11O(a)(2)(A)-(M) Requirements in the Current District ofColumbia State Implementation Plan

A state implementation pian (SIP) is aplan for each state that identifies how that state will attain and/or maintainthe primary and secondary national ambient air quality standards (NAAQS). The SIP is a complex, fluid document containing regulations, source-specific requirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulgatedby the U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved by on May 31, 1972. SIPs canbe revisedby the state with EPA approval as necessary. The federally enforceable SIP for the District ofColumbia is compiled in 40 CFR Part 52 Subpart J.

Many of the miscellaneous requirements ofSection 1 l0(a)(2)(A)-(M) ofthe Clean Air Act (CAA) relevantto the 8-hour ozone NAAQS are already contained in the District ofColumbia’s current SIP or SIP revisions which have been submitted to but not yet approved by EPA. The following table summarizes where these requirements ofSection 11 0(a)(2)(A)-(M) are addressed in the District ofColumbia’s current SIP or SIP revisions which have been submitted to but notyet approvedby EPA.

Section 110(a) Summary ofElement Provisions in the Current Where Codified Element District ofColumbia SIP or Approved by EPA §1 10(a)(2)(A) include enforceable emission limitations and The District submitted the June12, 2007 reasonable 40 CFR 52.470(c) other control measures, means, or techniques furtherprogress (RFP) and attainment 

## (including economic incentives such as fees, demonstration SIP revision is aplan which includes marketable permits, and auctions ofemissions enforceable emissions limits, controls measures, rights), as well as schedules and timetables for fees, and compliance schedules by describing compliance as may be necessary or appropriate regulations upon whichthe plans rely. Many of to meetthe applicable requirements ofthis Act. these limits, measures, and fees are found inthose provisions of20 DCMR Chapters 2, 3, and 6 through 10 which are in the District’s approved SIP and listed in 40 CFR 52.470. 

## § 11 0(a)(2)(C) include aprogramto provide forthe The elements for the program for enforcement are 40 CFR 52.470(c) enforcement ofthe measures described in found inthose provisions of20 DCMR Chapters 1 subparagraph (A) and regulation ofthe and 5 and 20 DCMR 302.2, as well as the modification and construction ofany stationary monitoring, recordkeeping, and reporting

source within the areas covered by the plan as requirements for sources in the control measure

1necessary to assure that national ambient air quality standards are achieved, including a permitprogram as required in parts C and D;

contain adequate provisions

-

(i) prohibiting, consistentwith the provisions ofthis title, any source or othertype of emissions activity within the state from emitting any airpollutant in amounts which will- (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respectto any such national primary

or secondary ambient air quality standard, or (II) interfere with measures required to be included inthe applicable implementationplan for any other State underpart C to prevent significant deterioration ofair quality orto protectvisibility,

(ii) insuring compliance with the applicable requirements ofsections 126 and 115 (relating
to interstate and international pollution abatement); regulations of20 DCMR Chapter 2, 3 and 6 to 10 that are inthe approved SIP and listed in 40 CFR 52.470.

The District’s SIP currently has inthose provisions of20 DMCR Chapters 2 and 10 in the approved SIP found at 40 CFR 52.470. A SIP revision pertaining only to 

## § 11 0(a)(2)(D)(i) is being submitted separately. The District is not currently subjectto requirements under sections 115 and 126. 

## § 110(a)(2)(D) 40 CFR 52.470(c)



## § 1 10(a)(2)(E)(ii) (ii) requirements thatthe state comply with the Because the District does nothave aboard which requirements respecting state boards under approves permits or enforcement orders, this section 128, and element is not applicable. 

## § 1 10(a)(2)(E)(iii) (iii) necessary assurances that, where the state Because the District does notrely on localities for has relied on a local or regional government, SIP implementation, this element is not applicable. agency, or instrumentality for the implementation ofany plan provision, the state

2has responsibility for ensuring adequate implementation ofsuchplanprovision; 

## § 110(a)(2)(F) require, as may be prescribedby the The elements forthe installation and maintenance 40 CFR 52.470(c) Administrator— ofmonitoring equipment and, forperiodic reporting ofemissions and emissions related data are found (i) the installation, maintenance, and in 20 DCMR 501 and 502; 20 DCMR 302, 500, and replacement ofequipment, and the 502; and 20 DCMR 302.1 as well as the implementation ofother necessary steps by monitoring, recordkeeping, and reporting
owners or operators ofstationary sources to requirements for sources in the provisions ofthose monitor emissions from such sources, control measure regulations of20 DCMR Chapters

(ii) periodic reports on the nature and amounts 2, 3 and 6 to 10 that are in the approved SIP and ofemissions and emissions-related data from listed in 40 CFR 52.470. such sources, and

(iii) correlation ofsuch reports by the state agency with any emission limitations or standards establishedpursuantto this Act, which reports shall be available atreasonable times forpublic inspection; §11 0(a)(2)(G) provide for authority comparable to that in Statutory authority is found in section 3 ofthe 40 CFR 52.470(c), section 303 and adequate contingency plans to District ofColumbiaAir Pollution Control Act of 52.51 5(c)(2), and implement such authority; 1984 effective March 25, 1985 (D.C. Law 5-165) 52.470(a); see 37 which created DCMR 401. FR 19806, 9/22/72

20 DCMR 401 was approved into the SIP by 60 CFR 44431, August 28, 1995 and codified at 40 CFR 52.470(c);

SectionV ofthe revisions to the plan submitted on April 28, 1972, by the District ofColumbia as codified at 40 CFR 52.470(c)(2) (priorto July 1, 1998, see 40 CFR 52.15 1(c)(2)). 

## § 110(a)(2)(I) inthe case ofaplan orplan revision for an area Part D pertains to general requirements for 40 CFR 52 Subpart designated as anonattainment area, meetthe nonattainment areas. The entire District is in the J and

3applicable requirements ofpart D (relating to Washington DC-MD-VA ozone nonattainment 64 FR 57777, nonattainment areas); area. 10/27/1999

The pertinent emission limitations and schedules

are contained in the District’s Reasonable Further Progress(RFP) and attainment demonstration SIPs submitted on June 12, 2007 and in the regulations in the District’s approved SIP that are listed in 40 CFR 52.470(c). _1

On June12, 2007 the District submitted a SIP revision pertaining to the base year inventory, RFP plan, and attainment demonstration for the Washington DC-MD-VA ozone nonattainment

area. The District submitted the RACT SIP on October 27, 1999. The pertinent emission limitations and schedules are contained in these submittedplans.

The regulations in the District’s approved SIP that

are listed in 40 CFR part 52 Subpart J related to nonattainment areas comply with Subpart D requirements because these could nothave been approved ifthey had not met Subpart D requirements. 

## § 11 0(a)(2)(J) meetthe applicable requirements ofsection 121 All SIP revisions have gone throughpublic notice 40 CFR 52.470(c) 

## ( 121 consultation) (relating to consultation),

... and hearing which have allowed for commentby and 52.470(e) the public, including local political subdivisions. The DistrictDepartment ofthe Environment

. (DDOE) believes the public notice and hearing processes fulfills the section 121 consultation process. Furthermore, the DistrictDepartment of Transportation and the Metropolitan Washington

4Air Quality Committee (MWAQC) play an important role inthe attainment and RFP planning process. The submitted attainmentplans and regulations in the approved District’s SIP specify the organizations responsible for implementing and enforcing the plans.



## § 110(a)(2)(J) meetthe applicable requirements of... part C The District ofColumbia SIP incorporates federal 40 CFR 52.499 (PSD) (relating to prevention ofsignificant regulations forpreventing significant deterioration deterioration ofair quality and visibility ofair quality in 40 CFR Part 52 Subpart J. protection);

§1 10(a)(2)(K) provide for: On June 12, 2007, the District submitted a SIP (i) the performance ofsuch air quality revisionpertaining to the base year inventory, RFP modeling as the Administratormay prescribe plan and attainment demonstrationfor the forthe purpose ofpredicting the effect on Washington DC-MD-VA ozone nonattainment ambient air quality ofany emissions ofany air area, which contained the required modeling. pollutant for whichthe Administratorhas established a national ambient air quality standard, and

(ii) the submission, upon request, ofdata relatedto such air quality modeling to the Administrator; require the owner or operator ofeach major Fees are collected according the Title V permit 40 CFR 52.470(c), 

## § 1 10(a)(2)(L) stationary source to pay to the permitting program which has been approved by EPA under Appendix A authority, as a condition ofany permitrequired 20 DCMR 305. 40 CFR Part 70 under this Act, a fee sufficientto cover— and 60 FR40101,

(i) the reasonable costs ofreviewing and 08/07/1995 acting upon any application for such apermit,and (ii) ifthe owner or operatorreceives apermit for such source, the reasonable costs of implementing and enforcing the terms and conditions ofany such permit (not including any court costs or other costs associatedwith any enforcement action), until such fee requirement is superseded with respectto such

sources by the Administrato?s approval ofa fee program undertitle V; 

## § 110(a)(2)(M) Provide for consultation andparticipation by There are no local political subdivisions in the local political subdivisions affectedby the plan District. This is done underthe normal public notice and commentprocedures. Furthermore, all SIP revisions have gone throughpublic notice and hearing which have allowed for comment by the public, including local political subdivisions. We believe the public notice and hearing processes fulfills the requirements for consultation with local political subdivisions affectedby the SIP. Furthermore, on June 12, 2007 the District submitted a SIP revision pertaining to the base year inventory, RFP plan and attainment demonstration forthe Washington DC-MD-VA ozone nonattainment areawhich was developed by the regional planning organizatiOn, Metropolitan Washington Air Quality Committee (MWAQC). MWAQC has been certifiedby the Governors of Maryland and Virginia and the Mayor ofthe District ofColumbiaunder section 174 ofthe CAA and includes representatives oflocal governments.

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