06/24/91

Clarification of Policy on Enforcement of Visible Emission Violations For SIP Sources Meeting Applicable Mass Emission Standards

               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.  20460

MEMORANDUM

SUBJECT:  Clarification of Policy on Enforcement of Visible Emission

          Violations for SIP Sources Meeting Applicable Mass Emission

          Standards

FROM: /s/ Michael Shapiro for
          William G. Rosenberg, Assistant Administrator
          Office of Air and Radiation

TO:       Regional Administrators, Regions I-X

    The purpose of this memorandum is to clarify previous EPA policy ( May
4, 1982, Kathleen Bennett Memorandum ) relative to existing sources in
compliance with applicable mass emission standards but in violation of
visible emission standards.

    Compliance with a mass emission standard does not exempt a source from
the visible emission standard established in the SIP for that source.
Unless otherwise stated in the SIP, EPA considers the visible emission and
the mass emission standards as independently enforceable limitations.  In
other words, a source must demonstrate compliance with both standards
using the approved test methods ( i.e. the SIP or EPA reference methods
whichever is applicable ).  Failure to do so may result in EPA or the
State bringing an enforcement action against the source.

    Some situations may exist when a SIP source demonstrates and documents
its compliance with the mass emission standard on a consistent basis using
the approved test method and provides the required data to indicate that
it has taken every step to achieve compliance, but continues to exceed the
opacity standard.  In these special cases, and only if the State agency
and Regional Office agree that no further improvements can be made in the
control and process equipment for that source, the regulating agency may
choose to revise the visible emission standard in the SIP.  Pending EPA
approval of any SIP revision, the existing visible emission standard will
remain in effect and continue to be Federally enforceable.

cc:  John Seitz, Director, OAQPS
     John Calcagni, Director, AQMD

     Air Management Division Directors,
     Regions I, III and IX

     Air and Waste Management Division Director,
     Region II

     Air, Pesticides and Toxics Management Division Directors,
     Regions IV and VI

     Air and Radiation Division Director,
     Region V

     Air and Toxics Division Directors,
     Regions, VII, VIII and X