UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103 DATE: April 21, 2010 SUBJECT: Technical Support Document for the District of Columbia State Implementation

Plan for Section 110(a)(2) Infrastru cture Requirements for the 1997 8
- hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards /s/ FROM: Rose Quinto, Environmental Engineer

Office of Air Program Planning TO: File /s/ THRU: Cristina Fernandez , A ssociate Director

Office of Air Program Planning A. INTRODUCTION The Environmental Protection Agency (EPA) is taking action on certain submittals made by the District of Columbia (the District) to meet the Clean Air Act (CAA) section 110(a)(2) requir ements of the revised 1997 8
- hour ozone national ambient air quality standards (NAAQS), the 1997 fine particulate matter (PM 2.5 ), and the revised 2006 PM 2.5 NAAQS.
B . BACKGROUND 1997 8 - H our O zone and PM 2.5 NAAQS On Ju ly 18, 1997, EPA promulgated a rev ised NAAQS for ozone (62 FR 38856 ) and a new NAAQS for PM 2.5 (62 FR 38652) . The revised ozone NAAQS was based on 8
- hour average concentrations. The 8
- hour averaging period replaced the previous 1
- hour averaging period, and the level of the NAAQS was chan ged from 0.12 parts per milli on (ppm) to 0.08 ppm. The new PM 2.5 NAAQS was established on health
- based annual standards for PM 2.5 of 15.0 micrograms per cubic meter (μg/m 3 ) based on a 3
- ye ar average of annual mean PM 2.5 concentrations and a 24
- hour stand ard of 65 μg/m 3 based on a 3
- ye ar average of the 98 th percentile of 24
- hour concentrations. Whenever a new or revised NAAQS is promulgated, s e ction 110(a) of the CAA imposes o bligation s upon States to submit State Implementation Plan ( SI P ) revisions that provide for the2

implementation, maintenance, and enforcement of the new or revised NAAQS within three years following the promulgation of such NAAQS. Although States ty pically have met many

of the basic program elements required in section 110(a)(2) thr ough earlier SIP submissions in connection with previous ozone and PM standards , States (including all of the Region 3 States) were still required to submit SIP revisions that address section 110(a)(2) for the 1997 NAAQS. These SIPs were due in July 2000. However, intervening litigation over the 1997 8
- hour ozone and PM 2 . 5 NAAQS created uncertainty about how to proceed and, as of October 2007, States had not submitted SI Ps to meet these infrastructure requirements. InMarch of 2004, Earth

j ustice initiated a lawsuit against EPA for failure to take action against States that had not made SIP submissions to meet the requirements of sections 110(a)(1) and (2), i.e., failure to make a “finding of failure to submit the required SIP 110(a) SIP elements.” On M arch 10, 2005, EPA entered into a Consent Decr ee with Earth j ustice that obligated EPA to make official findings , in accordance with section 110(k)(1) of the CAA, as to whether States have made complete SI P submissions , pursuant to sections 110(a)(1) and (2 ), by December 15, 2007 for the 1997 8
- hour ozone NAAQS and by October 5, 2008 for the 1997 PM 2.5 NAAQS. EPA made completeness findings for the 1997 8
- hour ozone NAAQS on March 27, 2008 ( 73 FR 16205 ) and on October 22, 2008 (73 FR 62902) for the 1997 PM 2. 5 NAAQS. The se findings pertained only to whether the submissions were complete, pursuant to 110 (k)(1)(A), and did not constitute EPA approval or disapproval of such submissions. Two elements identified in section 110(a)(2) are not governed by the three ye ar submission deadline of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not due within three years after promulgation of a new or revised NAAQS, but rather are due at the time the nonattainment area plan req uirements are due pursuant to section 172. These elements are : 1) submissions required by section 110(a)(2)(C) to the extent that subsection p ertains to a permit program in Part D T itle Iof the CAA ; and 2) any submissions required by

section 110(a)(2)(I ) , which pertain to the nonattai nment planning requirements of P art D Title Iof the CAA. The determinations required by the consent decree excluded any

determination regarding such portion of section 110(a)(2) ( C) and section 110(a)(2) (I), therefore, this action does not cover these specific elements. This action also does not a d dress the requirements of 110(a)(2)(D)(i), which have been addressed by a separate finding issued by EPA on April 25, 2005 (70 FR 21147). With respect to the District’s obligat ions pursuant to CAA sections 110(a)(1) and (2) for the 1997 8
- hour ozone and PM 2.5 NAAQS, this technical support document discusses only those elements which were the subject of EPA’s completeness findings
. While the completeness findings noted that the District fail ed to submit a complete SIP addressing the portion of (C) and (J) relating to the Part C permit programs for the 1997 8
- hour ozone and PM 2 . 5 NAAQS , EPA recognized that such requirement ha s already been addressed by

a Federal Implementation Plan (FIP) that remains in place, and concluded that the finding of incompleteness would not trigger any additional FIP obligation for the District with respect to this requirement. EPA is therefore including (C) and (J) relating to the Part C permit program s for the 1997 8
- hour ozone and PM 2 . 53

NAAQS in this action
. 2006 PM 2.5 NAAQS On October 17, 2006 (71 FR 61144), EPA revised the 24
- hour average PM 2.5 primary and secondary NAAQS from 65 μg/m 3 to 35 μg/m 3 . As required by section 110(a)(1) of the CAA, the 110(a)(2) submittals were due within three years after promulgation of the revised standard , with the exception of sections 110(a)(2)(C) pertaining to Part D permit program and 110(a)(2) (I) for the same reasons discussed for the 1997 standard
. C. EPA REQUIREMENTS As discussed above, for the 1997 8
- hour ozone and PM 2.5 NAAQS, States must provide SI P submissions , or provide certification that address s ection 110(a)(2) (A) through (M), with the exception of the portion of 110(a)(2) (C) pertaining to a per mit program in P art D Title Iof the CAA , 110(a)(2) (I) and (D)(i). To help States meet this statutory requirement, EPA issued guidance on October 2, 2007 entitled “ Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8
-H our Ozone and PM 2.5 National Ambient Air Quality Standards , ” which listed the basic elements that States must include in their SIPs. On September 25, 2009, EPA issued an updated guidance document entitled Guidance on SIP Elements Required Under Sections 110(a)(1 ) and (2) for the 2006 24
-Hour Fine Particle (PM 2.5 ) National Ambient Air Quality Standards (NAAQS) , which clarifies, in further detail, expectations for certain elements to meet the requirements of sections 110(a)(1) and (2) of the CAA for both the 1997 and 2006 PM 2.5 NAAQS
. Specifically , guidance is provided for satisfying the section 110(a)(2)(D) requirements for the 2006 PM 2.5 NAAQS, as well as guidance for satisfying the section 110(a)(2)(G) requirements that addresses both the 1997 and 2006 PM 2.5 NAA QS. EPA note s , however, that the requirements under 110(a)(2)(D)(i) are being addressed separately and are not included in this action.
D . STATE ’S SUBMITTAL The District of Columbia provided multiple submittals to satisfy the requirements of section 110(a) (2) of the CAA for the 1997 8
- hour ozone and PM 2.5 NAAQS and a submittal to address the 2006 PM 2.5 NAAQS : s ubmittals dated December 6, 2007 and January 11, 2008 addressed the 110(a)(2) requirements for the 1997 8
- hour oz one NAAQS ; s ubmittals dated August 25 , 2008 and September 22, 2008 addressed the 110(a)(2) requirements for the 1997 PM 2.5 NAAQS ; and s ubmittal dated September 21, 2009 addressed the 110(a)(2) requirements for the 2006 PM 2.5 NAAQS
. These submittals addressed the following infrastru cture elements, that EPA is proposing to approv e in th is action: section 110(a)(2)(A), (B), (C), (D)(ii), (E), (F),4

(G), (H), (J), (K), (L), and (M). E. EVALUATION OF STATE SUBMITTAL As noted above, the District provided multiple submittals for the 1 997 8
- hour ozone and PM 2.5 NAAQS and the 2006 PM 2.5 NAAQS . H owever, the demonstrations submitted by the District for how it is meeting many of the elem e nts are substantively identical for both the ozone and PM 2.5 NAAQS, therefore the following evaluation of each element pertains to all standards except as otherwise noted. 1. Section 110(a)(2)(A) For the 1997 8
- hour ozone NAAQS , enforceable emission limits, control measures, fees, and compliance schedules are contained in the District’s reasonable fur ther progress (RFP) and attainment demonstration SI P revision that was submitted to EPA on June 12, 2007. These limits, measures, and fees are also found in those provisions of 20 DCMR Chapters 2, 3, and 6 through 10 which are in the District’s approved S IP and listed in 40 CFR 52.470(c). For the 1997 PM 2.5 NAAQ S , the pertinent emission limitations and schedules are contained in the District’s PM 2.5 attainment demonstration SI P revision that was submitted to EPA on April 2, 2008. The requirements for sec tion 110(a)(2)(A) for both the 1997 and the 2006 PM 2.5 NAAQS, are also met through 20 DCMR Chapters 2, 3, and 6 through 10 which are in the District’s approved SI P and listed in 40 CFR 52.470(c). District of Columbia Municipal Regulations (DCMR), Title 20

– Environment Chapter 2

– General and Nonattainment Area Permits Chapter 3

– Operating Permits Chapter 6

– Particulates Chapter 7

– Volatile Organic Compounds Chapter 8

– Asbestos, Sulfur and Nitrogen Oxides Chapter 9

– Motor Vehicle Pollutants, L ea d, Odors, and Nuisance Pollutants Chapter 10

– Nitrogen Oxides Emissions Budget Program5

For the 2006 PM 2.5 NAAQS, the District certified that its SIP meets the requirements of section 110(a)(2)(A). 2. Section 110(a)(2)(B) The District has made the necessary submittals documenting that it has established and currently operates appropriate devices, methods, sy stems, and procedures necessary to monitor, compile, and analy

ze data on ambient air quality , and upon request, makes such data available to the Administrator. ( See submittals dated January 11, 2008, August 25, 2008 , and S e ptember 21, 2009 )
.
 The District maintains and operates multi
- station ozone and PM 2.5 network s to

measure ambient ozone and PM 2.5 levels within the District for comparison t o the NAAQS as required by 40 CFR p art 58. Ozone and PM 2.5 monitoring is currently performed at various locations throughout the District
.
 All data for ozone and PM 2.5 are measured using EPA approved methods as either r eference or equivalent monitors, a ll monitors are subjected to the quality assurance requirements of 40 CFR part 58, Appendix A; and all samples are located at the sites that have met the minimum citing requirements of 40 CFR p art 58, Appendix E. The data are submitted to EPA’s Air Quality Sy stem (AQS), in a timely manner in accordance to th e scheduled prescribed by EPA in 40 CFR p art 58 and in accordance with s ection 105 grant commitment, sub
- objective 1.1.1.

 Inorder to keep EPA informed of changes to the sampling network, the Distric t Department of the Environment ( DDOE ) provides EPA Region I II with prior notification of any

planned changes to the network. As needed, details of these changes and anticipated approvals of the changes are communicated to EPA. On an annual basis, DDOE s ends EPA a summary table of all the changes to the network. This summary

also provides for the description of each change, the reason for each change, and any information relevant to the change. DDOE submits data to the AQS, in a timely manner, pursuant to the schedul ed prescribed by EPA in 40 CFR p art 58. 3. Se ction 110(a)(2)(C) The program for enforcement and control measures is found in 20 DCMR Chapters 1 and 5, and 20 DCMR 302.2. Monitoring, recordkeeping, and reporting requirements for sources in the control measure regulations of 20 DCMR Chapters 2, 3, and 6 through 10 are part of the District’s approved SIP that is listed in 40 CFR 52.470(c).6

To address the prevention of significant deterioration ( PSD ) requirement of this element for both the ozone and PM 2.5 NAAQS, the District is subject to a FIP for a PSD permit program pursuant to 40 CFR 52.499. The requirements of section 110(a)(2)(C) that pertains to a permit program in Part D Title I of the CAA will be addressed separately and are no t included in this action. 4. Section 110(a)(2)(D)(i ) The requirements of section 110(a)(2)(D)(i) will be addressed separately and are not included in this action.
5 . Section 110(a)(2)(D)(ii) The District is not subject to the requirements of s ections 126 and 115 of the CAA. 6 . Section 110(a)(2)(E) The District has adequate authority under the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.L. Law 5
- 165, D.C. Official Code, section 8
- 101 et seq .) to carry out its SI P obligations with respect to the 1997 8
- hour ozone and PM 2.5 NAAQS , and the 2006 PM 2.5 NAAQS , and to revise the SIP as necessary
. The primary sources of funding for the implementation of the 1997 8
- hour ozone and PM 2.5 NAAQS, and the 2006 PM 2. 5 NAAQS , are the s ection 105 grants funds provided to DDOE, fees collected under the Title V program, and District funding. The District has adequate funding and personnel to carry out SI P revisions with respect to the 1997 8
- hour ozone and PM 2.5 NAAQS , and the 2006 PM 2.5 NAAQS
. Inaddition, the District does not have any board which approves air quality permits or enforcement orders , and does not rely on localities for specific SIP implementation.
7 . Section 110(a)(2)(F) Specific monitoring requireme nts that apply to the ozone and PM 2.5 NAAQS are found in 20 DCMR 501 and 502; 20 DCMR 302, 500, and 502; and DCMR 302.1; as well as monitoring, recordkeeping, and reporting requirements for sources in 20 DCMR Chapters 2, 3, and 6 through 10. These requ irements are included in the District’s SIP revisions and codified in 40 CFR 52.470(c). DDOE analy

zes emissions data and correlates such data with applicable emission limitations or standards. Section 105 grants are used to support air quality inspectors , and part of7

their process is to compare source emissions to emission limitations and standards. All reports are available to the public under the District of Columbia Freedom of Information Act (FOIA) (D.C. Official Code Section 2
- 531 et seq .). 8 . Se ction 110(a)(2)(G) Statutory authority is found in section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 25, 1985 (D.C. L aw 165) which created DCMR 401. DCMR 401

– Emergency

Procedures, was approved into the SIP on August 28, 1995 (60 FR 44431) and codified at 40 CFR 52.470(c). On September 22, 2008, the District submitted a certification of classification as a priority I II emergency

episode plan region. The requirement for a State to submit an emergency episode plan is based on a priority region classification. States with a 24
- hour PM 2.5 concentration above 140.5 μg/m 3 , using the most recent three years of data, are required to develop an emergency

episode plan. States that do not meet this threshold would be class ified as priority I II and would not be required to adopt an emergency episode plan for PM 2.5 . PM 2.5 monitors in the District show that PM 2.5 concentration levels for the past three years are below the 140.5 μg/m 3 threshold, therefore , the District is not required to adopt an emergency episode plan for PM 2.5
. (See Table 1).

Table 1. PM 2.5 Monitoring Data in μg/m 3 for the Past Three Years (98 th Percentile for the Year) for the District of Columbia Monitor 2005 2006 2007 River Terrace 36.2 35 32.8 Haines Point 36.4 33 28.7 McMillan 34.4 33.2 32.4 8 . Section 110(a)(2)(H) The District will review and revise its SIP from time to time as may be necessary

to take into account revisions of such primary or secondary

NAAQS or the availability of improved or more expeditious methods of attaining such standard and whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the NAAQS which it implements or to otherwise comply w ith any additional requirements established under the CAA. When plan revisions are necessary , the regional planning process through the Metropolitan Washington Air Quality Committee (MWAQC) or its successors, coordinated with the transportation planning agencies, is used. The District has adequate authority under the District of Columbia Air Pollution Act of 1984, effective March 25, 1985 (D.C. L aw 5
- 165, D.C. official Code §8
- 101 et seq. ) to revise the SIP.8

9 . Section 110(a)(2)(I ) EPA will be taking action through the process associated with the approval or disapproval of the attainment plans. 10 . S ection 110(a)(2)(J) All the District’s SI P revisions have gone through public notice and hearing that allowed the public (including local political subdivisions) to comment. The District Department of Transportation and the Metropolitan Washington Air Quality Committee (MWAQC) are part of the attainment and air quality planning process. The attainment plans and regulations in the approved District’s SI P revisions specify the organizations responsible for implementing and enforcing air quality

regulations. To address the PSD requirement of this element for both the ozone and PM 2.5 NAAQS , the District is subject to a FIP for a PSD permit program pursuant to 40 CFR 52.499. The District of Columbia air quality data from the monitoring network for ozone and PM 2.5 are published in EPA’s AirNow website and the annual summary of all monitoring data, including exceedances and violations of standards, are published on EPA’s Air Quality Data Mart. The Air Quality

forecast is published on the District Department of the Environment website. These data are also submitted to the Council of Governments as part of the Ozone Action Day

process. 1 1 . Section 11 0(a)(2)(K

) The District submitted SI P revisions on June 12, 2007 for the 1997 8
- hour ozone pertaining to the base year inventory , RFP plan , and attainment demonstration for the Washington , DC
- MD
- VA ozone nonattainment area which contained the required mod eling
. For the 1997 PM 2.5 NAAQS, the District’s air quality modeling was performed as part of the regional SIP planning process through MWAQC. The PM 2.5 modeling performed by MWAQC was submitted as part of the District’s PM 2.5 SI P submittal on April 4, 2008. Relevant to the 2006 PM 2.5 NAAQS, the District’s air quality modeling will be performed as part of the regional SIP planning process through MWAQC o r its successors
. The District will continue to submit quality modeling data as part of its rel evant submissions developed as part of the regional process thr o ugh MWAQC or its successors as required under su b
- objective 1.1.1 of the District’s 105 grant. Upon request, the District will submit current and future data relating to such quality

modeling to the Administrator.9

1 2 . Section 110(a)(2)(L ) Fees are collected according to the District’s approved SIP revision under 20 DCMR 305, Title V permit program , as codified in 40 CFR 52.740(c), Appendix A; 40 CFR Part 70; and 60 FR 40101, August 7, 199 5. 1 3 . Section 110(a)(2)(M) There are no political subdivisions in the District. A ll SI P revisions undergo public notice and hearing that allows for comment by the public, including local poli tical subdivisions. T he public notice and hearing proc esses fulfill the requirements for consultation with local political subdivisions affected by the SI P. MWAQC is an organization that has been certified by the Governors of Maryland and Virginia and the Mayor of the District of Columbia under section 174 o f the CAA and includes representative of local governments.
F . CONCLUSIONS AND RECOMMEND ED AGENCY ACTION EPA’s analy sis of the District’s infrastructure submittals for the 1997 8
- hour ozone and PM 2.5 NAAQS and the 2006 PM 2.5 NAAQS concludes that the Di strict’s submittals meet the re quirements of section 110(a)(2) (A), (B), (C), (D)(ii), (E), (F), (G), (H), (J ), (K), (L), and (M)
. Itis recommended that a notice of proposed rulemaking be prepared approving the District’s infrastructure submittals for the 1997 8
- hour ozone and PM 2.5 NAAQS and the 2006 PM 2.5 NAAQS
.