05/03/76

Enforcement of NSPS Requirements

                          MAY 3, 1976


SUBJECT:  Enforcement of NSPS Requirements


TO:       Enforcement Division Directors
          Region I-X


FROM:     Director, Division of Stationary Source Enforcement


     The attached memorandum concerns an NSPS enforcement which occurred
recently in Region IV.
     Monsanto Chemical had planned to use low sulfur coal in a steam
generator subject to NSPS to achieve compliance with the emission
limitation provision of 40 CFR Section 60.43.  Monsanto had asked to
burn high sulfur fuel for 180 days after start-up, before the
performance test required by Section 60.8.  The issue was what
enforcement options were available to the regional office to prevent
Monsanto from burning a high sulfur coal upon start-up.
     The conclusion reached in the memorandum was that the 180-day
period provided for in 40 CFR Section 60.8 is not a grace period during
which a source need make no attempt to achieve compliance with NSPS.
Rather, it is a shake-down period, which may be unnecessary, to allow
for fine turning of control equipment.  When a situation like the one
in Region IV arises, the regional office should pursue whatever
enforcement mechanism it feels will insure expeditious compliance with
NSPS requirements.  Enforcement options include an administrative order
to burn complying low sulfur coal or, if appropriate, a civil o r
criminal action.
     We have reviewed these issues with the Office of General Counsel
which concurs in the approach endorsed in the memorandum.  Should you
have any questions, please contact Barry Russell (202-755-2542) of my
staff.


                                          Richard D. Wilson