ESSROC fail to retest baghouse No. 2 and No. 3 for PM, D/F and opacity after 30 months of initial test. They also tested only 2 stacks on BH#2 when they should have tested at least 12 stacks. EPA has requested the retests for coal and oil and the use of Method 5D as an alternative monitoring test within 45 days of receival of the approval of the protocol. Penalty will be discussed through a former Referral been address by USDOJ-Peter Flynn.