SOURCE TYPES WITH CEMS REQUIREMENTS Fossil Fuel-Fired Steam Generators Cement Plants Municipal Waste Combustors Nitric and Sulfuric Acid Plants Petroleum Refineries Copper, Zinc, and Lead Smelters Steel and Ferroalloy Plants Kraft Pulp Mills Glass Manufacturing Plants Magnetic Tape Production Phosphate Plants

William T. “Jerry” Winberry, Jr. Continuous Emission Monitoring and Compliance Assurance Monitoring Dateline William T. “Jerry” Winberry, Jr. EnviroTech Solutions

The Clean Air Act of 1970 proposed CEMS applications for five source categories (nitric, sulfuric, FFFSG, Portland Cement and refineries) for criteria pollutants December 23, 1970 40 CFR 60 Subpart D proposed (Opacity, SO2, NOx CEMS for FFFSGs) August 17, 1971 December 21, 1971 FRM 1-8 promulgated Emission limits were based upon good operations of control equipment 40 CFR 51 Appendix P: SIP Requirements for CEMS (nitric, sulfuric, FFFSGs and refineries) December 23, 1971 Emission limits promulgated with CEM monitoring required

No “Excess Emissions” policy by EPA Start-ups/shutdown reviewed on “case-by-case” basis by EPA for allowing excess emissions August 25,1972 Emission “Minimization” Guidance issued by EPA Compliance through initial Performance Test May 2, 1973 September 11, 1974 Minimize emissions through monitoring of emissions by CEMS 40 CFR 51 Appendix P, CEMS for Source Categories Promulgated 40 CFR 60 Appendix B: PST 1, 2, 3 Promulgated, Excess Emission Reports (EER) established, Definition of “F-Factor,” On-site Case-by-Case Cert. October 6,1975

Promulgated Excess Emission Policy by EPA for copper smelters Excess emissions during start-ups/shutdowns Allowed excess emissions 1.5 % CEMS as Compliance Test Methods November 1, 1977 December 21, 1977 EPA: “Use of CEMS to Achieve Continuous Reduction” “Never-to-Violate” policy issued by EPA (Beginning of Continuous Compliance Policy by EPA) July 8, 1978 EPA issues memo: “CEMS Used As Indicators for Continuous Compliance” EPA develops guidance for implementing CEM as “Compliance Indicators.” October 6,1975

Subpart Da promulgated where CEMS are defined as the “Compliance Method” Continuous Compliance (18 hr/d for 22 days) % reduction for SO2, Qt. Audits 30 day rolling average allowed Other Compliance Methods (FRM 6A/6B; CSA), Annual Relative Acc. Initial Performance Test, Daily Drift July 11, 1979 February 20, 1980 Proposed PST 4 for CO CEMS Revisions to App. A/B implies Appendix F, Procedure 1 requirements January 26, 1981 June 10, 1981 Kathleen Bennett memo: “Develop Regulations/Continuous Compliance”

LIDAR promulgated as Reference Method (FRM 9A) for Opacity October 28, 1981 Kathleen Bennett memo EPA’s uses of CEMS as: Source Compliance Test Methods Where Compliance Method is not identified Promoted within State regulations CEMS as O/M (Part 60.11) August 12, 1982 December 1, 1982 Promulgated FRMs 6A/6B for SO2 March/July 1983 Promulgated PST 1/2/3 revisions; PST 5 Promulgated

October 21, 1983 Proposed revisions to Subpart D: 30-day rolling average Required % monitor availability Method 6B as CEMS Appendix F, Procedure 1 implied Ed Reich memo: “Continuous Compliance Tools” FSA; FRM 6B; CEMS; Unannounced Inspections; portable Instruments, EER’s; and Baselining January 13, 1984 March 14, 1984 Proposed Appendix F, Procedure 1: Source must implement QA/QC Calculate daily zero/span drifts Quarterly Audits: GCA, RATA, RAA CEM “Out-of-Control” Conditions

Excess Emission Report (EER) Guidance issued by EPA Periodic Source Compliance Status Guidance issued by EPA March 18, 1984 Proposed Subpart Db (29-73MW) NOx/Opacity: CEMS Particulate Matter: FRM 5 June 19, 1984 October 5, 1984 Excess Emission Review Policy issued by EPA Proposed Rulemaking for Instrumental Test Methods 3A (CO/CO2); 6C (SO2), and 7E (NOx) February 28, 1985 March 6, 1985 Proposed rulemaking to allow use of gas cells/cylinders during PST if < 50% of emission standard

CSA Guidance Document Issued by EPA PST 4 (CO) promulgated and applicable to refineries August 5, 1985 September 10, 1985 Opacity CEMS proposed for Portland Cement Plants Opacity concurrent with VE during initial compliance October 1, 1985 Promulgated SO2 CEMS for Subpart LLL, On-shore Natural Gas Processors for % SO2 Reduction June/July 1986 FRMs 3A, 6C, and 7E Promulgated (Instrumental Reference Methods) Better Precision then FRMs Promulgated Gas Cells and Gas Cylinders as Part of PST 2

Promulgated rulemaking for Subpart Db (>29MW) Required Continuous Compliance Tools Implemented November 25, 1986 March 9, 1987 Proposed Rulemaking for Continuous Emission Rate Monitoring Systems (CERMS) PST 6 for Rate Monitoring Systems Proposed June 4, 1987 Promulgated Appendix F, Procedure 1 Source must implement QA/QC Calculate daily zero/span drifts Quarterly Audits: GCA, RATA, RAA CEM “Out-of-Control” Conditions March 6, 1988 Promulgated PST 6 for CERMS’s

EPAMemo states: CEMS/CSA are self-monitoring tools CEMS Used as Enforcement Tools for Subparts Da, P, Q, R, GG, LLL CEM data uses include: Direct Compliance; General Compliance Tools (i.e., Screen Sources, Select Sources for Further Action, Compliance Test) EER CEM Data for Follow-up Action and Notice of Violation March 31, 1988 July 5, 1988 SO2 Continuous Compliance Strategy Issued by EPA including: CSA & O/M of control equipment, CEMS & parameter Monitoring, FRM 6A/6B June 9, 1989 Subpart Dc Requirements Promulgated <29MW but >2.9 MW

CEMS system (SO2) Promulgated for Compliance for Subpart Dc (>29MW), Small Industrial Steam Generating Units September 12, 1990 September, 1990 NESCAUM guidance for CEMS PS and QA Requirements for Municipal Waste Combustion Facilities October 2, 1990 PST 7 (H2S) for Refinery Gas Promulgated October 7, 1992 40CFR51, Appendix M, Method 203- Proposed Draft Specifications for COMS for Continuous Compliance

November 15, 1990 Clean Air Act Amendments (CAAA) of 1990 Promulgated: Limits SO2 and NOx Emissions at Power Generating Facilities (>25MW) On A National Bases Title I: Enhanced Ozone Monitoring Title III: HAPs List of 188 HAPs 10-6 Risk Levels Control Through MACT Program Technology-based Limits Title IV: Acid Rain Use CEMS for Annual Emission Rates. CEMS Used For Emission Accountability Compare Emissions Against Allowances Allow Trading of Credits on Open Market

Clean Air Act Amendments (CAAA) of 1990 Promulgated (Cont’d): Title V: Operating Permits All Federally Enforceable Requir. Use of CEMS, COMS, PEMS etc. Title VII: Enhanced Monitoring November 15, 1990 February 11, 1991 CEMS (SO2, NOx, CO) Used for Compliance For Subpart Ea (New Municipal Waste Combustors) and CEMS (SO2, CO) for Existing Municipal Waste Combustors Promulgated BIF Regulations Continuous CO Monitoring For Good Combustion Practices for PIC CEMs (CO, O2, THC) Used for Compliance During Hazardous Waste Combustion February 21, 1991

Part 75 Allowance Trading CEM Rules Promulgated: Subpart A: General Subpart B: Monitoring (CEMS) Subpart C: O/M Revisions Subpart D: Missing Data Subpart E: Alternative Monitoring Subpart F: Recordkeeping Appendix: QA/QC, Missing Data January 11, 1993 February 19, 1993 Part 503 Sewage Sludge Incinerator CEM Rules Promulgated EPA’s Acid Rain Policy Manual Reviewed March, 1993 May 5, 1993 Part 75 Acid Rain Policy Manual issued

Acid Rain Policy Manual Update #1 May, 1993 September 30, 1993 Draft Enhanced Monitoring Reference Document Issued by EPA: Chapter 1: Overview Chapter 2: Applicability Chapter 3: Protocol Requirements Chapter 4: Identification/Selection Chapter 5: Permit Chapter 6: Performance Testing Chapter 7: Certification Chapter 8: Examples October 22, 1993 Proposed Part 64 Enhanced Monitoring (EM) Regulations Issued (Draft)

Acid Rain Policy Manual Update #2 November, 1993 September, 1994 Acid Rain Policy Manual Update #3 November, 1994 Acid Rain Policy Manual Update #4 November 15, 1994 Enhanced Monitoring Rules Submitted, then Withdrawn from Office of Management and Budget

Proposed Revisions to 40CFR60, Appendix B, PS 1 Promulgation Coordinated with part 51, Appendix M, Method 203 November 25, 1994 December 11, 1994 EPA Request Additional Comments on proposed Enhanced Monitoring Regulations December 15, 1994 PS 8 Promulgated for VOC CEMS PS 9 Promulgated for GC CEMS March 15, 1995 Proposed Enhanced Monitoring Rule Package Re-submitted to OMB

Acid Rain Policy Manual Update #5 March, 1995 April 4, 1995 The Re-Submitted Enhanced Monitoring Rule Withdrawn from OMB for Restructuring May 17, 1995 Part 75 CEM Direct Final Rule Published Part 75 CEM Interim Final Rule Published May 30, 1995 40CFR51, Appendix M, Method 25 Performance Method for Dilution Systems When Conducting Compliance Testing

Compliance Testing Assurance Monitoring (CAM Stakeholders) Meeting in Washington, DC for Restructuring New Rule May 31, 1995 July 17, 1995 Part 75 CEM Direct Final Rule Effective July 31, 1995 Acid Rain Policy Manual Update #6 September 13, 1995 Draft CAM Rule and Guidance Document Published

Second CAM Stakeholders Meeting in Durham, NC September 22, 1995 November 30, 1995 Acid Rain Policy Manual Update #7 February 13, 1996 Draft PS 11 (PM) To Evaluate Perspective PM-CEMS-OSW Draft PS 12 (Hg) To Evaluate Perspective Hg-CEMS-OSW March 8, 1996 Acid Rain Policy Manual Update #8 Proposed PS 10 Multi-metals CEMS Proposed PS 12 total Mercury CEMS April 19, 1996

Part 75 CEM Regulation: Withdrawal 7-Day Notice Requirement for RATA Rescheduling May 22, 1996 June 27, 1996 Acid Rain Policy Manual Update #9 August 2, 1996 Draft CAM Rule August 13, 1996 CAM Rederal Register Notice Pollutant-specific Provisions CAM General CAM

Draft CAM Technical Guidance Document September 3, 1996 September 10, 1996 CAM Stakeholders October 11, 1996 Acid Rain Policy Manual Update #10 November 20, 1996 Part 75 CEM Regulation Revisions and Technical Corrections to May 17, 1995 Interim Rule

Any Credible Evidence (ACE) Rule Promulgated Non-reference test data (i.e, CEMs) used for enforcement in Title V Put sources and Agencies On Same Evidentiary Basis February 24, 1997 Acid Rain Policy Manual Update #11 March 18, 1997 March 31, 1997 Proposed method 318: Extractive FTIR Method for Mineral Wool and Wool Fiberglass Industries April 8, 1997 Draft PS 15: Extractive FTIR CEMS Draft Method 320: FTIR Method for Vapor Phase Organic and Inorganic Emissions

Draft CAM Impact Analysis Cost To Affected Sources Regulatory Flexibility April 11, 1997 May 14, 1997 Pre-Proposal Draft Revisions to Part 72 and part 75 October 3, 1997 Final CAM Rule Promulgated (40CFR64) August 17, 1998 CAM Guidance Document

September 30, 1999 Promulgated PS 9 for GC CEMS February, 2000 Promulgated PS 15 for Extractive FTIR CEMS Promulgated PS 9 for GC CEMS Promulgated PS 8 for VOCs CEMS July 31, 2000 Promulgated PS 9 for GC CEMS April 16, 2001 Draft Supplement to CAM Document: Case Studies

September, 2002 Promulgated PS 8A for Total Hydrocarbon CEMS December 23, 2002 CAM Printing and Flexible Packaging Facilities Support Document February 27, 2003 Clean Sky Act of 2003 Drastically Reduce Power Plant Emissions for SO2, NOx, and Hg by Setting National Caps on Each Pollutant Voluntary Superior Monitoring (VSM) Under Consideration by EPA/EMC July 21, 2003

January 12, 2004 Promulgated PS 11 and Procedure 2 for Particulate Matter (PM) CEMS January 30, 2004 Clean Air Rules of 2004. EPA Proposes New Air Rules for Reducing Emissions of SO2, NOx, and Hg Covering 29 Eastern States in the US EPA Proposed Utility Mercury Reduction Rule Municipal Waste Combustion Rule Hospital/Medical/Infectious Waste Incinerator Rule January 30, 2004 Proposed PS 12A for Total Vapor Phase Mercury CEMS

April 30, 2004 EPA Publishes Frequently Asked Questions Associated with the CAM Regulations on EMC Web Site

’60 Little Federal Focus; State Directives ’70 Proper O/M of Control Equipment Technology-base Limits/Performance Demo CEM CEMS ’75 Performance-base Regulations NSPS Performance Specifications Promulgated Indication of Compliance COMS ‘79 Risk-based Regulations NESHAP ’87 Mass Emission Stds/Excess Emission Policy CERMS ’90-’92 Technology-base MACT PEMS ’97 Continuous Compliance/Market-base Trading CAM ’03 Compliance Monitoring VSM Determination of Compliance

Three CEMS Enforcement Programs Excursion monitoring and reporting Direct compliance monitoring Emission Accounting

Excursion Monitoring Required by most NSPS and SIP rules No explicit data validation Monitoring against emission limits with short averaging time Report only excursions

Direct Compliance Required by few NSPS and SIP rules Data validation requirements Monitoring against emission limits with long averaging time Report all rolling averages Data legally documents compliance or violation

Emission Accounting Required by special regulatory action Very extensive data validation and CEM certification Missing data procedures to provide accountability of emissions No emission limits

CEM Data As Credible Evidence Rule promulgated Feb. 24, 1997 Eliminates reliance on FRMs Non-reference test data can be used in enforcement action Rule based in CAAA of 1990 Does not change emission limits

THE 3’Rs OF CEMS Repeatability- Daily Drift Test Representativeness- Siting Requirements Reproducibility- Required Relative Accuracy Test