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Each state is required by the U.S. Clean Air Act to have a State Implementation Plan, or SIP, that will lead to the improvement and maintenance of the air quality such that all areas of the state will meet national ambient air quality standards. Federal requirements for SIPs are given in 40 CFR 51 – Requirements for Preparation, Adoption, and Submittal of Implementation Plans and 40 CFR 52 – Approval and Promulgation of Implementation Plans (U.S. EPA 2020b).

Part 51 Appendix P – Minimum Requirements for Existing Sources. In Appendix P of Part 51, the U.S. EPA established minimum CEM requirements for existing sources (U.S. EPA 2020a). The rules, published in the 1970s, required state CEM requirements to be written by 1976 for only four source categories: fossil‐fuel‐fired steam generators, sulfuric acid plants, nitric acid plants, and petroleum refineries. Even so, these particular minimum requirements only applied to larger sources and allowed many exemptions, such as not requiring SO₂ monitoring unless SO₂ control systems are installed. The “existing sources” referenced in Part 51 were those built before 1971, many of which are no longer operating by having become subject to reclassification as a “new source” after modification, or are otherwise subject to acid rain, air toxics, and other rules written after promulgation of the 1990 Clean Air Act Amendments. Once in the Code of Federal regulations, rules, test methods, and procedures tend not to go away. They layer upon themselves; so, when reading them, attention must be paid to applicability and other conditions of the requirements.

TABLE 2‐2 State CEM Program Options

Federal Programs Delegated to States
SIP Rulemaking	Permit Programs	NSPS Delegation	SIP Rulemaking	Compliance Assurance Monitoring	Waste Incineration	Trading Programs	Discretionary Programs
Part 51 Part 52	Parts 70 & 71	Part 60	Part 62 existing sources	Part 64	Part 266/503		Court Actions
Utilities Pet. Ref. HNO3 H2SO4 PSD NSR	Major sources	NSPS categories (Table 2‐1)	Hazardous waste incinerators/ sewage sludge incineration	Major sources	Hazardous waste incinerators/ sewage sludge incineration	CSAPR WCI (CA) RGGI (NE States) HRVOC (TX)	Variances orders agreements

Part 52 – Approval and Promulgation of implementation Plans Part 52.21 – Prevention of Significant Deterioration (PSD) For any source or a major modification to an existing source, located in an attainment area, where ambient air standards are met, a PSD permit must be granted. Once an area is in attainment, it is possible that the construction of a new source or modification of an existing source could lead to “significant” emissions that bring the area into nonattainment. To avoid this possibility a permit must be obtained by the source prior to the construction or modification. It must be shown whether a significant increase of emissions will occur, through a technical analysis and an air quality modeling, as specified in Part 52.21. One of the requirements of Part 52.21 is that the after construction or modification, the source must monitor mass emissions in tons per year of any pollutant designated under the New Source Review program for at least five years.