Cecily 

GOVERNMENT OF THE DISTRICT OF COLUMBIA
 

Department of the Environment
 

* * *
 

Office of the 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 of Section 110(a)(2)(A)-(M) ofthe Clean Air 

Act (CAA) relevant to the PM2.5 national ambient air quality standards. Many of the requirements of 

this section are already contained in the District ofColumbia's current state implementation plan (SIP) or 

SIP revisions that have been submitted to but not yet approved by the 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 that have been submitted to but not yet approved by EPA. The 

attainment plan and the regulations cited in the enclosed chart have gone through public notice and 

hearing prior to submittal to EPA. The chart also identifies those infrastructure elements that are not 

applicable to the District of Columbia. 

This letter confirms that the District's SIP already addresses the enclosed requirements of Section 

110(a)(2)(A)-(M). Should you have any questions or require 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 of Requirements 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 Street NE, 6th Floor 

Washington, DC 20002 

George Hawkins, Director 
11O(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 by the U.S. Environmental 

Protection Agency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972. SIPs can be revised by the state with EPA 

approval as necessary. The federally enforceable SIP for the District ofColumbia is compiled in 40 CFR Part 52 Subpart J. 

Many of the miscellaneous requirements of Section 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 by EPA. 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 by EPA. 

1
 
Section 110(a) Element Summary of Element Provisions in the Current 

District of Columbia SIP 

Where Codified 

or Approved by 

EPA 

§11O(a)(2)(A) include enforceable emission limitations and 

other control measures, means, or techniques 

(including economic incentives such as fees, 

marketable permits, and auctions of 

emissions rights), as well as schedules and 

timetables for compliance as may be 

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 in 40 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 of any 

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 in 40 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
 
§11 0(a)(2)(E) (ii) requirements that the state comply with 

the requirements respecting state boards 

under section 128, and 

(iii) necessary assurances that, where the 

state has relied on a local or regional 

government, agency, or instrumentality for 

the implementation of any plan provision, the 

state has responsibility for ensuring adequate 

implementation ofsuch plan 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 may be prescribed by the 

Administrator­

(i) the installation, maintenance, and 

replacement of equipment, 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 of emissions and emissions-related 

data from such sources. 

The elements for the installation and 

maintenance ofmonitoring equipment and for 

periodic reporting of emissions 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 in the 

provisions of those 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 contingency plans 

to implement such authority 

Statutory authority is found in section 3 ofthe 

District ofColumbia Air Pollution Control Act 

of 1984 effective March 25, 1985 (D.C. Law 5­

165) which created DCMR 401. 

20 DCMR 401 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 by the public, including local political 

subdivisions. The District Department ofthe 

Environment (DDOE) believes the public notice 

and hearing processes fulfill the section 121 

consultation process. Furthermore, the District 

Department ofTransportation and the 

Metropolitan Washington Air Quality 

Committee (MWAQC) play an important role in 

the attainment and air quality planning process. 

The attainment plans and regulations in the 

approved District's SIP specify the organizations 

responsible for implementing and enforcing air 

quality regulations. 

and 52.470(e) 

§1l0(a)(2)(L) 

require the owner or operator of each major 

stationary source to pay to the permitting 

authority, as a condition of any permit 

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 or operator receives a 

permit for such source, the reasonable costs 

ofimplementing and enforcing the terms and 

conditions of any such permit (not including 

any court costs or other costs associated with 

any enforcement action), until such fee 

requirement is superseded with respect to 

such sources by the Administrator's approval 

ofa fee program under title V; 

Fees are collected according the Title V permit 

program which has been approved by EPA under 

20DCMR305. 

40 CFR 52.470(c), 

Appendix A 

40 CFR Part 70 

and 60 FR 40101, 

08/07/1995 

4
 
§11O(a)(2)(M) Provide for consultation and participation by 

local political subdivisions affected by the 

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 

by the public, including local political 

subdivisions. We believe the public notice and 

hearing processes fulfills the requirements for 

consultation with local political subdivisions 

affected by the SIP. MWAQC is an organization 

that has been certified by the Governors of 

Maryland and Virginia and the Mayor ofthe 

District of Columbia under section 174 ofthe 

CAA and includes representatives of local 

governments. 

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