## “ 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 2012 PM 2.5 

## NAAQS

December 2015

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 Department of Energy & Environment 1200 First Street NE, Fifth Floor Washington, DC 20002Department of Energy & Environment Infrastructure SIP

December 2015

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

DOEE 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 Metropolit an 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 PlanD epartment of Energy & Environment Infrastructure SIP

December 2015



### TABLE OF CONTENTS

1.0 INTRODUCTION

................................ ................................ ................................ ................. 1

1.1 T HE D ISTRICT ’ S I NFRASTRUCTURE SIP FOR THE 2012 PM 2.5 NAAQS

............................. 1

2.0 COMPLIANCE WITH CLEA N 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)

................................ ................................ ..................... 6

2.3 CLEAN AIR AC T § 110( A )(2)(C)

................................ ................................ ..................... 8

2.4 C LEAN AIR ACT § 110( A )(2)(D)( I )

................................ ................................ ............... 11

2.5 CL EAN AIR ACT § 110( A )(2)(D)( II )

................................ ................................ .............. 13

2.6 CLEAN AIR ACT § 110( A )(2)(E)

................................ ................................ .................... 16

2.7 CLEAN AIR AC T § 110( A )(2)(F)

................................ ................................ .................... 19

2.8 CLEAN AIR ACT § 110( A )(2)(G)

................................ ................................ ................... 22

2.9 CLEAN AIR ACT § 110( A )(2)(H)

................................ ................................ ................... 24

2.10 CLEAN AIR ACT § 110( A )(2)(I)

................................ ................................ ................. 25

2.11 CLEAN AIR A CT § 110( A )(2)(J)

................................ ................................ ................. 26

2.13 CLEAN AIR ACT § 110( A )(2)(L)

................................ ................................ ................ 30

2.14 CLEAN AIR ACT § 110( A )(2)(M)

................................ ................................ ............... 31

3.0 CONCLUSION

................................ ................................ ................................ ................... 32D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 1 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 promulgat ed 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 co dified 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 2012 fine particulate matter (PM 2.5 ) national ambient air quality standards (NAAQS). It i s being submitted to EPA for approval to comply with s ections 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 sta te 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 enforce able SIP meets all applicable requirements for the new or revised NAAQS.

1.1 The District’s Infrastructure SIP for the 2012 PM 2.5 NAAQS

Section 110(a)(1) of the CAA generally directs states to submit infrastructure SIPs after reasonable notice and pub lic 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 2012 PM 2.5 NAAQS explains how the existing EPA

approved 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

o Subpart D(i)(II)

– Interstate and International Transport Provisions

o Subpart E

– Adequate Personn el, 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 Auth ority

o Subpart M

– Intergovernmental ConsultationD epartment of Energy & Environment Infrastructure SIP

December 2015

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

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

“nonattain ment 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, w hich are on separate schedules under the CAA.

Even though EPA infrastructure SIP guidance 1 does 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 D irectors, “Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” (September 13, 2013).D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 3 2.0 Compliance with Clean Air Act § 110(a)(2)

Each of the following infrastructure SIP sections identif ies a specific element of CAA § 110(a)(2), the CAA requirement s pertaining to that element

, where the District’s program is implemented to comply with that requirement, and where the Distr ict’s requirement is codified into the District’s federally enforceable SIP.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 4 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 schedu les and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Chapter.”

The District’s Provisions

T he District relies on existing EPA

- approved SIP provisions that include enforceable limit s and

other measures , means, or techniques to control emissions of PM 2.5 and several of its precursors : sulfur dioxide (SO 2 ), nitrogen oxides (NO

x )

, and volatile organic compounds (VOCs)

.

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

- approved SIP

control measures for PM 2.5 and its precursors . Emissions limitations and

other control measures needed to attain the 2012 PM 2.5 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 lat er 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 infrastructu re 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 recen tly 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 appr oval by

the EPA.

No “new” provisions involving SSM, director’s variance, or director’s discretion are being

submitted with this SIP revision. There are alternative tools in the CAA to address existing SIP

deficiencies. On June 12, 2015, EPA issued a fina l SIP call pursuant to section 110 of the CAA to address substantial inadequacies in several state SIPs, including the District’s, for CAA sections 302 and 110 purposes

. See 80 F ed. R eg. 33840

. Some provisions are inadequate for inappropriate emission exemptions, some for affirmative defenses, and some for director

discretion or variances

. The District will respond to the June 12, 2015 SIP call in accordance

with timelines established within the SIP call. However, the District does not believe its

res ponse to the SIP call for the identified provisions affects the District’s conclusion that its SIP contains enforceable emission limitations and other control measures as are necessary and appropriate to meet applicable requirements of section 110(a)(2)(A) of the CAA.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 5 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

.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 6 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, syste ms, and procedures necessary to:

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

(ii) U pon 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.

Explan ation : 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 (b)(1)(A ) ) , which allows for the

administratio n of a comprehensive program for the control and prevention of outdoor air pollution that includes

, “ conduct[ing] research, monitoring, modeling, investigations, experiments, training demonstrations, surveys, and studies, relating to the causes, effects, e xtent, prevention, and control of air pollution in the District

. ” The District’s authority under the APCA is delegated to DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07 ) and Mayor’s

Order 2006

- 61 ( June 14 , 2006)

. 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).

DOEE 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 I nformation 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 Plan s ) , which are submitted to EPA Region 3 annually. Each Annual N etwork Plan confirm s that the District’s air monitoring program continues to meet federally established monitoring and data assessment criteria

.

DOEE submits data to EPA’s Air Quality System (AQS) in a timely manner

.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 7 Explan ation : DOEE operates and maintains air quality mo nitoring stations and

equipment in the District and sends collected air samples to an EPA

approved lab for analysis. DOEE performs quality assurance checks and submits the data to EPA's AQS, in accordance with data reporting and

ambient air data certifica tion requirements at 40 C.F.R. Part 58, such as § 58.16 on “data submittal and archiving requirements” related to the monitoring network

.

DOEE provides information to EPA Region 3 regarding air quality monitoring activities, including a description of ho w the air agency has complied with monitoring requirements and an explanation of any proposed changes to the network.

Explan ation : The District submits a Network Plan to EPA 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 monitoring sites or measurement methods. It provides descriptions of any proposed changes to the District’s ambient air monitoring network, the reason for each change (such as whether a change is in response to changes in mo nitoring requirements related to a new or revised NAAQS), and any other information relevant to the change.

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

.

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

indicat ing whether the Network Plan and any proposed changed to the

network meet all applicable monitoring requirements. The most recent Annual Network Plan was submitted to EPA on June 17, 2015.

As necessary, t he District will ma ke any changes to the network to meet monitoring requirements related to the 2012 PM 2.5 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 and D.C. Official Code § 8

- 151.07: 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)D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 8 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.”

T he 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.

Explan ation : Enforcement

– The District has the authority to enforce control measu res

as necessary under the District of Columbia Air Pollution Control Act of 1984 (APCA) (D.C. Official Code § 8

- 101.05 a through § 8

- 101. 05g )

, which address: inspection and right of entry, violations, civil penalties, criminal penalties, false statements, other sanctions, orders , and administrative appeals

. Elements of the District’s enforcement program

, including monitoring, recordkeeping, and reporting requirements, are approved the SIP, and found in parts of 20 DCMR Chapters 1 and 5 ( e.g. , Section 500 i ncludes requirements for records and reports, and § 501 includes requirements for monitoring devices ). The se provisions provide

for enforcement of the emission limits and control measures identified in

this document under Element A (Section 2.1 , Attachmen t A )

.

The District has provisions approved in the SIP t hat implement a minor source pre construction program (for new minor sources and minor modifications to existing major sources) for all NAAQS pollutants

.

Explanation: Minor N ew S ource R eview ( NSR)

– The District has the authority to

regulate sources under the District of Columbia Air Pollution Control Act of 1984 (APCA) (D.C. Official Code § 8

- 101.05(b)(1)(D)), where the Mayor may, “adopt air pollution control standards, require and issue permits, and establish any other program necessary to regulate sources of air pollution emissions in the District.” The District’s authority under the APCA is delegated to DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Offici al Code § 8

- 151.07 )

and Mayor’s Order 2006

- 61 ( June 14 , 2006)

.

Title 20 D CMR Chapter 2 contains the District’s preconstruction permit

program for new minor sources

, modifi cation s of minor sources , and

minor modifications at major stationary sources for all pollutants regulated

under the CAA regardless of the District’s nonattainment designation , as addressed at 40 C.F.R. §§ 51.160 through 51.164

.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 9 The District relies on EPA’s comprehensive Prevention of Significant ( PSD ) permit ting program
, addressing CAA Title I Part C

, for all major sources of a ny regulated pollutant under the C AA

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 sour ce review (NSR) for potential impacts on air quality related values in Class I areas).

The FIP is administered by EPA. DOEE has not been delegated the authority to implement the PSD FIP program and will continue to rely on

EP A ’s PSD FIP to have major sou rce permits issued pursuant to the FIP. 2

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

, EPA interprets the portion of CAA S ection 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 D.C. Official Code § 8

- 101.05 and § 8

- 101.05a t hrough § 8

- 101.05g and D.C. Official Code § 8

- 151.07: Submitted as a copy with this SIP revision

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)

2 According to EPA’s infrastructure SIP guidance (see footnote 1), EPA stated it cannot fully approve the infrastructure SIP submission with respect to Element C; however, EPA stated that it anticipates that there will be no adverse consequences to DDOE or to sources from this lack of full approval of the infrastructure SIP.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 10 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 F ed. 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, 2003D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 11 2.4 CLEAN AIR ACT § 110(a)(2)(D)(i)



### – Interstate Transport Provisions

“Each such plan shall [...] contain adequate provi sions

(i) P rohibiting, consistent with the provisions of this subchapter, any source or other type of emissions activity within the state from emitting any air pol lutant in

amounts which will:

(I) C ontribute 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) I nterfere with measures required to be included in the applicable implementa tion 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 contribut es 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).

Explanatio n: The District does not significantly contribute to nonattainment in, or

interference with maintenance by, any other state with respect to the 2012

PM 2.5 NAAQS. Emissions of PM 2.5 from sources in the District are small

relat ive to those from other states, and SIP

- approved regulations are in place to reduce emissions from sources that emit PM 2.5 and its precursors

. See Attachment B for additional discussion on transport

.

Element D(i)(II) requires SIPs to include provisions prohibiting any source f rom 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: N ew 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 byD epartment of Energy & Environment Infrastructure SIP

December 2015

Page 12 EPA to meet the PSD requirements under Elemen t C . The PSD FIP fully considers source impacts on air quality in other states.

Major s ources for one or mo re of the pollutants subject to regulation under

the CAA that are located in an area designated as nonattainment within the

District

, not subject to the PSD program
, may also have the potential to

interfere with PSD in a nearby attainment or unclassifiable area of another

state. These sources are covered under the District’s nonattainment NSR program, which has been approved by EPA into the District’s SIP and is

therefore considered adequate for the purpose of meeting the requirement of prong 3 for sources and pollutants subject to this program

.

Prong 4

– The District has adequately addresse d 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.

V isibility issues related to fine particulate matter and its precursors have

been addressed in the District’s SIP

- approved R egional H aze 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 § 204: At 40 C.F.R. § 52.21 , approved into the District’s SIP on 3/19/2015 (80 Fed. Reg. 14310)

.

o Regional Haze SIP: At § 52.470(e), approved into the District’s SIP on 2/2/2012 (77 Fed. Reg. 5191)D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 13 2.5 CLEAN AIR ACT § 110(a)(2)(D)(ii)



### – Interstate and International Transport Provisions

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

(ii) I nsuring 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 im plementation 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 a t 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 modi fied 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 su bsection 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) F or 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) F or 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)

.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 14 The Administrator may permit the continued operation of a source ref erred 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.

In ternational Pollution Abatement:

Sec. 115. (a) Whenever the Administrator, upon receipt of r eports, 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 he alth 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 inadequat e 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 o f the applicable implementation plan.

The District’s Provisions

§ 126(a)

– The District relies on a Federal Implementation Plan (FIP) containing the F ederal 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 sta ted 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 n o substantive SIP requiremen ts have been imposed by the EPA Administrator for the 2012 PM 2.5 NAAQS.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 15 § 115

– There have never been final findings under Section 115 of the CAA against the District with respect to the 2012 PM 2.5 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, 2003D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 16 2.6 CLEAN AIR ACT § 110(a)(2)(E)



### – Adequate Personnel, Funding, and Legal Authority

“Each such plan shall [...] provide

(i) N ecessary 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 au thority 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) R equirements that the state comply with the requirements respecting state boards under section 128, and

(iii) N ecessary 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

The District has adequate authority to carry out its SIP obligations within the District with respect the 2012 PM 2.5 NAAQS

.

Explanation: The District has the authority under the District of Columbia Air Pollution

Control Act of 1984 (APCA) (D.C. Official Code § 8

- 101.05(b)(1)(C)) to, “(i) establish cooperative effort and mutual assistance agreements or programs for the prevention and contro l of air pollution and the enforcement of their respective air pollution laws; and (ii) establish or participate in any organization as may be necessary to carry out these agreements.” The District’s authority under the APCA is delegated to

DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07) and Mayor’s Order 2006

- 61 ( June 14 , 2006)

. DOEE is not prohibited by any District of Columbia law from revising the SIP as necessary or carrying out any part of the implementation plan.

The District also the authority to, “receive and administer grants or donations made to carry out...” its air pollution control program (D.C. Official Code § 8

- 101.05(c)(3)).

DOEE has adequate personnel and funding to impleme nt the SIP with respect the 2012 PM 2.5 NAAQS.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 17 Explanation: As required in 40 C.F.R. Part 51, Subpart O (“Miscellaneous Plan Content

Requirements”), the following funding resources are available to DOEE to help carry out the SIP obligations : Title V permit fees (20 DCMR § 305 ),

CAA Sec tion 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 Pollut ion 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. DOEE does not anticipate any serious challenges to the continued acquisition of these funds. DOEE anticipates both adequate personnel and funding to meet any changes in resource s for implementation of the 2012 PM 2.5 NAAQS.

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 DOEE to do so:

o The Metropolitan Was hington 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; res olves policy differences; and adopts air quality plans for transmittal to the District, Maryland and Virginia.

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

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

and the Commo nwealth 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.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 18 A copy of the agreement between M WAQC and DOEE 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 t he responsibilities of any participating organizations and refers to official agreements among the organizations.

The District has SIP

- approved provision s 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 do es not have a “board or body” to approve permits or

enforcement orders, therefore the requirements under paragraph (a)(1) of

CAA Section 128 are not applicable

. T he requirements of § 128(a)(2) and 110(a)(2)(E)(ii) have been met by the District’s SIP

- appro ved 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.

The District retains responsibility for ensuring adequate implementation of any SIP obligations with respect the 2012 PM 2.5 NAAQS

.

Explanation: 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 complete responsibility for ensuring adequate implementation of plan provisions with respect the 2012 PM 2.5 NAAQS or any NAAQS. The District is a member of interstate organizations that usually participate in planning and developing SIP provisions for the District as well as participating states , in accordance with 40 C.F.R. Part 51, Subpart M

. These organiza tions are described below.

Where the District’s Provisions are Codified by EPA

o D.C. Official Code § 8

- 101.05 , § 8

- 101.06, and D.C. Official Code § 8

- 151.07:

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)

.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 19 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) T he 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) P eriodic reports on the nature and amounts of emissions and emissions

- related data from such sources,

(iii) C orrelation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, whi ch reports shall be available at reasonable times for public inspection.”

The District’s Provisions

DOEE ’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

complian ce”), DOEE ’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 (b)(1)(A ) ) , which allows for a comprehensive air pollution control program that includes conducting, “research, monitoring, modeling, investigations, experiments, training demonstrations, surveys, and studies, relating to th e causes, effects, extent, prevention, and control of air pollution in the District .” The District’s authority under the APCA is delegated to DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07) a nd Mayor’s Order 2006

- 61 ( June 14 , 2006)

.

DOEE also requires periodic reporting of emissions and emissions

- related data by stationary

sources to DOEE

.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 20 Explanation: As required by Title 40 C.F.R. § 51.211 (“Emissions reports and

recordkeeping”); Title 4 0 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”), e missions

- related data from sources

is submitted to DOEE on an annual basis in compliance with th e District’s permitting requirements at 20 DCMR Chapter 2 (General and Non

Attainment Area Permits)

.

Emissio ns reports from DOEE 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). DOEE 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 2012 PM 2.5 NAAQS.

The District has the authority to require periodic reporting under the

APCA (D.C. Official Code § 8

- 101.05 ( b)(1)(D ) ) , which allows the Mayor to, “adopt air pollution control standards, require and issue permits , and establish any other program necessary t o regulate sources of air pollution

emissions in the District

. The District’s authority under the APCA is delegated to DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07) and Mayor’s

Order 2006

- 6 1 ( June 14 , 2006)

.

DOEE ’s requirements also provide for: (1) correlation by DOEE 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 § 8

- 101.05(b)(1)(A). DOEE a ir quality inspectors correlate the emissions data with any a pplicable

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 specifi c permits

. The District’s authority under the APCA is delegated to DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07 ) and Mayor’s Order 2006

- 61 ( June

14 , 2006).

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. ).D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 21 Where the District’s Pr ovisions are Codified by EPA

o 20 DCMR Chapter 1, Section s 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

int o 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 in to the

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

o D.C. Official Code § 8

- 101.05 and D.C. Official Code § 8

- 151.07: Submitted as a copy

with this SIP revisionD epartment of Energy & Environment Infrastructure SIP

December 2015

Page 22 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 SI P

- approved provisions under

the APCA (D.C. Official Code § 8

- 101.05 ( c ) (4) ) , which allows the Mayor to, “ take any other action necessary, ” in addition to those already listed, to execute the authorities under the comprehensive air pollution control

program. In particular, under the APCA (D.C. Official Code § 8

- 101.05g), if the Mayor determines that a hazardous condition exists, “the Mayor may issue a cease and desist order...” The District’s authority under the APCA is delegated to DOEE under the District De partment of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07 ) and Mayor’s Order 2006

- 61 ( June 14 , 2006)

.

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 fro m causing or contributing to emissions that present an imminent and substantial endangerm ent to public health, welfare

, or the

environment or to take other action as may be necessary.

The District meet s 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 epi sodes”) for the 2012 PM 2.5 NAAQS

.

Explanation: EPA requires an Emergency Episode P lan (EEP), also known as a

contingency plan, for Priority I areas. The District (as part of the “National Capital Interstate”) is class ified as a Priority I area for particulate matter (40 C.F.R. § 52.471). The District’s EEP was approved by EPA on April 13, 2015 (80 Fed. Reg. 19538). EPA did not establish a Significant Harm Level (SHL) for PM 2.5 with respect to the 2012 NAAQS (78 Fed. Reg. 3181), thus there is no re quirement to revise the docum ent at
this time. T he District certifies that it has appropriate general emergency powers to address any PM 2.5 - rel ated episodes as needed and that no specific plan is necessary at this time, given the 24

- hour PM 2.5 levelsD epartment of Energy & Environment Infrastructure SIP

December 2015

Page 23 moni tored in the District. Additionally, the District’s existing EEP provides the public adequate communication regarding air quality data

forecasts and health effects of air pollution, including particulate matter

.

Where the District’s Provisions are Codified by EPA

o D.C. Official Code § 8

- 101.05

, § 8

- 101.05 g, and D.C. Official Code § 8

- 151.07:

Submitted as a copy with this SIP revision

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)

o Em ergency Air Pollution Plan: At 40 C.F.R. § 52.470(c), approved into the District’s SIP

on April 13, 2015.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 24 2.9 CLEAN AIR ACT § 110(a)(2)(H)



### – Future SIP R evisions

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

(i) F rom 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) E xcept as provided in paragraph (3)(C), when ever 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 requiremen ts established under this chapter (CAA).”

The District’s Provisions

DOEE 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)(1)(D)), which states that the Mayor may, “adop t a mbient air quality standards, ” which allows the District to account for revisions of NAAQS. Also, § 8

- 101.06 states that, “the Mayor may issue or amend any rule needed to comply with the requirements of federal laws and regulations in implementing the District’s comprehensive air pollution control program.” The District’s authority under the APCA is delegated to DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07 and Mayor’s Order 2006

- 61 ( June 14 , 2006)

. 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

, § 8

- 101. 0 6

, and D.C. Official Code § 8

- 151.07:

Submitted as a copy with this SIP revisionD epartment of Energy & Environment Infrastructure SIP

December 2015

Page 25 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).”

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 design ated 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.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 26 2.1 1 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 deteriorat ion 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 gov ernments, 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(b)(1)(C) (2013 Repl.)), whi ch allow s the Mayor to, “advise, consult, cooperate, and enter into agreements with the governments and agencies of any state or political subdivision and any interstate or other regional organization representing these states or political subdivisions...” The District’s authority under the APCA is delegated to DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07 ) and Mayor’s

Order 2006

- 61 ( June 14 , 2006)

. 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 th e 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, 201 2 (77 Fed. Reg. 5191).

Public notification

– DOEE 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 aw areness of measures that can prevent such exceedances and of ways in which the public can participate in regulatory and other efforts to improve air quality

.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 27 Explanation: To meet the requirements of 40 C.F.R. § 51.285 (“Public notification”) as

stated i n Section 127 of the CAA, Title 20 DCMR Chapter 4 (Ambient Monitoring, Emergency Procedures, Chemical Acci dent Prevention and Conformity) Section 400 (Air Pollution Reporting Index) requires District cooperation with MWCOG to ensure that air pollution leve ls are uniformly reported to the pu blic throughout the region

. EPA’s color

coded 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 t hrough voluntary actions. Clean Air Partners provide s air quality forecasts and related information through AirAlerts to a network of

par ticipants, and distribute air quality curriculum to schools.

The District has the authority to enhance public awareness in general under the APCA (D.C. Official Code § 8

- 101.05(b)(1)(B)), which allows the Mayor to, “collect and distribute, through publi cation, educational and training programs, and other means, the results of, and other information pertaining to, the activities carried out under...” its comprehensive air pollution control program. The District’s authority under the APCA is delegated to DO EE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07) and Mayor’s

Order 2006

- 61 ( June 14 , 2006)

.

Prevention of significant deterioration

– Please refer to the response to Element C.

Visibility pro tection

– 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 and D.C. Official Code § 8

- 151.07: Submitted as a copy with this SIP revision

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)

.D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 28 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 § 52.4 70(e), approved into the District’s SIP on 2/2/2012 (77 Fed. Reg. 5191)

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)D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 29 2.12 CLEAN AIR ACT § 110(a)(2)(K)

– A ir Quality Modeling and Data

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

(i) T he 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 h as established a national ambient air quality standard, and

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

Administrator.”

The District’s Provisions

DOEE 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.

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

APCA (D.C. Official Code § 8

- 101.05 ( b)(1)(A) ) , which allow s the Mayor

to “conduct research, monitoring, modeling, investigations, experiments, training demonstrations, surveys, and studies, relating to the causes, effects, extent, prevention, and control of air pollution in the District. ” The District can also, “secure necessary scientific, technical, administrative, and operational services ...” under § 8

- 101.05(c)(3). D ata can then be submitted to EPA as provided under § 8

- 101.05(c)(4), which allows the Mayor to “take any other action necessary” to execute the authorities under the comprehensive air pollution control program. The District’s authority under the APCA is d elegated to DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07) and Mayor’s Order 2006

- 61 ( June 14 , 2006)

.

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

current and future d ata 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 Revi sions)

.

Where the District’s Provisions are Codified by EPA

o D.C. Official Code § 8

- 101.05 and D.C. Official Code § 8

- 151.07: Submitted as a copy with this SIP revision

o 20 DCM R § 303 (50 DCR 2343; March 21, 2003) : Not in SIPD epartment of Energy & Environment Infrastructure SIP

December 2015

Page 30 2.13 CLEAN AIR ACT § 110(a)(2)(L)



### – P ermitting F ees

“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) T he reasonable costs of reviewing and acting upon any application for such a permit, and

(ii) I f 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 Dis trict’s Provisions

DOEE has regulations providing for collection of permitting fees under the District’s EPA

approved 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 p ermit fees are coll ected under 20 DCMR Chapter 3 (Operating Permits and Acid Rain Programs)

, Section s 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. T hese fe es 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 (48 DCR 4479; May 18, 2001) : 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 Dis trict’s Title V permit program: Not in the SIP , but approved by EPA on 8/7/1996 (60 Fed. Reg. 40101) and 4/16/2003 (68 Fed. Reg. 18548) ; as codified in Appendix A of 40

C.F.R. Part 70D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 31 2.14 CLEAN AIR ACT § 110(a)(2)(M)



### – C onsultation 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

DOEE 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 ( b)(1)(C) )

, which allow s the Mayor to, “advise, consult, cooperate, and enter into agreements with the governments and agencies of any state or political subdivision and any interstate or other regional organization representing t hese states or political subdivisions ...” The District’s authority under the APCA is delegated to DOEE under the District Department of the Environment Establishment Act of 2005 (D.C. Official Code § 8

- 151.07) and Mayor’s

Order 2006

- 61 ( June 14 , 2006)

. 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 proc ess , as specified by S ection 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)). Leaders of political subdivisions have the o pportunity to participate in that public

process. There is also authority to hold hearings for the purposes of administering the comprehensive air pollution control program under § 8

- 101.05(c)(1).

Where the District’s Provisions are Codified by EPA

o D.C . Official Code § 8

- 101.05 and D.C. Official Code § 8

- 151.07: 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)D epartment of Energy & Environment Infrastructure SIP

December 2015

Page 32 3.0 Conclusion

This Infrastructure SIP submission demonstrates the authority of the District government to implement the 2012 PM 2.5 NAAQS

. It identifies each CAA element being met and how each

element is met.