On July 25, 2004, US EPA issued an NOV to MERC for violations of MERC's FESOP resulting from improper operation of baghouses. Through negotiations with US EPA, MERC agreed to update or replace the existing baghouses with new, more efficient ones that result in 125 tons per year of particulate reduction. In addition, MERC will add a chemical suppressant to received coal to further reduce particulate emissions, and operate the baghouse on a year round basis, instead of a periodic basis.