GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

*** 

Office of the Director 

April 5, 2013 

Shawn M. Garvin 

Regional Administrator 

U.S. Environmental Protection Agency 

Region III (Mail Code: 3RAOO) 

1650 Arch Street 

Philadelphia, P A 19103-2029 

Subject: Submittal of the District of Columbia's New Source Review Regulations 

as a SIP Revision 

Dear Mr. Garvin: 

Pursuant to the authority set forth in the District of Columbia Air Pollution Control Act 

of 1984 as amended, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code§§ 

8-101.01 et seq. (2008 Repl. & 2012 Supp.)), the District Department of the Environment 

Establishment Act of2005, as amended, effective February 15, 2006 (D.C. Law 16-51 ; 

D.C. Official Code§§ 8-151.01 et seq. (2008 Repl. & 2012 Supp)); Mayor's Order 98-

44, dated April10, 1998, Mayor's Order 98-45, dated April10, 1998, and Mayor's Order 

2006-61, dated June 14, 2006, the District of Columbia is hereby requesting approval of 

its State Implementation Plan (SIP) revision pertaining to amendments to Chapters 1 and 

2 ofTitle 20 (Environment) ofthe District of Columbia Municipal Regulations (DCMR). 

A Notice of Final Rulemaking was posted in the D.C. Register on November 16, 2012, at 

59 DCR 013044 (D.C. Register ID 4049670). 

The following are attached: 

• One copy of the Chapters 1 and 2 revisions, Notice of Final Rulemaking, as 

adopted; 

• One copy of the Chapters 1 and 2 revisions with underline/strikethrough to 

indicate the SIP revisions; 

• The Public Hearing Notice; 

• The Hearing Officer's Certification; 

• One disk containing an electronic version of the entire SIP revision. The 

electronic version includes an exact duplicate of the paper copy of the SIP 

revision submittal as well as an additional data file supporting the submittal. The 

additional data file is a compilation of public comments received and responses, 

referred to as a "Technical Support Document" (i.e., record ofrulemaking 

preambles and response to comments document), as well as copies of the 

comments received on the rulemaking. 

DISTRICT ~~greenforward DEPARTMENT 

OF THE 

ENVIRO MENT 1200 First St. NE, 5th Floor, Washiri.gton, DC 20002 1202-535-2600 I ddoe.dc.gov 
Specifically, I request that the following portions of Chapters 1 and 2 be approved as a 

SIP revision: 

Section 199 - amend, add, and delete specific definitions and amend one 

definition for an acronym in the Chapter 1 SIP; 

Section 200- amendment thereof; 

Section 204- entirely replace current section with revised section in SIP; 

Section 206 -repeal and reserve; 

Section 208 - add section to SIP; 

Section 21 0 - add section to SIP; 

Section 299 - amend introductory language and add and amend specific 

definitions in Chapter 2 SIP; 

These are the only portions of the rulemaking that the District of Columbia is requesting 

be considered part of this SIP revision to address the Clean Air Act's requirements to 

reduce ground-level ozone levels and particulate matter, including precursor emissions of 

NOx and VOCs. Section 209, which was added as a part of the same rulemaking action, 

is not being submitted as a SIP revision. 

Should you have any questions or require additional information, please contact me at 

(202) 535-2615, or Ms. Cecily Beall, Associate Director for the Air Quality Division, at 

(202) 535-2626. 

Si 

ith A. An erson 

Acting Director 

Enclosure 

cc: Diana Esher, Director, Air Protection Division, EPA Region 3 

Cecily Beall, Associate Director, Air Quality Division, DDOE 
20 DCMR Chapters 1 and 2:

New Source Review

Technical Support Document

As of 11.16.2012
CONTENT

The New Source Review regulation amendments were first published in the D.C. Register on 

February 17, 2012, at 59 DCR 001217.

Preambles:

Notice of Proposed Rulemaking

Posted: February 17, 2012 (59 DCR 001217, D.C. Register ID 1942733)

Hearing Date: March 19, 2012

Notice of Final Rulemaking

Posted: November 16, 2012 (59 DCR 013044 D.C. Register ID 4049670)

Response to Comments Documents:

Responses to Public Comments on Proposed Rulemaking (November 16, 2012)
Preambles
NOTICE OF PROPOSED RULEMAKING

Posted: February 17, 2012 (59 DCR 001217, D.C. Register ID 1942733)

Hearing Date: March 19, 2012

The Director of the District Department of the Environment, pursuant to the authority set forth in 

sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, 

effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-

101.06(b)(2008 Repl.)); section 107(4) of the District Department of the Environment 

Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §

8-151.07(4)(2008 Repl.)); Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-

61, dated June 14, 2006, hereby gives notice of the intent to adopt the following amendments to 

Chapters 1 and 2 of title 20 (Environment) of the District of Columbia Municipal Regulations 

(DCMR) in not less than thirty (30) days from the date of publication of this notice in the D.C. 

Register. Further, these rules shall not become effective until approved by the Council of the 

District of Columbia, or forty-five (45) days after submission to the Council, not including 

Saturdays, Sundays, legal holidays, and days of Council recess, if the Council has not 

disapproved these rules.

SUMMARY

The New Source Review (NSR) program is a permit program created to help achieve and 

maintain compliance with the National Ambient Air Quality Standards (NAAQS) set by the 

United States Environmental Protection Agency (EPA). The EPA has set NAAQS for six (6) 

“criteria” pollutants: ozone (O3), particulate matter (PM), carbon monoxide (CO), nitrogen 

oxides (NOx), sulfur dioxide (SO2), and lead (Pb). NSR applies to new and modified major 

emission sources that have the ability to significantly impact air quality or interfere with other 

programs created to achieve and maintain NAAQS levels. The District is currently designated 

by EPA as being in “nonattainment” of the NAAQS for ozone and particulate matter. 

Nonattainment NSR requires more stringent emission standards for certain pollutants that exceed 

the NAAQS. Therefore, the District must have increased control measures for particulate matter 

and the precursor pollutants (mainly NOx and volatile organic compounds) that create ozone.

Federal NSR Amendments

To meet the objectives above, the proposed rules amend certain sections of the District’s air 

quality regulations that pertain to NSR. The proposed rules must also comply with federal 

requirements pertaining to the implementation of the District’s comprehensive air pollution 

control program. Since EPA amended certain federal regulations pertaining to NSR standards 

and requirements, the proposed rules amend the District’s NSR regulations in accordance with 

the EPA requirements summarized below. 

EPA published amendments to the federal NSR rule on December 31, 2002. See 67 Fed. Reg.

80186. The primary sections of the new rule changed the method for calculating a significant 

increase, added a plantwide applicability limit, and created a clean unit exemption. For 

calculating pre-project emissions, the federal rule replaced the “actual emissions” calculation, 
which was based on the previous twenty-four (24)-month period, with a “baseline actual 

emissions” calculation, which allowed the use of any consecutive twenty-four (24) month period 

within the last ten (10) years. Id. at 80195. The federal rule also added the option of an actualto-projected-actual emissions test in addition to the existing actual-to-potential emissions test for 

calculating post-project emissions. Id. at 80196. Due to concerns about the uncertainty of 

predicting emission levels, the federal rule also stated that when the “projected actual” emissions 

have a “reasonable possibility” of meeting or exceeding the significant level for that NSR 

pollutant, the owner or operator must comply with recordkeeping, and in some cases reporting 

requirements. Id. at 80197. 

The federal NSR amendments also adopted a plantwide applicability limitation (PAL) and a 

“clean unit” exemption. The PAL allowed a major modification or change to method of 

operation for an individual emissions unit to avoid triggering NSR if there was no net significant 

increase in the plantwide actual emissions of that pollutant. Id. at 80206. The “clean unit” 

program created an exemption for facilities which had already installed certain emission controls 

either voluntarily or under a previous NSR determination. Id. at 80222.

New York and thirteen (13) other states, including the District, challenged the federal NSR rule

in the D.C. Circuit Court of Appeals. In its decision, the Court remanded the “reasonable 

possibility” standard for further clarification, vacated the clean unit (CU) provisions, and vacated 

the pollution control project (PCP) provisions that had been initially promulgated in 1991 and 

had been carried forward in the 2002 rule (57 Fed. Reg. 32314). See New York v. EPA, 413 F.3d 

3 (D.C. Cir. 2005). Pursuant to the 2005 court order, EPA issued a final NSR rule on June 13, 

2007, amending its regulations to eliminate the CU and PCP provisions. See 72 Fed. Reg. 

32526. 

On December 21, 2007, EPA issued a final rule clarifying the definition of “reasonable 

possibility” with respect to the record-keeping and reporting requirements. 72 Fed. Reg. 72607. 

The rule finalized the “percentage increase” option, whereby if the “projected actual” emissions 

are fifty percent (50%) or more of the significant level for that NSR pollutant, then the 

“reasonable possibility” recordkeeping and reporting requirements are triggered. Id. at 72609. 

The revised “reasonable possibility” requirements were not challenged.

Additional amendments to the NSR permitting program also faced legal challenges. On October 

27, 2003, EPA promulgated the Equipment Replacement Provision (ERP) of the Routine 

Maintenance, Repair and Replacement Exclusion (RMRR) which provided that projects 

involving replacement of equipment not exceeding twenty percent (20%) of the replacement 

value of the total unit were considered “routine maintenance” and exempt from NSR permitting 

and air quality analysis requirements. 68 Fed. Reg. 61248. Fourteen (14) states, including the 

District of Columbia, several cities, counties and numerous environmental groups challenged the 

legality of the rule in the D.C. Circuit Court of Appeals, which subsequently stayed the rule on 

December 24, 2003. The Court ultimately struck down the ERP provision, finding that it was 

contrary to the plain language of section 111(a)(4) of the Clean Air Act. See New York v. EPA, 

443 F. 3d 880 (D.C. Cir. 2006).
On February 27, 2006, EPA issued another final rule affecting the NSR program by amending 40 

CFR part 60, subparts Da, Db, and Dc, which established emission limitations for NOx, SO2, and 

PM from electric utility steam generating units (EGUs). See 71 Fed. Reg. 9866. Twelve (12) 

states, including the District of Columbia, the city of New York, and several environmental 

groups challenged the Final Rule on both the stringency of its emission limitations and its failure 

to regulate greenhouse gases (GHGs). Following the Supreme Court’s decision in 

Massachusetts v. EPA, 549 U.S. 497 (2007), EPA requested a remand of the final rule for 

reconsideration of the GHG emissions issue, which the D.C. Circuit Court of Appeals granted on 

September 24, 2007. See State of New York, et al. v. EPA, No. 06–1322 (September 24, 2007). 

EPA also requested a remand on determination of the emission limitations for NOx, SO2, and 

PM, which the Court granted on September 4, 2009. See State of New York, et al. v. EPA, No. 

06–1148 (September 4, 2009). On December 30, 2010, EPA published a notice of proposed

settlement agreement, whereby it committed to signing a proposed rule to regulate GHGs from 

EGUs by July 26, 2011, and to take action on the final rule by May 26, 2012. See 75 Fed. Reg. 

82392.

On September 14, 2006, EPA published a proposed amendment to the NSR permitting program 

to address “debottlenecking, aggregation, and project netting.” See 71 Fed. Reg. 54235. EPA 

proposed changes to how NSR applies to the modification of one portion of a facility in such a 

manner that production or throughput in other unchanged portions of the facility increases, a type 

of modification known as a “debottlenecking" project. Under the proposed amendments, 

unchanged portions of the facility would not be subject to NSR if emissions from those portions 

have already been taken into account in a prior permit or regulatory action. Id. at 54241. EPA 

also proposed a clarification to NSR to allow multiple projects that are implemented at a facility 

to be treated as a single project (such as, aggregated) if one project is dependent on another. Id. 

at 54244. Finally, EPA proposed to simplify a step in the calculation used to determine whether 

NSR applies when emissions increases and decreases are added together (called "netting"). The 

netting process considers certain previous and prospective emission changes at an existing major 

source to determine if a net emissions increase of a pollutant will result from a proposed project. 

Id. at 54248. On January 15, 2009, EPA published notices finalizing the aggregation portion of 

the rulemaking and withdrawing the debottlenecking portion. See 74 Fed. Reg. 2376 and 74 

Fed. Reg. 2460.

District NSR Amendments

These proposed rules are a combination of EPA’s NSR amendments as they have evolved in 

response to the litigation and different NSR options drafted by the National Association of Clean 

Air Agencies (NACAA, formerly STAPPA and ALAPCO – State and Territorial Air Pollution 

Program Administrators (STAPPA)) and the Association of Local Air Pollution Control Officials 

(ALAPCO)). The NSR provisions drafted by NACAA are more stringent than the federal NSR 

rules and they were designed to control regulated NSR pollutants more than the federal rules. 

Since the District is in nonattainment for ozone and particulate matter, these proposed NSR rules 

are more stringent than the federal NSR rules in an effort to reduce the emissions of particulate 

matter and the ozone precursor pollutants, NOx and volatile organic compounds. 
Specifically, these proposed rules do not adopt the federal amendments that replace the “actual 

emissions” calculation with a “baseline actual emissions” calculation. The “baseline actual 

emissions” calculation allows a ten (10) year “look back” period with the ability to use different 

twenty-four (24) month periods to calculate the emissions of each regulated pollutant separately. 

This would allow a source to calculate its pre-construction emissions based on the highest level 

of emissions in any twenty-four (24) month period over the past ten (10) years for each pollutant 

separately and those amounts would be compared to the amounts that will be emitted from a new 

or modified source to determine if NSR was required. In the alternative, these proposed rules are 

more stringent in that they only allow a five (5) year “look back” period wherein any consecutive 

twenty-four (24) month period can be used to calculate the actual emissions of all regulated NSR 

pollutants at the same time. Since different pollutants can have higher emission rates at different 

times, these proposed rules are more stringent by decreasing the “look back” from ten (10) to (5) 

years and requiring that the same twenty-four (24) month period be used to calculate all of the 

regulated NSR pollutants.

These proposed rules do not adopt the federal actual-to-projected-actual emissions test and 

instead retain an actual-to-potential emissions test for calculating post-project emissions. This is 

more stringent because potential emissions often include the maximum capacity of a source and 

are more certain than projected actual emissions (which means that comparing new or modified 

sources to potential emissions as opposed to projected emissions is more likely to trigger NSR 

and require increased control of regulated pollutants). Because these proposed rules do not allow 

a source to project future actual emissions, the “reasonable possibility” requirements do not 

apply. 

In relation to federal NSR, these proposed rules make many minor changes that help clarify 

calculations and compliance requirements for the District’s NSR program and they include the 

adoption of a PAL permit. 

The proposed changes discussed above are reflected in these proposed rules by: amending and 

deleting definitions in 20 DCMR § 199.1 that pertain specifically to NSR, and adding new 

definitions in 20 DCMR § 299.1; amending the requirements for NSR permits in 20 DCMR §

204; and adding PAL permits in 20 DCMR § 208 for major sources that want the flexibility to 

make minor changes at the facility without triggering NSR. 

In addition, these proposed rules add minor new source review standards in 20 DCMR § 209 that 

would affect sources that have a potential to emit equal or greater than five tons per year (5 Tpy)

and change the notice and comment requirements in 20 DCMR § 210. The minor new source 

review standards will require smaller sources to reduce emissions by operating control 

technologies or using pollution prevention methodologies. The proposed notice and comment 

changes will allow greater flexibility for public notification of permits issued under chapter 2 of 

title 20 of the DCMR, such as posting on the DDOE website. 

Additionally, these proposed rules clarify that operating permits issued under 20 DCMR § 200

must be renewed upon expiration to allow continued operation of the source. At the same time, 

these proposed rules would reduce the frequency of required renewals by extending the 

allowable effective duration of a permit from three (3) to five (5) years. This would reduce 
paperwork burdens for both the regulated community and DDOE without significantly reducing 

the effectiveness of the air quality program.

Finally, these proposed rules also establish source category permits (commonly referred to as 

“general permits” in other jurisdictions) that will allow DDOE to issue a single permit for groups 

of similar sources. Individual sources will be able to apply for coverage under the source 

category permit rather than establishing a new permit specific to their source. This change 

would benefit both permit applicants and DDOE by reducing the processing time of permits and 

improving the consistency of requirements established for each source within each covered 

source category.

Comments on these proposed rules must be submitted electronically or in writing, no later than 

thirty (30) days after the date of publication of this notice in the D.C. Register. Written 

comments must be submitted to Ms. Cecily Beall, District Department of the Environment, Air 

Quality Division, 1200 First Street, NE, 5th Floor, Washington, D.C. 20002 or 

cecily.beall@dc.gov or (202) 535-2600.

DDOE’s policy is that public comments, whether mailed, delivered, submitted electronically on 

computer disks or in paper, will be made available for public viewing on its website as DDOE 

receives them and without change, unless the comment contains copyrighted material, 

confidential business information, or other information whose disclosure is restricted by statute. 

When DDOE identifies a comment containing copyrighted material, DDOE will provide a 

reference to that material on the website. The copyrighted material will be available in hard copy 

to the public. 
NOTICE OF FINAL RULEMAKING

Posted: November 16, 2012, at 59 DCR 013044 (D.C. Register ID 4049670)

The Director of the District Department of the Environment, pursuant to the authority set forth in 

sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, 

effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-

101.06(b)(2008 Repl.)); section 107(4) of the District Department of the Environment 

Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §

8-151.07(4)(2008 Repl.)); Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-

61, dated June 14, 2006, hereby gives notice of adoption of the following amendments to 

Chapters 1 and 2 of title 20 (Environment) of the District of Columbia Municipal Regulations 

(DCMR). As required by section 6(b) of the District of Columbia Air Pollution Control Act, 

prior to the issuance of a Notice of Final Rulemaking, this rulemaking was submitted to the 

Council of the District of Columbia (Council) for a review period of up to forty-five (45) days. 

The Notice of Final Rulemaking was deemed approved by the Council on November 1, 2012.

The New Source Review (NSR) program is a permit program created to help achieve and 

maintain compliance with the National Ambient Air Quality Standards (NAAQS) set by the 

United States Environmental Protection Agency (EPA). The EPA has set NAAQS for six (6) 

“criteria” pollutants: ozone (O3), particulate matter (PM), carbon monoxide (CO), nitrogen 

oxides (NOx), sulfur dioxide (SO2), and lead (Pb). NSR applies to new and modified major 

emission sources that have the ability to significantly impact air quality or interfere with other 

programs created to achieve and maintain NAAQS levels. The District is currently designated 

by EPA as being in “nonattainment” of the NAAQS for ozone and particulate matter. 

Nonattainment NSR requires more stringent emission standards for certain pollutants that exceed 

the NAAQS. Therefore, the District must have increased control measures for particulate matter 

and the precursor pollutants (mainly NOx and volatile organic compounds) that create ozone.

Proposed regulations were published in the D.C. Register on February 17, 2012, at 59 DCR 

001217. The comment period officially closed on March 19, 2012, with the Department having 

received comments from four (4) members of the regulated community, JBG Companies (JBG), 

the U.S. Department of Defense (DOD), the U.S. General Services Administration (GSA), and 

the D.C. Water and Sewer Authority (DC Water). The Department considered these comments 

and posted responses on its website on November 16, 2012; however the Department has elected 

not to incorporate the commenters’ suggested changes and is therefore proceeding with this final 

rulemaking. The Department has made five (5) clarification amendments, which the Office of the 

Attorney General determined are non-substantive in nature and therefore do not necessitate 

reproposal. Section 200.3 is amended to replace the word “forms” with “for” and the phrase “of 

this chapter” is added after “in accordance with the requirements”. These changes reflect the 

previous wording of § 200.3, which the Department did not intend to change through the proposed 

rulemaking but was altered due to a drafting error. Section 200.5 is amended to add the language 

“construction or” after “including applications for renewal of any” and to add the language

“construction activities or” before “operations are to continue beyond the expiration date”. These 

amendments are made in response to comments requesting clarification whether the permit 

renewal requirements apply to construction permits. Section 209.1(b) is amended to add the 
language “from an individual unit” after “[r]esults in an increase of the potential to emit rate 

equal to or greater than five tons per year (5 Tpy)”. This amendment is intended to clarify that 

the Department determines minor NSR applicability on a unit-by-unit basis, not through project 

aggregation. Two (2) commenters requested clarification on this issue.

The Department received several significant comments regarding the proposed rules’ departure 

from the federal nonattainment NSR rule, specifically with respect to the calculation of actual 

emissions and PAL baseline emissions, and the test for determining NSR applicability. All four 

commenters noted that the District proposed an “actual-to-potential” test for major NSR 

applicability, whereas the federal rule applies an “actual-to-projected-actual” test. The 

commenters noted that the actual-to-potential test would subject a large number of projects to 

NSR requirements even if they only resulted in a minor increase in actual emissions. The 

commenters suggested that the District follow the federal rule’s actual-to-projected actual test. 

The Department is very familiar with the federal NSR rule and has submitted numerous drafts of 

its own proposed rule to EPA for comment, and determined that the actual-to-potential test is 

more protective of air quality in the District. The District’s rule is intended to encourage 

industries to use state-of-art technologies to limit their potential to emit below the NSR threshold 

when undergoing modifications, and in the event that this is not possible, to use the opportunity 

when they are already making changes to install the most effective pollution control technology 

and reduce overall emissions in the District through offsets. Therefore, the District has retained 

the actual-to-potential test.

Two comments were received on the definition of “actual emissions” proposed in § 199. The 

federal nonattainment NSR rule permits sources to select any consecutive twenty-four (24) 

month period within the previous ten (10) years when calculating the source’s actual emissions, 

and also to choose a different twenty-four (24) month period for each regulated pollutant. The 

District’s rule requires sources to use the “the twenty-four (24) month period which precedes the 

particular date” when calculating the actual emissions, unless it makes a determination that a 

different time period within the last five (5) is more representative of operations. Two 

commenters requested that DDOE follow the federal NSR rule by allowing sources to use the ten 

(10) year “look back” period and also to choose different periods for each regulated pollutant. 

The Department has considered these comments and decided to retain the method for calculating 

actual emissions as proposed because it is more stringent than the federal rule and therefore more 

protective of air quality in the District. The look back period proposed by the District is intended 

to capture the emissions levels that are representative of current operations at the source, rather 

than permitting the source to just pick the twenty-four (24) months when emissions where 

highest in the last ten (10) years. In addition, the requirement that sources use the same “twentyfour” month period for each pollutant is intended to prevent sources from choosing the highest 

baseline for each pollutant, and therefore will result in a more stringent limit on overall 

emissions.

Three commenters had similar concerns about the method for calculating Plantwide 

Applicability Limit (PAL) baseline emissions. These commenters requested clarification on why 

the District proposed a more stringent method for determining the PAL baseline period than the 

federal nonattainment NSR requirements, and suggested that it follow the federal rule. The 

proposed rule uses the immediately preceding two (2) calendar years for the PAL baseline 
period, unless the Department determines that a different twenty-four (24) month period within 

the previous five (5) years is more representative of normal source operations. The federal rule 

permits a source to use any consecutive twenty-four (24) month period within the previous ten 

(10) years. The District proposed a five (5) year look back period instead of a ten (10) year look

back to limit a source’s potential to find a higher baseline. The Department has determined that 

this method is more protective of air quality in the District, because a lower baseline will also 

result in a lower PAL for the source and therefore likely lower actual emissions. Therefore, the 

District retained the definition of “PAL baseline period” as proposed. The federal rule also 

permits sources to select a different PAL baseline period for each PAL pollutant, whereas the 

District’s rule provides less flexibility. One commenter requested that the District allow the 

selection of different baseline periods for different pollutants, as in the federal rule. Because the 

PAL baseline period is generally going to be the immediately preceding two (2) calendar years, 

if a source applies for different PALs at different times, the baseline period will likely be 

different for each pollutant. (An exception would be if the Department determines that a different 

twenty-four (24) month period is more representative of normal source operations.) If a source 

applies for multiple PALs at the same time, then the baseline period for each PAL would be the 

same. Restricting sources to one baseline is intended to prevent a source from selecting the 

highest baseline for each regulated pollutant, and therefore will also result in a lower PAL and be 

more protective of air quality in the District. Therefore, the District has retained the proposed 

method for determined the PAL baseline period.

Three commenters sought clarification on whether the public notice and comment procedures 

proposed in § 210 would allow the Department to issue synthetic minor permits, and if so, would 

the Department confirm whether it intends to issue such permits. The Department recognizes the 

need for a synthetic minor program and agrees that the public notice and comment provisions in 

§ 210 will be sufficient to support such a program when it does create one in the future. 

However, the District will not have the resources to implement a synthetic program until it 

creates a fee schedule for 20 DCMR chapter 2 permits and amends the fees for 20 DCMR 

chapter 3 permits. The synthetic minor program will be created at the same time as these fee 

amendments through a separate rulemaking action.

Three commenters requested that the Department clarify whether a deviation report required 

under § 208.35(b) is considered prompt if it complies with the overarching semi-annual reporting 

requirement of the proposed section. Deviation reports must be submitted in accordance with the 

requirements specified in the source’s permit and 20 DCMR § 302.1(c)(3). While this will mean 

that many deviation reports are considered prompt if they are submitted with the source’s semiannual reports, some deviations may be required to be reported sooner, such as deviations 

resulting from an emergency or that pose an imminent and substantial danger to public health.

Two commenters requested that the District expand the list of exempted sources under § 200.12. 

One commenter requested that the District create an exemption for temporary, portable sources, 

such as portable generators. Another commenter requested that the District add general language 

that it will develop a list of exempted sources and physical changes, and publish this list for 

thirty (30) days of public comment in the D.C. Register. The Department recognizes that there 

may be a need to exempt additional sources from the 20 DCMR chapter 2 permitting 

requirements; however it does not intend to address additional exemptions through the current 
rulemaking. However, it is the Department’s policy that it does not consider portable generators 

to be a “stationary source” subject to the requirements of § 200 provided they do not remain in 

one location for more than twelve (12) consecutive months. This is consistent with the definition 

of “stationary source” in the federal Clean Air Act, which does not include emissions from a 

nonroad engine. 42 U.S.C. § 7603(z). The term “nonroad engine” is defined by the U.S. 

Environmental Protection Agency (“EPA”) as including “any internal combustion engine ... 

[t]hat, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to 

be and capable of being carried or moved from one location to another,” but not including an 

engine that “remains or will remain at a location for more than 12 consecutive months.” 40 

C.F.R. § 89.2. 

The Department also received comments on the proposed Minor New Source Review program 

proposed in § 209. One commenter asked the District to consider a higher applicability threshold. 

One commenter suggested that the District consider dropping the minor NSR program 

altogether. The commenter argued that the program effectively lowered the major source and 

major modification threshold to five (5) tons per year (tpy). The Department disagrees with this 

characterization of the minor NSR program. Minor NSR provides more flexibility with respect to 

the required control technologies than major NSR and does not require that emissions increases 

be offset. Also, minor NSR applicability is determined through a potential-to-potential test rather 

than an actual-to-potential test and therefore is less stringent. The intent of the minor NSR 

program is to discourage sources from installing used emissions units with outdated pollution 

control technologies, and instead require them to install new state-of-the-art equipment. The 

same commenter also requested that the Department publish a manual detailing the state-of-theart (SOTA) technology requirements for compliance with minor NSR. The Department does not 

have the resources at this time to publish such a manual, therefore compliance with the 

requirements of § 209 will be determined on a case-by-case basis for the time being. The 

Department may consider publishing a document that provides guidance on SOTA at a future 

date. 

Two commenters sought clarification on whether minor NSR applicability was determined on a 

unit-by-unit basis or whether the use of the word “project” and the reference to “collateral 

emissions increases” imply that the Department will aggregate emissions units. The Department 

clarifies that minor NSR applicability is determined on a unit-by-unit basis. The term “project” 

as defined in § 199 is only applicable to major sources and the language “that results in collateral 

emissions increases” is intended to clarify when installation or modification of a pollution 

control device would trigger minor NSR applicability. For new sources or modifications to 

existing sources, collateral emissions increases will not be considered.
Response to Comments 

Document
20 DCMR CHAPTERS 1 AND 2: Proposed Rulemaking to Amend New Source Review 

(“NSR”) Permitting Program

COMMENT PERIOD: FEBRUARY 17, 2012 TO MARCH 19, 2012

Response to Comments* 

* Please note that the comments in this document are paraphrased. Copies of the original comments are posted at 

http://green.dc.gov/.

The District Department of the Environment (“the Department”) proposed regulations to amend 

the New Source Review (“NSR”) permitting program on February 17, 2012. 59 DCR 001217. 

The comment period officially closed on March 19, 2012, with the Department having received 

comments from four (4) members of the regulated community: JBG Companies (“JBG”), the 

U.S. Department of Defense (“DOD”), the U.S. General Services Administration (“GSA”), and 

the D.C. Water and Sewer Authority (“DC Water”). The comments and the Department’s 

responses are compiled below.

1. Include a synthetic minor permit provision or clarify that the Department can issue 

synthetic minor permits under the current structure (JBG; GSA; DC Water). Several 

commenters requested that the Department implement a synthetic minor permitting 

program. Two commenters suggested the new notice and comment provisions in § 210 

would permit the Department to begin implementing such a program. The Department 

recognizes the need for a synthetic minor program and does intend to create such a 

program in the future. However, the Department will not have the resources to do this 

until it creates a fee schedule for chapter 2 permits and amends the fees for chapter 3 

permits. The synthetic minor program will be created at the same time as these fee 

amendments through a separate rulemaking action.

2. Make the applicability threshold consistent with adjacent jurisdictions within the same 

non-attainment area (JBG).One commenter noted that the District’s proposed rule is 

more stringent than the federal nonattainment NSR rule and the rules of the neighboring 

non-attainment jurisdictions of Maryland and Virginia. Specifically, the commenter noted 

that the District’s proposed rule has a major NSR applicability threshold of twenty-five 

(25) tons per year of NOx and volatile organic compounds (VOCs), whereas Virginia has 

a major source threshold of one hundred (100) tons per year for NOx and fifty (50) tons 

per year for VOCs. The Department has determined that a lower applicability threshold is 

more protective of air quality in the District, and is also legally required in order to 

comply with the anti-backsliding prohibition in § 172(e) of the federal Clean Air Act 

(42 U.S.C. § 7502), due to the District’s former designation as being in “severe” 

nonattainment for the 1-hour ozone standard. See South Coast Air Quality Mgmt. Dist. v. 

EPA, 472 F.3d 882, 902 (D.C. Cir. 2006).

3. Replace the actual-to-potential test with an actual-to-projected actual test (JBG; GSA; 

DC Water; DOD). All four commenters noted that the District proposed an “actual-topotential” test for nonattainment NSR applicability, whereas the federal rule applies an 

“actual-to-projected actual” test. These commenters noted that the actual-to-potential test 

would subject a large number of projectsto NSR requirements, even though they may 

only result in a slight increase in actual emissions. The commenters argue that this would 

be overly burdensome. One commenter stated that use of the actual-to-potential test 
would put District businesses at a disadvantage compared to Virginia and Maryland, 

which employ the actual-to-projected actual test. One commenter noted that EPA deemed 

the actual-to-potential test overly broad in its 2002 NSR reform rule. All commenters 

suggested that the District follow the federal rule actual-to-projected actual test. The 

Department is very familiar with the federal NSR rule and has submitted numerous drafts 

of its own proposed rule to EPA for comment, and determined that the actual-to-potential 

test is more protective of air quality in the District. The District has elected to be more 

stringent than the federal rule and its neighboring jurisdictions in this respect. The actualto-potential test is intended to encourage industries to use state-of-art technologies to 

limit their potential to emit below the NSR threshold when undergoing modifications, 

and in the event that this is not possible, to use the opportunity when they are already 

making changes to install the most effective pollution control technology and reduce 

overall emissions in the District through offsets. Therefore, the District has retained the 

actual-to-potential test.

4. Determination of actual emissions should be consistent with the federal rule (GSA; DC 

Water). Two commenters requested that the District follow the federal NSR rule by 

allowing sources to select any consecutive 24-month period during the previous 10 years 

for establishing the source’s baseline actual emissions and also by allowing sources to 

use different 24-month periods for different regulated pollutants. The District’s proposed 

rule requires sources to use the 24-month period preceding the date of the permit 

application, unless another 24-month period within the previous 5 years is more 

representative of normal source operations. The District incorporated a 5-year “look 

back” instead of a 10-year look back in order to limit a source’s potential to find a higher 

baseline. The proposed look back is also intended to be more representative of current 

operations at the source, rather than permitting the source to just pick the 24-month 

period when emissions where the highest. Two commenters also requested that the 

District allow sources to use different 24-month periods for each pollutant, as allowed by 

the federal rule. The current proposed rule requires the source to use the same 24-month 

period for all pollutants. Restricting sources to one baseline is intended to prevent a 

source from selecting the highest baseline for each regulated pollutant. The District’s rule 

is inherently more restrictive, rather than equivalent to, the federal rule. The Department

is very familiar with the federal NSR rule and has submitted numerous drafts of its own 

proposed rule to EPA for comment, and has determined that the proposed 5-year lookback period is more protective of air quality in the District, as is requiring sources to use 

the same 24-month period for each pollutant. Therefore, the District has retained the 

method for determining actual emissions as proposed.

5. The determination of PAL baseline emissions should be consistent with the federal rule 

(GSA; DC Water; DOD). Several commenters requested that the District clarify why it 

proposed a more stringent method for determining the PAL baseline period than the 

federal requirements, and suggested that it follow the federal rule. The District’s

proposed rule uses the immediately preceding 2 calendar years for the PAL baseline 

period, unless the District determines that a different 24-month period within the previous 

5 years is more representative of normal source operations. The federal rule permits a 

source to use any consecutive 24-month period within the previous 10 years. The District

only allows a 5-year look back instead of a 10-year look back in order to limit a source’s 

potential to find a higher baseline. The lower baseline will result in a lower PAL and 
therefore likely also lower actual emissions. The federal rule also permits sources to 

select a different PAL baseline period for each PAL pollutant, whereas the District’s rule 

provides less flexibility. One commenter requested that the District allow the selection of 

different baseline periods for different pollutants, as in the federal rule. Because the PAL 

baseline period is generally going to be the immediately preceding two (2) calendar 

years, if a source applies for different PALs at different times, the baseline period will 

likely be different for each pollutant. (An exception would be if the Department 

determines that a different twenty-four (24) month period is more representative of 

normal source operations.) If a source applies for multiple PALs at the same time, then 

the baseline period for each PAL would be the same. Restricting sources to one baseline 

is intended to prevent a source from selecting the highest baseline for each regulated 

pollutant, and therefore will also result in a lower PAL and be more protective of air 

quality in the District. Therefore, the District has retained the proposed method for 

determined the PAL baseline period.

6. The renewal time period for chapter 2 permits should be eliminated (JBG). One 

commenter commended the District on extending the renewal period for chapter 2 

permits from 3 years to 5 years, however also recommended that the Department 

eliminate the expiration of chapter 2 permits altogether. The Department has considered 

this comment, and determined that the expiration period is necessary in order to reassess 

permits from time to time and ensure that all of the applicable requirements are included 

and that the permit is up to current standards. The 5 year period is also consistent with the 

duration of a 20 DCMR chapter 3 permit, which will help streamline permitting 

processes.

7. Clarify the PAL effective date (GSA). One commenter noted that a PAL becomes 

effective on the date of issuance but that an increased PAL becomes effective on the date 

that the emissions unit that is part of the PAL major modification becomes operational. 

See § 299 definition of “PAL effective date” and § 208.23(b). The commenter requested 

clarification on whether an initial PAL application is considered an increased PAL or 

whether an increased PAL only applies if an existing PAL is increased. The Department 

clarifies that an increased PAL only applies if an existing PAL is increased.

8. Clarify whether a source may have multiple PALs (GSA). One commenter noted that 

§ 208.6(e) states that each PAL may regulate only one pollutant and requested 

clarification whether a facility may obtain separate PALs at one time for different 

pollutants. The Department clarifies that a facility may obtain multiple PALs covering 

different pollutants at the same time. 

9. Extend the PAL effective period to 10 years (GSA). One commenter requested that the 

District follow the federal PAL effective period allowance of 10 years, rather than the 

current proposed period of 5 years. The Department has considered the federal rule in 

development of § 208 and determined that a 5 year period is more appropriate because it 

is consistent with the effective period for 20 DCMR chapter 2 and chapter 3 operating 

permits.

10. Clarify the PAL deviation reporting requirements (GSA; DC Water; DOD). Three 

commenters requested that the Department clarify whether a deviation report required 

under § 208.35(b) is considered prompt if it complies with the overarching semi-annual 

reporting requirement of the proposed section. Deviation reports must be submitted in 

accordance with the requirements in the source’s individual permit, which will be 
consistent with the requirements of 20 DCMR § 302.1(c)(3) and other reporting 

requirements deemed necessary under 20 DCMR § 500.1. While this means that some 

deviation reports may be considered prompt if they are submitted with the source’s semiannual reports, many deviations may require reporting sooner, such as those resulting 

from an emergency or deviations that pose an imminent and substantial danger to public 

health. The Department currently includes the specific reporting requirements in its 

operating permits and also intends to incorporate these requirements in the PAL permit.

11. The authority to reopen a PAL should be discretionary and the reasons for reopening a 

PAL should be clarified (DC Water; DOD). Section 208.12(d) requires the Department 

to reopen a PAL permit if a reduction in the PAL is “necessary to avoid causing or 

contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air 

quality related value that has been identified for a Federal Class I area”. One commenter 

suggested that the authority to reopen a PAL for this reason should be discretionary, 

rather than mandatory, as permitted under the federal regulation. The Department has 

considered the federal rule in the development of § 208 and determined that a threat to 

the District’s NAAQS attainment should be a mandatory reason for reopening a PAL 

permit. One commenter requested that the Department clarify the conditions for which a 

reduction is necessary pursuant to § 208.12(d). The Department modeled the proposed 

language regarding reductions of the PAL after the federal rule 

(40 C.F.R. § 51.165(f)(8)(ii)(B)(3)) and therefore does not agree that it needs 

clarification. Determinations under § 208.12(d) will be made on a case-by-case basis, but 

will most likely be made in response to modeling that demonstrates a source is causing or 

contributing to a NAAQS or PSD violation.

12. Allow applicants to petition the Department for clarification of the rationale for 

establishing a new PAL level or provide additional information to suggest an 

alternative PAL level (DOD).One commenter noted that the Department is permitted to 

set the PAL at a different level in the renewed permit pursuant to § 208.20. The 

commenter requested that the District add language allowing applicants to comment or 

seek clarification on the revised PAL level prior to the public comment period. The 

Department does not agree that this language is necessary because it intends to engage 

permit applicants informally throughout the permitting process to the extent that it is 

practical. In addition, the proposed procedures are consistent with other 20 DCMR 

chapter 2 permitting procedures and adding an extra formal step would unduly delay the 

permitting process. If the applicant’s concerns are not fully addressed prior to issuance of 

the draft permit then they may use the public comment period to express them.

13. Clarify vague requirements in the provisions on source category permits (JBG). One 

commenter requested clarification on whether source category permits were intended to 

be federally enforceable, and if so whether an existing major source could obtain a source 

category permit as an alternative to a 20 DCMR chapter 3 permit. The District intends to 

submit § 200 to the U.S. Environmental Protection Agency (EPA) as a revision to the 

District’s State Implementation Plan (SIP), therefore source category permits will be 

federally enforceable. However, the Department does not intend to use these permits as a 

substitute for chapter 3 permits. As stated in § 200.6(d), a chapter 2 source category 

permit is not a substitute for a permit required under chapter 3. (Section 302.4 of the air

quality regulations creates a separate “general permit” that may substitute for Part 70 

permits for particular source categories. This is a different permit with different 
requirements than the source category permits established in chapter 2.) The commenter 

also asked whether § 200.6(e) means that a source category permit does not require the 

30 day public notice and comment period specified in § 210.4(f). The 30 day public 

notice period is required for the initial establishment of the source category permit, but 

not as it is issued to each individual source, therefore source category permits that have a 

passive approval period established pursuant to § 200.6(e) will not be subject to the 30 

day notice requirement. 

14. Clarify vague requirements in the application fees provision (JBG). One commenter 

requested that the District spell out the process for establishing application fees under § 

200.10 more clearly. The District does not currently have a fee structure in place for 20 

DCMR chapter 2 permits and plans to address application fees in the future through a 

separate rulemaking action. 

15. Clarify definition of “construction” (JBG). One commenter requested that the 

Department clarify which activities are allowed prior to obtaining a construction permit. 

The commenter references the definition of “begin actual construction” under the federal 

Prevention of Significant Deterioration (PSD) regulations. 52 C.F.R. § 52.21 (b)(11). 

This definition mirrors the federal nonattainment NSR definition in 

40 C.F.R. § 51.165(a)(1)(xv). The air quality regulations have a preexisting definition of 

“begin actual construction” under § 199, which is consistent with the federal definition, 

therefore further clarification is not necessary.

16. Clarify permit requirements for demolition of sources (JBG). One commenter requested 

that the Department clarify whether § 200.1 requires a permit before demolition of a 

source, because demolition is included in the definition of “construction”. The permit 

requirements of § 200.1 do not apply to the demolition of sources. The chapter 2 

construction permitting requirements apply to the construction of new sources and 

modifications of existing sources. Demolition of an existing source would not be 

considered construction of a “new” source and the proposed definition of “modification” 

in § 199 explicitly exempts the decommission or removal of existing sources.

17. Clarify permit requirements for operation of a temporary source (JBG). One 

commenter requested clarification on whether the Department intends to issue a separate 

construction and operating permit under §§ 200.1 and 200.2 when the Department allows 

for the temporary operation of a source pursuant to § 200.3. The requirements of these 

sections are not being amended by the current rulemaking; however, the Department 

clarifies that a permit applicant would still be required to submit the application for a 

construction and operation permit at the same time. Section 200.3 is only intended to 

serve as a temporary substitute for a permit to operate under § 200.2, in the event that the 

Department does not issue the construction and operation permit at the same time and 

time is needed to evaluate the operation of a source prior to issuance of an operation 

permit under § 200.2 or in the case where a timely permit application to operate has been 

received, but “due to delays attributable to the Mayor, the permit has not been issued” in 

a timely fashion.

18. Expand exempted sources under § 200.12 (JBG; DC Water).Two commenters requested 

that the District expand the list of exempted sources under § 200.12. One commenter 

requested that the Department create an exemption for temporary, portable sources, such 

as portable generators. Another commenter requested that the Department add general 

language that it will develop a list of exempted sources and physical changes and publish 
such list for 30 days of public comment in the DC Register. The Department recognizes 

that there may be a need to exempt additional sources from the chapter 2 permitting 

requirements and may consider adding such exemptions at future date; it does not intend 

to address additional exemptions through the current rulemaking. However, it is the 

Department’s policy is that it does not consider portable generators to be a “stationary 

source” subject to the requirements of § 200 provided that it does not remain in one place 

for more than 12 consecutive months and is not replaced by a similar unit used for the 

same purpose to avoid the 12-month trigger. This is consistent with the definition of 

stationary source in the federal Clean Air Act, which does not include emissions from a 

nonroad engine. 42 U.S.C. § 7602(z). The term “nonroad engine” is defined by the EPA 

as including “any internal combustion engine ... [t]hat, by itself or in or on a piece of 

equipment, is portable or transportable, meaning designed to be and capable of being 

carried or moved from one location to another,” but not including an engine that “remains 

or will remain at a location for more than 12 consecutive months or a shorter period of 

time for an engine located at a seasonal source.” 40 C.F.R. § 89.2. 

19. Reconsider the minor NSR program (DC Water). One commenter suggested that the 

District drop the proposed minor NSR program under § 209. The commenter argued that 

the program effectively lowered the major source and major modification threshold to 5 

tpy. The Department disagrees with this characterization of the minor NSR program. 

Minor NSR provides more flexibility with respect to the required control technologies 

than major NSR and does not require that emissions increases be offset. Also, minor NSR 

applicability is determined through a potential-to-potential test rather than an actual-topotential test. The intent of the minor NSR program is to discourage sources from 

installing used or other substandard emissions units with outdated pollution control 

technologies, and instead require them to install new state-of-the-art equipment.

20. Change the project PTE threshold for minor NSR sources (JBG). One commenter 

requested that the District change the applicability threshold for minor NSR under § 209. 

The commenter stated that this threshold could require a source to reduce its actual 

emissions by installing control technologies or using pollution prevention methods on 

small emission sources that aggregate to make up a “project”. The Department disagrees 

that this scenario will occur. The minor NSR threshold only relates to an increase in the 

source’s potential to emit rate, and therefore would not require any source to reduce its 

actual emissions. In addition, the Department only intends minor NSR to apply to 

individual pieces of equipment, so it will not aggregate small pieces of equipment when 

determining applicability.

21. Clarify Minor NSR applicability (JBG; DC Water). Two commenters requested that the 

Department clarify whether minor NSR applicability is determined based on individual 

pieces of equipment or whether it was intended to aggregate multiple pieces of equipment 

into a “project”. One commenter requested that the Department do this through the 

addition of a definition for “project” that would apply to § 209, the other requested that 

the Department clarify the meaning of “collateral emissions increase”. The Department 

only intends minor NSR to apply to individual pieces of equipment, so it will not 

aggregate small pieces of equipment when determining applicability. This has been 

clarified in § 209.1(b). 

22. The Department should publish a manual of state of the art pollution controls for the 

minor NSR provision (DC Water). One commenter requested that the Department 
publish a manual of “state of the art” (SOTA) performance levels for compliance with § 

209, as done by the New Jersey Department of Environmental Protection. The 

Department appreciates this suggestion, however does not have the resources at this time 

to publish such a manual, therefore compliance with the requirements of § 209 will be 

determined on a case-by-case basis. The Department may consider publishing a 

document that provides guidance on SOTA at a future date.

23. Clarify whether LAER applies to “affected emissions units” (GSA). One commenter 

asked whether the requirement to install LAER applies to “affected emissions units” or 

whether emissions from these units are just used to calculate NSR applicability. The 

Department clarifies that emissions from an emissions unit that is affected by the project, 

as described in § 204.6(d), are factored into the applicability determination, however the 

emissions unit itself is not required to install LAER. This is consistent with the federal 

interpretation. See EPA Memorandum from Director Division of Stationary Source 

Enforcement: Determination of Emission Points Subject to LAER, dated September 30, 

1977.

24. Clarify how minor NSR applies to emergency generators and fire pumps (GSA). One 

commenter requested clarification on how minor new source review would apply to 

sources such as emergency generators and fire pumps that are typically limited in their 

permits to 500 hours per year of operation. To the extent that EPA has an established 

policy considering such hourly limitations a limit on the source’s potential to emit (PTE), 

as is the case for emergency generators, the Department will consider these limitations 

when determining minor NSR applicability. See EPA Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning and Standards: Calculating Potential to Emit 

(PTE) for Emergency Generators, dated September 6, 1995. However, the Department 

emphasizes that the chapter 2 permit does not establish the limitation on PTE, rather the 

operational limitations are considered inherent limits on the PTE. Therefore, this should 

not be construed as creation of a synthetic minor permitting program.

25. Clarify minor NSR control technology requirements (GSA). One commenter sought 

clarification on whether minor NSR technology requirements where determined on a 

pollutant-by-pollutant basis or “by the project”. Section 209.3 states that the operating 

emission control technologies or pollution prevention methodologies shall be applied 

“relative to each pollutant for which [the source] meets the applicability requirements.” 

Therefore, the technology requirements shall be determined on a pollutant-by-pollutant 

basis.

26. Clarify permit renewal requirements and prohibition on operating without a permit 

(GSA; DC Water). Two commenters requested clarification on whether the requirement 

to submit a timely permit renewal application under § 200.5 applies to both construction 

and operating permits. The Department clarifies that construction permits do not 

generally need to be renewed, except in the rare instance that construction activities 

continue beyond the expiration date of the permit. The operating permit supersedes the 

construction permit in most cases. This language has been clarified in § 200.5. One 

commenter also stated that the prohibition on a source continuing to operate with an 

expired operating permit in § 200.5 is overly severe. The commenter recommended that 

the Department incorporate language similar to that used in New Jersey which would 

provide for a permit shield when the renewal application is filed in a timely manner but 

the permit is not renewed prior to the expiration date. The Department has considered this 
suggestion, however does not intend to incorporate such language at this time. The 

Department amended § 200.5 in order to clarify the preexisting requirement that a source 

must have a valid permit under § 200.2 at all times that it is operating. In situations where 

a source has submitted a timely application for renewal of an operating permit but not 

been issued a new permit prior to its expiration, the Department may permit the source to 

operate on a temporary basis pursuant to § 200.3.

27. Clarify the criteria for source category permits and whether they will be issued for 

emergency generators (GSA). One commenter suggested that the criteria for source 

category permits established pursuant to § 200.6(b) should be submitted for public 

comment and also asked how these criteria would differ from the permit application. The 

criteria for the initial source category permit will be subject to the public notice 

requirements of § 210, but the permits issued to individual sources will not be. The 

individual permit applications for each source category will be tailored to establish 

whether the criteria for the source category permit have been met. The commenter also 

asked whether the Department is considering a source category permit for emergency 

generators and what the timeline is for developing such a permit. The Department will 

consider establishing a source category permit (or multiple permits) for emergency 

generators, but has not yet established a time line for doing so. 

28. Create an Emission Reduction Credit (ERC) registry and allow interpollutant trading 

of VOCs and NOx (GSA). One commenter requested that the Department establish an 

Emission Reduction Credit (ERC) registry pool system that guides the management of 

qualified ERCs that can be used in the District. The Department does not have plans to 

establish an ERC registry at this time because it does not have the resources to maintain 

such a system. The commenter also asked whether ERCs purchased in upstream states 

will qualify as offsets. The Department clarifies that the location of ERCs is determined 

in accordance with § 204.12 of the rulemaking. The Department will determine on a caseby-case basis whether the proposed ERCs meet these requirements. The commenter also 

asked whether the District would consider interpollutant trading between VOCs and NOx 

at a ratio of one to one. Pursuant to § 204.21 of the proposed regulation, “emission offsets 

obtained shall be for the same regulated NSR pollutant”, therefore interpollutant trading 

of NOx and VOCs is not permitted. The District has retained this language as proposed, 

because it is required by the federal nonattainment NSR rule, which states that “[t]he plan 

shall require that in meeting the emissions offset requirements ... the emissions offsets 

obtained shall be for the same regulated NSR pollutant unless interprecursor offsetting is 

permitted for a particular pollutant as specified in this paragraph.” 40 C.F.R. § 51.165 

(a)(11). The paragraph goes on to state that a plan may allow for interpollutant trading of 

direct PM2.5 and PM2.5 precursors, but does not specify that the plan may allow for 

interpollutant trading of ozone precursors.

29. The requirement for reporting of NSR applicability for sources that experience a 

significant increase but not a major modification is overly burdensome (DC Water). 

Section 204.17 requires projects that result in a significant emission increase but are not 

considered major modifications to submit an applicability analysis to the Department. 

One commenter stated that this requirement is unnecessary and overly burdensome. The 

commenter is correct in its interpretation that this requirement would apply to sources 

that are not subject to NSR requirements because the significant emissions increase is 

netted out by contemporaneous emissions decreases; however, the Department disagrees 
that the requirement to submit this applicability analysis pursuant to § 204.17 is 

unnecessary or overly burdensome. The Department needs to maintain this 

documentation in order to keep a record of why certain sources were not subjected to 

NSR permitting requirements. Sources will have to make an applicability determination 

prior to applying for the permit regardless; therefore, the District is not making an overly 

burdensome request by asking that they submit information with the permit application 

that they will already have developed, and also make it available on future request.

30. Clarify definition of Continuous Parameter Monitoring System (CPMS) (DC Water).

One commenter requested that the Department clarify the definition of Continuous 

Parameter Monitoring System to provide examples of the types of parameters. The 

Department’s definition was modeled after the federal NSR definition (see 40 C.F.R. § 

51.165(a)(1)(xxxiii)) and the Department does not agree that it needs to be clarified. 

More specific details about the parameters to be monitored will be included in the 

source’s chapter 2 permit.

DISTRICT DEPARTMENT OF THE ENVIRONMENT

New Source Review Program

SECTION 199 (DEFINITIONS AND ABBREVIATIONS), subsection 199.1, of CHAPTER 

1 (GENERAL RULES), of TITLE 20 (ENVIRONMENT) of the DCMR is amended as 

follows: 

By amending the definition of “Actual emissions” to read as follows:

Actual emissions – the actual rate of emissions of a pollutant from an emissions unit, as 

determined in accordance with paragraphs (a) through (g):

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per 

year, at which the unit actually emitted the pollutant during the twenty-four (24) month 

period which precedes the particular date and which is representative of normal source 

operation;

(b) Actual emissions shall be calculated using the unit’s actual operating hours, production 

rates, and types of materials processed, stored, or combusted during the selected time 

period;

(c) When a project involves multiple emissions units or multiple regulated NSR pollutants, 

or both, only one (1) consecutive twenty-four (24) month period within the last five (5) 

years must be used to determine the actual emissions for all pollutants and for all the 

emissions units affected by the project;

(d) The average rate shall not be based on any consecutive twenty-four (24) period for which 

there is inadequate information for determining annual emissions; 

(e) The Department may allow the use of a different time period within the last five (5) years 

upon determining that it is more representative of operations; and

(f) For any emissions unit which has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the unit on that date.

By adding a definition for “Administrator” to read as follows:

Administrator – Administrator of the United States Environmental Protection Agency or an 

authorized representative.

By amending the definition of “Allowable emissions” to read as follows:

Allowable emissions – the emission rate of a stationary source calculated using the maximum 

rated capacity of the source (unless the source is subject to enforceable limits which restrict the 

operating rate, hours of operation, or both) and the most stringent of the following:
(a) The applicable standards as set forth in 40 C.F.R. parts 60, 61, and 63;

(b) Any applicable State Implementation Plan emissions limitation, including those with a 

future compliance date; or

(c) The emissions rate specified under any requirement or permit condition that is 

enforceable as a practical matter, including those with a future compliance date.

By adding a definition for “Best available control technology” to read as follows:

Best available control technology (BACT) – an emissions limitation (including a visible 

emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant 

which would be emitted from any proposed major stationary source or major modification which 

the Department, on a case-by-case basis, taking into account energy, environmental, and 

economic impacts and other costs, determines is achievable for such source or modification 

through application of production processes or available methods, systems, and techniques, 

including fuel cleaning or treatment or innovative fuel combustion techniques for control of such 

pollutant. In no event shall application of best available control technology result in emissions of 

any pollutant that would exceed the emissions allowed by any applicable standard under 40 

C.F.R. parts 60, 61, or 63. If the Department determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions unit would 

make the imposition of an emissions standard infeasible, a design, equipment, work practice, 

operational standard, or combination thereof, may be prescribed instead to satisfy the 

requirement for the application of BACT. Such standard shall, to the degree possible, set forth 

the emissions reduction achievable by implementation of such design, equipment, work practice 

or operation, and shall provide for compliance by means that achieve equivalent results.

By amending the definition for “Building, structure, facility, or installation” to read as 

follows: 

Building, structure, facility, or installation – all of the pollutant emitting activities which belong 

to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, 

and are under the control of the same person (or persons under common control), except the 

activities of any vessel. Pollutant-emitting activities shall be considered as part of the same 

industrial grouping if they belong to the same “Major Group” (for example, which have the same 

first two (2) digit code) as described in the Standard Industrial Classification Manual, 1972, as 

amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 

and 003-005-00176-0, respectively). 

By adding a definition for “Clean Air Act” to read as follows:

Clean Air Act – federal Clean Air Act, enacted August 7, 1977 (Public Law 95-95; 42 U.S.C. 

7401 et seq.).

By adding a definition for “Construction” to read as follows:
Construction – any physical change or change in the method of operation including fabrication, 

erection, installation, demolition, or modification of an emissions unit that would result in a 

change in emissions.

By adding a definition for “Continuous emissions monitoring system” to read as follows: 

Continuous emissions monitoring system (CEMS) – all of the equipment that may be required 

to meet data acquisition and availability requirements to sample, condition (if applicable), 

analyze, and provide a record of emissions on a continuous basis.

By adding a definition for “Continuous emissions rate monitoring system” to read as 

follows:

Continuous emissions rate monitoring system (CERMS) – the total equipment required for 

the determination and recording of the pollutant mass emissions rate of mass per unit of time. 

By adding a definition for “Continuous parameter monitoring system” to read as follows:

Continuous parameter monitoring system (CPMS) – all of the equipment necessary to meet 

the data acquisition and availability requirements of this section, to monitor process and control 

device operational parameters (for example, control device secondary voltages and electric 

currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to 

record average operational parameter value(s) on a continuous basis. 

By adding a definition for “Department” to read as follows:

Department – The District Department of the Environment (DDOE).

By deleting the definition of “Federal Clean Air Act.”

By amending the definition of “Federally enforceable” to read as follows:

Federally enforceable – all limitations and conditions which are enforceable by the 

Administrator, including those requirements developed pursuant to 40 CFR parts 60, 61, and 63

requirements within any applicable state implementation plan, any permit requirements 

established pursuant to 40 C.F.R. § 52.21 or under regulations approved pursuant to 40 CFR part 

51, subpart I, including operating permits issued under an EPA-approved program that is 

incorporated into the state implementation plan and expressly requires adherence to any permit 

issued under such program, or any permit requirements not designated as “state only” in a federal 

operating permit, a permit issued pursuant to chapter 3 of this title, or a permit issued pursuant to 

40 C.F.R. parts 70 and 71.

By adding a definition for “Lowest achievable emission rate” to read as follows:

Lowest achievable emission rate (LAER) – for any source, the more stringent rate of emissions 

based on the following:
(a) The most stringent emissions limitation which is contained in the implementation plan of 

any State for such class or category of stationary source, unless the owner or operator of 

the proposed stationary source demonstrates that such limitations are not achievable; or

(b) The most stringent emissions limitation which is achieved in practice by such class or 

category of stationary sources. This limitation, when applied to a modification, means 

the lowest achievable emissions rate for the new or modified emissions units within or 

stationary source. In no event shall the application of the term permit a proposed new or 

modified stationary source to emit any pollutant in excess of the amount allowable under 

an applicable new source standard of performance.

By deleting the definition of “Major Modification.”

By amending the definition of “Major stationary source” to read as follows:

Major stationary source – any stationary source of air pollutants which emits, or has the 

potential to emit, one hundred tons per year (100 Tpy) or more of any pollutant regulated under 

the Clean Air Act, except that lower emissions thresholds shall apply as follows:

(a) Seventy (70) Tpy or more of PM10 or, where applicable, seventy (70) Tpy of a specific 

PM10 precursor, in any nonattainment area for PM10;

(b) Fifty (50) Tpy or more of carbon monoxide in any serious nonattainment area for carbon 

monoxide, where stationary sources contribute significantly to carbon monoxide levels in 

the area (as determined under rules issued by the EPA Administrator); 

(c) Twenty-five (25) Tpy or more of nitrogen oxides or volatile organic compounds in any 

nonattainment area for ozone, except where paragraph (d) below is applicable;

(d) Ten (10) Tpy or more of nitrogen oxides or volatile organic compounds in any extreme 

nonattainment area for ozone;

(e) Any physical change that would occur at a stationary source not qualifying under 

paragraphs (a) - (d) above, is a major stationary source if the change would constitute a 

major stationary source by itself;

(f) A major stationary source that is major for volatile organic compounds or oxides of 

nitrogen shall be considered major for ozone; and

(h) The fugitive emissions of a stationary source shall not be included in determining major 

stationary source status, unless the source belongs to one (1) of the following categories 

of stationary sources:

(1) Coal cleaning plants (with thermal dryers);
(2) Kraft pulp mills;

(3) Portland cement plants;

(4) Primary zinc smelters; 

(5) Iron and steel mills;

(6) Primary aluminum ore reduction plants;

(7) Primary copper smelters;

(8) Municipal incinerators capable of charging more than two hundred fifty tons (250

T) of refuse per day;

(9) Hydrofluoric, sulfuric, or nitric acid plants;

(10) Petroleum refineries;

(11) Lime plants;

(12) Phosphate rock processing plants;

(13) Coke oven batteries;

(14) Sulfur recovery plants;

(15) Carbon black plants (furnace process);

(16) Primary lead smelters;

(17) Fuel conversion plants;

(18) Sintering plants;

(19) Secondary metal production plants;

(20) Chemical process plants;

(21) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty 

million British thermal units (250,000,000 Btus) per hour heat input;

(22) Petroleum storage and transfer units with a total storage capacity exceeding three 

hundred thousand (300,000) barrels;

(23) Taconite ore processing plants;
(24) Glass fiber processing plants;

(25) Charcoal production plants;

(26) Fossil fuel-fired steam electric plants of more than two hundred fifty million 

British thermal units (250,000,000 Btus) per hour heat input; and

(27) Any other stationary source category which, as of August 7, 1980, is being 

regulated under §§ 111 or 112 of the Clean Air Act.

By amending the definition of “modification” to read as follows:

Modification – other than as used in § 205 of this title, any physical change in, or change in the 

method of operation of, a stationary source which increases or decreases the amount of any air 

pollutant emitted by the source, or which results in the emission of any air pollutant not previously 

emitted, except that the term shall not include the following:

(a) Routine maintenance, repair, or replacement;

(b) An increase in the hours of operation or in the production rate, unless the change would be 

prohibited under any federally enforceable permit condition established pursuant to § 204; 

(c) Use of an alternative fuel or raw material if, prior to March 15, 1985, the affected facility 

was designed to accommodate the alternative use; and

(d) Decommissioning or removal. 

By deleting the definition of “Net Emissions Increase.”

By adding a definition for “Particulate Matter 2.5 (PM2.5)” to read as follows:

Particulate Matter 2.5 (PM2.5) – finely divided solid or liquid material, including condensable 

particulate, other than uncombined water, with an aerodynamic diameter less than or equal to a 

nominal two and a half micrometers (2.5 μm), emitted to the ambient air. When used in the 

context of ambient concentration, means particles with an aerodynamic diameter less than or 

equal to a nominal two and a half micrometers (2.5 μm) as measured by a reference method 

based on 40 C.F.R. part 50, appendix L, or an equivalent method designated in accordance with 

40 C.F.R. part 53.

By adding a definition for “Particulate Matter 10 (PM10)” to read as follows:

Particulate Matter 10 (PM10) – particulate matter with an aerodynamic diameter less than or 

equal to a nominal ten micrometers (10 μm).

By amending the definition of “Potential to emit” to read as follows:
Potential to emit – the maximum capacity of a stationary source to emit a pollutant under its 

physical and operational design. Any physical or operational limitation on the capacity of the 

source to emit a pollutant, including air pollution control equipment and restrictions on hours of 

operation or on the type or amount of material combusted, stored, or processed, shall be treated 

as part of its design only if the limitation or the effect it would have on emissions is enforceable 

as a practical matter. Secondary emissions do not count in determining the potential to emit of a 

stationary source.

By adding a definition for “Project” as follows:

Project – a physical change in, or change in the method of operation of, an existing major 

stationary source.

SECTION 199 (DEFINITIONS), subsection 199.2, of CHAPTER 1 (GENERAL RULES), 

of TITLE 20 (ENVIRONMENT) of the DCMR is amended to add the following acronyms: 

Best Available Control Technology BACT

Lowest Achievable Emissions Rate LAER

New Source Review NSR

Particulate Matter 2.5 PM2.5

SECTION 199 (DEFINITIONS), subsection 199.2, of CHAPTER 1 (GENERAL RULES), of 

TITLE 20 (ENVIRONMENT) of the DCMR is amended as follows:

The second definition for the acronym, “PM,” which is currently defined as:

particulate matter with an aerodynamic diameter

is amended to read “PM10” as follows:

Particulate Matter 10

SECTION 200 (GENERAL PERMIT REQUIREMENTS), of CHAPTER 2 (GENERAL 

AND NON-ATTAINMENT AREA PERMITS), of TITLE 20 (ENVIRONMENT) of the 

DCMR is amended to read as follows:

200 GENERAL PERMIT REQUIREMENTS

200.1 A permit from the MayorDepartment shall be obtained before any person shall 

cause, suffer, or allow the construction of a new stationary source, or the 

modification of an existing stationary source, or the installation or modification of 

any air pollution control device on a stationary source.
200.2 An operating permit shall be obtained from the MayorDepartment before any 

person shall cause, suffer, or allow the operation of the following:

(a) Any major stationary source, for which a construction or modification 

permit is required under § 200.1; or

(b) Any source for which a construction or modification permit is required 

under § 200.1, and which construction or modification permit was subject 

to conditions which affect, or would affect, the operation of the source.

200.3 The MayorDepartment may allow the temporary operation of a source for a 

period no longer than one (1) month. This period may be extended month to 

month, to enable the initial evaluation of the operation of a source or device 

granted a permit under § 200.1, or to enable the continued operation of a source 

for which an application for an operating permit under § 200.2 has been filed, but 

due to delays attributable to the MayorDepartment the permit has not been issued. 

Any temporary operation of a source shall be in accordance with the requirements

of this chapter.

200.4 Construction and operating permits, shall be valid for the period specified in the 

permit, but not to exceed three (3)five (5) years.

200.5 Each owner or operator of a stationary source or device for which a permit is 

required shall timely file with the MayorDepartment the appropriate application, 

including applications for renewal of any construction or operating permit, if 

construction activities or operations are to continue beyond the expiration date of 

an existing permit.

200.6 The Department may, after its review, review by EPA and affected states (as 

defined in 20 DCMR § 399), and after notice and opportunity for public comment 

and hearing as required by § 210, establish a source category permit covering a 

group of similar sources or emission units according to (a) through (h) of this 

subsection:

(a) Any source category permit shall comply with all requirements applicable 

to the source pursuant to the air quality regulations this title;

(b) During establishment of any source category permit, the Department shall 

establish criteria by which sources may qualify for the source category 

permit;

(c) The Department shall maintain records of the public comments and issues 

raised during the public participation process;

(d) A source category permit does not substitute for a permit required under 

chapter 3 of this title;
(e) A response to each source category permit application may not be 

provided, rather the source category permit may specify a reasonable 

period of time after which an application is deemed approved and the 

applicant may construct and operate under the source category permit;

(f) The applicant for a source category permit may be issued an individual 

permit or letter or other document indicating that the application has been 

approved or denied;

(g) If the Department provides an individual response, as provided in 

paragraph (f), the permittee shall retain the response and make it available 

on request to authorized officials of the Department; and

(h) Any established source category permit is subject to the expiration and 

renewal conditions found in § 200.4 and 200.5 and may be revised by 

following the same process as is used for original establishment of the 

permit.

200.67 Applications for permits shall be filed with the MayorDepartment on the form or 

forms that the MayorDepartment shall prescribe and shall be accompanied by the 

data, information, and analyses necessary or desirable to enable the 

MayorDepartment to determine whether the requested permit should be issued or 

denied.

200.78 The MayorDepartment may require, at any time, the submission of the data, 

information, and analyses that the MayorDepartment may deem necessary or 

desirable, to allow the MayorDepartment to determine whether a requested permit 

should be issued or denied, or an outstanding permit should be modified or 

revoked.

200.89 Applications for construction and operating permits may incorporate by reference 

data, information, and analyses otherwise available or provided to the 

MayorDepartment, provided that the reference is clear and specific.

200.910 Each permit application shall be accompanied by a fee to be determined by the 

MayorDepartment.

200.1011 An application for a permit shall be signed in the following manner:

(a) If the applicant is a partnership, a general partner shall sign the 

application;

(b) If the applicant is a corporation, association, or cooperative, an officer 

shall sign the application;
(c) If the applicant is a sole proprietorship, the proprietor shall sign the 

application; and

(d) If the applicant is a government or governmental agency, department, or 

board, a senior executive of that government, agency, department, or board 

who has authority to sign shall sign the application.

200.1112 No permit shall be required for any fuel burning equipment which has a capacity 

of five million British thermal units (5,000,000 Btus) or less B.T.U.s per hour of 

heat input and which uses for fuel only gaseous fuels or distillate oils. This 

section shall not apply to sources subject to § 204.

200.1213 The MayorDepartment shall establish a schedule of fees for construction and 

operating permits. These fees shall be sufficient to cover the reasonable costs of 

reviewing and acting upon the application and the reasonable costs of 

implementing and enforcing the terms and conditions of the permit.

SECTION 204 (PERMIT REQUIREMENTS FOR SOURCES AFFECTING NONATTAINMENT AREAS) of CHAPTER 2 (GENERAL AND NON-ATTAINMENT AREA 

PERMITS) of the DCMR is repealed and replaced with:

204 PERMIT REQUIREMENTS FOR MAJOR SOURCES LOCATED IN 

NON-ATTAINMENT AREAS (NEW SOURCE REVIEW)

204.1 This section shall apply to the construction of any new major stationary source or 

any major modification at an existing major stationary source in an area 

designated as nonattainment under § 107(d)(1)(A)(i) of the Clean Air Act.

204.2 Permit applications submitted pursuant to this section shall include a control 

technology evaluation to demonstrate that any new major stationary source or 

major modification will meet the lowest achievable emission rate (LAER) for all 

new or modified emissions units, unless otherwise provided in this section.

204.3 Any permit application submitted pursuant to this section shall provide for 

creditable emission reduction offsets pursuant to this section. The application 

shall provide documentation adequate for the Department to assess the validity of 

the proposed offsets.

204.4 Any new major stationary source or major modification to be constructed in an 

area designated as nonattainment shall comply with LAER as determined by the 

Department and set forth in a preconstruction permit issued pursuant to this 

section. 

204.5 Any new major stationary source or major modification to be constructed in a 

nonattainment area shall not begin actual construction without a permit issued by 
the Department that incorporates the applicable control technology and offset 

requirements as specified in § 204.18 and 204.19.

204.6 Before applying for a permit to construct, the owner or operator shall determine 

applicability pursuant to the provisions below and submit this determination with 

the permit application:

(a) A project is a major modification for a regulated NSR pollutant as defined 

in § 299;

(b) Determine whether the emissions increases from the project are significant 

as defined in § 299 by summing the potential to emit from each new 

emissions unit and the difference between the potential to emit for each 

existing unit affected by the project after the change and the actual 

emissions prior to the change;

(c) Determine whether the project results in a significant net emissions 

increase as defined in § 299;

(d) An emissions unit is considered affected by the project if an emissions 

increase from the unit would occur as a result of the project, regardless of 

whether a physical change or change in the method of operation will occur 

at the particular emissions unit; and

(e) Subsection 204.17 pertains to projects that result in a significant increase 

in a regulated NSR pollutant, but do not result in a significant net 

emissions increase.

204.7 Any major stationary source subject to a Plantwide Applicability Limit (PAL) for 

a regulated NSR pollutant shall comply with the requirements set forth in § 208.

204.8 For sources and modifications subject to any preconstruction review program, the 

baseline for determining credit for emissions reductions is the emissions limit 

under the State Implementation Plan in effect at the time the application to 

construct is filed, except that the offset baseline shall be the actual emissions of 

the source from which offset credit is obtained where:

(a) The demonstration of reasonable further progress and attainment of 

ambient air quality standards is based upon the actual emissions of sources 

located within the designated nonattainment area; or 

(b) The State Implementation Plan does not contain an emissions limitation 

for that source or source category.

204.9 In determining offset credits, the following provisions shall also apply: 
(a) Where the emissions limit under the State Implementation Plan provides 

for greater emissions than the potential to emit of the source, offset credits 

will be granted only for control below the potential to emit; 

(b) For an existing fuel combustion source, credit shall be based on the 

allowable emissions under the applicable State Implementation Plan for 

the type of fuel being burned at the time the application to construct is 

filed:

(1) If the existing source commits to switch to a cleaner fuel at some 

future date, emissions offset credit based on the allowable (or 

actual) emissions for the fuels involved is not acceptable, unless 

the permit is conditioned to require the use of a specified 

alternative control measure which would achieve the same degree 

of emissions reduction should the source switch back to a dirtier 

fuel at some later date; and 

(2) The Department should ensure that adequate long-term supplies of 

the new fuel are available before granting emissions offset credit 

for fuel switches; and

(c) Emissions reductions achieved by shutting down an existing source or 

curtailing production or operating hours below baseline levels may be 

generally credited if such reductions are surplus, permanent, quantifiable, 

and federally enforceable:

(1) The shutdown or curtailment is creditable only if it occurred on or 

after the date of the most recent emissions inventory used in the 

plan's demonstration of attainment, unless an earlier cutoff date has 

been specified in the plan; 

(2) In no event may credit be given for shutdowns that occurred prior 

to August 7, 1977; and

(3) For purposes of this subsection, the Department may choose to 

consider a prior shutdown or curtailment to have occurred after the 

date of its most recent emissions inventory, if the inventory 

explicitly includes as current existing emissions the emissions from 

such previously shutdown or curtailed sources.

204.10 No emissions credit may be allowed for replacing one (1) hydrocarbon compound 

with another of lesser reactivity, except for those compounds listed in Table 1 of 

EPA's "Recommended Policy on Control of Volatile Organic Compounds,'' 42 

Fed. Reg. 35314 (July 8, 1977).

204.11 All emission reductions claimed for offset credit shall be federally enforceable.
204.12 Procedures relating to the permissible location of offsetting emissions shall be 

followed which are at least as stringent as those set out in 40 C.F.R. part 51, 

appendix S, § IV.D. 

204.13 Credit for an emissions reduction can be claimed to the extent that the Department 

has not relied on it in issuing any permit under regulations approved pursuant to 

40 C.F.R. part 51, subpart I, or the District has not relied on it in demonstrating 

attainment or reasonable further progress.

204.14 The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset in accordance with § 173 of the Clean Air Act 

shall be determined by summing the difference between the allowable emissions 

after the modification and the actual emissions before the modification for each 

emissions unit.

204.15 The provisions of § 204 do not apply to a source or modification that would be a 

major stationary source or major modification only if fugitive emissions to the 

extent quantifiable are considered in calculating the potential to emit of the 

stationary source or modification and the source does not belong to any of the 

categories listed under the definition of major stationary source in § 199.1. 

204.16 The following provisions apply to any owner or operator subject to the air quality 

regulations of this title:

(a) Approval to construct shall not relieve any owner or operator of the 

responsibility to comply fully with applicable provisions of the State 

Implementation Plan and any other requirements under local, state or 

federal law; and 

(b) At such time that a particular source or modification becomes a major 

stationary source or major modification solely by virtue of a relaxation in 

any enforceable limitation which was established after August 7, 1980, on 

the capacity of the source or modification otherwise to emit a pollutant, 

such as a restriction on hours of operation, then the requirements of this 

section shall apply to the source or modification as though construction 

had not yet commenced on the source or modification.

204.17 For any project that would result in a significant emissions increase, but is not 

considered a major modification:

(a) Before submitting a permit application for such a project, the owner or 

operator shall document and maintain a record of the following 

information:

(1) A description of the project;
(2) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and

(3) The applicability analysis used to determine the project is not a 

major modification for any regulated NSR pollutant, including the 

actual emissions, the potential to emit after the project, and the 

netting analysis; 

(b) The owner or operator shall provide a copy of the information set out in 

paragraph (a) to the Department with a permit application submitted 

pursuant to § 200.1; and

(c) The owner or operator of the source shall make the information required in 

paragraph (a) available for review upon the Department’s request.

204.18 The permit shall require that in meeting the emissions offset requirements for 

ozone nonattainment areas, the ratio of total actual emission reductions of VOC or 

NOX to the emissions increase of VOC or NOX shall be at least one and three 

tenths to one (1.3:1).

204.19 The permit shall require that in meeting the emissions offset requirements for all 

other nonattainment areas, the ratio of total actual emission reductions of any 

pollutant to the emissions increase of that pollutant shall be at least one to one 

(1:1).

204.20 Requirements of this chapter applicable to major stationary sources and major

modifications of PM10 shall also apply to major stationary sources and major

modifications of PM10 precursors, except where the Administrator determines that 

such sources do not contribute significantly to PM10 levels that exceed the PM10

ambient standards in the area.

204.21 In meeting the emissions offset requirements of § 204.8 through 204.14, the 

emissions offsets obtained shall be for the same regulated NSR pollutant, except 

as provided in § 204.22.

204.22 The Department may allow the offset requirements in § 204.8 through 204.14 for 

direct PM2.5 emissions or precursors of PM2.5 to be satisfied by offsetting 

reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor, using a 

ratio approved by the Department following public notice and comment and 

approval by EPA.

SECTION 206 (NOTICE AND COMMENT PRIOR TO PERMIT ISSUANCE) of 

CHAPTER 2 (GENERAL AND NON-ATTAINMENT AREA PERMITS) of TITLE 20 

(ENVIRONMENT) of the DCMR is repealed and replaced with:
206 [RESERVED]

CHAPTER 2 (GENERAL AND NON-ATTAINMENT AREA PERMITS) of TITLE 20 

(ENVIRONMENT) of the DCMR is amended by adding a new section 208 to read as 

follows:

208 PLANTWIDE APPLICABILITY LIMIT (PAL) PERMITS FOR MAJOR 

SOURCES

208.1 The Department may approve the use of a Plantwide Applicability Limit (PAL) 

for any existing major stationary source if the PAL meets the requirements in this 

section. 

208.2 The Department shall not approve the use of a PAL for VOC or NOx for any 

major stationary source in an extreme ozone nonattainment area.

208.3 Any physical change in or change in the method of operation of a major stationary 

source that maintains its total source-wide emissions below the PAL level, meets 

the requirements of this section, and complies with the PAL permit is not a major 

modification for the PAL pollutant and does not have to be approved through the 

nonattainment New Source Review program in § 204.

208.4 Any major stationary source operating under a PAL permit shall continue to 

comply with all applicable federal, state or local requirements, emission 

limitations, and work practice requirements that were established prior to the 

effective date of the PAL permit, excluding any enforceable emissions limitations 

that the source used to avoid applicability with the requirements of the District’s 

NSR program under § 204 and 206, except as modified through normal permit 

modification processes under chapter 2 or chapter 3 of this title. 

208.5 As part of a permit application requesting a PAL, the owner or operator of a major 

stationary source shall submit the following information to the Department for 

approval: 

(a) A list of all emissions units at the source designated as small, significant, 

or major based on their potential to emit. In addition, the owner or 

operator of the source shall indicate which, if any, federal or state 

applicable requirements, emission limitations, or work practices apply to 

each unit;

(b) Calculations of the PAL baseline emissions, with supporting 

documentation, for all emissions units at the source;

(c) The calculation procedures that the major stationary source owner or 

operator proposes to use to convert the monitoring system data to monthly 

emissions and annual emissions based on a twelve (12) month rolling total 

for each month as required by § 208.33; and
(d) Any other information requested by the Department. 

208.6 The Department may establish a PAL at a major stationary source, provided that 

at a minimum, the following requirements are met:

(a) The PAL shall impose an emission limitation that is federally enforceable 

and enforceable as a practical matter, for the entire major stationary 

source, with compliance to be determined as follows:

(1) For each month during the PAL effective period after the first 

twelve (12) months of establishing a PAL, the major stationary 

source owner or operator shall show that the sum of the monthly 

emissions from each emissions unit under the PAL for the previous 

twelve (12) consecutive months is less than the PAL (a twelve (12) 

month average, rolled monthly); and

(2) For each month during the first eleven (11) months from the PAL 

effective date, the major stationary source owner or operator shall 

show that the sum of the preceding monthly emissions from the 

PAL effective date for each emissions unit under the PAL is less 

than the PAL;

(b) The PAL shall be established in a PAL permit that meets the public 

participation requirements in § 208.8;

(c) The PAL shall be set in accordance with the requirements of § 208.9; 

(d) The PAL permit shall contain all the requirements in § 208.10;

(e) Each PAL shall regulate emissions of only one (1) pollutant;

(f) Each PAL shall have a term of no more than five (5) years; and

(g) The PAL permit shall contain monitoring, recordkeeping, and reporting 

conditions consistent with § 208.24 through 208.35. 

208.7 At no time (during or after the PAL effective period) are emissions reductions of a 

PAL pollutant that occur during the PAL effective period creditable as decreases 

for purposes of offsets under 40 C.F.R. § 51.165(a)(3)(ii) unless the level of the 

PAL is reduced by the amount of such emissions reductions and such reductions 

would be creditable in the absence of the PAL.

208.8 PALs for existing major stationary sources shall be established, renewed, or 

increased through a public participation procedure that is consistent with 40 

C.F.R. §§ 51.160 and 51.161 and § 210, including the following:
(a) The Department shall provide the public with notice of the proposed 

approval of a PAL permit and at least a thirty (30) day period for submittal 

of public comment; and

(b) The Department shall address all material comments before taking final 

action on the permit.

208.9 The initial PAL level for a major stationary source shall be established as follows: 

(a) The initial PAL shall be the sum of:

(1) The significant level for the PAL pollutant as defined in § 299.1 or 

under the Clean Air Act, whichever is lower; and

(2) The PAL baseline emissions of the PAL pollutant for each 

emissions unit at the source at the time the application is 

submitted, except that PAL baseline emissions from any emissions 

unit that has been permanently shut down shall not be included in 

establishing the PAL; 

(b) The Department shall establish a future effective PAL adjustment in the 

PAL permit to reflect a reduction (in tons per year) for any applicable 

federal or state regulatory requirement with a future compliance date; and

(c) For newly constructed units (which do not include modifications to 

existing units) on which actual construction began after the twenty-four 

(24) month period, in lieu of adding the baseline actual emissions as 

specified in paragraph (a), the emissions must be added to the PAL level 

in an amount equal to the potential to emit of the units.

208.10 The PAL must contain, at a minimum, the following information:

(a) The PAL pollutant and the applicable source-wide emission limitations in 

tons per year and their effective dates;

(b) The PAL permit effective date and the expiration date of the PAL;

(c) Specification in the PAL permit that if a major stationary source owner or 

operator applies to renew a PAL in accordance with § 208.16 through 

208.18 before the end of the PAL effective period, then the PAL shall not 

expire at the end of the PAL effective period but it shall remain in effect 

until final action is taken by the Department on the application for 

renewal;
(d) A requirement that emission calculations for compliance purposes must 

include any noncompliant emissions in excess of any emissions 

limitations, emissions associated with startup and shutdown, fugitive 

emissions, to the extent quantifiable, and emissions associated with upsets 

or malfunctions;

(e) A requirement that, once the PAL expires, the major stationary source is 

subject to the requirements of § 208.15;

(f) The calculation procedures that the major stationary source owner or 

operator shall use to convert the monitoring system data to monthly 

emissions and annual emissions based on a twelve (12) month rolling total 

as required by § 208.33;

(g) A requirement that the major source owner or operator monitor all 

emissions units in accordance with the provisions under § 208.24 through 

208.32;

(h) A requirement to retain the records required under § 208.33 and 208.34 on 

site (such records may be retained in an electronic format);

(i) A requirement to submit the reports required under § 208.35 by the 

required deadlines; and

(k) Any other requirements that the Department deems necessary to 

implement and enforce the PAL.

208.11 The Department shall specify a PAL effective period of no more than five (5) 

years.

208.12 During the PAL effective period, the Department must reopen the PAL permit to: 

(a) Correct typographical or calculation errors made in setting the PAL or 

reflect a more accurate determination of emissions used to establish the 

PAL; 

(b) Reduce the PAL if the owner or operator of the major stationary source 

creates creditable emissions reductions for use as offsets;

(c) Revise the PAL to reflect an increase in the PAL as provided under §

208.23;

(d) Reduce the PAL if the Department determines that a reduction is 

necessary to avoid causing or contributing to a NAAQS or PSD increment 

violation, or to an adverse impact on an air quality related value that has 
been identified for a Federal Class I area by a Federal Land Manager and 

for which information is available to the general public; and 

(e) Reduce the PAL to reflect newly applicable requirements (for example, 

NSPS) with compliance dates after the PAL effective date.

208.13 The Department shall reopen a chapter 3 operating permit with a PAL for cause 

consistent with § 303.6 and 303.7 of this title.

208.14 Except for the permit reopening for the correction of typographical or calculation 

errors that do not increase the PAL level, all other reopenings shall be carried out 

in accordance with the public participation requirements in § 208.8.

208.15 Any PAL that is not renewed in accordance with the procedures in § 208.16 shall 

expire at the end of the PAL effective period, and the following requirements 

shall apply:

(a) Each emissions unit (or each group of emissions units) that existed under 

the PAL shall comply with an allowable emission limitation under a 

revised permit established according to the following procedures:

(1) Within the time frame specified for PAL renewals in § 208.16, the 

major stationary source shall submit a proposed allowable 

emission limitation for each emissions unit (or each group of 

emissions units, if such a distribution is more appropriate as 

decided by the Department) by distributing the PAL allowable 

emissions for the major stationary source among each of the 

emissions units that existed under the PAL;

(2) If the PAL had not yet been adjusted for an applicable requirement 

that became effective during the PAL effective period, as required 

under § 208.16, such distribution shall be made as if the PAL had 

been adjusted; and

(3) The Department shall decide whether and how the PAL allowable 

emissions will be distributed and issue a revised permit 

incorporating allowable limits for each emissions unit, or each 

group of emission units, as the Department determines is 

appropriate;

(b) Each emissions unit(s) shall comply with the allowable emission 

limitation on a twelve (12) month rolling basis;

(c) The Department may approve the use of monitoring systems (source 

testing, and emission factors) other than continuous emissions monitoring 

system (CEMS), continuous emissions rate monitoring system (CERMS), 
predictive emissions monitoring system (PEMS) or continuous parameter 

monitoring system (CPMS) to demonstrate compliance with the allowable 

emission limitation;

(d) Until the Department issues the revised permit incorporating allowable 

limits for each emissions unit, or each group of emissions units, as 

required under subparagraph (a)(3) of this subsection, the source shall 

continue to comply with a source-wide, multi-unit emissions cap 

equivalent to the level of the PAL emission limitation;

(e) Any physical change or change in the method of operation at the major 

stationary source will be subject to major NSR requirements if such 

change meets the definition of major modification in § 199.1 of this title; 

and

(f) The major stationary source owner or operator shall continue to comply 

with any state or federal applicable requirements (Lowest Achievable 

Emissions Rate (LAER), Best Achievable Control Technology (BACT), 

Reasonably Available Control Technology (RACT), and New Source 

Performance Standards (NSPS)) that may have applied either during the 

PAL effective period or prior to the PAL effective period except for those 

emission limitations that were established pursuant to § 208.4, but were 

eliminated by the PAL in accordance with the provisions in § 208.3. 

208.16 The Department shall follow the procedures specified in § 208.8 in approving any 

request to renew a PAL for a major stationary source, and shall provide both the 

proposed PAL level and a written rationale for the proposed PAL level to the 

public for review and comment. During such public review, any person may 

propose a PAL level for the source for consideration by the Department.

208.17 A major stationary source owner or operator shall submit a timely application to 

the Department to request renewal of a PAL. A timely application is one that is 

submitted at least six (6) months prior to, but not earlier than eighteen (18) 

months from, the date of permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. 

If the owner or operator of a major stationary source submits a complete 

application to renew the PAL within this time period, then the PAL shall continue 

to be effective until the Department takes final action on the application for 

renewal.

208.18 The application to renew a PAL permit shall contain the following information: 

(a) The information required in § 208.5;

(b) A proposed PAL level;
(c) The sum of the potential to emit of all emissions units under the PAL 

(with supporting documentation);

(d) Any other information the owner or operator wishes the Department to 

consider in determining the appropriate level for renewing the PAL; and

(e) Additional information as requested by the Department to make a 

determination on the renewal request.

208.19 If the emissions level calculated in accordance with § 208.9 is equal to or greater 

than eighty percent (80%) of the PAL level, the Department may renew the PAL 

at the same level without considering the factors set forth in § 208.20. However, 

in no case may any such adjustment fail to comply with § 208.21. 

208.20 The Department may set the PAL at a level that it deems to be more 

representative of the source’s PAL baseline emissions determined from the date 

of the renewal application, or that the Department determines to be more 

appropriate considering air quality needs, advances in control technology, 

anticipated economic growth in the area, desire to reward or encourage the 

source’s voluntary emissions reductions, or other factors as specifically identified 

by the Department’s written rationale.

208.21 Notwithstanding § 208.19 and 208.20 above:

(a) If the potential to emit of the major stationary source is less than the PAL, 

the Department shall adjust the PAL to a level no greater than the potential 

to emit of the source; and

(b) The Department shall not approve a renewed PAL level higher than the 

current PAL, unless the major stationary source has complied with the 

provisions of § 208.23 (increasing a PAL).

208.22 If the compliance date for a state or federal requirement that applies to the PAL 

source occurs during the PAL effective period, and if the Department has not 

already adjusted for such requirement, the PAL shall be adjusted at the time of 

PAL permit renewal or the source’s Title V permit renewal, whichever occurs 

first.

208.23 The Department may increase a PAL emission limitation following the provisions 

below:

(a) The owner or operator of the major stationary source shall: 

(1) Submit a complete application to request an increase in the PAL 

limit for a PAL major modification. The following requirements 

shall apply:
(A) Such application shall identify the emissions unit(s) 

contributing to the increase in emissions so as to cause the 

major stationary source's emissions to equal or exceed its 

PAL; 

(B) As part of this application, the major stationary source 

owner or operator shall demonstrate that the sum of the 

PAL baseline emissions of the small emissions units, plus 

the sum of the PAL baseline emissions of the significant 

and major emissions units assuming application of LAER, 

plus the sum of the allowable emissions of the new or 

modified emissions unit(s) exceeds the PAL; and

(C) The level of control that would result from the application 

of LAER on each significant or major emissions unit shall 

be determined by conducting a new LAER analysis at the 

time the application is submitted, unless the emissions unit 

is currently obligated to comply with a LAER requirement 

that was established within the preceding five (5) years. In 

such a case, the assumed control level for that emissions 

unit shall be equal to level of LAER with which that 

emissions unit must currently comply; 

(2) Obtain a major NSR permit for all emissions unit(s) identified in §

208.23(a)(1)(A) regardless of the magnitude of the emissions 

increase resulting from them (that is, no significance levels apply);

and

(3) The emissions unit(s) in subparagraph (2) shall comply with any 

emissions requirements resulting from the major NSR process (for 

example, LAER or BACT), even though they have also become 

subject to the PAL or continue to be subject to the PAL;

(b) The PAL permit shall require that the increased PAL level be effective on 

the day any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant; 

(c) The Department shall calculate the new PAL as the sum of the allowable 

emissions for each modified or new emissions unit, plus the sum of the 

PAL baseline emissions of the significant and major emissions units, plus 

the sum of the PAL baseline emissions of the small emissions units; and 

(d) The PAL permit shall be revised to reflect the increased PAL level 

pursuant to the public notice requirements of § 208.8.
208.24 Each PAL permit must contain enforceable requirements for the monitoring 

system that accurately determines plantwide emissions of the PAL pollutant in 

terms of mass per unit of time; 

(a) Any monitoring system authorized for use in the PAL permit must be 

based on sound science and meet generally acceptable scientific 

procedures for data quality and manipulation;

(b) The information generated by such system must meet minimum legal 

requirements for admissibility in a judicial proceeding to enforce the PAL 

permit;

(c) The PAL monitoring system must employ one (1) or more of the four (4) 

general monitoring approaches meeting the minimum requirements set 

forth in § 208.25 through 208.32 and must be approved by the 

Department;

(d) Notwithstanding the paragraph above, the owner or operator may employ 

an alternative monitoring approach that meets the requirements of this 

section if approved by the Department; and 

(e) Failure to use a monitoring system that meets the requirements of this 

section renders the PAL invalid.

208.25 The following are acceptable general monitoring approaches when conducted in 

accordance with the minimum requirements in § 208.26 through 208.32:

(a) Mass balance calculations for activities using coatings or solvents and 

sulfur dioxide calculations for fuel burning sources;

(b) CEMS; 

(c) CPMS or PEMS; or

(d) Emission factors.

208.26 An owner or operator using mass balance calculations to monitor PAL pollutant 

emissions from activities using coating or solvents shall meet the following 

requirements:

(a) Provide a demonstrated means of validating the published content of the 

PAL pollutant that is contained in or created by all materials used in or at 

the emissions unit;
(b) Assume that the emissions unit emits all of the PAL pollutant that is 

contained in or created by any raw material or fuel used in or at the 

emissions unit, if it cannot otherwise be accounted for in the process; and

(c) Where the vendor of a material or fuel, which is used in or at the 

emissions unit, publishes a range of pollutant content from such material, 

the owner or operator must use the highest value of the range to calculate 

the PAL pollutant emissions unless the Department determines there is 

site-specific data or a site-specific monitoring program to support another 

content within the range.

208.27 An owner or operator using CEMS to monitor PAL pollutant emissions shall meet 

the following requirements:

(a) CEMS must comply with applicable Performance Specifications found in 

40 C.F.R. part 60, appendix B; and 

(b) CEMS must sample, analyze, and record data at least every fifteen (15) 

minutes while the emissions unit is operating.

208.28 An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions 

shall meet the following requirements:

(a) The CPMS or the PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(s) and the 

PAL pollutant emissions across the range of operations of the emissions 

unit; and

(b) Each CPMS or PEMS must sample, analyze, and record data at least every 

fifteen (15) minutes, or at another less frequent interval that the 

Department approves, while the emissions unit is operating. 

208.29 An owner or operator using emission factors to monitor PAL pollutant emissions 

shall meet the following requirements: 

(a) All emission factors shall be adjusted, if appropriate, to account for the 

degree of uncertainty or limitations in the factors’ development; 

(b) The emissions unit shall operate within the designated range of use for the 

emission factor, if applicable; and

(c) If technically practicable, the owner or operator of a significant emissions 

unit that relies on an emission factor to calculate PAL pollutant emissions 

shall conduct validation testing to determine a site-specific emission factor 

within six (6) months of PAL permit issuance unless the Department 

determines that testing is not required.
208.30 A source owner or operator must record and report maximum potential to emit 

without considering enforceable emission limitations or operational restrictions 

for an emissions unit during any period of time that there is no monitoring data, 

unless another method for determining emissions during such periods is specified 

in the PAL permit.

208.31 Notwithstanding the requirements in § 208.26 through 208.30, where an owner or 

operator of an emissions unit cannot demonstrate a correlation between the 

monitored parameter(s) and the PAL pollutant emissions rate at all operating 

points of the emissions unit, the Department shall, at the time of permit issuance:

(a) Establish default value(s) for determining compliance with the PAL based 

on the highest potential emissions reasonably estimated at such operating 

point(s); or

(b) Determine that operation of the emissions unit during operating conditions 

when there is no correlation between monitored parameter(s) and the PAL 

pollutant emissions is a violation of the PAL.

208.32 All data used to establish the PAL pollutant must be revalidated through 

performance testing or other scientifically valid means approved by the 

Department. Such testing must occur at least once every five (5) years after 

issuance of the PAL.

208.33 The PAL permit shall require an owner or operator to retain a copy of all records 

necessary to determine compliance with any requirement of this section and of the 

PAL, including a determination of each emissions unit’s twelve (12) month 

rolling total emissions, for five (5) years from the date of such record.

208.34 The PAL permit shall require an owner or operator to retain a copy of the 

following records for the duration of the PAL effective period plus five (5) years:

(a) A copy of the PAL permit application and any applications for revisions to 

the PAL; and 

(b) Each annual certification of compliance pursuant to chapter 3 of this title 

and the data relied on in certifying the compliance.

208.35 The owner or operator shall submit semi-annual monitoring reports and prompt 

deviation reports to the Department in accordance with the applicable Title V 

operating permit program in chapter 3 of this title. The reports shall meet the 

following requirements:
(a) The semiannual report shall be submitted to the Department within thirty 

(30) days of the end of each reporting period. This report shall contain the 

following information: 

(1) The identification of owner and operator and the permit number; 

(2) Total annual emissions (tons per year) based on a twelve (12) 

month rolling total for each month in the reporting period recorded 

pursuant to § 208.33 and 208.34; 

(3) All data relied upon, including, but not limited to, any Quality 

Assurance or Quality Control data, in calculating the monthly and 

annual PAL pollutant emissions;

(4) A list of any emissions units modified or added to the major 

stationary source during the preceding six (6) month period;

(5) The number, duration, and cause of any deviations or monitoring 

malfunctions (other than the time associated with zero (0) and span 

checks), and any corrective action taken;

(6) A notification of a shutdown of any monitoring system, whether 

the shutdown was permanent or temporary, the reason for the 

shutdown, the anticipated date that the monitoring system will be 

fully operational or replaced with another monitoring system, and 

whether the emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions of the 

pollutant or the number determined by method included in the 

permit, as provided by § 208.30; and

(7) A signed statement by the responsible official (as defined by the 

applicable Title V operating permit program in chapter 3 of this 

title) certifying the truth, accuracy, and completeness of the 

information provided in the report; 

(b) The major stationary source owner or operator shall promptly submit 

reports of any deviations or exceedances of the PAL requirements, 

including periods where no monitoring is available; 

(c) The deviation reports required under paragraph (b) shall be submitted in 

accordance with § 302.1(c)(3)(C) of this title and shall contain the 

following information:

(1) The identification of owner and operator and the permit number;
(2) The PAL requirement that experienced the deviation or that was 

exceeded;

(3) Emissions resulting from the deviation or the exceedance; and 

(4) A signed statement by the responsible official (as defined by the 

applicable Title V operating permit program in chapter 3 of this 

title) certifying the truth, accuracy, and completeness of the 

information provided in the report; and

(d) The owner or operator shall submit to the Department the results of any 

revalidation test or method within three (3) months after completion of 

such test or method.

208.36 If any provision of this section, or the application of such provision to any person

of circumstance, is held invalid, the remainder of this section, or the application of 

such provision to persons or circumstances other than those as to which it is held 

invalid, shall not be affected thereby.

CHAPTER 2 (GENERAL AND NON-ATTAINMENT AIR PERMITS) of TITLE 20 

(ENVIRONMENT) of the DCMR is amended by adding a new section 210 to read as 

follows: 

210 NOTICE AND COMMENT PRIOR TO PERMIT ISSUANCE

210.1 Before issuing a permit under this chapter, the Department shall prepare a draft 

permit and provide adequate notice to ensure that the affected community and the 

general public have reasonable access to the application and draft permit 

information. 

210.2 With the exception of any information that the Department deems is confidential, 

the Department shall make available for public inspection:

(a) The application for a permit and any additional information that the 

Department requests;

(b) The Department’s analysis of the application, including, where required or 

deemed appropriate, an ambient air quality analysis, a regulatory review, 

and a control technology review; and

(c) The draft permit or justification for denial. 

210.3 The Department shall publish a notice regarding the draft permit or denial in the 

D.C. Register and shall make the information in § 210.2 available for public 

inspection at the Department’s office. In addition, the Department shall use at 
least one (1) of the following procedures to ensure appropriate means of 

notification:

(a) Mail or e-mail a copy of the notice to persons on a mailing list that the 

Department develops consisting of those persons who have requested to be 

placed on such a mailing list;

(b) Post the notice on the Department’s website;

(c) Publish the notice in a newspaper of general circulation in the area 

affected by the source;

(d) Provide copies of the notice for posting at one (1) or more locations in the 

area affected by the source, such as post offices, libraries, community 

centers, or other gathering places in the community; or

(e) Employ other means of notification as appropriate.

210.4 The notice shall include the following information at a minimum:

(a) Identifying information of the source, including the name and address of 

the facility, and the name and telephone number of the facility manager or 

other contact person;

(b) For preconstruction permits (including source category permits), the 

regulated NSR pollutants to be emitted, the affected emissions units, and 

the emission limitations for each affected emissions unit;

(c) For preconstruction permits, the emissions change involved in the permit 

action;

(d) The name, address, and telephone number of a contact person in the 

Department from whom additional information may be obtained;

(e) Locations and times of availability of the information in § 210.2; and

(f) A statement that any person may submit written comments, a written 

request for a public hearing, or both, on the draft permit action within 

thirty (30) days from the date of the public notice. 

210.5 By mail or e-mail, a copy of the notice shall be sent to the applicant, the EPA, 

through Region III, and to all Affected States (as defined in 20 DCMR § 399) for 

the following permits:

(a) All NSR permits issued pursuant to § 204; and
(b) All source category permits, when initially issued.

SECTION 299 (DEFINITIONS AND ABBREVIATIONS), SUBSECTION 299.1, of 

CHAPTER 2 (GENERAL AND NON-ATTAINMENT AREA PERMITS) of TITLE 20 

(ENVIRONMENT) of the DCMR is amended as follows:

The lead-in language in § 299.1 is amended to read as follows:

299.1 The meanings ascribed to the definitions and abbreviations appearing in § 199.1 

and 199.2 of this title shall apply to any terms in this chapter not defined below. 

However, the following definitions shall apply to the terms as used in this chapter: 

By adding the definition for “Emissions unit” to read as follows:

Emissions unit – means any part of a stationary source that emits or would have the potential to 

emit any regulated NSR pollutant following paragraphs (a) and (b) below:

(a) A new emissions unit is any emissions unit that is (or will be) newly constructed and that 

has existed for less than two (2) years from the date such emissions unit first operated. 

Any emissions unit that is constructed or installed for the purpose of replacing an existing 

unit, or any emissions unit that is relocated from another stationary source for the purpose 

of replacing an existing unit, shall be considered a new emissions unit at the time of 

replacement and until two (2) years from the date such new unit commenced operation;

and

(b) An existing emissions unit is any emissions unit that is not a new emissions unit.

By adding the definition for “Major emissions unit” to read as follows:

Major emissions unit – any emissions unit that emits or has the potential to emit the PAL

pollutant in an amount that is equal to or greater than the major source threshold for the PAL 

pollutant as defined for a major stationary source in § 199.1 of this title.

By amending the definition of “Major modification” to read as follows:

Major modification – any physical change in or change in the method of operation of a major 

stationary source that would result in a significant emission increase and a significant net 

emissions increase of a regulated NSR pollutant from the major stationary source:

(a) Any emissions increase that is significant for volatile organic compounds or nitrogen 

oxides shall be considered significant for ozone;

(b) A physical change or change in the method of operation shall not include:

(1) Routine maintenance, repair, and replacement. In determining whether an activity 

at a facility constitutes routine maintenance, repair, and replacement, the owner or 
operator shall consider the nature, extent, purpose, frequency, and cost of the 

work to be performed. Routine maintenance, repair, and replacement activities 

are narrow in scope, do not result in increased capacity, occur with regular 

frequency, and involve limited expense;

(2) Use of an alternative fuel raw material by reason of an order under §§ 2 (a) and 

(b) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 

§§ 791, et seq. (2006)) (or any superseding legislation) or by reason of a natural 

gas curtailment plan pursuant to the Federal Power Act (16 U.S.C. §§ 791a, et 

seq. (2006));

(3) Use of an alternative fuel by reason of an order or rule under § 125 of the Clean 

Air Act;

(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is 

generated from municipal solid waste;

(5) Use of an alternative fuel or raw material by a stationary source which;

(A) The source was capable of accommodating before December 21, 1976, 

unless such change would be prohibited under any federally enforceable 

permit condition which was established after December 12, 1976 pursuant 

to 40 C.F.R. § 52.21 or under regulations approved pursuant to 40 C.F.R.

part 51, subpart I or 40 C.F.R. § 51.166; or

(B) The source is approved to use under any permit issued pursuant to §§ 204 

or 208;

(6) A change that only consists of an increase in the hours of operation or in the 

production rate, unless such change is prohibited under any federally enforceable 

permit condition which was established after December 21, 1976 pursuant to 40 

C.F.R. § 52.21 or regulations approved pursuant to 40 C.F.R. part 51, subpart I or 

40 C.F.R.§ 51.166; or

(7) Any change in ownership at a stationary source; and

(c) This definition shall not apply with respect to a particular pollutant when the major 

stationary source is complying with the requirements under § 208 for a PAL for that 

pollutant. Instead, the definition for PAL major modification in § 299.1 shall apply.

By adding the definition of “Net emissions increase” to read as follows:

Net emissions increase – is as follows:

(a) With respect to any regulated NSR pollutant emitted by a major stationary source, the 

amount by which the sum of subparagraphs (1) and (2) below exceeds zero (0):
(1) The emissions increase from the project, determined according to the following:

(A) The emissions increase from the project is determined by summing the 

potential to emit from each new emissions unit and the difference between 

the potential to emit for each existing unit affected by the project after the 

change and the actual emissions prior to the change; and

(B) An emissions unit is considered affected by the project if an emissions 

increase from the unit would occur as a result of the project, regardless of 

whether a physical change or change in the method of operation will occur 

at the particular emissions unit; and

(2) Any other increases and decreases in emissions at the major stationary source that 

are contemporaneous with the particular change and are otherwise creditable; 

(b) An increase or decrease in emissions is contemporaneous with the increase from the 

project only if it occurs during the period of five (5) consecutive calendar years before 

and including the date of submittal of the application and continuing until operation 

commences; 

(c) An increase or decrease in emissions is creditable only if the Department or other 

reviewing authority has not relied on it in issuing a permit for the source under this 

section, which permit is in effect when the increase in emissions from the particular 

change occurs;

(d) An increase in emissions is creditable to the extent that the new level of allowable 

emissions exceeds the old level of actual emissions for the contemporaneous change;

(e) An increase that results from a physical change at a source occurs when the emissions 

unit on which construction occurred becomes operational and begins to emit a particular 

pollutant. Any replacement unit that requires shakedown becomes operational only after 

a reasonable shakedown period, not to exceed one hundred eighty (180) days; 

(f) A decrease in emissions is credible, to the extent that:

(1) The old level of actual emissions exceeds the new level of allowable emissions;

(2) The new level of allowable emissions is enforceable as a practical matter at and 

after the time that actual construction on the particular change begins;

(3) The Department has not relied on it in issuing any permit under regulations 

approved pursuant to 40 C.F.R. part 51, subpart I or the State has not relied on it 

in demonstrating attainment or reasonable further progress; and
(4) The decrease in emissions has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase from the particular 

change; and

(g) Actual emissions for calculating increases and decreases under this paragraph shall be

determined as defined in § 199.1 of this title.

By adding the definition for “Plantwide applicability limit (PAL)” to read as follows:

Plantwide applicability limit (PAL) – an emission limitation, expressed in tons per year, for a 

pollutant at a major stationary source that is federally enforceable and enforceable as a practical 

matter established source-wide in accordance with § 208.

By adding the definition for “PAL baseline emissions” to read as follows:

PAL baseline emissions – the rate of emissions, in tons per year, of a single regulated NSR 

pollutant: 

(a) For any emissions unit that was an existing emissions unit during the PAL baseline 

period, PAL baseline emissions means the average rate, in tons per year, at which the unit 

actually emitted the pollutant during the PAL baseline period;

(1) The average rate shall include fugitive emissions to the extent quantifiable and 

any authorized emissions associated with startup and shutdown; 

(2) The average rate shall not include excess emissions or emissions associated with 

upsets or malfunctions;

(3) The average rate shall be adjusted downward to exclude any non-compliant 

emissions that occurred while the source was operating above any emission 

limitation that was legally enforceable during the PAL baseline period;

(4) The average rate shall be adjusted downward to exclude any emissions that would 

have exceeded an emission limitation with which the major stationary source 

must currently comply, had such major stationary source been required to comply 

with such limitations during the PAL baseline period; and

(5) The average rate shall not be based in any period for which there is inadequate 

information either for determining emissions, in tons per year, or for adjustments 

required by subparagraphs (1) through (4) above; and

(b) For any existing emissions unit that was not an existing emissions unit during the PAL 

baseline period but commenced operation during or after the selected PAL baseline 

period, the PAL baseline emissions shall equal the allowable emissions or the potential to 

emit, whichever is lower;
(c) For a new emissions unit, PAL baseline emissions shall equal zero (0); and

(d) PAL baseline emissions shall be determined by measurement, calculations, estimations, 

or recordkeeping in the order of the following preferences:

(1) Continuous Emission Monitoring System (CEMS) data integrated to annual 

emissions using flow meters and conversion factors;

(2) Predictive Emissions Monitoring System (PEMS); 

(3) Other Measurements and Calculations:

(A) Stack emissions:

(i) Determine hourly emissions by stack emission testing;

(ii) Determine annual operating hours using hour meter records; and 

(iii) Calculate annual emissions using hourly emissions and annual 

operating hours; or

(iv) Determine emissions per heat input by stack emission testing;

(v) Determine amount of fuel combusted in a year using fuel flow 

meter record and calculate annual heat input; and 

(vi) Calculate annual emissions using emissions per heat input and 

annual heat input;

(B) Mass balance: 

(i) Determine the amount of materials used through measurements in 

the process;

(ii) Calculate emissions per mass of material used using mass balance 

techniques;

(iii) Determine amount of material used in a year; and 

(iv) Calculate annual emissions using emissions per mass of material 

and amount of material used in a year;

(C) Emission Factors: 

(i) Using generally recognized and accepted emission factors such as 

AP-42, determine hourly emissions;
(ii) Determine annual operating hours using hour meter records; and

(iii) Calculate annual emissions using hourly emissions and annual 

operating hours; or

(iv) Using generally recognized and accepted emission factors such as 

AP-42, determine emissions per heat input unit;

(v) Determine amount of fuel combusted in a year using fuel flow 

meter record and calculate annual heat input; and 

(vi) Calculate annual emissions using emissions per heat input and 

annual heat input; or

(4) Instances where measurements of operating hours or fuel combusted (hour meter 

or fuel flow meter) are not available, annual emissions can be calculated using 

available records (such as production records, fuel consumption records, fuel 

purchase receipts, laboratory reports on fuel analysis, and third party records such 

as electric bills);

(A) Determine hourly emissions using stack emission tests, mass balance or 

emission factors;

(B) Determine annual hours of operation using production records; and

(C) Calculate annual emissions using hourly emissions and annual hours of 

operation; or

(D) Determine emissions per heat input unit using stack emission tests, mass 

balance or emission factors;

(E) Determine amount of fuel combusted in a year records and calculate 

annual heat input; and

(F) Calculate annual emissions using emissions per heat input and annual heat 

input.

By adding the definition for “PAL baseline period” to read as follows:

PAL baseline period – the two (2) consecutive calendar years immediately prior to the year the 

application for a PAL is submitted. The Department may allow the use of a different 

consecutive twenty-four (24) month period within the last five (5) years upon a determination 

that the operations during that period would be more representative of normal source operations.

By adding the definition for “PAL effective date” to read as follows:
PAL effective date – generally means the date of issuance of the PAL permit. However, the 

PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL 

major modification becomes operational and begins to emit the PAL pollutant. The PAL limit 

that was in effect prior to the change shall remain in effect until the new PAL is effective.

By adding the definition for “PAL major modification” to read as follows:

PAL major modification – notwithstanding the definitions for major modification and net 

emissions increase in § 199.1, any physical change in or change in the method of operation of the 

PAL source that causes it to emit the PAL pollutant at a level greater than the PAL.

By adding the definition for “PAL pollutant” to read as follows:

PAL pollutant – the pollutant for which a PAL is established at a major stationary source.

By adding the definition for “Predictive emissions monitoring system (PEMS)” as follows:

Predictive emissions monitoring system (PEMS) – all of the equipment necessary to monitor 

process and control device operational parameters (for example, control device secondary

voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2

concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a 

continuous basis.

By adding a definition for “Regulated NSR (new source review) pollutant” as follows:

Regulated NSR (new source review) pollutant – is the following:

(a) Nitrogen oxides or any volatile organic compounds;

(b) Any pollutant for which a national ambient air quality standard has been promulgated; 

(c) Any pollutant that is a constituent or precursor of a general pollutant listed under 

paragraphs (a) or (b) above, provided that a constituent or precursor pollutant may only 

be regulated under NSR as part of regulation of the general pollutant;

(d) Precursors identified by the Administrator for purposes of NSR are the following:

(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all 

ozone nonattainment areas;

(2) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas;

(3) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment 

areas, unless the Department demonstrates to the Administrator’s satisfaction or 

EPA demonstrates that emissions of nitrogen oxides from sources in a specific 
area are not a significant contributor to that area’s ambient PM2.5 concentrations;

and

(4) Volatile organic compounds and ammonia are presumed not to be precursors to 

PM2.5 in any PM2.5 nonattainment area, unless the Department demonstrates to the 

Administrator’s satisfaction or EPA demonstrates that emissions of volatile 

organic compounds or ammonia from sources in a specific area are a significant 

contributor to that area’s ambient PM2.5 concentrations; and

(e) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or 

activity which condense to form particulate matter at ambient temperatures, determined 

in accordance with the following:

(1) Such condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM2.5 and PM10 in 

nonattainment major NSR permits; and

(2) Compliance with emissions limitations for PM2.5 and PM10 shall not be based on 

condensable particulate matter unless required by the terms and conditions of the 

permit or the applicable implementation plan. Applicability determinations made

prior to this date without accounting for condensable particulate matter shall not 

be considered in violation of this section unless the applicable implementation

plan required condensable particulate matter to be included.

By adding the definition for “Significant” as follows:

Significant – in reference to a significant emissions increase, a significant net emissions 

increase, or the potential of a stationary source or emissions unit to emit a significant amount of a 

regulated NSR pollutant, a rate of emissions that would equal or exceed any of the following: 

(a) Carbon monoxide: one hundred tons per year (100 Tpy);

(b) Ozone - Nitrogen oxides or VOCs: twenty-five (25) Tpy;

(c) Sulfur dioxide: forty (40) Tpy;

(d) Lead: six-tenths (0.6) Tpy;

(e) PM10: fifteen (15) Tpy;

(f) PM2.5: ten (10) Tpy;

(g) For the purposes of applying the requirements of this section, where applicable, to a 

major stationary source of a PM10 precursor located in a PM10 nonattainment area, the 

significant emission rate for a PM10 precursor is forty (40) Tpy or more of that precursor;
(h) For the purposes of applying the requirements of this section, the significant emission 

rate for a PM2.5 precursor is forty (40) Tpy of sulfur dioxide emissions and forty (40) Tpy

of nitrogen oxide emissions;

(i) Notwithstanding the significant emissions rate for carbon monoxide stated above, 

significant for carbon monoxide in a serious nonattainment area is fifty (50) Tpy, 

provided the Department has determined that the applicable stationary source contributes 

significantly to carbon monoxide levels in that area;

(j) Notwithstanding the significant emissions rates for ozone stated above, significant for 

volatile organic compounds in an extreme nonattainment area for ozone is any amount 

above zero; and

(k) Notwithstanding the above paragraphs, any emissions rate or any net emissions increase 

associated with a major stationary source or major modification, which would construct 

within six and twenty-one hundredths miles (6.21 m.), or ten kilometers (10 km), of any 

Class I area, and have an impact on the area equal to or greater than one microgram per 

cubic meter (1 μg/m3) over a twenty-four hour (24 hr) average.

By adding the definition for “Significant emissions increase” to read as follows:

Significant emissions increase – for a regulated NSR pollutant, an increase in emissions that is 

significant (as defined in this section) for that pollutant.

By adding the definition for “Significant emissions unit” to read as follows:

Significant emissions unit – an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level (as defined under 

“significant” in this subsection or in the Clean Air Act, whichever is lower) for that PAL 

pollutant.

By adding the definition for “Small emissions unit” to read as follows:

Small emissions unit – an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level (as defined under “significant” in this 

subsection or in the Clean Air Act, whichever is lower) for that PAL pollutant.

By adding the definition for “Source category permit” to read as follows:

Source category permit – a preconstruction or operating permit issued by the Department that 

may be applied to a number of similar emissions units or sources. A source category permit may 

be written to address a single emissions unit, a group of the same type of emissions units, or an 

entire minor source.

DISTRICT DEPARTMENT OF THE ENVIRONMENT

NOTICE OF FINAL RULEMAKING

New Source Review Program

The Director of the District Department of the Environment, pursuant to the authority set forth in 

sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, 

effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-

101.06(b)(2008 Repl.)); section 107(4) of the District Department of the Environment 

Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §

8-151.07(4)(2008 Repl.)); Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-

61, dated June 14, 2006, hereby gives notice of adoption of the following amendments to 

Chapters 1 and 2 of title 20 (Environment) of the District of Columbia Municipal Regulations 

(DCMR). As required by section 6(b) of the District of Columbia Air Pollution Control Act, 

prior to the issuance of a Notice of Final Rulemaking, this rulemaking was submitted to the 

Council of the District of Columbia (Council) for a review period of up to forty-five (45) days. 

The Notice of Final Rulemaking was deemed approved by the Council on November 1, 2012.

The New Source Review (NSR) program is a permit program created to help achieve and 

maintain compliance with the National Ambient Air Quality Standards (NAAQS) set by the 

United States Environmental Protection Agency (EPA). The EPA has set NAAQS for six (6)

“criteria” pollutants: ozone (O3), particulate matter (PM), carbon monoxide (CO), nitrogen 

oxides (NOx), sulfur dioxide (SO2), and lead (Pb). NSR applies to new and modified major 

emission sources that have the ability to significantly impact air quality or interfere with other 

programs created to achieve and maintain NAAQS levels. The District is currently designated

by EPA as being in “nonattainment” of the NAAQS for ozone and particulate matter. 

Nonattainment NSR requires more stringent emission standards for certain pollutants that exceed 

the NAAQS. Therefore, the District must have increased control measures for particulate matter 

and the precursor pollutants (mainly NOx and volatile organic compounds) that create ozone.

Proposed regulations were published in the D.C. Register on February 17, 2012, at 59 DCR 

001217. The comment period officially closed on March 19, 2012, with the Department having 

received comments from four (4) members of the regulated community, JBG Companies (JBG), 

the U.S. Department of Defense (DOD), the U.S. General Services Administration (GSA), and 

the D.C. Water and Sewer Authority (DC Water). The Department considered these comments 

and posted responses on its website on November 16, 2012; however the Department has elected 

not to incorporate the commenters’ suggested changes and is therefore proceeding with this final

rulemaking. The Department has made five (5) clarification amendments, which the Office of the 

Attorney General determined are non-substantive in nature and therefore do not necessitate 

reproposal. Section 200.3 is amended to replace the word “forms” with “for” and the phrase “of 

this chapter” is added after “in accordance with the requirements”. These changes reflect the 

previous wording of § 200.3, which the Department did not intend to change through the proposed 

rulemaking but was altered due to a drafting error. Section 200.5 is amended to add the language 

“construction or” after “including applications for renewal of any” and to add the language

“construction activities or” before “operations are to continue beyond the expiration date”. These
amendments are made in response to comments requesting clarification whether the permit 

renewal requirements apply to construction permits. Section 209.1(b) is amended to add the 

language “from an individual unit” after “[r]esults in an increase of the potential to emit rate 

equal to or greater than five tons per year (5 Tpy)”. This amendment is intended to clarify that 

the Department determines minor NSR applicability on a unit-by-unit basis, not through project 

aggregation. Two (2) commenters requested clarification on this issue.

The Department received several significant comments regarding the proposed rules’ departure 

from the federal nonattainment NSR rule, specifically with respect to the calculation of actual 

emissions and PAL baseline emissions, and the test for determining NSR applicability. All four 

commenters noted that the District proposed an “actual-to-potential” test for major NSR 

applicability, whereas the federal rule applies an “actual-to-projected-actual” test. The 

commenters noted that the actual-to-potential test would subject a large number of projects to 

NSR requirements even if they only resulted in a minor increase in actual emissions. The 

commenters suggested that the District follow the federal rule’s actual-to-projected actual test. 

The Department is very familiar with the federal NSR rule and has submitted numerous drafts of 

its own proposed rule to EPA for comment, and determined that the actual-to-potential test is 

more protective of air quality in the District. The District’s rule is intended to encourage 

industries to use state-of-art technologies to limit their potential to emit below the NSR threshold

when undergoing modifications, and in the event that this is not possible, to use the opportunity

when they are already making changes to install the most effective pollution control technology 

and reduce overall emissions in the District through offsets. Therefore, the District has retained

the actual-to-potential test.

Two comments were received on the definition of “actual emissions” proposed in § 199. The 

federal nonattainment NSR rule permits sources to select any consecutive twenty-four (24) 

month period within the previous ten (10) years when calculating the source’s actual emissions, 

and also to choose a different twenty-four (24) month period for each regulated pollutant. The 

District’s rule requires sources to use the “the twenty-four (24) month period which precedes the 

particular date” when calculating the actual emissions, unless it makes a determination that a 

different time period within the last five (5) is more representative of operations. Two 

commenters requested that DDOE follow the federal NSR rule by allowing sources to use the ten 

(10) year “look back” period and also to choose different periods for each regulated pollutant. 

The Department has considered these comments and decided to retain the method for calculating 

actual emissions as proposed because it is more stringent than the federal rule and therefore more 

protective of air quality in the District. The look back period proposed by the District is intended 

to capture the emissions levels that are representative of current operations at the source, rather 

than permitting the source to just pick the twenty-four (24) months when emissions where 

highest in the last ten (10) years. In addition, the requirement that sources use the same “twentyfour” month period for each pollutant is intended to prevent sources from choosing the highest 

baseline for each pollutant, and therefore will result in a more stringent limit on overall 

emissions.

Three commenters had similar concerns about the method for calculating Plantwide 

Applicability Limit (PAL) baseline emissions. These commenters requested clarification on why 

the District proposed a more stringent method for determining the PAL baseline period than the 
federal nonattainment NSR requirements, and suggested that it follow the federal rule. The 

proposed rule uses the immediately preceding two (2) calendar years for the PAL baseline 

period, unless the Department determines that a different twenty-four (24) month period within 

the previous five (5) years is more representative of normal source operations. The federal rule 

permits a source to use any consecutive twenty-four (24) month period within the previous ten 

(10) years. The District proposed a five (5) year look back period instead of a ten (10) year look

back to limit a source’s potential to find a higher baseline. The Department has determined that 

this method is more protective of air quality in the District, because a lower baseline will also 

result in a lower PAL for the source and therefore likely lower actual emissions. Therefore, the 

District retained the definition of “PAL baseline period” as proposed. The federal rule also 

permits sources to select a different PAL baseline period for each PAL pollutant, whereas the 

District’s rule provides less flexibility. One commenter requested that the District allow the 

selection of different baseline periods for different pollutants, as in the federal rule. Because the 

PAL baseline period is generally going to be the immediately preceding two (2) calendar years, 

if a source applies for different PALs at different times, the baseline period will likely be 

different for each pollutant. (An exception would be if the Department determines that a different 

twenty-four (24) month period is more representative of normal source operations.) If a source 

applies for multiple PALs at the same time, then the baseline period for each PAL would be the 

same. Restricting sources to one baseline is intended to prevent a source from selecting the 

highest baseline for each regulated pollutant, and therefore will also result in a lower PAL and be

more protective of air quality in the District. Therefore, the District has retained the proposed 

method for determined the PAL baseline period.

Three commenters sought clarification on whether the public notice and comment procedures 

proposed in § 210 would allow the Department to issue synthetic minor permits, and if so, would 

the Department confirm whether it intends to issue such permits. The Department recognizes the 

need for a synthetic minor program and agrees that the public notice and comment provisions in 

§ 210 will be sufficient to support such a program when it does create one in the future. 

However, the District will not have the resources to implement a synthetic program until it 

creates a fee schedule for 20 DCMR chapter 2 permits and amends the fees for 20 DCMR 

chapter 3 permits. The synthetic minor program will be created at the same time as these fee 

amendments through a separate rulemaking action.

Three commenters requested that the Department clarify whether a deviation report required 

under § 208.35(b) is considered prompt if it complies with the overarching semi-annual reporting 

requirement of the proposed section. Deviation reports must be submitted in accordance with the 

requirements specified in the source’s permit and 20 DCMR § 302.1(c)(3). While this will mean 

that many deviation reports are considered prompt if they are submitted with the source’s semiannual reports, some deviations may be required to be reported sooner, such as deviations 

resulting from an emergency or that pose an imminent and substantial danger to public health.

Two commenters requested that the District expand the list of exempted sources under § 200.12. 

One commenter requested that the District create an exemption for temporary, portable sources, 

such as portable generators. Another commenter requested that the District add general language 

that it will develop a list of exempted sources and physical changes, and publish this list for 

thirty (30) days of public comment in the D.C. Register. The Department recognizes that there 
may be a need to exempt additional sources from the 20 DCMR chapter 2 permitting 

requirements; however it does not intend to address additional exemptions through the current 

rulemaking. However, it is the Department’s policy that it does not consider portable generators 

to be a “stationary source” subject to the requirements of § 200 provided they do not remain in 

one location for more than twelve (12) consecutive months. This is consistent with the definition 

of “stationary source” in the federal Clean Air Act, which does not include emissions from a 

nonroad engine. 42 U.S.C. § 7603(z). The term “nonroad engine” is defined by the U.S. 

Environmental Protection Agency (“EPA”) as including “any internal combustion engine ... 

[t]hat, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to 

be and capable of being carried or moved from one location to another,” but not including an 

engine that “remains or will remain at a location for more than 12 consecutive months.” 40 

C.F.R. § 89.2. 

The Department also received comments on the proposed Minor New Source Review program 

proposed in § 209. One commenter asked the District to consider a higher applicability threshold. 

One commenter suggested that the District consider dropping the minor NSR program 

altogether. The commenter argued that the program effectively lowered the major source and 

major modification threshold to five (5) tons per year (tpy). The Department disagrees with this 

characterization of the minor NSR program. Minor NSR provides more flexibility with respect to 

the required control technologies than major NSR and does not require that emissions increases 

be offset. Also, minor NSR applicability is determined through a potential-to-potential test rather 

than an actual-to-potential test and therefore is less stringent. The intent of the minor NSR 

program is to discourage sources from installing used emissions units with outdated pollution 

control technologies, and instead require them to install new state-of-the-art equipment. The 

same commenter also requested that the Department publish a manual detailing the state-of-theart (SOTA) technology requirements for compliance with minor NSR. The Department does not 

have the resources at this time to publish such a manual, therefore compliance with the 

requirements of § 209 will be determined on a case-by-case basis for the time being. The 

Department may consider publishing a document that provides guidance on SOTA at a future 

date. 

Two commenters sought clarification on whether minor NSR applicability was determined on a 

unit-by-unit basis or whether the use of the word “project” and the reference to “collateral 

emissions increases” imply that the Department will aggregate emissions units. The Department 

clarifies that minor NSR applicability is determined on a unit-by-unit basis. The term “project” 

as defined in § 199 is only applicable to major sources and the language “that results in collateral 

emissions increases” is intended to clarify when installation or modification of a pollution 

control device would trigger minor NSR applicability. For new sources or modifications to 

existing sources, collateral emissions increases will not be considered.

SECTION 199 (DEFINITIONS AND ABBREVIATIONS), subsection 199.1, of CHAPTER 

1 (GENERAL RULES), of TITLE 20 (ENVIRONMENT) of the DCMR is amended as 

follows: 
By amending the definition of “Actual emissions” to read as follows:

Actual emissions – the actual rate of emissions of a pollutant from an emissions unit, as 

determined in accordance with paragraphs (a) through (g):

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per 

year, at which the unit actually emitted the pollutant during the twenty-four (24) month 

period which precedes the particular date and which is representative of normal source 

operation;

(b) Actual emissions shall be calculated using the unit’s actual operating hours, production 

rates, and types of materials processed, stored, or combusted during the selected time 

period;

(c) When a project involves multiple emissions units or multiple regulated NSR pollutants, 

or both, only one (1) consecutive twenty-four (24) month period within the last five (5) 

years must be used to determine the actual emissions for all pollutants and for all the 

emissions units affected by the project;

(d) The average rate shall not be based on any consecutive twenty-four (24) period for which 

there is inadequate information for determining annual emissions; 

(e) The Department may allow the use of a different time period within the last five (5) years 

upon determining that it is more representative of operations; and

(f) For any emissions unit which has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the unit on that date.

By adding a definition for “Administrator” to read as follows:

Administrator – Administrator of the United States Environmental Protection Agency or an 

authorized representative.

By amending the definition of “Allowable emissions” to read as follows:

Allowable emissions – the emission rate of a stationary source calculated using the maximum 

rated capacity of the source (unless the source is subject to enforceable limits which restrict the 

operating rate, hours of operation, or both) and the most stringent of the following:

(a) The applicable standards as set forth in 40 C.F.R. parts 60, 61, and 63;

(b) Any applicable State Implementation Plan emissions limitation, including those with a 

future compliance date; or
(c) The emissions rate specified under any requirement or permit condition that is 

enforceable as a practical matter, including those with a future compliance date.

By adding a definition for “Best available control technology” to read as follows:

Best available control technology (BACT) – an emissions limitation (including a visible 

emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant 

which would be emitted from any proposed major stationary source or major modification which 

the Department, on a case-by-case basis, taking into account energy, environmental, and 

economic impacts and other costs, determines is achievable for such source or modification 

through application of production processes or available methods, systems, and techniques, 

including fuel cleaning or treatment or innovative fuel combustion techniques for control of such 

pollutant. In no event shall application of best available control technology result in emissions of 

any pollutant that would exceed the emissions allowed by any applicable standard under 40 

C.F.R. parts 60, 61, or 63. If the Department determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions unit would 

make the imposition of an emissions standard infeasible, a design, equipment, work practice, 

operational standard, or combination thereof, may be prescribed instead to satisfy the 

requirement for the application of BACT. Such standard shall, to the degree possible, set forth 

the emissions reduction achievable by implementation of such design, equipment, work practice 

or operation, and shall provide for compliance by means that achieve equivalent results.

By amending the definition for “Building, structure, facility, or installation” to read as 

follows: 

Building, structure, facility, or installation – all of the pollutant emitting activities which belong 

to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, 

and are under the control of the same person (or persons under common control), except the 

activities of any vessel. Pollutant-emitting activities shall be considered as part of the same 

industrial grouping if they belong to the same “Major Group” (for example, which have the same 

first two (2) digit code) as described in the Standard Industrial Classification Manual, 1972, as 

amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 

and 003-005-00176-0, respectively). 

By adding a definition for “Clean Air Act” to read as follows:

Clean Air Act – federal Clean Air Act, enacted August 7, 1977 (Public Law 95-95; 42 U.S.C. 

7401 et seq.).

By adding a definition for “Construction” to read as follows:

Construction – any physical change or change in the method of operation including fabrication, 

erection, installation, demolition, or modification of an emissions unit that would result in a 

change in emissions.

By adding a definition for “Continuous emissions monitoring system” to read as follows: 
Continuous emissions monitoring system (CEMS) – all of the equipment that may be required 

to meet data acquisition and availability requirements to sample, condition (if applicable), 

analyze, and provide a record of emissions on a continuous basis.

By adding a definition for “Continuous emissions rate monitoring system” to read as 

follows:

Continuous emissions rate monitoring system (CERMS) – the total equipment required for 

the determination and recording of the pollutant mass emissions rate of mass per unit of time. 

By adding a definition for “Continuous parameter monitoring system” to read as follows:

Continuous parameter monitoring system (CPMS) – all of the equipment necessary to meet 

the data acquisition and availability requirements of this section, to monitor process and control 

device operational parameters (for example, control device secondary voltages and electric 

currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to 

record average operational parameter value(s) on a continuous basis. 

By adding a definition for “Department” to read as follows:

Department – The District Department of the Environment (DDOE).

By deleting the definition of “Federal Clean Air Act.”

By amending the definition of “Federally enforceable” to read as follows:

Federally enforceable – all limitations and conditions which are enforceable by the 

Administrator, including those requirements developed pursuant to 40 CFR parts 60, 61, and 63

requirements within any applicable state implementation plan, any permit requirements 

established pursuant to 40 C.F.R. § 52.21 or under regulations approved pursuant to 40 CFR part 

51, subpart I, including operating permits issued under an EPA-approved program that is 

incorporated into the state implementation plan and expressly requires adherence to any permit 

issued under such program, or any permit requirements not designated as “state only” in a federal 

operating permit, a permit issued pursuant to chapter 3 of this title, or a permit issued pursuant to 

40 C.F.R. parts 70 and 71.

By adding a definition for “Lowest achievable emission rate” to read as follows:

Lowest achievable emission rate (LAER) – for any source, the more stringent rate of emissions 

based on the following:

(a) The most stringent emissions limitation which is contained in the implementation plan of 

any State for such class or category of stationary source, unless the owner or operator of 

the proposed stationary source demonstrates that such limitations are not achievable; or
(b) The most stringent emissions limitation which is achieved in practice by such class or 

category of stationary sources. This limitation, when applied to a modification, means 

the lowest achievable emissions rate for the new or modified emissions units within or 

stationary source. In no event shall the application of the term permit a proposed new or 

modified stationary source to emit any pollutant in excess of the amount allowable under 

an applicable new source standard of performance.

By deleting the definition of “Major Modification.”

By amending the definition of “Major stationary source” to read as follows:

Major stationary source – any stationary source of air pollutants which emits, or has the 

potential to emit, one hundred tons per year (100 Tpy) or more of any pollutant regulated under 

the Clean Air Act, except that lower emissions thresholds shall apply as follows:

(a) Seventy (70) Tpy or more of PM10 or, where applicable, seventy (70) Tpy of a specific 

PM10 precursor, in any nonattainment area for PM10;

(b) Fifty (50) Tpy or more of carbon monoxide in any serious nonattainment area for carbon 

monoxide, where stationary sources contribute significantly to carbon monoxide levels in 

the area (as determined under rules issued by the EPA Administrator); 

(c) Twenty-five (25) Tpy or more of nitrogen oxides or volatile organic compounds in any 

nonattainment area for ozone, except where paragraph (d) below is applicable;

(d) Ten (10) Tpy or more of nitrogen oxides or volatile organic compounds in any extreme 

nonattainment area for ozone;

(e) Any physical change that would occur at a stationary source not qualifying under 

paragraphs (a) - (d) above, is a major stationary source if the change would constitute a 

major stationary source by itself;

(f) A major stationary source that is major for volatile organic compounds or oxides of 

nitrogen shall be considered major for ozone; and

(h) The fugitive emissions of a stationary source shall not be included in determining major 

stationary source status, unless the source belongs to one (1) of the following categories 

of stationary sources:

(1) Coal cleaning plants (with thermal dryers);

(2) Kraft pulp mills;

(3) Portland cement plants;

(4) Primary zinc smelters; 
(5) Iron and steel mills;

(6) Primary aluminum ore reduction plants;

(7) Primary copper smelters;

(8) Municipal incinerators capable of charging more than two hundred fifty tons (250

T) of refuse per day;

(9) Hydrofluoric, sulfuric, or nitric acid plants;

(10) Petroleum refineries;

(11) Lime plants;

(12) Phosphate rock processing plants;

(13) Coke oven batteries;

(14) Sulfur recovery plants;

(15) Carbon black plants (furnace process);

(16) Primary lead smelters;

(17) Fuel conversion plants;

(18) Sintering plants;

(19) Secondary metal production plants;

(20) Chemical process plants;

(21) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty 

million British thermal units (250,000,000 Btus) per hour heat input;

(22) Petroleum storage and transfer units with a total storage capacity exceeding three 

hundred thousand (300,000) barrels;

(23) Taconite ore processing plants;

(24) Glass fiber processing plants;

(25) Charcoal production plants;
(26) Fossil fuel-fired steam electric plants of more than two hundred fifty million 

British thermal units (250,000,000 Btus) per hour heat input; and

(27) Any other stationary source category which, as of August 7, 1980, is being 

regulated under §§ 111 or 112 of the Clean Air Act.

By amending the definition of “modification” to read as follows:

Modification – other than as used in § 205 of this title, any physical change in, or change in the 

method of operation of, a stationary source which increases or decreases the amount of any air 

pollutant emitted by the source, or which results in the emission of any air pollutant not previously 

emitted, except that the term shall not include the following:

(a) Routine maintenance, repair, or replacement;

(b) An increase in the hours of operation or in the production rate, unless the change would be 

prohibited under any federally enforceable permit condition established pursuant to § 204; 

(c) Use of an alternative fuel or raw material if, prior to March 15, 1985, the affected facility 

was designed to accommodate the alternative use; and

(d) Decommissioning or removal. 

By deleting the definition of “Net Emissions Increase.”

By adding a definition for “Particulate Matter 2.5 (PM2.5)” to read as follows:

Particulate Matter 2.5 (PM2.5) – finely divided solid or liquid material, including condensable

particulate, other than uncombined water, with an aerodynamic diameter less than or equal to a 

nominal two and a half micrometers (2.5 μm), emitted to the ambient air. When used in the 

context of ambient concentration, means particles with an aerodynamic diameter less than or 

equal to a nominal two and a half micrometers (2.5 μm) as measured by a reference method 

based on 40 C.F.R. part 50, appendix L, or an equivalent method designated in accordance with 

40 C.F.R. part 53.

By adding a definition for “Particulate Matter 10 (PM10)” to read as follows:

Particulate Matter 10 (PM10) – particulate matter with an aerodynamic diameter less than or 

equal to a nominal ten micrometers (10 μm).

By amending the definition of “Potential to emit” to read as follows:

Potential to emit – the maximum capacity of a stationary source to emit a pollutant under its 

physical and operational design. Any physical or operational limitation on the capacity of the 

source to emit a pollutant, including air pollution control equipment and restrictions on hours of 

operation or on the type or amount of material combusted, stored, or processed, shall be treated 
as part of its design only if the limitation or the effect it would have on emissions is enforceable 

as a practical matter. Secondary emissions do not count in determining the potential to emit of a 

stationary source.

By adding a definition for “Project” as follows:

Project – a physical change in, or change in the method of operation of, an existing major 

stationary source.

SECTION 199 (DEFINITIONS), subsection 199.2, of CHAPTER 1 (GENERAL RULES), 

of TITLE 20 (ENVIRONMENT) of the DCMR is amended to add the following acronyms: 

Best Available Control Technology BACT

Lowest Achievable Emissions Rate LAER

New Source Review NSR

Particulate Matter 2.5 PM2.5

SECTION 199 (DEFINITIONS), subsection 199.2, of CHAPTER 1 (GENERAL RULES), of 

TITLE 20 (ENVIRONMENT) of the DCMR is amended as follows:

The second definition for the acronym, “PM,” which is currently defined as:

particulate matter with an aerodynamic diameter

is amended to read “PM10” as follows:

Particulate Matter 10

SECTION 200 (GENERAL PERMIT REQUIREMENTS), of CHAPTER 2 (GENERAL 

AND NON-ATTAINMENT AREA PERMITS), of TITLE 20 (ENVIRONMENT) of the 

DCMR is amended to read as follows:

200 GENERAL PERMIT REQUIREMENTS

200.1 A permit from the Department shall be obtained before any person shall cause, 

suffer, or allow the construction of a new stationary source, or the modification of 

an existing stationary source, or the installation or modification of any air 

pollution control device on a stationary source.

200.2 An operating permit shall be obtained from the Department before any person 

shall cause, suffer, or allow the operation of the following:

(a) Any major stationary source, for which a construction or modification 

permit is required under § 200.1; or
(b) Any source for which a construction or modification permit is required 

under § 200.1, and which construction or modification permit was subject 

to conditions which affect, or would affect, the operation of the source.

200.3 The Department may allow the temporary operation of a source for a period no 

longer than one (1) month. This period may be extended month to month, to 

enable the initial evaluation of the operation of a source or device granted a 

permit under § 200.1, or to enable the continued operation of a source for which 

an application for an operating permit under § 200.2 has been filed, but due to 

delays attributable to the Department the permit has not been issued. Any 

temporary operation of a source shall be in accordance with the requirements of 

this chapter.

200.4 Construction and operating permits, shall be valid for the period specified in the 

permit, but not to exceed five (5) years.

200.5 Each owner or operator of a stationary source or device for which a permit is 

required shall timely file with the Department the appropriate application, 

including applications for renewal of any construction or operating permit, if 

construction activities or operations are to continue beyond the expiration date of 

an existing permit.

200.6 The Department may, after its review, review by EPA and affected states (as 

defined in 20 DCMR § 399), and after notice and opportunity for public comment 

and hearing as required by § 210, establish a source category permit covering a 

group of similar sources or emission units according to (a) through (h) of this 

subsection:

(a) Any source category permit shall comply with all requirements applicable 

to the source pursuant to the air quality regulations this title;

(b) During establishment of any source category permit, the Department shall 

establish criteria by which sources may qualify for the source category 

permit;

(c) The Department shall maintain records of the public comments and issues 

raised during the public participation process;

(d) A source category permit does not substitute for a permit required under 

chapter 3 of this title;

(e) A response to each source category permit application may not be 

provided, rather the source category permit may specify a reasonable 

period of time after which an application is deemed approved and the 

applicant may construct and operate under the source category permit;
(f) The applicant for a source category permit may be issued an individual 

permit or letter or other document indicating that the application has been 

approved or denied;

(g) If the Department provides an individual response, as provided in 

paragraph (f), the permittee shall retain the response and make it available 

on request to authorized officials of the Department; and

(h) Any established source category permit is subject to the expiration and 

renewal conditions found in § 200.4 and 200.5 and may be revised by 

following the same process as is used for original establishment of the 

permit.

200.7 Applications for permits shall be filed with the Department on the form or forms 

that the Department shall prescribe and shall be accompanied by the data, 

information, and analyses necessary or desirable to enable the Department to 

determine whether the requested permit should be issued or denied.

200.8 The Department may require, at any time, the submission of the data, information, 

and analyses that the Department may deem necessary or desirable, to allow the 

Department to determine whether a requested permit should be issued or denied, 

or an outstanding permit should be modified or revoked.

200.9 Applications for construction and operating permits may incorporate by reference 

data, information, and analyses otherwise available or provided to the 

Department, provided that the reference is clear and specific.

200.10 Each permit application shall be accompanied by a fee to be determined by the 

Department.

200.11 An application for a permit shall be signed in the following manner:

(a) If the applicant is a partnership, a general partner shall sign the 

application;

(b) If the applicant is a corporation, association, or cooperative, an officer 

shall sign the application;

(c) If the applicant is a sole proprietorship, the proprietor shall sign the 

application; and

(d) If the applicant is a government or governmental agency, department, or 

board, a senior executive of that government, agency, department, or board 

who has authority to sign shall sign the application.
200.12 No permit shall be required for any fuel burning equipment which has a capacity 

of five million British thermal units (5,000,000 Btus) or less per hour of heat input 

and which uses for fuel only gaseous fuels or distillate oils. This section shall not 

apply to sources subject to § 204.

200.13 The Department shall establish a schedule of fees for construction and operating 

permits. These fees shall be sufficient to cover the reasonable costs of reviewing 

and acting upon the application and the reasonable costs of implementing and 

enforcing the terms and conditions of the permit.

SECTION 204 (PERMIT REQUIREMENTS FOR SOURCES AFFECTING NONATTAINMENT AREAS) of CHAPTER 2 (GENERAL AND NON-ATTAINMENT AREA 

PERMITS) of the DCMR is repealed and replaced with:

204 PERMIT REQUIREMENTS FOR MAJOR SOURCES LOCATED IN

NON-ATTAINMENT AREAS (NEW SOURCE REVIEW)

204.1 This section shall apply to the construction of any new major stationary source or 

any major modification at an existing major stationary source in an area 

designated as nonattainment under § 107(d)(1)(A)(i) of the Clean Air Act.

204.2 Permit applications submitted pursuant to this section shall include a control 

technology evaluation to demonstrate that any new major stationary source or 

major modification will meet the lowest achievable emission rate (LAER) for all 

new or modified emissions units, unless otherwise provided in this section.

204.3 Any permit application submitted pursuant to this section shall provide for 

creditable emission reduction offsets pursuant to this section. The application 

shall provide documentation adequate for the Department to assess the validity of 

the proposed offsets.

204.4 Any new major stationary source or major modification to be constructed in an 

area designated as nonattainment shall comply with LAER as determined by the 

Department and set forth in a preconstruction permit issued pursuant to this 

section. 

204.5 Any new major stationary source or major modification to be constructed in a 

nonattainment area shall not begin actual construction without a permit issued by 

the Department that incorporates the applicable control technology and offset 

requirements as specified in § 204.18 and 204.19.

204.6 Before applying for a permit to construct, the owner or operator shall determine 

applicability pursuant to the provisions below and submit this determination with 

the permit application:
(a) A project is a major modification for a regulated NSR pollutant as defined 

in § 299; 

(b) Determine whether the emissions increases from the project are significant 

as defined in § 299 by summing the potential to emit from each new 

emissions unit and the difference between the potential to emit for each 

existing unit affected by the project after the change and the actual 

emissions prior to the change;

(c) Determine whether the project results in a significant net emissions 

increase as defined in § 299;

(d) An emissions unit is considered affected by the project if an emissions 

increase from the unit would occur as a result of the project, regardless of 

whether a physical change or change in the method of operation will occur 

at the particular emissions unit; and

(e) Subsection 204.17 pertains to projects that result in a significant increase 

in a regulated NSR pollutant, but do not result in a significant net 

emissions increase.

204.7 Any major stationary source subject to a Plantwide Applicability Limit (PAL) for 

a regulated NSR pollutant shall comply with the requirements set forth in § 208.

204.8 For sources and modifications subject to any preconstruction review program, the 

baseline for determining credit for emissions reductions is the emissions limit 

under the State Implementation Plan in effect at the time the application to 

construct is filed, except that the offset baseline shall be the actual emissions of 

the source from which offset credit is obtained where:

(a) The demonstration of reasonable further progress and attainment of 

ambient air quality standards is based upon the actual emissions of sources 

located within the designated nonattainment area; or 

(b) The State Implementation Plan does not contain an emissions limitation 

for that source or source category.

204.9 In determining offset credits, the following provisions shall also apply: 

(a) Where the emissions limit under the State Implementation Plan provides 

for greater emissions than the potential to emit of the source, offset credits 

will be granted only for control below the potential to emit; 

(b) For an existing fuel combustion source, credit shall be based on the 

allowable emissions under the applicable State Implementation Plan for 
the type of fuel being burned at the time the application to construct is 

filed:

(1) If the existing source commits to switch to a cleaner fuel at some 

future date, emissions offset credit based on the allowable (or 

actual) emissions for the fuels involved is not acceptable, unless 

the permit is conditioned to require the use of a specified 

alternative control measure which would achieve the same degree 

of emissions reduction should the source switch back to a dirtier 

fuel at some later date; and 

(2) The Department should ensure that adequate long-term supplies of 

the new fuel are available before granting emissions offset credit 

for fuel switches; and

(c) Emissions reductions achieved by shutting down an existing source or 

curtailing production or operating hours below baseline levels may be 

generally credited if such reductions are surplus, permanent, quantifiable, 

and federally enforceable:

(1) The shutdown or curtailment is creditable only if it occurred on or 

after the date of the most recent emissions inventory used in the 

plan's demonstration of attainment, unless an earlier cutoff date has 

been specified in the plan; 

(2) In no event may credit be given for shutdowns that occurred prior 

to August 7, 1977; and

(3) For purposes of this subsection, the Department may choose to 

consider a prior shutdown or curtailment to have occurred after the 

date of its most recent emissions inventory, if the inventory 

explicitly includes as current existing emissions the emissions from 

such previously shutdown or curtailed sources.

204.10 No emissions credit may be allowed for replacing one (1) hydrocarbon compound 

with another of lesser reactivity, except for those compounds listed in Table 1 of 

EPA's "Recommended Policy on Control of Volatile Organic Compounds,'' 42 

Fed. Reg. 35314 (July 8, 1977).

204.11 All emission reductions claimed for offset credit shall be federally enforceable.

204.12 Procedures relating to the permissible location of offsetting emissions shall be 

followed which are at least as stringent as those set out in 40 C.F.R. part 51, 

appendix S, § IV.D. 
204.13 Credit for an emissions reduction can be claimed to the extent that the Department 

has not relied on it in issuing any permit under regulations approved pursuant to 

40 C.F.R. part 51, subpart I, or the District has not relied on it in demonstrating 

attainment or reasonable further progress.

204.14 The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset in accordance with § 173 of the Clean Air Act 

shall be determined by summing the difference between the allowable emissions 

after the modification and the actual emissions before the modification for each 

emissions unit.

204.15 The provisions of § 204 do not apply to a source or modification that would be a 

major stationary source or major modification only if fugitive emissions to the 

extent quantifiable are considered in calculating the potential to emit of the 

stationary source or modification and the source does not belong to any of the 

categories listed under the definition of major stationary source in § 199.1. 

204.16 The following provisions apply to any owner or operator subject to the air quality 

regulations of this title:

(a) Approval to construct shall not relieve any owner or operator of the 

responsibility to comply fully with applicable provisions of the State 

Implementation Plan and any other requirements under local, state or 

federal law; and 

(b) At such time that a particular source or modification becomes a major 

stationary source or major modification solely by virtue of a relaxation in 

any enforceable limitation which was established after August 7, 1980, on 

the capacity of the source or modification otherwise to emit a pollutant, 

such as a restriction on hours of operation, then the requirements of this 

section shall apply to the source or modification as though construction 

had not yet commenced on the source or modification.

204.17 For any project that would result in a significant emissions increase, but is not 

considered a major modification:

(a) Before submitting a permit application for such a project, the owner or 

operator shall document and maintain a record of the following 

information:

(1) A description of the project;

(2) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and
(3) The applicability analysis used to determine the project is not a 

major modification for any regulated NSR pollutant, including the 

actual emissions, the potential to emit after the project, and the 

netting analysis; 

(b) The owner or operator shall provide a copy of the information set out in 

paragraph (a) to the Department with a permit application submitted 

pursuant to § 200.1; and

(c) The owner or operator of the source shall make the information required in 

paragraph (a) available for review upon the Department’s request.

204.18 The permit shall require that in meeting the emissions offset requirements for 

ozone nonattainment areas, the ratio of total actual emission reductions of VOC or 

NOX to the emissions increase of VOC or NOX shall be at least one and three 

tenths to one (1.3:1).

204.19 The permit shall require that in meeting the emissions offset requirements for all 

other nonattainment areas, the ratio of total actual emission reductions of any 

pollutant to the emissions increase of that pollutant shall be at least one to one 

(1:1).

204.20 Requirements of this chapter applicable to major stationary sources and major

modifications of PM10 shall also apply to major stationary sources and major

modifications of PM10 precursors, except where the Administrator determines that 

such sources do not contribute significantly to PM10 levels that exceed the PM10

ambient standards in the area.

204.21 In meeting the emissions offset requirements of § 204.8 through 204.14, the 

emissions offsets obtained shall be for the same regulated NSR pollutant, except 

as provided in § 204.22.

204.22 The Department may allow the offset requirements in § 204.8 through 204.14 for 

direct PM2.5 emissions or precursors of PM2.5 to be satisfied by offsetting 

reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor, using a 

ratio approved by the Department following public notice and comment and 

approval by EPA.

SECTION 206 (NOTICE AND COMMENT PRIOR TO PERMIT ISSUANCE) of 

CHAPTER 2 (GENERAL AND NON-ATTAINMENT AREA PERMITS) of TITLE 20 

(ENVIRONMENT) of the DCMR is repealed and replaced with:

206 [RESERVED]
CHAPTER 2 (GENERAL AND NON-ATTAINMENT AREA PERMITS) of TITLE 20 

(ENVIRONMENT) of the DCMR is amended by adding a new section 208 to read as 

follows:

208 PLANTWIDE APPLICABILITY LIMIT (PAL) PERMITS FOR MAJOR 

SOURCES

208.1 The Department may approve the use of a Plantwide Applicability Limit (PAL) 

for any existing major stationary source if the PAL meets the requirements in this 

section. 

208.2 The Department shall not approve the use of a PAL for VOC or NOx for any 

major stationary source in an extreme ozone nonattainment area.

208.3 Any physical change in or change in the method of operation of a major stationary 

source that maintains its total source-wide emissions below the PAL level, meets 

the requirements of this section, and complies with the PAL permit is not a major 

modification for the PAL pollutant and does not have to be approved through the 

nonattainment New Source Review program in § 204.

208.4 Any major stationary source operating under a PAL permit shall continue to 

comply with all applicable federal, state or local requirements, emission 

limitations, and work practice requirements that were established prior to the 

effective date of the PAL permit, excluding any enforceable emissions limitations 

that the source used to avoid applicability with the requirements of the District’s 

NSR program under § 204 and 206, except as modified through normal permit 

modification processes under chapter 2 or chapter 3 of this title. 

208.5 As part of a permit application requesting a PAL, the owner or operator of a major 

stationary source shall submit the following information to the Department for 

approval: 

(a) A list of all emissions units at the source designated as small, significant, 

or major based on their potential to emit. In addition, the owner or 

operator of the source shall indicate which, if any, federal or state 

applicable requirements, emission limitations, or work practices apply to 

each unit;

(b) Calculations of the PAL baseline emissions, with supporting 

documentation, for all emissions units at the source;

(c) The calculation procedures that the major stationary source owner or 

operator proposes to use to convert the monitoring system data to monthly 

emissions and annual emissions based on a twelve (12) month rolling total 

for each month as required by § 208.33; and

(d) Any other information requested by the Department. 
208.6 The Department may establish a PAL at a major stationary source, provided that 

at a minimum, the following requirements are met:

(a) The PAL shall impose an emission limitation that is federally enforceable 

and enforceable as a practical matter, for the entire major stationary 

source, with compliance to be determined as follows:

(1) For each month during the PAL effective period after the first 

twelve (12) months of establishing a PAL, the major stationary 

source owner or operator shall show that the sum of the monthly 

emissions from each emissions unit under the PAL for the previous 

twelve (12) consecutive months is less than the PAL (a twelve (12) 

month average, rolled monthly); and

(2) For each month during the first eleven (11) months from the PAL 

effective date, the major stationary source owner or operator shall 

show that the sum of the preceding monthly emissions from the 

PAL effective date for each emissions unit under the PAL is less 

than the PAL;

(b) The PAL shall be established in a PAL permit that meets the public 

participation requirements in § 208.8;

(c) The PAL shall be set in accordance with the requirements of § 208.9; 

(d) The PAL permit shall contain all the requirements in § 208.10;

(e) Each PAL shall regulate emissions of only one (1) pollutant;

(f) Each PAL shall have a term of no more than five (5) years; and

(g) The PAL permit shall contain monitoring, recordkeeping, and reporting 

conditions consistent with § 208.24 through 208.35. 

208.7 At no time (during or after the PAL effective period) are emissions reductions of a 

PAL pollutant that occur during the PAL effective period creditable as decreases 

for purposes of offsets under 40 C.F.R. § 51.165(a)(3)(ii) unless the level of the 

PAL is reduced by the amount of such emissions reductions and such reductions 

would be creditable in the absence of the PAL.

208.8 PALs for existing major stationary sources shall be established, renewed, or 

increased through a public participation procedure that is consistent with 40 

C.F.R. §§ 51.160 and 51.161 and § 210, including the following:
(a) The Department shall provide the public with notice of the proposed 

approval of a PAL permit and at least a thirty (30) day period for submittal 

of public comment; and

(b) The Department shall address all material comments before taking final 

action on the permit.

208.9 The initial PAL level for a major stationary source shall be established as follows: 

(a) The initial PAL shall be the sum of:

(1) The significant level for the PAL pollutant as defined in § 299.1 or 

under the Clean Air Act, whichever is lower; and

(2) The PAL baseline emissions of the PAL pollutant for each 

emissions unit at the source at the time the application is 

submitted, except that PAL baseline emissions from any emissions 

unit that has been permanently shut down shall not be included in 

establishing the PAL; 

(b) The Department shall establish a future effective PAL adjustment in the 

PAL permit to reflect a reduction (in tons per year) for any applicable 

federal or state regulatory requirement with a future compliance date; and

(c) For newly constructed units (which do not include modifications to 

existing units) on which actual construction began after the twenty-four 

(24) month period, in lieu of adding the baseline actual emissions as 

specified in paragraph (a), the emissions must be added to the PAL level 

in an amount equal to the potential to emit of the units.

208.10 The PAL must contain, at a minimum, the following information:

(a) The PAL pollutant and the applicable source-wide emission limitations in 

tons per year and their effective dates;

(b) The PAL permit effective date and the expiration date of the PAL;

(c) Specification in the PAL permit that if a major stationary source owner or 

operator applies to renew a PAL in accordance with § 208.16 through 

208.18 before the end of the PAL effective period, then the PAL shall not 

expire at the end of the PAL effective period but it shall remain in effect 

until final action is taken by the Department on the application for 

renewal;

(d) A requirement that emission calculations for compliance purposes must 

include any noncompliant emissions in excess of any emissions 
limitations, emissions associated with startup and shutdown, fugitive 

emissions, to the extent quantifiable, and emissions associated with upsets 

or malfunctions;

(e) A requirement that, once the PAL expires, the major stationary source is 

subject to the requirements of § 208.15;

(f) The calculation procedures that the major stationary source owner or 

operator shall use to convert the monitoring system data to monthly 

emissions and annual emissions based on a twelve (12) month rolling total 

as required by § 208.33;

(g) A requirement that the major source owner or operator monitor all 

emissions units in accordance with the provisions under § 208.24 through 

208.32;

(h) A requirement to retain the records required under § 208.33 and 208.34 on 

site (such records may be retained in an electronic format);

(i) A requirement to submit the reports required under § 208.35 by the 

required deadlines; and

(k) Any other requirements that the Department deems necessary to 

implement and enforce the PAL.

208.11 The Department shall specify a PAL effective period of no more than five (5) 

years.

208.12 During the PAL effective period, the Department must reopen the PAL permit to: 

(a) Correct typographical or calculation errors made in setting the PAL or 

reflect a more accurate determination of emissions used to establish the 

PAL; 

(b) Reduce the PAL if the owner or operator of the major stationary source 

creates creditable emissions reductions for use as offsets;

(c) Revise the PAL to reflect an increase in the PAL as provided under §

208.23;

(d) Reduce the PAL if the Department determines that a reduction is 

necessary to avoid causing or contributing to a NAAQS or PSD increment 

violation, or to an adverse impact on an air quality related value that has 

been identified for a Federal Class I area by a Federal Land Manager and 

for which information is available to the general public; and 
(e) Reduce the PAL to reflect newly applicable requirements (for example, 

NSPS) with compliance dates after the PAL effective date.

208.13 The Department shall reopen a chapter 3 operating permit with a PAL for cause 

consistent with § 303.6 and 303.7 of this title.

208.14 Except for the permit reopening for the correction of typographical or calculation 

errors that do not increase the PAL level, all other reopenings shall be carried out 

in accordance with the public participation requirements in § 208.8.

208.15 Any PAL that is not renewed in accordance with the procedures in § 208.16 shall 

expire at the end of the PAL effective period, and the following requirements 

shall apply:

(a) Each emissions unit (or each group of emissions units) that existed under 

the PAL shall comply with an allowable emission limitation under a 

revised permit established according to the following procedures:

(1) Within the time frame specified for PAL renewals in § 208.16, the 

major stationary source shall submit a proposed allowable 

emission limitation for each emissions unit (or each group of 

emissions units, if such a distribution is more appropriate as 

decided by the Department) by distributing the PAL allowable 

emissions for the major stationary source among each of the 

emissions units that existed under the PAL;

(2) If the PAL had not yet been adjusted for an applicable requirement

that became effective during the PAL effective period, as required 

under § 208.16, such distribution shall be made as if the PAL had 

been adjusted; and

(3) The Department shall decide whether and how the PAL allowable 

emissions will be distributed and issue a revised permit 

incorporating allowable limits for each emissions unit, or each 

group of emission units, as the Department determines is 

appropriate;

(b) Each emissions unit(s) shall comply with the allowable emission 

limitation on a twelve (12) month rolling basis;

(c) The Department may approve the use of monitoring systems (source 

testing, and emission factors) other than continuous emissions monitoring 

system (CEMS), continuous emissions rate monitoring system (CERMS), 

predictive emissions monitoring system (PEMS) or continuous parameter 

monitoring system (CPMS) to demonstrate compliance with the allowable 

emission limitation;
(d) Until the Department issues the revised permit incorporating allowable 

limits for each emissions unit, or each group of emissions units, as 

required under subparagraph (a)(3) of this subsection, the source shall 

continue to comply with a source-wide, multi-unit emissions cap 

equivalent to the level of the PAL emission limitation;

(e) Any physical change or change in the method of operation at the major 

stationary source will be subject to major NSR requirements if such 

change meets the definition of major modification in § 199.1 of this title; 

and

(f) The major stationary source owner or operator shall continue to comply 

with any state or federal applicable requirements (Lowest Achievable 

Emissions Rate (LAER), Best Achievable Control Technology (BACT), 

Reasonably Available Control Technology (RACT), and New Source 

Performance Standards (NSPS)) that may have applied either during the 

PAL effective period or prior to the PAL effective period except for those 

emission limitations that were established pursuant to § 208.4, but were 

eliminated by the PAL in accordance with the provisions in § 208.3. 

208.16 The Department shall follow the procedures specified in § 208.8 in approving any 

request to renew a PAL for a major stationary source, and shall provide both the 

proposed PAL level and a written rationale for the proposed PAL level to the 

public for review and comment. During such public review, any person may 

propose a PAL level for the source for consideration by the Department.

208.17 A major stationary source owner or operator shall submit a timely application to 

the Department to request renewal of a PAL. A timely application is one that is 

submitted at least six (6) months prior to, but not earlier than eighteen (18) 

months from, the date of permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. 

If the owner or operator of a major stationary source submits a complete 

application to renew the PAL within this time period, then the PAL shall continue 

to be effective until the Department takes final action on the application for 

renewal.

208.18 The application to renew a PAL permit shall contain the following information: 

(a) The information required in § 208.5;

(b) A proposed PAL level;

(c) The sum of the potential to emit of all emissions units under the PAL 

(with supporting documentation);
(d) Any other information the owner or operator wishes the Department to 

consider in determining the appropriate level for renewing the PAL; and

(e) Additional information as requested by the Department to make a 

determination on the renewal request.

208.19 If the emissions level calculated in accordance with § 208.9 is equal to or greater 

than eighty percent (80%) of the PAL level, the Department may renew the PAL 

at the same level without considering the factors set forth in § 208.20. However, 

in no case may any such adjustment fail to comply with § 208.21. 

208.20 The Department may set the PAL at a level that it deems to be more 

representative of the source’s PAL baseline emissions determined from the date 

of the renewal application, or that the Department determines to be more 

appropriate considering air quality needs, advances in control technology, 

anticipated economic growth in the area, desire to reward or encourage the 

source’s voluntary emissions reductions, or other factors as specifically identified 

by the Department’s written rationale.

208.21 Notwithstanding § 208.19 and 208.20 above:

(a) If the potential to emit of the major stationary source is less than the PAL, 

the Department shall adjust the PAL to a level no greater than the potential 

to emit of the source; and

(b) The Department shall not approve a renewed PAL level higher than the 

current PAL, unless the major stationary source has complied with the 

provisions of § 208.23 (increasing a PAL).

208.22 If the compliance date for a state or federal requirement that applies to the PAL 

source occurs during the PAL effective period, and if the Department has not 

already adjusted for such requirement, the PAL shall be adjusted at the time of 

PAL permit renewal or the source’s Title V permit renewal, whichever occurs 

first.

208.23 The Department may increase a PAL emission limitation following the provisions 

below:

(a) The owner or operator of the major stationary source shall: 

(1) Submit a complete application to request an increase in the PAL 

limit for a PAL major modification. The following requirements 

shall apply:

(A) Such application shall identify the emissions unit(s) 

contributing to the increase in emissions so as to cause the 
major stationary source's emissions to equal or exceed its 

PAL; 

(B) As part of this application, the major stationary source 

owner or operator shall demonstrate that the sum of the 

PAL baseline emissions of the small emissions units, plus 

the sum of the PAL baseline emissions of the significant 

and major emissions units assuming application of LAER, 

plus the sum of the allowable emissions of the new or 

modified emissions unit(s) exceeds the PAL; and

(C) The level of control that would result from the application 

of LAER on each significant or major emissions unit shall 

be determined by conducting a new LAER analysis at the 

time the application is submitted, unless the emissions unit 

is currently obligated to comply with a LAER requirement 

that was established within the preceding five (5) years. In 

such a case, the assumed control level for that emissions 

unit shall be equal to level of LAER with which that 

emissions unit must currently comply; 

(2) Obtain a major NSR permit for all emissions unit(s) identified in §

208.23(a)(1)(A) regardless of the magnitude of the emissions 

increase resulting from them (that is, no significance levels apply);

and

(3) The emissions unit(s) in subparagraph (2) shall comply with any 

emissions requirements resulting from the major NSR process (for 

example, LAER or BACT), even though they have also become 

subject to the PAL or continue to be subject to the PAL;

(b) The PAL permit shall require that the increased PAL level be effective on 

the day any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant; 

(c) The Department shall calculate the new PAL as the sum of the allowable 

emissions for each modified or new emissions unit, plus the sum of the 

PAL baseline emissions of the significant and major emissions units, plus 

the sum of the PAL baseline emissions of the small emissions units; and 

(d) The PAL permit shall be revised to reflect the increased PAL level 

pursuant to the public notice requirements of § 208.8.

208.24 Each PAL permit must contain enforceable requirements for the monitoring 

system that accurately determines plantwide emissions of the PAL pollutant in 

terms of mass per unit of time; 
(a) Any monitoring system authorized for use in the PAL permit must be 

based on sound science and meet generally acceptable scientific 

procedures for data quality and manipulation;

(b) The information generated by such system must meet minimum legal 

requirements for admissibility in a judicial proceeding to enforce the PAL 

permit;

(c) The PAL monitoring system must employ one (1) or more of the four (4) 

general monitoring approaches meeting the minimum requirements set 

forth in § 208.25 through 208.32 and must be approved by the 

Department;

(d) Notwithstanding the paragraph above, the owner or operator may employ 

an alternative monitoring approach that meets the requirements of this 

section if approved by the Department; and 

(e) Failure to use a monitoring system that meets the requirements of this 

section renders the PAL invalid.

208.25 The following are acceptable general monitoring approaches when conducted in 

accordance with the minimum requirements in § 208.26 through 208.32:

(a) Mass balance calculations for activities using coatings or solvents and 

sulfur dioxide calculations for fuel burning sources;

(b) CEMS; 

(c) CPMS or PEMS; or

(d) Emission factors.

208.26 An owner or operator using mass balance calculations to monitor PAL pollutant 

emissions from activities using coating or solvents shall meet the following 

requirements:

(a) Provide a demonstrated means of validating the published content of the 

PAL pollutant that is contained in or created by all materials used in or at 

the emissions unit;

(b) Assume that the emissions unit emits all of the PAL pollutant that is 

contained in or created by any raw material or fuel used in or at the 

emissions unit, if it cannot otherwise be accounted for in the process; and
(c) Where the vendor of a material or fuel, which is used in or at the 

emissions unit, publishes a range of pollutant content from such material, 

the owner or operator must use the highest value of the range to calculate 

the PAL pollutant emissions unless the Department determines there is 

site-specific data or a site-specific monitoring program to support another 

content within the range.

208.27 An owner or operator using CEMS to monitor PAL pollutant emissions shall meet 

the following requirements:

(a) CEMS must comply with applicable Performance Specifications found in 

40 C.F.R. part 60, appendix B; and 

(b) CEMS must sample, analyze, and record data at least every fifteen (15) 

minutes while the emissions unit is operating.

208.28 An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions 

shall meet the following requirements:

(a) The CPMS or the PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(s) and the 

PAL pollutant emissions across the range of operations of the emissions 

unit; and

(b) Each CPMS or PEMS must sample, analyze, and record data at least every 

fifteen (15) minutes, or at another less frequent interval that the 

Department approves, while the emissions unit is operating. 

208.29 An owner or operator using emission factors to monitor PAL pollutant emissions 

shall meet the following requirements: 

(a) All emission factors shall be adjusted, if appropriate, to account for the 

degree of uncertainty or limitations in the factors’ development; 

(b) The emissions unit shall operate within the designated range of use for the 

emission factor, if applicable; and

(c) If technically practicable, the owner or operator of a significant emissions 

unit that relies on an emission factor to calculate PAL pollutant emissions 

shall conduct validation testing to determine a site-specific emission factor 

within six (6) months of PAL permit issuance unless the Department 

determines that testing is not required.

208.30 A source owner or operator must record and report maximum potential to emit 

without considering enforceable emission limitations or operational restrictions 

for an emissions unit during any period of time that there is no monitoring data, 
unless another method for determining emissions during such periods is specified 

in the PAL permit.

208.31 Notwithstanding the requirements in § 208.26 through 208.30, where an owner or 

operator of an emissions unit cannot demonstrate a correlation between the 

monitored parameter(s) and the PAL pollutant emissions rate at all operating 

points of the emissions unit, the Department shall, at the time of permit issuance:

(a) Establish default value(s) for determining compliance with the PAL based 

on the highest potential emissions reasonably estimated at such operating 

point(s); or

(b) Determine that operation of the emissions unit during operating conditions 

when there is no correlation between monitored parameter(s) and the PAL 

pollutant emissions is a violation of the PAL.

208.32 All data used to establish the PAL pollutant must be revalidated through 

performance testing or other scientifically valid means approved by the 

Department. Such testing must occur at least once every five (5) years after 

issuance of the PAL.

208.33 The PAL permit shall require an owner or operator to retain a copy of all records 

necessary to determine compliance with any requirement of this section and of the 

PAL, including a determination of each emissions unit’s twelve (12) month 

rolling total emissions, for five (5) years from the date of such record.

208.34 The PAL permit shall require an owner or operator to retain a copy of the 

following records for the duration of the PAL effective period plus five (5) years:

(a) A copy of the PAL permit application and any applications for revisions to 

the PAL; and 

(b) Each annual certification of compliance pursuant to chapter 3 of this title 

and the data relied on in certifying the compliance.

208.35 The owner or operator shall submit semi-annual monitoring reports and prompt 

deviation reports to the Department in accordance with the applicable Title V 

operating permit program in chapter 3 of this title. The reports shall meet the 

following requirements:

(a) The semiannual report shall be submitted to the Department within thirty 

(30) days of the end of each reporting period. This report shall contain the 

following information: 

(1) The identification of owner and operator and the permit number; 
(2) Total annual emissions (tons per year) based on a twelve (12) 

month rolling total for each month in the reporting period recorded 

pursuant to § 208.33 and 208.34; 

(3) All data relied upon, including, but not limited to, any Quality 

Assurance or Quality Control data, in calculating the monthly and 

annual PAL pollutant emissions;

(4) A list of any emissions units modified or added to the major 

stationary source during the preceding six (6) month period;

(5) The number, duration, and cause of any deviations or monitoring 

malfunctions (other than the time associated with zero (0) and span 

checks), and any corrective action taken;

(6) A notification of a shutdown of any monitoring system, whether 

the shutdown was permanent or temporary, the reason for the 

shutdown, the anticipated date that the monitoring system will be 

fully operational or replaced with another monitoring system, and 

whether the emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions of the 

pollutant or the number determined by method included in the 

permit, as provided by § 208.30; and

(7) A signed statement by the responsible official (as defined by the 

applicable Title V operating permit program in chapter 3 of this 

title) certifying the truth, accuracy, and completeness of the 

information provided in the report; 

(b) The major stationary source owner or operator shall promptly submit 

reports of any deviations or exceedances of the PAL requirements, 

including periods where no monitoring is available; 

(c) The deviation reports required under paragraph (b) shall be submitted in 

accordance with § 302.1(c)(3)(C) of this title and shall contain the 

following information:

(1) The identification of owner and operator and the permit number;

(2) The PAL requirement that experienced the deviation or that was 

exceeded;

(3) Emissions resulting from the deviation or the exceedance; and 

(4) A signed statement by the responsible official (as defined by the 

applicable Title V operating permit program in chapter 3 of this 
title) certifying the truth, accuracy, and completeness of the 

information provided in the report; and

(d) The owner or operator shall submit to the Department the results of any 

revalidation test or method within three (3) months after completion of 

such test or method.

208.36 If any provision of this section, or the application of such provision to any person 

of circumstance, is held invalid, the remainder of this section, or the application of 

such provision to persons or circumstances other than those as to which it is held 

invalid, shall not be affected thereby.

CHAPTER 2 (GENERAL AND NON-ATTAINMENT AREA PERMITS) of TITLE 20 

(ENVIRONMENT) of the DCMR is amended by adding a new section 209 to read as 

follows: 

209 PERMIT REQUIREMENTS FOR NON-MAJOR STATIONARY 

SOURCES (MINOR NEW SOURCE REVIEW)

209.1 Effective January 1, 2014, except as specified in § 209.2, the requirements of this 

section are applicable to any source required to obtain a permit under § 200 to 

construct a new stationary source, modify an existing stationary source, or install 

or modify an air pollution control device on a stationary source that results in 

collateral emission increases, for a project that:

(a) Is not required to comply with the requirements of either § 204 or § 208; 

and

(b) Results in an increase of the potential to emit rate equal to or greater than 

five tons per year (5 Tpy) from an individual unit of any of the following:

(1) Total volatile organic compounds (VOCs);

(2) Nitrogen oxides (NOx);

(3) Sulfur dioxide (SO2);

(4) Particulate matter less than ten (10) microns in aerodynamic 

diameter (PM10);

(5) Fine particulate matter less than two and a half (2.5) microns in 

aerodynamic diameter (PM2.5); and

(6) An aggregate of any of the hazardous air pollutants (HAPs) listed 

in §112(b) of the Clean Air Act.
209.2 Any source applying for a permit under § 200 not meeting the applicability 

requirements specified in § 209.1 shall submit, with their application, sufficient 

documentation to show that the proposed source does not meet those applicability 

requirements. 

209.3 Any source meeting the applicability requirements specified in § 209.1 shall, 

relative to each pollutant for which it meets the applicability requirement, be 

controlled by operating emission control technologies or pollution prevention 

methodologies that limit emissions to the atmosphere meeting one (1) or more of 

the following requirements:

(a) The lowest achievable emission rate (LAER);

(b) The best available control technology (BACT);

(c) For an air contaminant that is a HAP, the requirements of a maximum 

achievable control technology (MACT) or other standard resulting from a 

residual risk determination promulgated under 40 C.F.R. part 63 or, where 

applicable, a more stringent standard adopted under this title;

(d) An emission control technology or pollution prevention methodology 

approved in advance by the Department for a similar source pursuant to 

this section; or

(e) An emission control technology or pollution prevention methodology 

approved by the Department, on a case-by-case basis, pursuant to § 209.4.

209.4 A case-by-case determination pursuant to § 209.3(e) shall be performed by 

completing the following steps:

(a) Identify and evaluate a list of air pollution technologies and pollution 

prevention methodologies that may be applied to the source including, but 

not limited to, technologies and methodologies used for similar sources, 

innovative control technologies, modification of the process or process 

equipment, other pollution prevention measures, and combinations of the 

above measures;

(b) Arrange the measures on the list in descending order of air pollution 

control effectiveness; and

(c) Chose and propose the top-rated measure on the list not eliminated from 

consideration as a result of one (1) of the following demonstrations:

(1) Where a demonstration can be and is made that this measure is 

technically infeasible, based on physical, chemical, or engineering 
principles, and/or technical difficulties that would prevent the 

successful application of the measure;

(2) Where a demonstration can be and is made that this measure has 

adverse environmental effects (for example effects on water or 

land, HAP emissions, or increased environmental hazards) when 

compared with its air contaminant emission reduction benefits, 

which would make use of this measure unreasonable;

(3) Where a demonstration can be and is made that this measure 

should be eliminated from consideration based on its calculated 

economic impacts using the techniques in the latest edition of 

EPA’s Control Cost Manual, where the total and incremental costs 

of the top measure are greater than the total and incremental costs 

of the proposed measure(s) and that the extra costs, when 

compared with the air contaminant emission reduction benefits 

resulting from the top measure would make use of the top measure 

unreasonable; or

(4) Where a demonstration can be and is made that this measure 

should be eliminated from consideration based on its energy 

impacts such as establishment that it relies on fuels that are not 

reliably available; or that the energy consumed by the top measure 

is greater than that consumed by the proposed measure(s), and that

the extra energy used, when compared with the air contaminant 

emission reduction benefits resulting from the top measure would 

make use of that measure unreasonable.

209.5 Any application submitted pursuant to the requirements of this section shall 

contain the following:

(a) The control technology or pollution prevention methodology proposed to 

be installed and operated to meet the requirements of § 209.3;

(b) The list, if this method was chosen, generated pursuant to § 209.4;

(c) Any demonstration(s) performed pursuant to § 209.4(c); and

(d) Any additional information that the Department requests in order to 

complete an evaluation of the proposal.

CHAPTER 2 (GENERAL AND NON-ATTAINMENT AIR PERMITS) of TITLE 20 

(ENVIRONMENT) of the DCMR is amended by adding a new section 210 to read as 

follows: 
210 NOTICE AND COMMENT PRIOR TO PERMIT ISSUANCE

210.1 Before issuing a permit under this chapter, the Department shall prepare a draft 

permit and provide adequate notice to ensure that the affected community and the 

general public have reasonable access to the application and draft permit 

information. 

210.2 With the exception of any information that the Department deems is confidential, 

the Department shall make available for public inspection:

(a) The application for a permit and any additional information that the 

Department requests;

(b) The Department’s analysis of the application, including, where required or 

deemed appropriate, an ambient air quality analysis, a regulatory review, 

and a control technology review; and

(c) The draft permit or justification for denial. 

210.3 The Department shall publish a notice regarding the draft permit or denial in the 

D.C. Register and shall make the information in § 210.2 available for public 

inspection at the Department’s office. In addition, the Department shall use at 

least one (1) of the following procedures to ensure appropriate means of 

notification:

(a) Mail or e-mail a copy of the notice to persons on a mailing list that the 

Department develops consisting of those persons who have requested to be 

placed on such a mailing list;

(b) Post the notice on the Department’s website;

(c) Publish the notice in a newspaper of general circulation in the area 

affected by the source;

(d) Provide copies of the notice for posting at one (1) or more locations in the 

area affected by the source, such as post offices, libraries, community 

centers, or other gathering places in the community; or

(e) Employ other means of notification as appropriate.

210.4 The notice shall include the following information at a minimum:

(a) Identifying information of the source, including the name and address of 

the facility, and the name and telephone number of the facility manager or 

other contact person;
(b) For preconstruction permits (including source category permits), the 

regulated NSR pollutants to be emitted, the affected emissions units, and 

the emission limitations for each affected emissions unit;

(c) For preconstruction permits, the emissions change involved in the permit 

action;

(d) The name, address, and telephone number of a contact person in the 

Department from whom additional information may be obtained;

(e) Locations and times of availability of the information in § 210.2; and

(f) A statement that any person may submit written comments, a written 

request for a public hearing, or both, on the draft permit action within 

thirty (30) days from the date of the public notice. 

210.5 By mail or e-mail, a copy of the notice shall be sent to the applicant, the EPA, 

through Region III, and to all Affected States (as defined in 20 DCMR § 399) for 

the following permits:

(a) All NSR permits issued pursuant to § 204; and

(b) All source category permits, when initially issued.

SECTION 299 (DEFINITIONS AND ABBREVIATIONS), SUBSECTION 299.1, of 

CHAPTER 2 (GENERAL AND NON-ATTAINMENT AREA PERMITS) of TITLE 20 

(ENVIRONMENT) of the DCMR is amended as follows:

The lead-in language in § 299.1 is amended to read as follows:

299.1 The meanings ascribed to the definitions and abbreviations appearing in § 199.1 

and 199.2 of this title shall apply to any terms in this chapter not defined below. 

However, the following definitions shall apply to the terms as used in this chapter: 

By adding the definition for “Emissions unit” to read as follows:

Emissions unit – means any part of a stationary source that emits or would have the potential to 

emit any regulated NSR pollutant following paragraphs (a) and (b) below:

(a) A new emissions unit is any emissions unit that is (or will be) newly constructed and that 

has existed for less than two (2) years from the date such emissions unit first operated. 

Any emissions unit that is constructed or installed for the purpose of replacing an existing 

unit, or any emissions unit that is relocated from another stationary source for the purpose 

of replacing an existing unit, shall be considered a new emissions unit at the time of 

replacement and until two (2) years from the date such new unit commenced operation; 

and
(b) An existing emissions unit is any emissions unit that is not a new emissions unit.

By adding the definition for “Major emissions unit” to read as follows:

Major emissions unit – any emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount that is equal to or greater than the major source threshold for the PAL 

pollutant as defined for a major stationary source in § 199.1 of this title.

By amending the definition of “Major modification” to read as follows:

Major modification – any physical change in or change in the method of operation of a major 

stationary source that would result in a significant emission increase and a significant net 

emissions increase of a regulated NSR pollutant from the major stationary source:

(a) Any emissions increase that is significant for volatile organic compounds or nitrogen 

oxides shall be considered significant for ozone;

(b) A physical change or change in the method of operation shall not include:

(1) Routine maintenance, repair, and replacement. In determining whether an activity 

at a facility constitutes routine maintenance, repair, and replacement, the owner or 

operator shall consider the nature, extent, purpose, frequency, and cost of the 

work to be performed. Routine maintenance, repair, and replacement activities 

are narrow in scope, do not result in increased capacity, occur with regular 

frequency, and involve limited expense;

(2) Use of an alternative fuel raw material by reason of an order under §§ 2 (a) and 

(b) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 

§§ 791, et seq. (2006)) (or any superseding legislation) or by reason of a natural 

gas curtailment plan pursuant to the Federal Power Act (16 U.S.C. §§ 791a, et 

seq. (2006));

(3) Use of an alternative fuel by reason of an order or rule under § 125 of the Clean 

Air Act;

(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is 

generated from municipal solid waste;

(5) Use of an alternative fuel or raw material by a stationary source which;

(A) The source was capable of accommodating before December 21, 1976, 

unless such change would be prohibited under any federally enforceable 

permit condition which was established after December 12, 1976 pursuant 

to 40 C.F.R. § 52.21 or under regulations approved pursuant to 40 C.F.R.

part 51, subpart I or 40 C.F.R. § 51.166; or
(B) The source is approved to use under any permit issued pursuant to §§ 204 

or 208;

(6) A change that only consists of an increase in the hours of operation or in the 

production rate, unless such change is prohibited under any federally enforceable 

permit condition which was established after December 21, 1976 pursuant to 40 

C.F.R. § 52.21 or regulations approved pursuant to 40 C.F.R. part 51, subpart I or 

40 C.F.R.§ 51.166; or

(7) Any change in ownership at a stationary source; and

(c) This definition shall not apply with respect to a particular pollutant when the major 

stationary source is complying with the requirements under § 208 for a PAL for that 

pollutant. Instead, the definition for PAL major modification in § 299.1 shall apply.

By adding the definition of “Net emissions increase” to read as follows:

Net emissions increase – is as follows:

(a) With respect to any regulated NSR pollutant emitted by a major stationary source, the 

amount by which the sum of subparagraphs (1) and (2) below exceeds zero (0):

(1) The emissions increase from the project, determined according to the following:

(A) The emissions increase from the project is determined by summing the 

potential to emit from each new emissions unit and the difference between 

the potential to emit for each existing unit affected by the project after the 

change and the actual emissions prior to the change; and

(B) An emissions unit is considered affected by the project if an emissions 

increase from the unit would occur as a result of the project, regardless of 

whether a physical change or change in the method of operation will occur 

at the particular emissions unit; and

(2) Any other increases and decreases in emissions at the major stationary source that 

are contemporaneous with the particular change and are otherwise creditable; 

(b) An increase or decrease in emissions is contemporaneous with the increase from the 

project only if it occurs during the period of five (5) consecutive calendar years before 

and including the date of submittal of the application and continuing until operation 

commences; 

(c) An increase or decrease in emissions is creditable only if the Department or other 

reviewing authority has not relied on it in issuing a permit for the source under this 
section, which permit is in effect when the increase in emissions from the particular 

change occurs;

(d) An increase in emissions is creditable to the extent that the new level of allowable 

emissions exceeds the old level of actual emissions for the contemporaneous change;

(e) An increase that results from a physical change at a source occurs when the emissions 

unit on which construction occurred becomes operational and begins to emit a particular 

pollutant. Any replacement unit that requires shakedown becomes operational only after 

a reasonable shakedown period, not to exceed one hundred eighty (180) days; 

(f) A decrease in emissions is credible, to the extent that:

(1) The old level of actual emissions exceeds the new level of allowable emissions;

(2) The new level of allowable emissions is enforceable as a practical matter at and 

after the time that actual construction on the particular change begins;

(3) The Department has not relied on it in issuing any permit under regulations 

approved pursuant to 40 C.F.R. part 51, subpart I or the State has not relied on it 

in demonstrating attainment or reasonable further progress; and

(4) The decrease in emissions has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase from the particular 

change; and

(g) Actual emissions for calculating increases and decreases under this paragraph shall be 

determined as defined in § 199.1 of this title.

By adding the definition for “Plantwide applicability limit (PAL)” to read as follows:

Plantwide applicability limit (PAL) – an emission limitation, expressed in tons per year, for a 

pollutant at a major stationary source that is federally enforceable and enforceable as a practical 

matter established source-wide in accordance with § 208.

By adding the definition for “PAL baseline emissions” to read as follows:

PAL baseline emissions – the rate of emissions, in tons per year, of a single regulated NSR 

pollutant: 

(a) For any emissions unit that was an existing emissions unit during the PAL baseline 

period, PAL baseline emissions means the average rate, in tons per year, at which the unit 

actually emitted the pollutant during the PAL baseline period;

(1) The average rate shall include fugitive emissions to the extent quantifiable and 

any authorized emissions associated with startup and shutdown; 
(2) The average rate shall not include excess emissions or emissions associated with 

upsets or malfunctions;

(3) The average rate shall be adjusted downward to exclude any non-compliant 

emissions that occurred while the source was operating above any emission 

limitation that was legally enforceable during the PAL baseline period;

(4) The average rate shall be adjusted downward to exclude any emissions that would 

have exceeded an emission limitation with which the major stationary source 

must currently comply, had such major stationary source been required to comply 

with such limitations during the PAL baseline period; and

(5) The average rate shall not be based in any period for which there is inadequate 

information either for determining emissions, in tons per year, or for adjustments 

required by subparagraphs (1) through (4) above; and

(b) For any existing emissions unit that was not an existing emissions unit during the PAL 

baseline period but commenced operation during or after the selected PAL baseline 

period, the PAL baseline emissions shall equal the allowable emissions or the potential to 

emit, whichever is lower;

(c) For a new emissions unit, PAL baseline emissions shall equal zero (0); and

(d) PAL baseline emissions shall be determined by measurement, calculations, estimations, 

or recordkeeping in the order of the following preferences:

(1) Continuous Emission Monitoring System (CEMS) data integrated to annual 

emissions using flow meters and conversion factors;

(2) Predictive Emissions Monitoring System (PEMS); 

(3) Other Measurements and Calculations:

(A) Stack emissions:

(i) Determine hourly emissions by stack emission testing;

(ii) Determine annual operating hours using hour meter records; and 

(iii) Calculate annual emissions using hourly emissions and annual 

operating hours; or

(iv) Determine emissions per heat input by stack emission testing;
(v) Determine amount of fuel combusted in a year using fuel flow 

meter record and calculate annual heat input; and 

(vi) Calculate annual emissions using emissions per heat input and 

annual heat input;

(B) Mass balance: 

(i) Determine the amount of materials used through measurements in 

the process;

(ii) Calculate emissions per mass of material used using mass balance 

techniques;

(iii) Determine amount of material used in a year; and 

(iv) Calculate annual emissions using emissions per mass of material 

and amount of material used in a year;

(C) Emission Factors: 

(i) Using generally recognized and accepted emission factors such as 

AP-42, determine hourly emissions;

(ii) Determine annual operating hours using hour meter records; and

(iii) Calculate annual emissions using hourly emissions and annual 

operating hours; or

(iv) Using generally recognized and accepted emission factors such as 

AP-42, determine emissions per heat input unit;

(v) Determine amount of fuel combusted in a year using fuel flow 

meter record and calculate annual heat input; and 

(vi) Calculate annual emissions using emissions per heat input and 

annual heat input; or

(4) Instances where measurements of operating hours or fuel combusted (hour meter 

or fuel flow meter) are not available, annual emissions can be calculated using 

available records (such as production records, fuel consumption records, fuel 

purchase receipts, laboratory reports on fuel analysis, and third party records such 

as electric bills);

(A) Determine hourly emissions using stack emission tests, mass balance or 

emission factors;
(B) Determine annual hours of operation using production records; and

(C) Calculate annual emissions using hourly emissions and annual hours of 

operation; or

(D) Determine emissions per heat input unit using stack emission tests, mass 

balance or emission factors;

(E) Determine amount of fuel combusted in a year records and calculate 

annual heat input; and

(F) Calculate annual emissions using emissions per heat input and annual heat 

input.

By adding the definition for “PAL baseline period” to read as follows:

PAL baseline period – the two (2) consecutive calendar years immediately prior to the year the 

application for a PAL is submitted. The Department may allow the use of a different 

consecutive twenty-four (24) month period within the last five (5) years upon a determination 

that the operations during that period would be more representative of normal source operations.

By adding the definition for “PAL effective date” to read as follows:

PAL effective date – generally means the date of issuance of the PAL permit. However, the 

PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL 

major modification becomes operational and begins to emit the PAL pollutant. The PAL limit 

that was in effect prior to the change shall remain in effect until the new PAL is effective.

By adding the definition for “PAL major modification” to read as follows:

PAL major modification – notwithstanding the definitions for major modification and net 

emissions increase in § 199.1, any physical change in or change in the method of operation of the 

PAL source that causes it to emit the PAL pollutant at a level greater than the PAL.

By adding the definition for “PAL pollutant” to read as follows:

PAL pollutant – the pollutant for which a PAL is established at a major stationary source.

By adding the definition for “Predictive emissions monitoring system (PEMS)” as follows:

Predictive emissions monitoring system (PEMS) – all of the equipment necessary to monitor 

process and control device operational parameters (for example, control device secondary

voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2

concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a 

continuous basis.
By adding a definition for “Regulated NSR (new source review) pollutant” as follows:

Regulated NSR (new source review) pollutant – is the following:

(a) Nitrogen oxides or any volatile organic compounds;

(b) Any pollutant for which a national ambient air quality standard has been promulgated; 

(c) Any pollutant that is a constituent or precursor of a general pollutant listed under 

paragraphs (a) or (b) above, provided that a constituent or precursor pollutant may only 

be regulated under NSR as part of regulation of the general pollutant;

(d) Precursors identified by the Administrator for purposes of NSR are the following:

(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all 

ozone nonattainment areas;

(2) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas;

(3) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment 

areas, unless the Department demonstrates to the Administrator’s satisfaction or 

EPA demonstrates that emissions of nitrogen oxides from sources in a specific 

area are not a significant contributor to that area’s ambient PM2.5 concentrations;

and

(4) Volatile organic compounds and ammonia are presumed not to be precursors to 

PM2.5 in any PM2.5 nonattainment area, unless the Department demonstrates to the 

Administrator’s satisfaction or EPA demonstrates that emissions of volatile 

organic compounds or ammonia from sources in a specific area are a significant 

contributor to that area’s ambient PM2.5 concentrations; and

(e) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or 

activity which condense to form particulate matter at ambient temperatures, determined 

in accordance with the following:

(1) Such condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM2.5 and PM10 in 

nonattainment major NSR permits; and

(2) Compliance with emissions limitations for PM2.5 and PM10 shall not be based on 

condensable particulate matter unless required by the terms and conditions of the 

permit or the applicable implementation plan. Applicability determinations made

prior to this date without accounting for condensable particulate matter shall not 

be considered in violation of this section unless the applicable implementation

plan required condensable particulate matter to be included.
By adding the definition for “Significant” as follows:

Significant – in reference to a significant emissions increase, a significant net emissions 

increase, or the potential of a stationary source or emissions unit to emit a significant amount of a 

regulated NSR pollutant, a rate of emissions that would equal or exceed any of the following: 

(a) Carbon monoxide: one hundred tons per year (100 Tpy);

(b) Ozone - Nitrogen oxides or VOCs: twenty-five (25) Tpy;

(c) Sulfur dioxide: forty (40) Tpy;

(d) Lead: six-tenths (0.6) Tpy;

(e) PM10: fifteen (15) Tpy;

(f) PM2.5: ten (10) Tpy;

(g) For the purposes of applying the requirements of this section, where applicable, to a 

major stationary source of a PM10 precursor located in a PM10 nonattainment area, the 

significant emission rate for a PM10 precursor is forty (40) Tpy or more of that precursor;

(h) For the purposes of applying the requirements of this section, the significant emission 

rate for a PM2.5 precursor is forty (40) Tpy of sulfur dioxide emissions and forty (40) Tpy

of nitrogen oxide emissions;

(i) Notwithstanding the significant emissions rate for carbon monoxide stated above, 

significant for carbon monoxide in a serious nonattainment area is fifty (50) Tpy, 

provided the Department has determined that the applicable stationary source contributes 

significantly to carbon monoxide levels in that area;

(j) Notwithstanding the significant emissions rates for ozone stated above, significant for 

volatile organic compounds in an extreme nonattainment area for ozone is any amount 

above zero; and

(k) Notwithstanding the above paragraphs, any emissions rate or any net emissions increase 

associated with a major stationary source or major modification, which would construct 

within six and twenty-one hundredths miles (6.21 m.), or ten kilometers (10 km), of any 

Class I area, and have an impact on the area equal to or greater than one microgram per 

cubic meter (1 μg/m3) over a twenty-four hour (24 hr) average.

By adding the definition for “Significant emissions increase” to read as follows:

Significant emissions increase – for a regulated NSR pollutant, an increase in emissions that is 

significant (as defined in this section) for that pollutant.
By adding the definition for “Significant emissions unit” to read as follows:

Significant emissions unit – an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level (as defined under 

“significant” in this subsection or in the Clean Air Act, whichever is lower) for that PAL 

pollutant.

By adding the definition for “Small emissions unit” to read as follows:

Small emissions unit – an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level (as defined under “significant” in this 

subsection or in the Clean Air Act, whichever is lower) for that PAL pollutant.

By adding the definition for “Source category permit” to read as follows:

Source category permit – a preconstruction or operating permit issued by the Department that 

may be applied to a number of similar emissions units or sources. A source category permit may 

be written to address a single emissions unit, a group of the same type of emissions units, or an 

entire minor source.
OF THE 

GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

Air Quality Division 

MEMORANDUM 

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TO: Christophe A. G. Tulml"·"'· 11, "~;;' •.. d.'~ " 

Director, District Departm\nt of the Environment 

(,.) \ -../ 

FROM: Cecily Beall CJ)J;,":J\;zi),:,··· 

Associate Director, AQD, DDOE 

DATE: March 20, 2012 

SUBJECT: Hearing Officer's Certification for the Public Hearing on Proposed New 

Source Review Regulations and Proposed Amendment to State 

Implementation Plan 

This is to certify that a public hearing was held at approximately 5:30p.m. on March 19, 

2012 to give the public the opportunity to comment on the proposed revisions to the new 

source review (NSR) regulations and the proposed revision of the District's State 

Implementation Plan. Notice of the public hearing was posted on DDOE's website and 

published in the D.C Register on February 17,2012 (59 DCR 001493) (see attached 

notices). 

The District was represented by Cecily Beall of the District Department of the 

Environment (DDOE), Air Quality Division (AQD); Stephen Ours, Chief of the 

Permitting and Enforcement Branch, DDOE/AQD; and Lauren Maxwell, Assistant 

Attorney General, Office of the General Counsel (OGC), DDOE. There were five 

attendees, but no one testified (see attached sign-in sheets). AQD had received four sets 

of written comments prior to the public hearing. 

During the public hearing, attendees from the General Services Administration (GSA) 

asked the following questions, to which AQD and OGC staff provided the following 

responses: 

• What is the District's ozone nonattainment classification? Mr. Ours responded 

that the District is a moderate nonattainment area except for purposes of some 

regulations such as NSR, under which the District still uses the severe 

nonattainment area applicability thresholds to prevent backsliding under the 

federal Clean Air Act. 

1200 First St. NE, 5th Floor, Washington, DC 20002 I Tel: (202) 535-2650 I web:ddoe.dc.gov 
e Does the U.S. Environmental Protection Agency (EPA) have to review and 

approve the NSR regulations? Ms. Beall responded that DDOE/AQD worked 

with EPA throughout the 27 drafts 'of the regulations to ensure that EPA's 

concerns were addressed. In addition, EPA could comment during the public 

comment period if they had any remaining concerns. Ms. Beall also explained 

that once finalized, the regulation will be submitted to EPA as an amendment to 

the District's State Implementation Plan (SIP). 

• Has EPA already approved the District's state implementation plan (SIP)? Mr. 

Ours and Ms. Beall responded that the SIP is an evolving document that can be 

found at 40 CFR 52 Subpart J. As DDOE/ AQD develops and revises regulations 

with EPA's input, the final regulations are submitted as SIP revisions. 

• Will greenhouse gases (GHG) be included in the NSR regulations? Ms. Maxwell 

responded that GHGs will be considered at a future time. Mr. Ours and Ms. 

Beall further explained that GHGs would be considered in light of the prevention 

of significant deterioration requirements and the federal tailoring rule because 

there is no standard for GHGs and therefore there cannot be a nonattainment 

designation and nonattainment NSR would not apply. 

o What is the District's attainment status of the other criteria pollutants? Ms. Beall 

reviewed the status for PM2.5, CO, N02, S02, and lead. 

Mr. Ours informed the attendees that, once the NSR regulations are final, development of 

a synthetic minor program and permit fees is a high priority for DDOE/AQD. He also 

noted that the proposed NSR regulations included two provisions that affect minor 

sources: (1) the ability to develop source category permits and (2) the extension of the 

period of minor source permits from three years to five years. 
Notice of Proposed Rulemaking on Air Quality Issues I ddoe 

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DDOE Home 

i.il jJ 

Energy in DC 

dotice of i'i'Oposed r~ulemaldng on Air l.!!nlity ISSl!GS 

Page 1 of 1 

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Proposed Rulemaking on New Source Review and Proposed Revision of the District's State Implementation Plan (SIP) 

Notice is hereby given that a public hearing will be held on Monday, March 19, 2012 at 5:30p.m. in Room 512 at 1200 First Street, N.E., 5th Floor, in Washington, D.C., 

20002. This hearing provides interested parties an opportunity to comment on the District's proposed rulemaking on New Source Review (NSR) and proposed State 

Implementation Plan (SIP) revision. Once finalized, 20 DCMR §§ 199,200,204, 206, 208, 210, and 299 will be submitted to the United States Environmental Protection 

Agency to revise the SIP in order to meet the requirements of section 110 of the federal Clean Air Act (42 U.S. C.§ 7410) in accordance with 40 C.F R. part 51. 

The District Department of the Environment (DDOE) is proposing amendments to the New Source Review (NSR) permitting program, which applies to new and modified 

major emission sources that have the ability to significantly impact air quality in the District and downwind states. This rulemaking also proposes to add source category 

permits (commonly referred to as "general permits" in other JUrisdictions), which will allow DDOE to issue a single permit for groups of similar sources. Finally, this 

rulemaking pcoposes to add requirements for new source review of minor sources. Once finalized, DDOE will submit all of the amendments as a SIP revision, except 

those pertaining to minor new source review (20 DCMR § 209). 

The proposed regulation is also available for public review during normal business hours at the offices of the District Department of the Environment (DDOE), 1200 First 

Street, NE, Washington, D.C. 20002. Interested parties wishing to testify at this hearing must submit in writing their names, addresses, telephone numbers, and 

affiliation, if any, to Mr. William Bolden at DDOE by 4:00p.m. on Monday, March 19,2012. Interested parties may also submit written comments to Ms. Cecily Beall, 

DDOE Air Quality Division, at 1200 First Street, NE, 5th Floor, Washington, DC 20002, or submit comments to her by email at cecily.beall@dc.gov. No written or email 

comments will be accepted after March 19, 2012. For more information or to find out if the public hearing has been canceled, call Mr. Stephen Ours at 202-535-1747 or 

email him at stephen.ours@dc.gov. 
.New Source Review- Proposed Rulemaking I ddoe 

* * ..... .·"-·-····, 

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ODOEHome Servfces 

Friday, February 17, 2012 

Page 1 of 1 

3i1 Online District Residents Businesses Visitots Media Online Services 

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{ GC.£CV r. ddce.dc.gov 

SHARf •"4 Text Resize 

DOOE is seeking comments on proposed amendments to the New Source Review (NSR) permitting program, which applies to new and modified major emission sources 

that have the ability to significantly impact air quality in the District and downwind states. The rulemaking also proposes to add source category permits (commonly 

referred to as "general permits" in other jurisdictions). which will allow DDOE to issue a single permit for groups of similar sources. Finally, the rulemaking proposes to 

add requirements for new source review of minor sources . 

.A;I.lchment(s): 

NSR Proposed Rule making - Public Hearing Notice 18.64 KB 

NSR Notice of Proposed Rulemaking 123.98 KB 

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DCR Issue: VOL.59- N0.7, DC Regulations 

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Total Records: 11 

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1946322 

1953791 

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Alcoholic Beverage Regulation Administration - Notice of Public Hearing - G 

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Alcoholtc Beverage Regulation Administration - Notice of Public Hearing -

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Alcoholic Beverage Regulat1on Administration - Notice of Public Hearings -

ABC Board's Calendar- 2/22/2012 

Notice of Public Hearing "Fatr Elections to Restore the Public Trust Initiative 

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Hearing Not1ce NSR Proposed Rulemakmg 

Department of Housing and Community Development (DHCD), announces a 

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Zonmg Commission Notice of Publlc Hearing: Case No. 07-238 (Georgetown 

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MARCH 19, 2012 

GOVERNMENT OF THE DISTRICT OF COLUMBIA 

Department of the Environment 

Environmental Protection Administration 

Air Quality Division 

PUBLIC HEARING ON PROPOSED RULEMAKING ON NEW SOURCE REVIEW AND 

PROPOSED REVISION OF THE DISTRICT'S STATE IMPLEMENTATION PLAN (SIP) 

Please sign in below: 

NAME 

6. 

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8. 

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AFFILIATION (if any) 

( ..... ~_(' ,, : 

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DCR Issue: VOL.59 - N0.46, DC Regulations 

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NAIC Captive Insurance Accreditation Rulemaking 

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http://dcregs.dc.gov/Notice/NoticeListForPublic.aspx?type=Issue&CategoryName=Final R... 211 1/201 3 
DISTRICT DEPARTMENT OF THE ENVIRONMENT

NOTICE OF PUBLIC HEARING ON AIR QUALITY ISSUES 

Proposed Rulemaking on New Source Review and 

Proposed Revision of the District’s State Implementation Plan (SIP) 

Notice is hereby given that a public hearing will be held on Monday, March 19, 2012 at 5:30 p.m. 

in Room 512 at 1200 First Street, N.E., 5th Floor, in Washington, D.C., 20002. This hearing 

provides interested parties an opportunity to comment on the District’s proposed rulemaking on 

New Source Review (NSR) and proposed State Implementation Plan (SIP) revision. Once 

finalized, 20 DCMR §§ 199, 200, 204, 206, 208, 210, and 299 will be submitted to the United 

States Environmental Protection Agency to revise the SIP in order to meet the requirements of 

section 110 of the federal Clean Air Act (42 U.S.C. § 7410) in accordance with 40 C.F.R. part 51. 

The District Department of the Environment (DDOE) is proposing amendments to the New 

Source Review (NSR) permitting program, which applies to new and modified major emission 

sources that have the ability to significantly impact air quality in the District and downwind states. 

This rulemaking also proposes to add source category permits (commonly referred to as “general 

permits” in other jurisdictions), which will allow DDOE to issue a single permit for groups of 

similar sources. Finally, this rulemaking proposes to add requirements for new source review of 

minor sources. Once finalized, DDOE will submit all of the amendments as a SIP revision, except 

those pertaining to minor new source review (20 DCMR § 209).

The proposed regulation is available for public review during normal business hours at the offices 

of the District Department of the Environment (DDOE), 1200 First Street, NE, Washington, D.C. 

20002, and on-line at http://ddoe.dc.gov/ddoe. Interested parties wishing to testify at this hearing 

must submit in writing their names, addresses, telephone numbers, and affiliation, if any, to Mr. 

William Bolden at DDOE by 4:00 p.m. on Monday, March 19, 2012. Interested parties may also 

submit written comments to Ms. Cecily Beall, DDOE Air Quality Division, at 1200 First Street, 

NE, 5th Floor, Washington, DC 20002, or submit comments to her by email at 

cecily.beall@dc.gov. No written or email comments will be accepted after March 19, 2012. For 

more information or to find out if the public hearing has been canceled, call Mr. Stephen Ours at 

202-535-1747 or email him at stephen.ours@dc.gov.