UNITED STATES ENVIRONMENTAL PROTECT I ON AGENCY REGION Ill 1650 Arc h Stre et Phil ad elph ia, Pen n sylv a n ia 1910 3- 2029

Tommy We ll s, Director District D epartm e nt of E ne rgy and E nv ironme nt 1200 First Street NE, 5 1 h Floor Washi ngton, District of Columbia 20002
Dear Director We ll s : 

## MAY 1 1 2016

On J anu a ry 8, 2016, the U.S. Environmental Protection Agency (E PA) rece ived a revi s ion to the District of Co l umbia State Imp leme ntation Plan (S IP) dated December 28, 2015 from the Di stric t Departme nt of Energy and Enviro nment ( DDO EE). The SIP revision addresses ce rtain infrastructu re eleme nts spec ifi e d i n section I I O(a)(2) of the C l ean Air Act (CAA) that are necessary to implement, maintain , and enforce the 2012 fine particu l ate m atter (PM2 .s ) national ambient air quality standards (NAA QS) in the District of Co lumbia. EPA ha s d e termined that th e s ubmitta l i s technically incompl e te for so me of the relevan t infr as tructure elements of sec tion 1 1 O(a)(2) o f the CAA.
EPA finds that the Di strict o f Columbia has fa i led to make a co mp lete s ubmittal for th e portions of the infrastructure elements in section 11 O(a)(2)(C), ( D)(i)( II ), (D)(ii ) , and 

### (J) re lating to the permitting program for Prevention of Sign i fic ant Deterioration (PSD), by not adequately addressing the requirements of part C of title I of the CAA for having a SIP approved PSD program. EPA recognizes that the Di strict of Columbia is a lready subject to a Federal Impl e men tation Plan (FIP) containing the Fede ral PSD program to correct th e S I P deficiency and that DDO EE wo uld not ha ve to take further action for the FIP based permitting process to cont inue operati ng. Thu s, EPA an ticipates that th ere w ill be no adverse co n seq ue nces to DDOEE from this incompleteness finding for the PSD related portion s of sec tion 1 1 O(a)(2)(C ) , (D)( i)(II), ( D)(i i), and 

### (J) for the 2010 S02 NAAQS. Mandatory sanctions wou ld not app l y to th e D istrict of Columbia under CAA sec tion 179 becau se the fai l ure to s ubmit a PSD SIP i s n either with respect to a submission that is requ ired under CAA title I part D , nor in response to a S IP ca ll under CAA section II O(k)(5).
Conve r se ly, E PA finds that the remaind e r of the Dec e mb e r 28,20 1 5 SIP s ubmittal is administratively and techn ically co mplete. As a resu l t of thi s finding , EPA can on ly proceed i n rev iewin g the complete po rt ions of the submittal , but cannot app rove the PSD-re lated portions of sec tion l l O(a)(2)(C) , (D)(i)(II), (D)(ii) , and (J) for the 20 1 2 PM2.s NAAQ S, unt i l the Di s tri c t of Columbia through DDO EE s ubmits a S IP to address the P S D permit program requirement s of part C of titl e I of the CAA. E P A is re v iew ing the co mpl e te portions of the submittal to prepare a Notice of Direct Final Ru lemaking ( DFR) action.



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- App. V)
SI P Sub mi tte d by: Date Submitted: Di s tri ct Department of Energy and E nviro nm ent D ecember 28,2015 Subject: District of Co lumbia's In frastructure SIP Revision for the 20 1 2 Fine Particulate Matter Standards
Co mpl eteness Review Comp le te d by: Date Completed: Ru t h Knapp 

### Is/ May I , 20 1 6
Administrative Materials ACCEPTABLE



# I EPA REQUIREMENT 

## I STATE SUBMITTAL 

## I (J) 

# I

I. A formal signed, stamped , and da ted letter of submittal fro m t he Governor or hi s d es i g n ee, requesting E PA ap proval of th e**an** or r evis io n thereof. If electing to s ubmi t a paper

1sub mi ssio n with a copy in electronic ve r s ion , the submittal letter mu s t verify that the electronic copy pro v ided i s an exact**~uplicate** of the paper submission. I. A formal letter dated December 28, 20 1 5 from Tommy W e ll s, Directo r ofthe District Department of E nergy and E nvi ronme nt (DDOE) to Shawn G. Garvin , Regional Administrator, U.S. Envi ronm e n tal Protection Age ncy (E PA) 

### I 

### P" Region III was inclu ded. The e lectronic ver sion contains an exact copy of th e letter. 

# p. Evi d ence that th e State has adopted the plan in th e State code 2. The SIP revision consists of a plan to sati sfy the**~r** body of regulations; o r i ss u ed the p ermit , o rder, co n se nt infrast ructure requirements of sec tion 

### 11 O (a)(2) of th e C lean**greement** in fmal form. Th at evidence s hall in c lud e th e dat e 

### Air Act (CAA) for the fi ne particulate matter (PM2 .s ) national 

### f adopti o n or fin a l is s u ance as we ll a s the effect ive date of the ambient a ir quality standards (NAA QS) fo r the Di s trict of ian , if different from the adop ti on/issuance date. Columbia (the Di s tric t). The infrastructure pl an dated December 2015 was p rovided as pa rt of the submittal. State regulations referred in th e s ubmittal ha ve already be e n adopted by the Di s trict and ei th er have been submitted for approva l or 1 p have alre ady be en approved by EPA into the SIP, as codified i n 40 CFR part 52, s ubpart 

### J.
Note: The su bmitta l is incomplete for portions of the in frastructure e lements 

### in sect ion 110(a) (2)( C ), (D)( i )( II ), ( D )( ii ), and 

### (J) relating to the permitting pro gram for PSD. DC doe s not have a SIP approved PSD pro g ram b ut a FIP addressing PSD is al read y in p lace. Furth e r ite m s on thi sEPA REQIDREMENT

3. Evide nc e that th e State has the necessary legal authority Iunder State law to adopt and implement the plan. STATE SUBM ITTAL checkl ist do not pertain to the PSD portions of the elements which are incomplete.

3. As specified in the**trans~ittalletter** dated De cember 28, 2015 , the District has authority to implem e nt this plan into its SIP pursuant to the Di strict of Co lumbia Air Pollution Contro l Act of 1984 (APCA), the Di str ict Department of E nv ironment Establishment Act of2005, and Mayor Ord er's 2015-191.**~-** A copy of actual regulation , or document submitted for 4. The infrastntcture plan dated D ece mb e r 2015 was provided**~pproval** and incorporation by reference into the plan, including as part of the submittal. The subm ittal ref ers to provisions in indication of the changes made (such as redline/strikethrough) state regulations and state code. State regulation s referred in to the existing approved plan, where app l icable. The the subm ittal have a lready been adopted by the District, and submission shall includ e a copy of the official State either ha ve been subm itted for approval or have already been re g ulation/document signed , stamped, dated by the appropriate approved by EPA into the SIP, as codified in 40 CFR part 52, State official indicating that it is fully enforceable by the State. subpart J. In addition, the submittal provides copies of the The effective date of any regu lation/document contained in the referenced state code provisio n s. submission sha ll , whenever possible, be indicated in the regulation/document itself; otherwise the State should include a letter signed, stamped , and dated by the appropriate State official indicating the effective dat e. If th e regulation/document provided by the State for approval and incorporation by reference into the plan i s a copy of an existing tpublication, the State s ubm i ssion s hould , whenever possible, include a copy of the publication cover page and table of contents. 5. Evidence that the State followed all of the procedural requirem ents of the State's laws and constitution in conducting and completing the adoption/issuance of the plan. 5. The transmittal letter dated Dec e mber 28, 2015 indicates that the Di strict has followed all procedural requirements for adoption and implementation of the plan , as provided in 40 CFR part 51. Additional do c umentation was provided to support this, as exp lain ed b elow (see entries 6 and 7). (J)

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# 6. Evide nce that public notic e was give n of the proposed 

# 16. Copies of the public hearing notices published in th e Di strict 1

### ~hange co n s istent with procedures app roved by E PA , includin g of Columbia Register and in DDOEE's webs ite on November 

### p

### EPA REQUIREMENT STATE SUBMITTAL (J) he date of publication of such notice. 20, 2015 were inc luded

. Both notices directed the public to provide comments by D ecember 2 1 , 2015 , and announced a public hearing for the proposed SIP revision to be held on such date.

7. Certifi cation that public hearings were h eld in accordance 7. A copy of the Hearing Officer's Certification dated [with the information provided in the pub lic notice and the December 22, 2015 was provided , certifying that a public**~** State's laws and constitution, if applicable. hearing was held as proposed on December 21 , 2015, and indicating no attendance.

8. Compilation of public comments and the State's response 8. No public comments were provided.**~** thereto.


### Technica l S

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### EPA REQUIREMENT STATE SUBMITTAL (J) I. Identification of all regulated pollutants affected by the plan. 1. Regulated pollutant is PM2

.s pertaining to the 2012 PM2 .s NAA QS , but plan al so related to PM2 .s precursors, including**~** nitrogen oxides (NOx), s ulfur dioxide (S02), volatile organic compounds (VOC) , and ammonia.
I
! 2. Identifi cation of the location s of affected sources includin g 2. This plan applies statew ide; the infra s tructure requirements the EPA anainment/nonattainment designation of the locati ons are not related to specific nonattainrnent areas with respect to 

### p and the status of the attainment plan for the affected area(s). th e 2012 PM 2.s NAAQS.

3. Quantification of the c hanges in plan allowable emissions 3. The plan does not r elate to any contro l measures that would from the affected sources; estimates of c han ges in current res ult in additional emissio n s changes. All control measures actual emissio n s from affec ted so urce s o r, where appropriate, identified in this plan have already been adopted by th e District qu antification of changes in actual emissions from affected as part of state reg u lations that e ith e r ha ve been su bmitted for**~** sources through calculations of the diff e rence s between certain approval or have a lread y been approved by EPA into the SI P , baseline levels and allowable emissions anticipated as a result as codified in 40 CFR part 52, subpart J. Quantifications of of the revision. emis s ions changes were provided in th e particu lar SIP submittals.

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### EPA REQUIREMENT STATE SUBMITTAL (J)**~-** The State's demonstration that the national ambient a i r 4. The plan does not relate to any control measure s that would quality standards, prevention of significant deterioration re su lt in add iti onal emissions changes; therefore it will not 

### P" increme nts, reasonabl e further progress demonstration , and affect any of these aspects. visibi li ty, as applicable, are protected if th e plan is approved and implemented. 5. Modeling information required to support the proposed 5

. Not applicable. revision , including input da ta, o utput data, model s used, ambient monitoring data used , meteorological data used , p**~u stitication**  for use of offsite data (where used), modes of !models us ed, assumptions , and other information relevant to the determination of adequacy of the modeling analysis. 6. Evidence, where necessary , that emission limitations are 6. Not applicable. All control mea s ures identified in this plan based on continuous emission reduction technology. have a lready been adopted by the Di strict as part of state regu lations, that e ither have been submitted for approva l or p hav e already been approved by EPA into the SIP , as codified in 40 CFR 52, subpart 

### J.

7. Evidence that the plan contains emiss ion limitations, work 7. Not applicable. All control measures identified in this plan !Practice standards and recordkeeping/reporting requirements , have already been adopted by the District as part of state !Where necessary , to ensure emission levels. regulations , that either have been submitted for approval or p hav e already been approved by EPA into the SIP , as codified in 40 CFR 52, subpart J.

8. Compliance/e nforc ement s trategies, including how 8. Not appl icabl e. All control mea s ures identified in this plan compliance will be det ermin ed in practice. have already been adopted by the Di strict as part of state regulations that either have been submitted for approval or have 

### p already been approved by EPA int o the SIP , as codified in 40 CFR 52 , s ubpart J.

9. Special economic and technological ju s tifications required 9. Not applicab le. 

### p by any applicab le EPA policies. (If a policy is not appropriate , explain why.)-- - --- EPA REQUIREMENT STATE SUBMITTAL (J) 10. A Section I 07 request must be accompanied by a 10. Not applicab le. maintenance plan demonstrating maintenance to the relevant p NAAQS for at least 10 years after redesignation.