Cecily GOVERNMENT OF THE DISTRICT OF COLUMBIA Department ofthe Environment 

# * * *

Office ofthe Director



### AUG 25 

## 2008 Mr. Donald S. Welsh Regional Administrator, EPA-Region 3 Mail Code 3RAOO 1650 Arch Street Philadelphia, PA

Subject: Section 110(a)(2)(A)-(M) Requirements Already Contained in District's State Implementation Plan

# Dew~ This letter is being submitted to address the requirements ofSection 110(a)(2)(A)-(M) ofthe Clean Air Act (CAA) relevant to the PM2.5 national ambient air quality standards. Many ofthe requirements of this section are already contained in the District ofColumbia's current state implementationplan (SIP) or SIP revisions that have been submitted to but not yet approved bythe U.S. Environmental Protection Agency (EPA).

The enclosed chart identifies those "infrastructure" requirements that we believe are already contained in the annual PM2.5 SIP revisions thathave been submitted to butnot yet approved by EPA. The attainment plan and the regulations cited in the enclosed chart have gone through public notice and hearing priorto submittal to EPA. The chart also identifies those infrastructure elements that are not applicable to the District ofColumbia.

This letter confirms that the District's SIP already addresses the enclosed requirements ofSection 110(a)(2)(A)-(M). Should you have any questions orrequire additional information, please contact eall at (202) 535-2626.

__

# .lY~ George S. Hawkins Director

cc: Judith Katz, Director, Air Protection Division, EPA-Region 3 Cecily Beall, Associate Director, Air Quality Division, DDOE

Enclosure

51 N Street N.E., 6th Floor, Washington, DC 20002 (202) 535-2600 FAX (202) 535-2881

# ...•r'CDDOE

. :DlSTRICf DEPARTMEl'IoT ·OFTHE**E~VIRO~~lh~T** 

## Certification ofRequirements in Current State Implementation Plan Section 110(a)(2)(A)-(M) Clean Air Act Requirements for PM2.5

AUGUST 25, 2008

District Department ofthe Environment 51 N StreetNE, 6th Floor Washington, DC 20002 George Hawkins, Director11O(a)(2)(A)-(M) Requirements in the Current District ofColumbia State Implementation Plan August 25, 2008

A state implementation plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain the primary and secondary national ambient air quality standards (NAAQS). The SIP is a complex, fluid document containing regulations, source-specific requirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulgated bythe U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved byEPA onMay 31, 1972. SIPs can be revised bythe state with EPA approval as necessary. The federally enforceable SIP for the District ofColumbia is compiled in 40 CFRPart 52 Subpart J.

Many of the miscellaneous requirements ofSection l10(a)(2)(A)-(M) ofthe Clean Air Act (CAA) relevant to the PM2.5 NAAQS are already contained in the District ofColumbia's current SIP or SIP revisions which have been submitted to but not yet approved byEPA. The following table summarizes where these requirements ofSection llO(a)(2)(A)-(M) are addressed in the District ofColumbia's current SIP or SIP revisions which have been submitted to but not yet approved byEPA.



### 1Section 110(a) Element Summary ofElement Provisions in the Current District ofColumbia SIP Where Codified

orApproved by EPA §11O(a)(2)(A) include enforceable emission limitations and other control measures, means, ortechniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance as maybe necessary or appropriate to meet the applicable requirements ofthis Act. Enforceable emissions limits, control measures, fees, and compliance methods are found in those provisions of20 DCMR Chapters 2, 3, and 6 through 10 which are in the District's approved SIP and listed in40 CFR 52.470. 40 CFR 52.470(c)

§11O(a)(2)(C) include a program to provide for the enforcement ofthe measures described in subparagraph (A) and regulation ofthe modification and construction ofany stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in partD. The elements for the program for enforcement

are found in those provisions of20 DCMR Chapters 1 and 5 and 20 DCMR 302.2, as well

as the monitoring, recordkeeping, and reporting requirements for sources in the control measure regulations of20 DCMR Chapter 2,3 and 6 to 10 that are in the approved state implementation plan (SIP) and listed in40 CFR 52.470. 40 CFR 52.470(c)

§ 11O(a)(2)(D) contain adequate provisions

­ (ii) insuring compliance with the applicable requirements ofsections 126 and 115 (relating to interstate and international pollution abatement); The District is not currently subject to requirements under sections 115 and 126.



### 2§ 110(a)(2)(E) (ii) requirements that the state comply with the requirements respecting stateboards under section 128, and

(iii) necessary assurances that, where the
state has relied on a local orregional government, agency, or instrumentality for the implementation ofanyplanprovision, the
state has responsibility for ensuring adequate implementation ofsuchplan provision; (ii) Because the District does not have a board which approves permits or enforcement orders, this element is not applicable.

(iii) Because the District does not rely on localities for SIP implementation, this element is
not applicable.

§11O(a)(2)(F) require, as maybeprescribedbythe Administrator­ (i) the installation, maintenance, and replacement ofequipment, and the implementation ofother necessary steps by

owners or operators ofstationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and
amounts ofemissions and emissions-related data from such sources. The elements for the installation and maintenance ofmonitoring equipment and for periodic reporting ofemissions and emissions related data are found in 20 DCMR 501 and 502; 20 DCMR 302, 500, and 502; and 20 DCMR 302.1, as well as the monitoring, recordkeeping, and reporting requirements for sources inthe provisions ofthose control measure regulations of20 DCMR Chapters 2, 3 and 6 to 10 that are in the approved SIP and listed in 40 CFR 52.470. 40 CFR 52.470(c)

§110(a)(2)(G) provide for authority comparable to that in section 303 and adequate contingencyplans
to implement such authority Statutory authorityis found in section 3 ofthe District ofColumbia Air Pollution Control Act of 1984 effective March 25, 1985 (D.C. Law 5­ 165) which createdDCMR401.

20 DCMR401 was approved into the SIP by 60 CFR 44431, August 28, 1995 and codified at 40 CFR 52.470(c); 40 CFR 52.470(a) and (c)

3§ 11O(a)(2)(J) meet the applicable requirements ofsection All SIP revisions have gone through public 40 CFR 52.470(c) (§ 121 consultation) 121 (relating to consultation),

... notice and hearing, which have allowed for
comment bythe public, including local political subdivisions. The District Department ofthe Environment (DDOE) believes the public notice and hearing processes fulfill the section 121 consultationprocess. Furthermore, the District Department ofTransportation and the Metropolitan Washington Air Quality Committee (MWAQC) play an important role in the attainment and air qualityplanningprocess. The attainment plans and regulations in the approved District's SIP specify the organizations responsible for implementing and enforcing air qualityregulations. and 52.470(e)

§ 1l0(a)(2)(L) require the owner oroperator ofeach major stationary source to payto the permitting authority, as a condition ofanypermit required under this Act, a fee sufficient to

cover­

(i) the reasonable costs ofreviewing and acting upon any application for such a permit, and

(ii) ifthe owner oroperatorreceives a permit for such source, the reasonable costs ofimplementing and enforcing the terms and conditions ofany suchpermit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources bythe Administrator's approval ofafee program under title V; Fees are collected according the Title V permit program which has been approved byEPA under 20DCMR305. 40 CFR 52.470(c), Appendix A 40 CFRPart 70 and 60 FR40101, 08/07/1995



### 4§11O(a)(2)(M) Provide for consultation and participation by local political subdivisions affected bythe plan There are no local political subdivisions in the District. This is done under the nonnal public notice and comment procedures. Furthennore, all SIP revisions have gone through public notice and hearing, which have allowed for comment bythe public, including local political subdivisions. Webelieve the public notice and hearing processes fulfills the requirements for consultation with local political subdivisions affected bythe SIP. MWAQC is an organization that has been certifiedbythe Governors of Maryland and Virginia and the Mayor ofthe District ofColumbia under section 174 ofthe CAA and includes representatives oflocal governments.



### 5