# Clarification of Requirements for Inclusion of Continuous Emission Monitoring Provisions in State Implementation Plans



# . MEMORANDUM May 9,1980 FROM: Director, Division of Stationary Source Enforcement TO: Enforcement Division Directors, Regions I-X Air and Hazardous Materials Division Directors, Regions I-X During the course of a recent survey of state continuous emission monitoring (CEM) regulations for existing stationary sources, the following question arose concerningthe applicability of 40 CFR Part 5 1,Appendix P, which requires
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### i’ ClarificationofRequirements for Inclusion ofContinuous Emission Monitoring Provisions CEM at four categories of existing sources (power plants, sulfuric acid plants, nitric acid plants, and fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries): Appendix P requires CEM at the four listed sources ifthey exceed certain size thresholds and, in the case ofNOx CEM, power plants and nitric acid plants ifthey are located in areas designated nonattainment for nitrogen dioxide. If a state, due to the size thresholds, has no Appendix P sources, or if a state has no areas designated nonattainment for nitrogen dioxide, must the state nonetheless promulgate a CEM regulation pursuant to 40 CFR 5 1.19(e) in case a source exceeding the threshold is subsequently constructed in that state or inthe event an area is later designated nonattainment for nitrogen dioxide? The question arose because among the reasons some states have given for not having complete Appendix P regulations are that the sources in those states do not meet the size thresholds orthat there are

### no areas in the states designated nonattainment for nitrogen dioxide. It is our view that a stateneed not promulgate CEM regulations to apply to Appendix P sources not yet in existence in the state. Appendix P by its terms permits states, in their CEM regulations, to exempt from its coverage sources which would be subjectto any NSPS requiring CEM. All four ofthe source categories covered by Appendix P would, if new, be subject to NSPS continuous monitoring requirements. Should a source meeting the Appendix P size threshold be subsequently constructed in a state, it would be governed by the CEM provisions ofthe applicable 

### NSPS. Coverage under Appendix P would therefore be unnecessary to assuringthe continuous monitoring ofthat new source. With regard to the absence within a state of areas designated nonattainment for nitrogen.dioxide, a stateneed not require NOx monitoring under Appendix P for power plants ornitric acid plants where there are currently no nonattainment areas for nitrogen dioxide. A reading of Sections 2.1.3 and 2.2 of
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### P reveals that the presence of a nonattainment area for nitrogen dioxide is 

### so much a part ofthe description ofthe covered source categories that the absence of such an area ,wouldpreclude existingpower plants and nitric acid plants from Appendix P coverage for NOx monitoring. There being no covered sources for NOx monitoring, no regulations need be enacted to require such monitoring. In order, however, to encourage states to assess their CEM regulations and to examine those sources covered by them, we will suggest to the working group presently involved in further developing the Agency's CEM requirements that 

### 40 CFR 

### 5 1,19(e)a Appendix P be amended similar to 40 CFR 60.23(b) for NSPS, that it has no existing sources ofthe type coveredby the CEM requirements and therefore need not have completed Appendix P regulations. A procedure ofthis sort would enable the Agency to better monitor both source and state compliance with CEM regulations for existing sources. If you have any questions on this matter, please feel free to contact Mark Silvermintz (FTS 755-2570)in this Division. Edward E. Reich

cc: Richard Rhoads Director. CPDD Joseph Sableski, CPDD bcc:

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