) The Permittee may request up to a 1-year time
extension for conducting a performance test (other
than the initial comprehensive performance test) to
consolidate testing with other state or federally-
required testing.

40 C.F.R. § 63.1207(j)(4) The Permittee may request more than 90 days to
submit a NOC after completing a performance test
if additional time is needed for reasons beyond its
control.

40 C.F.R. § 63.1207(l)(3) After failure of a performance test, the Permittee
may request approval to burn hazardous waste for
more than 720 hours and for purposes other than
testing or pretesting.

40 C.F.R.
§§ 63.1209(a)(5), 63.8(f)

The Permittee may request: (1) approval of
alternative monitoring methods for compliance with
standards that are monitored with a CEMS; and (2)
approval to use a CEMS in lieu of operating
parameter limits.

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Permit No.: V-IL-1716300103-2014-10
Issuance Date: TBD
Expiration Date: TBD


Reference Notification, request, petition, or application
40 C.F.R.
§ 63.1209(g)(1)

The Permittee may request approval of: (1)
alternatives to operating parameter monitoring
requirements, except for standards that the
Permittee must monitor with a CEMS and except
for requests to use a CEMS in lieu of operating
parameter limits; or (2) a waiver of an operating
parameter limit.

40 C.F.R. § 63.1209(l)(1) The Permittee may request approval to extrapolate
mercury feedrate limits.

40 C.F.R.
§ 63.1209(n)(2)

The Permittee may request approval to extrapolate
SVM and LVM feedrate limits.

40 C.F.R. § 63.1211(d) The Permittee may request approval to use data
compression techniques to record data on a less
frequent basis than required by 40 C.F.R.
§ 63.1209.


2. Notification of Compliance. [40 C.F.R. § 63.1210(d)]


(a) The NOC status requirements of 40 C.F.R. § 63.9(h) apply, except that:


(i) The notification is an NOC, rather than compliance status;

(ii) The notification is required for the initial comprehensive

performance test and each subsequent comprehensive and
confirmatory performance test; and


(iii) The Permittee must postmark the notification before the close of

business on the 90th day following completion of relevant
compliance demonstration activity specified in 40 C.F.R. Part 63,
Subpart EEE, rather than the 60th day as required by 40 C.F.R.
§ 63.9(h)(2)(ii).


(b) Upon postmark of the NOC, the Permittee shall comply with the OPLs

identified in the NOC, and the limits identified in the DOC or a previous
NOC are no longer applicable.


(c) The NOC requirements of 40 C.F.R. § 63.1207(j) also apply.


3. Summary of reporting requirements. [40 C.F.R. § 63.1211(a)]


The Permittee must submit the following reports to the Administrator:

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Veolia ES Technical Solutions, L.L.C. Page 173 of 174
Permit No.: V-IL-1716300103-2014-10
Issuance Date: TBD
Expiration Date: TBD


4.19. PERMIT EXPIRATION AND RENEWAL [40 C.F.R. §§ 71.5(a)(1)(iii), 71.6(a)(11),
71.7(b), 71.7(c)(1)(i) and (ii), 71.8(d)]


(A) Except as provided in conditions 4.19(C) and (D), below, this permit shall expire 5

years from the effective date.

(B) Expiration of this permit terminates the Permittee’s right to operate unless the

Permittee has submitted a timely and complete permit renewal application to the
permitting authority at least 6 calendar months, but not more than 18 calendar
months, prior to the date of expiration of this permit.


(C) If the Permittee submits a timely and complete permit application for renewal,

consistent with 40 C.F.R. § 71.5(a)(1) and (2) and condition 4.19(B), above, but the
permitting authority fails to issue or deny the renewal permit, then this permit shall
not expire until the permitting authority has issued or denied a renewal permit. Any
permit shield granted under condition 4.21 of this permit may be extended during the
period that the permitting authority fails to act on the renewal application.


(D) If the Permittee has submitted a timely and complete application for renewal

consistent with 40 C.F.R. § 71.5(a)(1) and (2) and condition 4.19(B), above, the
Permittee’s failure to have a Part 71 permit is not a violation of Part 71 or the CAA
until the permitting authority takes final action on the permit renewal application.
This protection shall cease to apply if, subsequent to the completeness
determination, the Permittee fails to submit any additional information identified as
being needed to process the application by the deadline specified in writing by the
permitting authority.


(E) Renewal of this permit is subject to the same procedural requirements that apply to

initial permit issuance, including those for public participation and affected state and
tribal review.


(F) The application for renewal shall include the current permit number, description of

permit revisions and off-permit changes that occurred during the permit term, any
applicable requirements that were promulgated and not incorporated into the permit
during the permit term, and other information required by the application form.


4.20. OPERATIONAL FLEXIBILITY [40 C.F.R. § 71.6(a)(13)]


The Permittee may make changes within the permitted facility without a permit revision,
including the addition of a new generator or replacement of an existing generator,
provided the following conditions are met:


(A) The changes are not modifications under any provision of Title I of the CAA;

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Veolia ES Technical Solutions, L.L.C. Page 174 of 174
Permit No.: V-IL-1716300103-2014-10
Issuance Date: TBD
Expiration Date: TBD


(B) The changes do not exceed the emissions allowed under this permit (whether
expressed therein as a rate of emissions or in terms of total emissions); and


(C) The Permittee notifies the EPA at least 7 days in advance of the proposed changes.

The written notification shall include a brief description of the change within the
permitted facility, the date on which the change will occur, any change in emissions,
and any permit term or condition that is no longer applicable as a result of the
change.


4.21. PERMIT SHIELD [40 C.F.R. § 71.6(f)]


(A) Except as noted in condition 4.21(A)(1), below, compliance with the conditions of

this permit shall be deemed compliance, as of the date of permit issuance, with any
applicable requirements that are specifically identified and included in this permit or
that are specifically identified in this permit as not applying to the facility.


1. The permit shield shall not apply, and compliance with this permit shall not be

deemed to be compliance with, Parts C and D of Title I of the CAA, or any
requirements of the Illinois SIP, or federal or state regulations that govern the
permitting of major modifications to sources of air emissions.


(B) Nothing in this permit shall alter or affect the following:


1. The liability of the Permittee for any violation of applicable requirements prior to

or at the time of permit issuance;

2. The ability of EPA to obtain information under Section 114 of the CAA;

3. The applicable requirements of the acid rain program, consistent with section

408(a) of the CAA; or

4. The provisions of section 303 of the CAA (emergency orders), including the

authority of the Administrator under that section.


4.22. CREDIBLE EVIDENCE [62 Fed. Reg. 8314 (February 24, 1997); 42 U.S.C. § 7413]


Notwithstanding the conditions of this permit specifying compliance practices for
applicable requirements, any person (including the Permittee) may also use other credible
evidence to establish compliance or noncompliance with applicable requirements.

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