National Stack Testing Guidance

STAPPA/ALAPCOEnforcement and Compliance Workshop

St. Louis, Missouri June 25-26, 2003

Why national stack testing guidance?• Stack testing is one of the primary methods for

determining a facility’s ability to comply with CAA

• Stack testing has not been consistently applied by EPA or S/L

• 2000 Inspector General Report criticized OECA for:– Not issuing comprehensive national guidance– Inadequate oversight of S/L stack testing programs

How has OECA addressed IG’s How has OECA addressed IG’s concerns?concerns?

•• Issuance of revised CMS in April 2001Issuance of revised CMS in April 2001–– Universe of sources subject to stack testingUniverse of sources subject to stack testing–– Frequency of stack testsFrequency of stack tests–– Reporting of test results Reporting of test results

•• Emphasis of existing HPV PolicyEmphasis of existing HPV Policy–– How violations must be resolvedHow violations must be resolved

•• Issuance of National Stack Testing Issuance of National Stack Testing Guidance (Sept 2003)Guidance (Sept 2003)

Process for drafting guidanceProcess for drafting guidance

• OECA formed workgroup consisting of HQ and Regional representatives– Reviewed existing Agency policies – Evaluated existing S/L regulations/guidance – Solicited S/L input

Goals of the national guidance

• Expand upon CMS & HPV guidance to fully address IG’s concerns

• Improve uniformity of how stack tests are conducted

• Improve coordination between EPA and S/L • Provide framework for assessing the

effectiveness of S/L stack testing programs

CMS guidance on stack testing

• S/L should conduct a stack test whenever they deem appropriate

• S/L should conduct a stack test when there are no other means for determining compliance

• In determining when a stack test is necessary, S/L should consider – Size of emission unit – Time elapsed since last stack test– Results of that test and margin of compliance– Condition of equipment – Availability and results of associated monitoring data

CMS Guidance on Stack Testing (cont)

• S/L are responsible for:– Reporting date & results of all stack tests– Adjusting the HPV status as appropriate

• Stack test reporting by pollutant currently being discussed with ECOS

• Some S/L have begun voluntarily reporting stack tests by pollutant

HPV guidance on stack testsHPV guidance on stack tests

•• Facilities are expected to be in compliance Facilities are expected to be in compliance with emission limits with emission limits at all timesat all times

•• Failing a stack test is a violation for which Failing a stack test is a violation for which appropriate enforcement must be takenappropriate enforcement must be taken

Issues addressed by national stack testing guidance• Time frames for conducting tests • Waivers• Notification of stack tests • Observation of stack tests • Representative Conditions • Stoppages • Postponements • Test Reports• Technical Issues

Can facilities be granted additional time to complete a stack test?• Time frames for conducting initial stack

tests are established by regulation (i.e. NSPS, NESHAPS, MACT)

• There are no regulatory provisions to extend the testing deadlines

• Failure to test w/in requisite time frame is a violation

Time frames for conducting tests (cont)

•• The only way a delegated agency can grant The only way a delegated agency can grant additional time is through issuance of an additional time is through issuance of an enforcement action stemming from the failure to enforcement action stemming from the failure to testtest

•• The delegated agency maintains flexibility in The delegated agency maintains flexibility in determining the scope of the enforcement determining the scope of the enforcement response, based on the circumstances response, based on the circumstances surrounding the failure to test surrounding the failure to test

Should stack tests be waived for identical units?• Generally, no

– Control devices & process operations may alter performance and ability to comply

• Therefore, waivers should not be granted for identical units, unless– The units are located at the same facility, and– The source can demonstrate, on an ongoing based,

emissions from units are < 50% applicable standard• S/L authorized to issue waivers should still

consult with Regional office to ensure national consistency

What should be considered sufficient notification?• Sources are required to adhere to the regulatory

time-frames– NSPS & NESHAPS (30 days) – MACT (60 days)

• Written notification should be sent to the delegated agency and concurrently to the Regional office

•• The test date should be acceptable to both the The test date should be acceptable to both the regulatory agency and the facility regulatory agency and the facility

•• If adequate notification is not provided, results If adequate notification is not provided, results may be rejected and source required to retest may be rejected and source required to retest

What should be considered sufficient notification? (cont)• Notification not necessary if test is performed for

facility’s own benefit, however– If facility fails it must report failure & results

to delegated agency immediately• Testing protocols must be provided as part of

notification. While protocols may vary, all should contain certain basic elements– A sufficiently detailed protocol is available at:

www.epa.gov/ttn/emc/guidlnd.htmlwww.epa.gov/ttn/emc/guidlnd.html“Preparation & Review of Site-Specific Emission Test Plans”

How often should stack tests be observed?• S/L should observe as many stack tests as

resources allow • If S/L chooses not to observe stack test, prior

review of test protocol is critical • If adequate notification & an opportunity to

observe test is not provided, test data may be rejected and source required to retest

What is the appropriate role of the regions for tests conducted for S/L?

• Regions may observe stack tests whenever deemed appropriate

• Consistent with CMS, Regions will periodically conduct analysis to determine if: – Tests are being conducted properly– Results are being interpreted and reported

accurately

What are representative conditions under which stack tests should be conducted?• A facility should test under the most

severe conditions that create the highest emissions– If operating at maximum capacity would

result in the highest emissions, the facility should • Test at maximum allowable/permitted capacity • Using the highest emitting fuel for the pollutant

tested • Process material that causes the highest emissions

What are representative conditions under which stack tests should be conducted? (cont)

• For certain facilities, maximum capacity may not represent conditions resulting in the highest emissions– In such circumstances, the facility may test at

a lesser capacity upon documenting that this level results in the highest emissions

Is it ever appropriate to stop a test once started?

•• Failure to complete a stack test once it is Failure to complete a stack test once it is initiated is a violation of the requirement to initiated is a violation of the requirement to conduct a stack testconduct a stack test

•• An enforcement order should be issued to An enforcement order should be issued to ensure that a stack test is ultimately conductedensure that a stack test is ultimately conducted

•• The delegated agency maintains flexibility in The delegated agency maintains flexibility in determining the scope of the enforcement determining the scope of the enforcement response, based on the circumstances response, based on the circumstances surrounding the stoppagesurrounding the stoppage

Is it ever allowable to postpone a stack test?

•• Postponements should be treated similar Postponements should be treated similar to stoppagesto stoppages–– An enforcement order should be issued to An enforcement order should be issued to

ensure that a test is ultimately conductedensure that a test is ultimately conducted–– The delegated agency maintains flexibility in The delegated agency maintains flexibility in

determining the scope of the enforcement determining the scope of the enforcement responseresponse

What information is needed to document stack test results?

• A written test report must include sufficiently detailed information to document compliance with the regulatory requirements & test procedures

• All test reports should include certain basic elements. A prototype of a sufficiently detailed test report is provided at: www.epa.gov/ttn/emc/guidlnd.htmlwww.epa.gov/ttn/emc/guidlnd.html “Preparation and Review of Emission Test Reports”

Technical issues addressed within guidance

•• SootSoot--blowing blowing – Regarded as routine maintenance,

constituting representative conditions and should be included as an element of stack test

•• Rounding of significant figuresRounding of significant figures–– Guidance affirms the practices of the Guidance affirms the practices of the

American Society for Testing and Materials American Society for Testing and Materials

Next Steps / Timeline Next Steps / Timeline

•• Release draft guidance for review & Release draft guidance for review & comment comment –– June 2003June 2003

•• Proposed deadline for submission of Proposed deadline for submission of comments comments –– July 31, 2003 July 31, 2003

•• Issuance of final guidance Issuance of final guidance –– Sept 2003 Sept 2003

Contact Information

• Greg Gholson(617) 918 – 1840Gholson.greg@epa.gov

Mailing Address: US EPA (Mailcode SEW)1 Congress Street, Suite 1100Boston, MA 02114-2023