“Infrastructure” State Implementation Plan

to Meet the Implementation, Maintenance and Enforcement 

Requirements of the Clean Air Act

Sections 110(a)(2)(A) through (M)

for the 2010 Nitrogen Dioxide NAAQS 

May 2014

Submitted to the U.S. Environmental Protection Agency

as a Revision to the District of Columbia’s 

State Implementation Plan at 40 C.F.R Part 52, Subpart J

Prepared by:

Monitoring and Assessment Branch

Air Quality Division

District Department of the Environment

1200 First Street NE, Fifth Floor

Washington, DC 20002
DRAFT

District Department of the Environment Infrastructure SIP

May 2014

ACRONYMS

AFS Air Facility System

AQS Air Quality System

CAA Federal Clean Air Act

C.F.R. Code of Federal Regulations

DCMR District of Columbia Municipal Regulations

DDOE District Department of the Environment

EPA U.S. Environmental Protection Agency

FIP Federal Implementation Plan

FOIA District of Columbia Freedom of Information Act

GHGs Greenhouse gases

MWAQC Metropolitan Washington Air Quality Committee

MWCOG Metropolitan Washington Council of Governments

NAAQS National Ambient Air Quality Standards

NSR New Source Review

PSD Prevention of Significant Deterioration

SIP State Implementation Plan
District Department of the Environment Infrastructure SIP

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TABLE OF CONTENTS

1.0 INTRODUCTION................................................................................................................. 1

1.1 THE DISTRICT’S INFRASTRUCTURE SIP FOR THE 2008 OZONE NAAQS .......................... 1

2.0 COMPLIANCE WITH CLEAN AIR ACT § 110(A)(2) ................................................... 3

2.1 CLEAN AIR ACT § 110(A)(2)(A) ..................................................................................... 4

2.2 CLEAN AIR ACT § 110(A)(2)(B) ..................................................................................... 5

2.3 CLEAN AIR ACT § 110(A)(2)(C) ..................................................................................... 7

2.4 CLEAN AIR ACT § 110(A)(2)(D)(I) ................................................................................. 9

2.5 CLEAN AIR ACT § 110(A)(2)(D)(II) .............................................................................. 11

2.6 CLEAN AIR ACT § 110(A)(2)(E) .................................................................................... 14

2.7 CLEAN AIR ACT § 110(A)(2)(F) .................................................................................... 17

2.8 CLEAN AIR ACT § 110(A)(2)(G) ................................................................................... 20

2.9 CLEAN AIR ACT § 110(A)(2)(H) ................................................................................... 22

2.10 CLEAN AIR ACT § 110(A)(2)(I) ................................................................................. 23

2.11 CLEAN AIR ACT § 110(A)(2)(J) ................................................................................. 24

2.12 CLEAN AIR ACT § 110(A)(2)(K) ............................................................................... 27

2.13 CLEAN AIR ACT § 110(A)(2)(L) ................................................................................ 28

2.14 CLEAN AIR ACT § 110(A)(2)(M) ............................................................................... 29

3.0 CONCLUSION ................................................................................................................... 30
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1.0 Introduction

The District of Columbia’s (District’s) state implementation plan (SIP) is a complex, living 

document containing regulations, source-specific requirements, non-regulatory items such as 

plans and inventories and, in some cases, additional requirements promulgated by the U.S. 

Environmental Protection Agency (EPA). The initial SIPs for states were approved by EPA on 

May 31, 1972. SIPs can be revised with EPA approval as necessary. The federally enforceable 

SIP for the District is codified in 40 Code of Federal Regulations (C.F.R.) Part 52, Subpart J. 

This SIP revision demonstrates the authority of the District to implement, maintain, and enforce 

the requirements of the 2010 nitrogen dioxide (NO2) national ambient air quality standards 

(NAAQS). It is being submitted to EPA for approval to comply with sections 110(a)(1) and 

110(a)(2) of the Clean Air Act (CAA), which direct each state to develop and submit a plan that 

provides for the implementation, maintenance, and enforcement of each NAAQS. This type of 

SIP submission is referred to as an “infrastructure SIP.” Each state is required to submit an 

infrastructure SIP within three years after promulgation of a new or revised primary or secondary 

NAAQS to assure that the state’s federally enforceable SIP meets all applicable requirements for 

the new or revised NAAQS. 

1.1 The District’s Infrastructure SIP for the 2010 Nitrogen Dioxide NAAQS

Section 110(a)(1) of the CAA generally directs states to submit infrastructure SIPs after 

reasonable notice and public hearing. 

Section 110(a)(2) specifies the substantive elements and authorities that these submissions need 

to address, as applicable, for EPA’s approval. 

The District’s Infrastructure SIP for the 2010 NO2 NAAQS explains how the existing EPAapproved SIP or newly submitted SIP provisions satisfy the following requirements of Clean Air 

Act § 110(a)(2): 

o Subpart A – Air Emissions Reporting Requirements

o Subpart B – Ambient Air Quality Monitoring and Data System

o Subpart C – Programs for Enforcement of Control Measures (except regarding 

nonattainment new source review)

o Subpart D(i)(I) – Interstate Transport Provisions

Subpart D(i)(II) – Interstate and International Transport Provisions

o Subpart E – Adequate Personnel, Funding, and Legal Authority

o Subpart F – Procedural Requirements

o Subpart G – Control Strategy

o Subpart H – Prevention of Air Pollution Emergency Episodes

o Subpart J – Ambient Air Quality Surveillance

o Subpart K – Source Surveillance

o Subpart L – Legal Authority

o Subpart M – Intergovernmental Consultation

Two elements of Section 110(a)(2) are considered by EPA to be outside the scope of 

infrastructure SIP actions: 
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(1) Section 110(a)(2)(C) to the extent that it refers to permit programs (known as 

“nonattainment new source review”) under part D of the CAA; and 

(2) Section 110(a)(2)(I) in its entirety, which addresses SIP revisions for 

nonattainment areas. 

Both of these elements are considered by EPA to pertain to nonattainment SIPs or attainment 

plans, which are on separate schedules under the CAA.

Even though EPA infrastructure SIP guidance1does not address Section 110(a)(2)(D)(i)(I), 

which concerns interstate pollution transport affecting attainment and maintenance of the 

NAAQS, the District’s SIPs submission also addresses the transport element. 

 

1 Memorandum from Stephen D. Page to Regional Air Directors, “Guidance on Infrastructure State Implementation 

Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” (September 13, 2013).
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2.0 Compliance with Clean Air Act § 110(a)(2)

Each of the following infrastructure SIP sections identifies a specific element of CAA § 

110(a)(2), the CAA requirements pertaining to that element, where the District’s program is 

implemented to comply with that requirement, and where the District’s requirement is codified 

into the District’s federally enforceable SIP. 
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2.1 CLEAN AIR ACT § 110(a)(2)(A) –

Emission Limits and Other Control Measures

“Each plan shall [...] (A) include enforceable emission limitations and other control measures, 

means, or techniques (including economic incentives such as fees, marketable permits, and 

auctions of emissions rights), as well as schedules and timetables for compliance, as may be 

necessary or appropriate to meet the applicable requirements of this Chapter.”

The District’s Provisions

For purposes of the 2010 NO2 NAAQS, the District relies on existing EPA-approved SIP 

provisions that include enforceable limits and other measures, means, or techniques to control 

emissions. 

Explanation: Attachment A includes a list of the District’s existing EPA-approved SIP 

control measures for oxides of nitrogen (NOx), which include NO2. 

Emissions limitations and other control measures needed to attain the 2010 

NO2 NAAQS are due on a different schedule from the Section 110 

infrastructure elements and will be reviewed and acted upon with regard to 

approvability for the specific purposes of an attainment plan under CAA 

Title I Part D through a separate process at a later time. 

According to EPA’s guidance on this infrastructure SIP submission, EPA does not interpret 

Section 110(a)(2) to require air agencies and EPA to address potentially deficient pre-existing 

SIP provisions in the context of acting on an infrastructure SIP submission, particularly 

regarding:

(1) Previously approved emissions limitations that may treat startup, shutdown, and 

malfunction (SSM) events inconsistently with the CAA as interpreted by EPA’s 

longstanding guidance on excess emissions and more recently by multiple courts; 

and

(2) Previously approved SIP provisions for “director’s variance” or “director’s 

discretion” that purport to allow revisions to or exemptions from SIP emission 

limitations with limited public process or without requiring further approval by 

the EPA.

There are alternative tools in the CAA to address existing SIP deficiencies. No “new” provisions 

involving SSM, director’s variance, or director’s discretion are being submitted with this SIP 

revision. 

Where the District’s Provisions are Codified by EPA

All measures in Attachment A are codified by EPA into the District’s SIP at 40 C.F.R. § 

52.470(c) on the dates specified in Attachment A.
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2.2 CLEAN AIR ACT § 110(a)(2)(B) –

Ambient Air Quality Monitoring and Data System

“Each such plan shall [...] provide for establishment and operation of appropriate devices, 

methods, systems, and procedures necessary to:

(i) Monitor, compile, and analyze data on ambient air quality, and

(ii) Upon request, make such data available to the Administrator.”

The District’s Provisions

The District provides for the establishment and operation of appropriate devices, methods, 

systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality.

Explanation: The District has the authority to conduct ambient air quality monitoring 

under the District of Columbia Air Pollution Control Act of 1984 (APCA) 

(D.C. Official Code § 8-101.05(a)(1) (2013 Repl.)), which allows for a 

comprehensive air pollution control program including “research, 

investigations, experiments, training demonstrations, surveys, and studies, 

relating to the causes, effects, extent, prevention, and control of air 

pollution in the District of Columbia.” The District’s authority under the 

APCA is then delegated to DDOE under the District Department of the 

Environment Establishment Act of 2005 (D.C. Official Code § 8-151.07 

(2013 Repl.)). The District’s most relevant existing EPA-approved SIP 

provisions regarding public reporting of air pollution levels, which are 

determined based on the results of air quality monitoring activities, are 

found in 20 DCMR § 400 (Ambient Monitoring and Emergency 

Procedures).

DDOE monitors air quality for NAAQS pollutants at appropriate 

locations, in accordance with the EPA’s ambient air quality monitoring 

network requirements at EPA’s Ambient Monitoring Technology 

Information Center (AMTIC) website; 40 C.F.R. Part 53 (“Ambient Air 

Monitoring Reference and Equivalent Methods”); 40 C.F.R. Part 58 

(“Ambient Air Quality Surveillance”), and 40 C.F.R. § 51.190.

Monitoring activities are described in detail in the District’s ambient air 

monitoring network plans (Network Plans), which are submitted to EPA 

Region 3 annually. The 2013 Network Plan (approved by EPA on 

December 10, 2013) confirms that the District’s air monitoring program 

continues to meet federally established monitoring and data assessment 

criteria; for example, it notes that the District received grant funds to 

establish near-roadway NO2 ambient monitoring by January 1, 2015. 

DDOE submits data to EPA’s Air Quality System (AQS) in a timely manner.
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Explanation: DDOE operates and maintains air quality monitoring stations and 

equipment in the District and sends collected air samples to an EPAapproved lab for analysis. DDOE performs quality assurance checks and 

submits the data to EPA's AQS, in accordance with data reporting and 

ambient air data certification requirements at 40 C.F.R. Part 58, such as § 

58.16 on “data submittal and archiving requirements” related to the 

monitoring network. 

DDOE provides information to EPA Region 3 regarding air quality monitoring activities, 

including a description of how the air agency has complied with monitoring requirements and an 

explanation of any proposed changes to the network.

Explanation: The District submits a Network Plan every year and a periodic network 

assessment every five years, consistent with EPA’s ambient air monitoring 

regulations under 40 C.F.R. Part 58, Subpart B, specifically § 58.10.

Each Network Plan also serves as prior notification to EPA of any proposed changes to the 

ambient air monitoring sites or measurement methods. It provides descriptions of any proposed 

changes to the District’s network, the reason for each change (such as whether a change is in 

response to changes in monitoring requirements related to a new or revised NAAQS), and any 

other information relevant to the change.

DDOE obtains EPA’s approval of any planned changes to monitoring sites or to the network.

Explanation: EPA Region 3 Administrator sends a letter annually to the District 

indicating whether the Network Plan and any proposed changed to the 

network meet all applicable monitoring requirements.

As necessary, the District will make any changes to the network to meet

monitoring requirements related to the 2010 NO2 NAAQS and indicate 

these changes in a subsequent Network Plan to EPA, consistent with 

applicable requirements in 40 C.F.R. § 58.14 on “system modification.”

Where the District’s Provisions are Codified by EPA

o D.C. Official Code § 8-101.05 (2013 Repl.) and D.C. Official Code § 8-151.07 (2013 

Repl.): Submitted as a copy with this SIP revision

o 20 DCMR Chapter 4, Sections 400 and 499: At 40 C.F.R. § 52.470(c), approved into the 

District’s SIP on 8/28/1995 (60 Fed. Reg. 44431) 
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2.3 CLEAN AIR ACT § 110(a)(2)(C) –

Programs for Enforcement of Control Measures

“Each plan shall [...] include a program to provide for the enforcement of the measures 

described in subparagraph (A), and regulation of the modification and construction of any 

stationary source within the areas covered by the plan as necessary to assure that national 

ambient air quality standards are achieved, including a permit program as required in parts C 

and D of this subchapter.”

The District’s Provisions

The District has provisions that provide for enforcement of the emission limits and control 

measures identified in Section 2.1 of this document.

Explanation: Enforcement – Elements of the District’s enforcement program that are in 

the SIP, including monitoring, recordkeeping, and reporting requirements, 

are found in parts of 20 DCMR Chapters 1 and 5 (e.g., Section 500 

includes requirements for records and reports, and § 501 includes 

requirements for monitoring devices). The provisions provide for 

enforcement of the emission limits and control measures identified in this 

document under Element A (Section 2.1, Attachment A).

The District has provisions approved in the SIP that implement a minor source preconstruction 

program (for new minor sources and minor modifications to existing major sources) for all 

NAAQS pollutants.

Explanation: Minor New Source Review (NSR) – Title 20 DCMR Chapter 2 contains 

preconstruction permit requirements for new minor sources, modifications

of minor sources, and minor modifications at major stationary sources for 

all pollutants regulated under the CAA regardless of the District’s 

nonattainment status, as addressed at 40 C.F.R. §§ 51.160 through 51.164. 

There is a comprehensive Prevention of Significant (PSD) permit program under CAA Title I 

Part C for all major sources of a regulated pollutant under the Clean Air Act for which the

District is designated attainment or unclassifiable. 

Explanation: Major Source PSD – The District relies on a Federal Implementation Plan 

(FIP) containing the Federal PSD permitting requirements in 40 C.F.R. § 

52.21. The Federal PSD program governs preconstruction review and 

permitting of any new or modified major stationary source of air 

pollutants regulated under the CAA (including precursors) in areas 

designated as attainment or unclassifiable, as required at 40 C.F.R. §§ 

51.166 (general provisions for PSD programs approved in SIPs) and 

51.307 (specific provisions pertaining to new source review (NSR) for 

potential impacts on air quality related values in Class I areas).
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The FIP is administered by EPA. DDOE has not been delegated the 

authority to implement the PSD FIP program and will continue to rely on 

EPA’s PSD FIP to have major source permits issued pursuant to the FIP.2

According to EPA’s infrastructure SIP guidance (see footnote 1), EPA 

interprets the portion of CAA Section 110(a)(2(C) that pertains to a permit 

program known as “nonattainment NSR” within nonattainment areas to 

be outside the scope of this infrastructure SIP. 

Where the District’s Provisions are Codified by EPA

o 20 DCMR Chapter 1, Sections 100 and 199: At 40 C.F.R. § 52.470(c), approved into the 

District’s SIP on 4/29/2013 (78 Fed. Reg. 24992)

o 20 DCMR Chapter 1, Sections 101, 102, 104, 105, 106, 107: At 40 C.F.R. § 52.470(c), 

approved into the District’s SIP on 8/28/1995 (60 Fed. Reg. 44431)

o 20 DCMR Chapter 5, Sections 500.1 to 500.3, 501, and 502.1 through 502.15: At 40 

C.F.R. § 52.470(c), approved into the District’s SIP on 8/28/1995 (60 Fed. Reg. 44431)

o 20 DCMR Chapter 5, Sections 500.4 and 500.5: At 40 C.F.R. § 52.470(c), approved into 

the District’s SIP on 1/26/1995 (60 Fed. Reg. 5134)

o 20 DCMR Chapter 5, Sections 500.6, 502.17, and 599: At 40 C.F.R. § 52.470(c), 

approved into the District’s SIP on 10/27/1999 (64 Fed. Reg. 57777)

o 20 DCMR Chapter 5, Sections 500.7: At 40 C.F.R. § 52.470(c), approved into the 

District’s SIP on 5/26/1995 (60 Fed. Reg. 27944)

o 20 DCMR Chapter 5, Section 502.18: At 40 C.F.R. § 52.470(c), approved into the 

District’s SIP on 5/9/2001 (66 Fed. Reg. 23614)

o 20 DCMR Chapter 2, Sections 200, 201, 202, 206, 299: At 40 C.F.R. § 52.470(c), 

approved into the District’s SIP on 7/31/1997 (62 Fed. Reg. 40937)

o 20 DCMR Chapter 2, Section 204: At 40 C.F.R. § 52.470(c), approved into the District’s 

SIP on 12/28/2004 (49 Fed. Reg. 77647)

o Federal PSD program requirements of 40 C.F.R. § 52.21: Referenced in the District’s SIP 

at 40 C.F.R. § 52.499, approved at 68 Fed. Reg. 74488, December 24, 2003

 

2 According to EPA’s infrastructure SIP guidance (see footnote 1), EPA cannot fully approve the infrastructure SIP 

submission with respect to Element C; however, EPA anticipates that there will be no adverse consequences to 

DDOE or to sources from this lack of full approval of the infrastructure SIP. 
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2.4 CLEAN AIR ACT § 110(a)(2)(D)(i) –

Interstate Transport Provisions

“Each such plan shall [...] contain adequate provisions 

(i) Prohibiting, consistent with the provisions of this subchapter, any source or other 

type of emissions activity within the state from emitting any air pollutant in 

amounts which will:

(I) Contribute significantly to nonattainment in, or interfere with 

maintenance by, any other State with respect to any such national primary 

or secondary ambient air quality standard, or

(II) Interfere with measures required to be included in the applicable 

implementation plan for any other State under part C of this subchapter to 

prevent significant deterioration of air quality or to protect visibility.”

The District’s Provisions

Section 110(a)(2)(D)(i)(I) addresses any emissions activity in one state that contributes 

significantly to nonattainment, or interferes with maintenance, of the NAAQS in another state. 

These requirements are sometimes referenced as prong 1 (significant contribution to 

nonattainment) and prong 2 (interference with maintenance). See Attachment B for a discussion 

on transport. 

Element D(i)(II) requires SIPs to include provisions prohibiting any source from interfering with 

measures required of any other state to prevent significant deterioration of air quality or from 

interfering with measures required of any other state to protect visibility in Class I areas. 

Interference with PSD is sometimes referred to as prong 3, and interference with visibility 

protection is prong 4.

Prong 3 – The District prohibits interference with any other air agency’s SIP provisions designed 

to prevent significant deterioration of air quality.

Explanation: New major sources and major modifications at minor and major sources in 

the District, when the area is designated attainment or unclassifiable for a 

NAAQS, are subject to a PSD FIP, which contains the comprehensive 

Federal PSD permitting program in 40 C.F.R. § 52.21. The Federal PSD 

Program, which applies to all regulated NSR pollutants, is implemented by 

EPA to meet the PSD requirements under Element C. The PSD FIP fully 

considers source impacts on air quality in other states.

Sources within the District that are not subject to the PSD program for one 

or more of the pollutants subject to regulation under the CAA due to a 

nonattainment status may also have the potential to interfere with PSD in 

an attainment or unclassifiable area of another state. There are no 
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nonattainment areas for NO2 in the District, surrounding areas, or 

(according to EPA) the entire country. In case the District or a nearby 

area ever does become a nonattainment area for NO2, the District’s 

nonattainment NSR program (20 DCMR § 204), approved by EPA and in 

the District’s SIP, is adequate for purposes of meeting the requirement of 

prong 3 for NO2 sources and other pollutants subject to this program.

Prong 4 – The District has adequately addressed any contribution of District sources to impacts 

on visibility program requirements in other states.

Explanation: The District’s Regional Haze Program to address visibility impairment in 

Class I areas was approved by EPA into the District SIP on February 2, 

2012 (77 Fed. Reg. 5191). It fully meets the requirements of 40 C.F.R. §§ 

51.308 and 51.309, which require that a state participating in a regional 

planning process (such as the Mid-Atlantic/Northeast Visibility Union, or 

MANE-VU) include all measures needed to achieve its apportionment of 

emission reduction obligations agreed upon through that process.

NO2 and NOx are not key contributors to visibility impairment. As noted 

in the District’s Regional Haze Plan, “NOx emissions contribute to 

visibility impairment in the eastern U.S. by forming light-scattering nitrate 

particles. Nitrate generally accounts for a substantially smaller fraction of 

fine particulate mass and related light extinction than sulfate and organic 

carbon at northeastern Class I sites” (page 47). Nitrates, a derivative of 

NOx, are more important than NO2. Even nitrates were not a focus of 

regional haze emissions reductions efforts in the District or nearby states 

because of the minor role they play in visibility impairment throughout the 

region.

Thus, no NO2 source in the District is expected to impair visibility at any 

Class I area. Visibility issues related to NO2 have been addressed in the 

District’s SIP-approved Regional Haze Program.

Where the District’s Provisions are Codified by EPA

o Federal PSD program requirements of 40 C.F.R. § 52.21: Referenced in the District’s SIP 

at 40 C.F.R. § 52.499, approved at 68 Fed. Reg. 74488, December 24, 2003

o 20 DCMR Chapter 2 § 204: At 40 C.F.R. § 52.470(c), approved into the District’s SIP on 

12/28/2004 (69 Fed. Reg. 77647)

o Regional Haze SIP: At § 52.470(e), approved into the District’s SIP on 2/2/2012 (77 Fed. 

Reg. 5191)
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2.5 CLEAN AIR ACT § 110(a)(2)(D)(ii) –

Interstate and International Transport Provisions

“Each such plan shall [...] contain adequate provisions:

(ii) Insuring compliance with the applicable requirements of sections 115 and 126(b) 

that involve [NAAQS pollutant] emissions (relating to interstate and international 

pollution abatement).” 

Interstate Pollution Abatement:

Section 126(a): Each applicable implementation plan shall –

(1) Require each major proposed new (or modified) source –

(A) Subject to part C (relating to significant deterioration of air quality), or

(B) Which may significantly contribute to levels of air pollution in excess of 

the national ambient air quality standards in any air quality control 

region outside the State in which such source intends to locate (or make 

such modification), to provide written notice to all nearby States the air 

pollution levels of which may be affected by such source at least sixty 

days prior to the date on which commencement of construction is to be 

permitted by the State providing notice, and

(2) Identify all major existing stationary sources which may have the impact 

described in paragraph (1) with respect to new or modified sources and provide 

notice to all nearby States of the identity of such sources not later than three 

months after the date of enactment of the Clean Air Act Amendments of 1977.

Section 126.

(b) Any State or political subdivision may petition the Administrator for a finding that 

any major source or group of stationary sources emits or would emit any air

pollutant in violation of the prohibition of section 110(A)(2)(D)(ii)

3

or this 

section. Within 60 days after receipt of any petition under this subsection and 

after public hearing, the Administrator shall make such a finding or deny the 

petition.

(c) Notwithstanding any permit which may have been granted by the State in

which the source is located (or intends to locate), it shall be a violation of [this

section and] the applicable implementation plan in such State –

(1) For any major proposed new (or modified) source with respect to which a

finding has been made under subsection (b) to be constructed or to 

operate in violation of [this section and] the prohibition of section 

110(a)(2)(D)(ii) or this section, or

(2) For any major existing source to operate more than three months after 

such finding has been made with respect to it.

 

3 According to EPA guidance, the cross-reference is a scrivener’s error. Congress intended to refer to section 

110(a)(2)(D)(i). See Appalachian Power Co. v. EPA, 249 F.3d-1032, 1040-44 (D.C. Cir. 2001).
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The Administrator may permit the continued operation of a source 

referred to in paragraph (2) beyond the expiration of such three-month 

period if such source complies with such emission limitations and 

compliance schedules (containing increments of progress) as may be 

provided by the Administrator to bring about compliance with the 

requirements contained in section 110(a)(2)(D)(ii) as expeditiously as 

practicable, but in no case later than three years after the date of such 

finding. Nothing in the preceding sentence shall be construed to preclude

any such source from being eligible for an enforcement order under

section 113(d) after the expiration of such period during which the 

Administrator has permitted continuous operation.

International Pollution Abatement:

Sec. 115. 

(a) Whenever the Administrator, upon receipt of reports, surveys or studies from any 

duly constituted international agency has reason to believe that any air pollutant 

or pollutants emitted in the United States cause or contribute to air pollution 

which may reasonably be anticipated to endanger public health or welfare in a 

foreign country or whenever the Secretary of State requests him to do so with 

respect to such pollution which the Secretary of State alleges is of such a nature, 

the Administrator shall give formal notification thereof to the Governor of the 

State in which such emissions originate.

(b) The notice of the Administrator shall be deemed to be a finding under section 

110(a)(2)(H)(ii) which requires a plan revision with respect to so much of the 

applicable implementation plan as is inadequate to prevent or eliminate the 

endangerment referred to in subsection (a). Any foreign country so affected by 

such emission of pollutant or pollutants shall be invited to appear at any public 

hearing associated with any revision of the appropriate portion of the applicable 

implementation plan.

The District’s Provisions

§ 126(a) – The District relies on a Federal Implementation Plan (FIP) containing the Federal 

PSD permitting requirements of 40 C.F.R. § 52.21 for all regulated pollutants for which the 

District is meeting the NAAQS or considered unclassifiable. Federal PSD rules fully address the 

notification issue of § 126(a)(1) through the requirements of 40 C.F.R. § 52.21(q) and 40 C.F.R. 

§ 124.10(c)(vii). 

According to EPA’s infrastructure SIP guidance, the requirements stated in CAA Section 

126(a)(2) were a one-time obligation on states that does not apply to EPA’s review of 

infrastructure SIP submissions.

§ 126(b) and (c) – No source or sources within the District have ever been the subject of an 

active finding under Section 126 of the CAA, and no substantive SIP requirements have been 

imposed by the EPA Administrator for the 2010 NO2 NAAQS. 
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§ 115 – There have never been final findings under Section 115 of the CAA against the District

with respect to the 2010 NO2 NAAQS. 

Where the District’s Provisions are Codified by EPA

o Federal PSD program requirements of 40 C.F.R. § 52.21: Referenced in the District’s SIP 

at 40 C.F.R. § 52.499, approved at 68 Fed. Reg. 74488, December 24, 2003
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2.6 CLEAN AIR ACT § 110(a)(2)(E) –

Adequate Personnel, Funding, and Legal Authority

“Each such plan shall [...] provide

(i) Necessary assurances that the state (or, except where the Administrator deems 

inappropriate, the general purpose local government or governments, or a 

regional agency designated by the state or general purpose local governments for 

such purpose) will have adequate personnel, funding, and authority under state 

(and, as appropriate, local) law to carry out such implementation plan (and is not 

prohibited by any provision of federal or state law from carrying out such 

implementation plan or portion thereof);

(ii) Requirements that the state comply with the requirements respecting state boards 

under section 128, and

(iii) Necessary assurances that, where the state has relied on a local or regional 

government, agency, or instrumentality for the implementation of any plan 

provision, the state has responsibility for ensuring adequate implementation of 

such plan provision.”

The District’s Provisions

DDOE has adequate personnel and funding to implement the 2010 NO2 NAAQS.

Explanation: Since the District is a single jurisdiction, DDOE is able to implement and 

enforce SIP provisions without the service of other organizations.

The following organizations typically participate in planning and 

developing SIP provisions for the District, in accordance with 40 C.F.R. 

Part 51, Subpart M (“Intergovernmental Consultation”), and require 

resources from DDOE to do so:

o The Metropolitan Washington Air Quality Committee (MWAQC), an 

organization that has been certified by the Governors of Maryland and 

Virginia and the Mayor of the District of Columbia under Section 174 

of the CAA and includes representatives of local governments and 

agencies. MWACQ members are elected officials of the Metropolitan 

Washington Council of Governments (MWCOG) member 

jurisdictions plus members from Charles (Maryland), Calvert

(Maryland), and Stafford (Virginia) counties; the air and transportation 

directors of the District, Maryland, and Virginia; members of the 

Maryland and Virginia General Assemblies; and the chair of the 

Transportation Planning Board (TPB). MWAQC coordinates air 

quality planning activities among MWCOG, other external 

committees, and the TPB; resolves policy differences; and adopts air 

quality plans for transmittal to the District, Maryland and Virginia.
District Department of the Environment Infrastructure SIP

May 2014

Page 15

o The Interstate Air Quality Council (IAQC) is a cabinet-level 

collaboration between the District of Columbia, the State of Maryland, 

and the Commonwealth of Virginia, comprised of the secretaries of the 

environment and transportation. IAQC resolves difficult issues if 

needed to ensure the mutual goals of improved air quality and efficient 

transportation are met. 

A copy of the agreement between MWAQC and DDOE was submitted 

with the 2008 Lead NAAQS Infrastructure SIP, which was approved by

EPA on October 22, 2013 (78 Fed. Reg. 62455). In accordance with 40 

C.F.R. § 51.240 (“general plan requirements”), each NAAQS-specific SIP

revision identifies the responsibilities of any participating organizations 

and refers to official agreements among the organizations. 

As required in 40 C.F.R. Part 51, Subpart O (“Miscellaneous Plan Content 

Requirements”), the following funding resources are available to DDOE 

(and MWAQC, as appropriate) to help carry out the SIP obligations: Title 

V permit fees (20 DCMR § 305), CAA Section 105 federal grant funds, 

CAA Section 103 federal grant funds, and the District’s local match. 

Funding from the District Department of Transportation (DDOT) is used 

to fund Transportation Related Air Pollution Program (TRAPP) efforts. 

DDOT receives federal allocations from the Federal Transit 

Administration (FTA) and Federal Highway Administration (FHWA) to 

fund TRAPP. Funding from fees for motor vehicle inspections is 

collected by the District of Columbia Department of Motor Vehicles to 

implement the vehicle inspection and maintenance program. 

These funding resources are available as of the date of this infrastructure 

SIP submission and are expected during the five years following the 

submission. DDOE does not anticipate any serious challenges to the 

continued acquisition of these funds. DDOE anticipates both adequate 

personnel and funding to meet any changes in resources for 

implementation of the 2010 NO2 NAAQS. 

As the responsible organization, DDOE assures EPA that it has adequate statutory authority to 

carry out its SIP obligations with respect to the 2010 NO2 NAAQS. 

Explanation: As required in Subpart L of 40 C.F.R. Part 51 (“legal authority”), 

particularly §§ 51.230 and 51.231, and Subpart O, the District has the 

authority to carry out its SIP obligations for the 2010 NO2 NAAQS under 

the APCA (D.C. Official Code § 8-101.05(b)(5) (2013 Repl.)), which 

allows for “any...action which may be necessary to carry out the mayoral 

duties” related to implementation of a comprehensive air pollution control 

program. The District’s authority under the APCA is then delegated to 

DDOE under the District Department of the Environment Establishment 

Act of 2005 (D.C. Official Code § 8-151.07 (2013 Repl.)). DDOE is not 
District Department of the Environment Infrastructure SIP

May 2014

Page 16

prohibited by any District of Columbia law from revising the SIP as 

necessary or carrying out any part of the implementation plan. 

The District has SIP-approved provisions that comply with the requirements of CAA Section 128 

pertaining to boards, bodies, and personnel involved in approving permits or enforcement orders. 

The District also has substantive provisions that require the disclosure of potential conflicts of 

interest. 

Explanation: The District does not have a “board or body” to approve permits or 

enforcement orders, as required under paragraph (a)(1) of CAA Section 

128. The requirements of § 128(a)(2) are met by the District’s SIPapproved conflict of interest provisions in §§ 1-1161.01, 1-1162.23, 

1162.24, and 1162.25 of the D.C. Official Code (also called the “CAA 

section 128 requirements in relation to State Boards”), which require a 

high level of ethical conduct for all employees and public officials of the 

District government and the disclosure of potential conflicts of interest. 

As a single jurisdiction, the District of Columbia does not rely on local or regional entities for 

carrying out any SIP obligations, so it maintains responsibility for ensuring adequate 

implementation of plan provisions with respect to the 2010 NO2 NAAQS or any NAAQS.

Where the District’s Provisions are Codified by EPA

o 2008 Lead NAAQS Infrastructure SIP: At § 52.470(e), approved into the District’s SIP 

on 10/22/2013 (78 Fed. Reg. 62455); includes a certification that MWAQC will help the 

District carry out SIP planning requirements

o D.C. Official Code § 8-101.05 (2013 Repl.) and D.C. Official Code § 8-151.07 (2013 

Repl.): Submitted as a copy with this SIP revision

o D.C. Official Code §§ 1-1161.01, 1-1162.23, 1162.24, and 1162.25: At 40 C.F.R. § 

52.470(c), approved into the District’s SIP on 10/22/2013 (78 Fed. Reg. 62455)
District Department of the Environment Infrastructure SIP

May 2014

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2.7 CLEAN AIR ACT § 110(a)(2)(F) –

Stationary Source Monitoring and Reporting

“Each such plan shall [...] require, as may be prescribed by the Administrator

(i) The installation, maintenance, and replacement of equipment, and the 

implementation of other necessary steps by owners or operators of stationary 

sources to monitor emissions from such sources, 

(ii) Periodic reports on the nature and amounts of emissions and emissions-related 

data from such sources,

(iii) Correlation of such reports by the state agency with any emission limitations or 

standards established pursuant to this Act, which reports shall be available at 

reasonable times for public inspection.”

The District’s Provisions

DDOE’s air quality program has provisions for source monitoring, including periodic testing and 

inspection of stationary sources, to provide for the identification of allowable test methods. The 

air quality program does not contain any provisions that prevent the use of credible evidence of 

noncompliance.

Explanation: As required by 40 C.F.R § 51.212 (“Testing, inspection, enforcement, and 

compliance”), DDOE’s program for source monitoring, including testing 

and inspection, is described in the SIP-approved provisions of 20 DCMR 

Chapter 1 (General Rules), Chapter 2 (General and Non-Attainment Area 

Permits), Chapter 3 (Operating Permits and Acid Rain Programs) § 307 

(“Enforcement for Severe Ozone Nonattainment Areas”), and Chapter 5 

(“Source Monitoring and Testing”) § 502 (“Sampling, Tests and 

Measurements”).

The District has the authority to conduct stationary source monitoring 

under the APCA (D.C. Official Code §§ 8-101.05(a)(1)(2013 Repl.)), 

which allows for a comprehensive air pollution control program including 

“research, investigations, experiments, training demonstrations, surveys, 

and studies, relating to the causes, effects, extent, prevention, and control 

of air pollution in the District of Columbia.” The District’s authority 

under the APCA is then delegated to DDOE under the District Department 

of the Environment Establishment Act of 2005 (D.C. Official Code § 8-

151.07 (2013 Repl.)).
District Department of the Environment Infrastructure SIP

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DDOE also requires periodic reporting of emissions and emissions-related data by stationary 

sources to DDOE.

Explanation: As required by Title 40 C.F.R. § 51.211 (“Emissions reports and 

recordkeeping”); Title 40 C.F.R. §§ 51.321 to 51.323 (“Source emissions 

and state action reporting”); and Title 40 C.F.R. Part 51, Subpart A (“Air 

Emissions Reporting Requirements”), emissions-related data from sources 

is submitted to DDOE on an annual basis in compliance with the District’s 

permitting requirements at 20 DCMR Chapter 2 (General and NonAttainment Area Permits).

Emissions reports from DDOE to EPA do not go through the EPA 

Regional Office, since that requirement has been superseded in practice by 

electronic reporting procedures of 40 C.F.R. § 51.45(b). DDOE submits 

emissions inventory data to EPA’s Emissions Inventory System as 

currently required. The District will meet changes in reporting and 

inventory requirements associated with the 2010 NO2 NAAQS as 

necessary. 

The District has the authority to require periodic reporting under the 

APCA (D.C. Official Code § 8-101.05(a)(2) (2013 Repl.)), which allows 

the Mayor to “collect...information pertaining to...the activities carried 

out” in support of the District’s comprehensive air pollution control 

program. The District’s authority under the APCA is then delegated to 

DDOE under the District Department of the Environment Establishment 

Act of 2005 (D.C. Official Code § 8-151.07 (2013 Repl.)).

DDOE’s requirements also provide for: (1) correlation by DDOE of emissions reports by sources 

with applicable emission limitations and standards, as required under 40 C.F.R. § 51.116 (“Data 

availability”); and (2) the public availability of emission reports by sources.

Explanation: The District has the authority to review emissions reports submitted by 

stationary sources under the APCA (D.C. Official Code § 8-101.05(a)(1) 

and (b)(3) (2013 Repl.)), which allow for, “research, investigations...” as 

well as “any other action” that may be necessary to carry out the air 

pollution control program. DDOE air quality inspectors correlate the 

emissions data with any applicable emissions limitations or standards. 

Data in the reports reflect the test method(s) and averaging period(s) 

specified in the applicable emissions limitations and standards, as required 

in a stationary source’s specific permits.

All emissions reports are available for public inspection through the 

District’s normal administrative procedures, such as under the District of 

Columbia’s Freedom of Information Act (FOIA) (D.C. Official Code § 2-

531 et seq. (2013 Repl.)). 
District Department of the Environment Infrastructure SIP

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Where the District’s Provisions are Codified by EPA

o 20 DCMR Chapter 1, Sections 100 and 199: At 40 C.F.R. § 52.470(c), approved on 

4/29/2013 (78 Fed. Reg. 24992)

o 20 DCMR Chapter 1, Sections 101, 102, 104, 105, 106, 107: At 40 C.F.R. § 52.470(c), 

approved into the District’s SIP on 8/28/1995 (60 Fed. Reg. 44431)

o 20 DCMR Chapter 2, Sections 200, 201, 202, 206, 299: At 40 C.F.R. § 52.470(c), 

approved into the District’s SIP on 7/31/1997 (62 Fed. Reg. 40937)

o 20 DCMR Chapter 2, Section 204: At 40 C.F.R. § 52.470(c), approved into the District’s 

SIP on 12/28/2004 (49 Fed. Reg. 77647)

o 20 DCMR § 307: At 40 C.F.R. §52.470(c), approved into the District’s SIP on 

12/28/2004 (69 Fed. Reg. 77639)

o 20 DCMR Chapter 5 Sections 502.1 through 502.15: At 40 C.F.R. § 52.470(c), approved 

into the District’s SIP on 8/28/1995 (60 Fed. Reg. 44431)

o 20 DCMR Chapter 5, Section 502.17: At 40 C.F.R. § 52.470(c), approved into the 

District’s SIP on 10/27/1999 (64 Fed. Reg. 57777)

o 20 DCMR Chapter 5, Section 502.18: At 40 C.F.R. § 52.470(c), approved into the 

District’s SIP on 5/9/2001 (66 Fed. Reg. 23614)

o D.C. Official Code § 8-101.05 (2013 Repl.) and D.C. Official Code § 8-151.07 (2013 

Repl.): Submitted as a copy with this SIP revision
District Department of the Environment Infrastructure SIP

May 2014

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2.8 CLEAN AIR ACT § 110(a)(2)(G) –

Emergency Episodes

“Each such plan shall [...] provide for authority comparable to that in section 303 and adequate 

contingency plans to implement such authority.”

The District’s Provisions

The District has authority comparable to that of the EPA Administrator under Section 303 of the 

CAA to seek a court order to restrain any source from causing or contributing to emissions that 

present “an imminent and substantial endangerment to public health or welfare, or the 

environment.”

Explanation: The District has the authority to implement SIP-approved provisions under 

the APCA (D.C. Official Code § 8-101.05(b)(5) (2013 Repl.)), which 

allows for “any...action which may be necessary to carry out the mayoral 

duties” related to implementation of a comprehensive air pollution control 

program. The District’s authority under the APCA is then delegated to 

DDOE under the District Department of the Environment Establishment 

Act of 2005 (D.C. Official Code § 8-151.07 (2013 Repl.)).

SIP-approved provisions to restrain sources as necessary are in 20 DCMR 

Chapter 4 (Ambient Monitoring, Emergency Procedures, Chemical 

Accident Prevention and Conformity), Section 401 (Emergency 

Procedures). Section 401 provides the Mayor with authority to restrain 

any source from causing or contributing to emissions that present an 

imminent and substantial endangerment to public health, welfare, or the 

environment or to take other action as may be necessary. 

The District meets the applicable requirements of 40 C.F.R. Part 51, Subpart H (40 C.F.R. §§ 

51.150 through 51.153, “prevention of air pollution emergency episodes”) for the 2010 NO2

NAAQS. 

Explanation: EPA requires an emergency episode plan for Priority I areas. The District 

(as part of the “National Capital Interstate”) is classified as a Priority 3 

area for NO2 (40 C.F.R. § 52.471), so is not required to develop an 

emergency episode plan for NO2. The 2008 8-hour ozone infrastructure 

SIP, proposed in the D.C. Register on April 11, 2014 (61 DCR 003781, 

Notice ID: 4842451), for submission to EPA as a SIP revision, includes 

the District’s Emergency Episode Plan for other applicable pollutants. 

Where the District’s Provisions are Codified by EPA

o D.C. Official Code § 8-101.05 (2013 Repl.) and D.C. Official Code § 8-151.07 (2013 

Repl.): Submitted as a copy with this SIP revision
District Department of the Environment Infrastructure SIP

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o 20 DCMR § 401: At 40 C.F.R. § 52.470(c), approved into the District’s SIP on 8/28/1985 

(60 Fed. Reg. 44431)
District Department of the Environment Infrastructure SIP

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2.9 CLEAN AIR ACT § 110(a)(2)(H) –

Future SIP Revisions

“Each such plan shall [...] provide for revision of such plan:

(i) From time to time as may be necessary to take account of revisions of such 

national primary or secondary ambient air quality standard or the availability of 

improved or more expeditious methods of attaining such standard, and

(ii) Except as provided in paragraph (3)(C), whenever the Administrator finds on the 

basis of information available to the Administrator that the plan is substantially 

inadequate to attain the national ambient air quality standard which it 

implements, or to otherwise comply with any additional requirements established 

under this chapter (CAA).”

The District’s Provisions

DDOE has the authority to revise its CAA Section 110 SIP from time to time as may be 

necessary to (1) take into account revisions of primary or secondary NAAQS or the availability 

of improved or more expeditious methods of attaining such standards; and (2) in the event that 

the EPA Administrator finds it to be substantially inadequate. 

Explanation: The District has the authority to revise the SIP as necessary under the 

APCA (D.C. Official Code § 8-101.05(b)(5) (2013 Repl.)), which allows 

for “any...action which may be necessary to carry out the mayoral duties” 

related to implementation of a comprehensive air pollution control 

program. The District’s authority under the APCA is then delegated to 

DDOE under the District Department of the Environment Establishment 

Act of 2005 (D.C. Official Code § 8-151.07 (2013 Repl.)). SIP revisions 

are submitted to EPA for approval. 

Actions will be taken as required under 40 C.F.R. Part 51, Subpart F 

(“Procedural Requirements”), specifically, 40 C.F.R. § 51.104 

(“Revisions”).

Where the District’s Provisions are Codified by EPA

o D.C. Official Code § 8-101.05 (2013 Repl.) and D.C. Official Code § 8-151.07 (2013 

Repl.): Submitted as a copy with this SIP revision
District Department of the Environment Infrastructure SIP

May 2014

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2.10 CLEAN AIR ACT § 110(a)(2)(I) –

Plan Revisions for Nonattainment Areas

“Each such plan shall [...]

(I) in the case of plan or plan revision for an area designated as a nonattainment 

area, meet the applicable requirements of part D of this subchapter (relating to 

nonattainment areas).”

The District’s Provisions

According to EPA’s infrastructure SIP guidance and its interpretation of the CAA, Element I 

does not need to be addressed in the context of an infrastructure SIP. The specific SIP 

submissions for designated nonattainment areas, as required under CAA Title I Part D, are 

subject to a different time schedule than those for Section 110 infrastructure elements and will be 

reviewed and acted upon through a separate process.
District Department of the Environment Infrastructure SIP

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2.11 CLEAN AIR ACT § 110(a)(2)(J) –

Consultation with Government Officials, Public Notification;

PSD and Visibility Protection

“Each such plan shall [...] meet the applicable requirements of section 121 of this title (relating 

to consultation), section 127 of this title (relating to public notification), and part C of this 

subchapter (relating to prevention of significant deterioration of air quality and visibility 

protection).” 

The District’s Provisions

Consultation with identified officials on certain actions – Consistent with CAA Section 121, the 

District has established processes for consultation with general-purpose local governments, 

designated organizations of elected officials of local governments, and federal land managers (as 

appropriate).

Explanation: The District has the authority to consult with general purpose local 

governments, designated organizations of elected officials of local 

governments, and federal land managers (FLMs) under the APCA (D.C. 

Official Code §§ 8-101.05(a)(3) and (b)(5) (2013 Repl.)), which allow the 

Mayor to “advise, cooperate, and enter into agreements with the 

governments or agencies of any state or political subdivision adjacent to 

the District of Columbia and any interstate or other regional agency 

representing these states or political subdivisions...”; and which allow for 

“any...action which may be necessary to carry out the mayoral duties” 

related to implementation of a comprehensive air pollution control 

program. The District’s authority under the APCA is then delegated to 

DDOE under the District Department of the Environment Establishment 

Act of 2005 (D.C. Official Code § 8-151.07 (2013 Repl.)). In most cases, 

the process takes place through MWAQC according to a set of bylaws that 

are reviewed and adopted annually. More about MWAQC can be found 

under Element E.

Through MWAQC, there are interagency and public consultation 

provisions specifically associated with the transportation conformity 

process, as included in 20 DCMR Chapter 15, specifically §§ 1506 and 

1507.

Consultation with FLMs occurs through a separate process, as specified in 

the District’s Regional Haze SIP, which was approved by EPA on

February 2, 2012 (77 Fed. Reg. 5191).

Public notification – DDOE regularly notifies the public of instances or areas in which the new 

or revised primary NAAQS are exceeded; advises the public of the health hazards associated 

with such exceedances; and enhances public awareness of measures that can prevent such 
District Department of the Environment Infrastructure SIP

May 2014

Page 25

exceedances and of ways in which the public can participate in regulatory and other efforts to 

improve air quality.

Explanation: To meet the requirements of 40 C.F.R. § 51.285 (“Public notification”) as 

stated in Section 127 of the CAA, Title 20 DCMR Chapter 4 (Ambient 

Monitoring, Emergency Procedures, Chemical Accident Prevention and 

Conformity) Section 400 (Air Pollution Reporting Index) requires District 

cooperation with MWCOG to ensure that air pollution levels are 

uniformly reported to the public throughout the region. EPA’s colorcoded and numerical Air Quality Index (AQI) is used to communicate 

how clean or polluted the air is and what associated health effects may be 

of concern on a daily basis. The general public is regularly notified of and 

educated about NAAQS exceedances. 

The public is also educated on behalf of the District by Clean Air Partners, 

a nonprofit partnership chartered by the MWCOG and the Baltimore 

Metropolitan Council that works with businesses, organizations, and 

individuals throughout the region to raise awareness and reduce air 

pollution through voluntary actions. Clean Air Partners provides air 

quality forecasts and related information through AirAlerts to a network of 

participants, and distribute air quality curriculum to schools. 

Prevention of significant deterioration – Please refer to the response to Element C.

Visibility protection – According to EPA’s infrastructure guidance and its interpretation of the 

CAA, the requirements of this part of Element J do not need to be addressed in an infrastructure 

SIP revision. The visibility requirements of CAA Title I, Part C, are implemented in 40 C.F.R. 

Part 41, Subpart P. When there is a new or revised NAAQS, the requirements of Part C do not 

change, so there are no newly applicable visibility protection obligations under Element J.4

Where the District’s Provisions are Codified by EPA

o D.C. Official Code § 8-101.05 (2013 Repl.) and D.C. Official Code § 8-151.07 (2013 

Repl.): Submitted as a copy with this SIP revision

o 20 DCMR §§ 1506 and 1507: At 40 C.F.R. § 52.470(c), approved into the District’s SIP 

on 5/28/2010 (75 Fed. Reg. 29894)

o Regional Haze SIP: At § 52.470(e), approved into the District’s SIP on 2/2/2012 (77 Fed. 

Reg. 5191)

 

4 The District does not contain any federal Class I areas, so is not subject to RAVI (reasonably attributable visibility 

impairment) requirements. The District does participate in regional haze planning. The protection of visibility in 

federal Class I areas is addressed in the District’s Regional Haze SIP, which was approved by EPA on February 2, 

2012 (77 Fed. Reg. 5191), and codified in the District’s SIP at § 52.470(e).
District Department of the Environment Infrastructure SIP

May 2014

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o 20 DCMR § 400: At 40 C.F.R. § 52.470(c), approved into the District’s SIP on 8/28/1995 

(60 Fed. Reg. 44431)
District Department of the Environment Infrastructure SIP

May 2014

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2.12 CLEAN AIR ACT § 110(a)(2)(K) –

Air Quality Modeling and Data

“Each such plan shall [...] provide for 

(i) The performance of such air quality modeling as the Administrator may prescribe 

for the purpose of predicting the effect on ambient air quality of any emissions of 

any air pollutant for which the Administrator has established a national ambient 

air quality standard, and 

(ii) The submission, upon request, of data related to such air quality modeling to the 

Administrator.”

The District’s Provisions

DDOE has the authority to: (1) conduct air quality modeling to predict the effect on ambient air 

quality of any emissions of any air pollutant for which a NAAQS has been promulgated; and (2) 

provide such modeling data to the EPA Administrator upon request.

Explanation: The District has the authority to perform air quality modeling under the 

APCA (D.C. Official Code §§ 8-101.05(a)(1) and (b)(3) (2013 Repl.)), 

which allow the Mayor to “conduct research...” and “secure necessary 

scientific, technical, administrative, and operations services...by contract, 

or otherwise.” The District’s authority under the APCA is then delegated 

to DDOE under the District Department of the Environment Establishment 

Act of 2005 (D.C. Official Code § 8-151.07 (2013 Repl.)).

Upon request, the District of Columbia can and will submit relevant 

current and future data relating to air quality modeling to the 

Administrator as part of the permitting and NAAQS implementation 

processes, as outlined in 20 DCMR Chapter 3 (Operating Permits and 

Acid Rain Programs) Section 303 (Permit Issuances, Renewal, 

Reopenings, and Revisions).

Where the District’s Provisions are Codified by EPA

o D.C. Official Code § 8-101.05 (2013 Repl.) and D.C. Official Code § 8-151.07 (2013 

Repl.): Submitted as a copy with this SIP revision

o 20 DCMR § 303: Not in SIP
District Department of the Environment Infrastructure SIP

May 2014

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2.13 CLEAN AIR ACT § 110(a)(2)(L) –

Permitting Fees

“Each such plan shall [...] require the owner or operator of each major stationary source to pay 

to the permitting authority, as a condition of any permit required under this chapter, a fee 

sufficient to cover:

(i) The reasonable costs of reviewing and acting upon any application for such a 

permit, and 

(ii) If the owner or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not 

including any court costs or other costs associated with any enforcement action), 

until such fee requirement is superseded with respect to such sources by the 

Administrator's approval of a fee program under subchapter (title) V of this 

chapter.” 

The District’s Provisions

DDOE has regulations providing for collection of permitting fees under the District’s EPAapproved Title V permit program to meet 40 C.F.R. § 70.9 (“Fee determination and 

certification”) and 40 C.F.R. Part 70, Appendix A (“Approval Status of State and Local 

Operating Permits Programs”). 

Explanation: EPA approved the District’s Title V program on August 7, 1996 (60 Fed. 

Reg. 40101) and amendments to the program on April 16, 2003 (68 Fed. 

Reg. 18548). Title V permit fees are collected under 20 DCMR Chapter 3 

(Operating Permits and Acid Rain Programs), Sections 305 (Permit Fees)

and 307 (Enforcement for Severe Ozone Nonattainment Areas). 

Permitting fees related to the Title V program are not a part of the 

District’s SIP. These fees are used to fund programs such as permitting of 

new and existing sources of air pollution and the compliance and 

enforcement of sources of air pollution.

Where the District’s Provisions are Codified by EPA

o 20 DCMR § 305: Not in SIP

o 20 DCMR § 307: At 40 C.F.R. §52.470(c), approved into the District’s SIP on 

12/28/2004 (69 Fed. Reg. 77639)

o District’s Title V permit program: Not in the SIP; see Appendix A of 40 C.F.R. Part 70; 

8/7/1996 (60 Fed. Reg. 40101) and 4/16/2003 (68 Fed. Reg. 18548)
District Department of the Environment Infrastructure SIP

May 2014

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2.14 CLEAN AIR ACT § 110(a)(2)(M) –

Consultation and Participation by Affected Local Entities

“Each such plan shall [...] provide for consultation and participation by local political 

subdivisions affected by the plan.”

The District’s Provisions

DDOE policies and procedures allow and promote consultations with affected local political 

subdivisions. 

Explanation: The District has the authority to consult with local entities under the 

APCA (D.C. Official Code §§ 8-101.05(a)(3) and (b)(5) (2013 Repl.)), 

which allow the Mayor to “advise, cooperate, and enter into agreements 

with the governments or agencies of any state or political subdivision 

adjacent to the District of Columbia and any interstate or other regional 

agency representing these states or political subdivisions...”; and which 

allow for “any...action which may be necessary to carry out the mayoral 

duties” related to implementation of a comprehensive air pollution control 

program. The District’s authority under the APCA is then delegated to 

DDOE under the District Department of the Environment Establishment 

Act of 2005 (D.C. Official Code § 8-151.07 (2013 Repl.)). As discussed 

under Element J, the process for consultation usually takes place through 

MWAQC according to a set of bylaws that are reviewed and adopted 

annually. 

Through MWAQC, there are interagency and public consultation 

provisions specifically associated with the transportation conformity 

process, as included in 20 DCMR Chapter 15, specifically §§ 1506 and 

1507.

In addition, prior to the adoption and submission of a SIP revision, each 

SIP revision goes through a public notice and hearing process, as specified 

by Section 6 of the D.C. Administrative Procedure Act (D.C. Official 

Code, § 2-505) and the District Department of the Environment 

Establishment Act of 2005 (D.C. Official Code § 8-151.07(3) (2013 

Repl.)). Leaders of political subdivisions have the opportunity to 

participate in that public process.

Where the District’s Provisions are Codified by EPA

o D.C. Official Code § 8-101.05 (2013 Repl.) and D.C. Official Code § 8-151.07 (2013 

Repl.): Submitted as a copy with this SIP revision

o 20 DCMR §§ 1506 and 1507: At 40 C.F.R. § 52.470(c), approved into the District’s SIP 

on 5/28/2010 (75 Fed. Reg. 29894)
District Department of the Environment Infrastructure SIP

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3.0 Conclusion

This Infrastructure SIP submission demonstrates the authority of the District government to 

implement the 2010 NO2 NAAQS. It identifies each CAA element being met and how each 

element is met.