UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103 

DATE: 8'1 I S/1 "2. 

SUBJECT: Technical Support Document for the District of Columbia State Implementation 

Plan Revisions for Section 110(a)(2) Infrastructure Requirements for the 2008 

Lead National Ambient Air Quality Standards and Section 128 State Board 

Requirements 

FROM: 

TO: 

THRU: 

Emlyn Velez-Rosa, Environmental Engineer 

Office of Air Program Planning 

File 

~ 7;..-_ ~ o8/r~),) Cristma Fernandez, Associate Director 

Office of Air Program Planning 

I. INTRODUCTION 

The U.S. Environmental Protection Agency (EPA) is taking action on two submittals made by 

the District of Columbia (hereafter "the District") to meet the Clean Air Act (CAA) section 

110(a)(2) requirements of the 2008lead national ambient air quality standards (NAAQS) and the 

State Board requirements of section 128 for all NAAQS. 

II. BACKGROUND 

On October 15, 2008, EPA substantially strengthened the primary and secondary lead NAAQS 

(hereafter the "2008 lead NAAQS"), revising the level of the primary (health-based) standard 

from 1.5 micrograms per cubic meter (J.tg/m3

) to 0.15 J.tg/m3, measured as total suspended 

particles (TSP), not to be exceeded with an averaging time of a rolling 3-month period (73 FR 

66964, November 12, 2008). EPA also revised the secondary (welfare-based) standard to be 

identical to the primary standard, as well as the associated ambient air monitoring requirements. 

See 40 CFR 50.16. 

After being petitioned in January 2009, the EPA revised the ambient monitoring requirements for 

measuring lead in the air on December 14, 2010 (75 FR 81126). These amendments expanded 

the nation's lead monitoring network to better assess compliance with the 2008 lead NAAQS. 

The revisions include, among other things: lowering the emissions threshold at which sourceoriented monitoring would be required to 0.50 tons per year (tpy), and requiring lead monitoring 

at NCore sites to satisfy the nonsource-oriented monitoring requirement. 
IV. STATE SUBMITTAL 

On July 18, 2013, the District Department of the Environment (DDOE) provided two separate 

submittals to satisfy the requirements of section 110(a)(2) ofthe CAA for the 2008lead NAAQS 

("the infrastructure submittal), and the State Board requirements under section 128 ofthe CAA. 

The infrastructure submittal addresses the following infrastructure elements, which EPA is 

proposing to approve: CAA section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E)(i), 

(E)(iii), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. The second submittal includes 

specific provisions to update the District's requirements in the SIP meeting section 128 and 

consequently the infrastructure element (E)(ii) for the 2008 lead NAAQS. 

V. SUMMARY OF STATE SUBMITTALS AND EPA'S EVALUATION 

A. Infrastructure Requirements 

With respect to the District's obligations pursuant to CAA sections 110(a)(l) and (2) for the 

2008 lead NAAQS, this technical support document discusses only those elements which were 

the subject of EPA's completeness finding. While the completeness finding noted that the 

District failed to submit a complete SIP addressing the portions of (C), (D) and (J) relating to 

part C of Title I of the CAA for the 2008 lead NAAQS, EPA recognizes that such requirements 

have already been addressed by a Federal Implementation Plan (FIP) for the permitting program 

required by part C of Title I of the CAA that remains in place. Therefore, EPA concludes that 

such finding of incompleteness would not trigger any additional FIP obligation for the District 

with respect to those infrastructure requirements. Therefore, EPA is not proposing any action for 

the 2008 lead NAAQS for elements (C), (D)(i)(II), (D)(ii) and (J), for the portions which relate 

to the prevention of significant deterioration (PSD) permit program required by part C of Title I 

ofthe CAA. 

As explained earlier, EPA does not consider SIP requirements triggered by the nonattainment 

area mandates in part D of Title I of the CAA to be governed by the submission deadline of 

section 11 O(a)(1 ). Nevertheless, the District may have included some previous EPA-approved 

SIP provisions originally submitted in response to part D in its submission documenting its 

compliance with the requirements of sections 110(a)(l) and (2) of the CAA. For the purposes of 

this action, EPA has reviewed the District's submittal with respect to each of the elements, 

including any rules originally submitted in response to part D, or references thereto, solely for 

the purposes of determining whether such submittals support a finding that the state has met the 

basic infrastructure requirements under section 11 O(a)(2). 

1. Section 110(a)(2)(A): Emission limits and other control measures 

The District has established laws and regulations applicable to the 2008 lead NAAQS that 

include enforceable emissions limitations and other control measures, means or techniques, as 

well as schedules and timetables for compliance to meet the applicable requirements of the CAA. 

In its submittal, the District states that such control measures are found in the following 

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a multi-pollutant site capable of measuring particles, pollutant gases, metals, and meteorology. 

To satisfy this requirement, the District commenced operating on January 1, 2012 a Federal 

Equivalent Method (FEM) lead monitor in its existing NCore site (AQS Site ID 11-001-0043), 

located on the McMillan Reservoir. 

DDOE performs quality assurance checks, and submits air quality data in a timely manner to 

EPA's Air Quality System (AQS) in accordance with EPA's air monitoring data certification and 

reporting requirements of 40 CFR part 58. Pursuant to 40 CFR 58.10, DDOE submits an annual 

network plan to EPA that describes how the District has complied with monitoring requirements 

and serves as prior notification of any proposed changes to the monitoring sites or measurement 

methods. The annual network plan provides descriptions of any proposed changes to the 

District's ambient air network, the reason for each change, and any other information relevant to 

the change. On June 27,2012, DDOE submitted the 2012 Annual Air Quality Monitoring 

Network Design Plan, which incorporates the installation of the lead monitor at the NCore site. 

EPA approved the 2012 plan on February 21,2013. On June 26,2013, the District submitted the 

2013 Annual Air Quality Monitoring Network Design Plan, which is currently under EPA's 

review. EPA finds that the District's lead monitoring network and data system and its 

monitoring and reporting procedures are adequate to satisfy the requirements of CAA section 

110(a)(2)(B) for the 2008 lead NAAQS. 

3. Section 110(a)(2)(C): Programs for enforcement, PSD, and NNSR 

Elements of the District's enforcement program, including monitoring, recordkeeping, and 

reporting requirements, have been approved into the District's SIP and are found in portions of 

20 DCMR chapter 1 ("General") and chapter 5 ("Source Monitoring and Testing"). 

For regulating the modification and construction of major stationary sources, the District is 

subject to a PSD FIP, containing the Federal PSD permit program of 40 CFR 52.21. See 40 CFR 

52.499. The District's PSD FIP applies to all regulated New Source Review (NSR) pollutants, 

including greenhouse gases (GHG). The District has a minor NSR program found in 20 DCMR 

chapter 2, which bas been approved into the District's SIP, as identified in 40 CFR 52.470(c). 

These provisions provide for the enforcement of lead emission limits and control measures as 

described in section 11 0( a)(2)(A) and govern permitting of new and modified stationary sources 

in the District. 

EPA is not proposing to take action on the portions of this element pertaining to part C of Title I 

ofthe CAA. In addition, the requirements ofCAA section 110(a)(2)(C) pertaining to NNSR 

under part D of Title I of the CAA are outside the scope of this infrastructure SIP, and thus will 

not be addressed in this action. EPA finds that the District meets this infrastructure element for 

the 2008 lead NAAQS, or portions thereof, in accordance with the 2011 Lead Infrastructure 

Guidance. 

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Section 110(a)(2)(D)(i)(II) 

Section 110(a)(2)(D)(i)(II) requires that SIPs include provisions prohibiting any source or other 

type of emissions activity within the state from interfering with measures required to prevent 

significant deterioration of air quality, or from interfering with measures required to protect 

visibility for any other state. The construction of major sources and major modifications in the 

District are subject to the permitting requirement of the Federal PSD requirements, contained in 

the PSD FIP. The District contains no nonattainment areas for the 2008lead NAAQS (See 40 

CFR 81.309), and therefore has no NNSR program specific to lead in place. The Federal PSD 

permitting program contains the necessary provisions to prohibit major sources in the District 

from interfering with measures required to be in another state's SIP to prevent significant 

deterioration of air quality. However, the District SIP continues to be deficient with respect the 

PSD requirements, thus EPA is not acting on the portion of this element related to part C of Title 

I ofthe CAA. 

With regard to the visibility requirement, EPA expects significant impacts from lead emissions 

from stationary sources to be limited to short distances from the source and most, if not all, lead 

stationary sources are located at distances from Class I areas, such that visibility impacts from 

lead would be negligible. See the 2011 Lead Infrastructure Guidance. Furthermore, when EPA 

evaluated the extent that lead could impact visibility, lead-related visibility impacts were found 

to be insignificant (e.g., less than 0.10%). See Analysis by Mark Schmidt, OAQPS, "Ambient 

Pb's Contribution to Class 1 Area Visibility Impairment," June 17, 2011. Therefore, the 

visibility related requirement of CAA section 11 O(a)(2)(D)(i)(II) is not required to be addressed 

with respect to the 2008 lead NAAQS. Regardless, in its submittal the District stated that it does 

not contain any Class I areas or any lead sources located at a short distance (over 50 miles) from 

the closest Class I area. Additionally, the District's Regional Haze Program SIP, containing 

provisions for the control of visibility impairment, was approved by EPA on February 2, 2012 

(77 FR 5191). 

Based upon EPA's review of the submittal and based upon the 2011 Lead Infrastructure Guidance, 

EPA determines that the District has met its obligations pursuant to 11 O(a)(2)(D)(i)(ll) for the 

visibility protection portion. 

5. Section 110(a)(2)(D)(ii): Interstate and international transport provisions 

This element requires the SIP to contain adequate provisions that comply with the applicable 

requirements of sections 115 and 126 of the CAA. Section 126(a) of the CAA directs each SIP 

to include provisions requiring a new or modified source to notify neighboring states of potential 

impacts from the source. The District relies on the FIP of the Federal PSD program described on 

40 CFR 52.21. The Federal program contains, in 40 CFR 52.21(q), provisions for adequately 

providing notification of affected state and local air agencies. The PSD FIP fully addresses the 

notification requirement under CAA 126(a). However, the District SIP continues to be deficient 

with respect the PSD requirements, thus EPA is not act.ing on the portion ofthis sub-element 

related to part C of Title I of the CAA. 

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interest provisions to satisfy section 128 of the CAA ( 49 FR 22810, June 1, 1984 ), as codified in 

40 CFR 52.470(e). On July 18, 2013, DDOE submitted a separate SIP revision that addresses 

the requirements of CAA sections 128 and 11 O(a)(2)(E)(ii) for all NAAQS in relation to State 

Board requirements. Specifically, the revision consists of updating the existing provisions in the 

District SIP which satisfy the obligations under CAA section 128 and 110(a)(2)(E)(ii). DDOE 

states that the relevant section 128 requirements are currently found in Chapter 11A 

"Government Ethics and Accountability" of Title I "Government Organization" of the District of 

Columbia Official Code (2012 Supp.), which the District through DDOE is requesting EPA to 

approve as part ofthe District's SIP. EPA discusses the District's submission on State Board 

requirements including Sections 1-1161.01 , 1-1162.23, 1-1162.24, and 1-1162.25 ofthe District 

of Columbia Official Code in Section B of this TSD. EPA finds that the measures in these 

provisions (Sections 1-1161.01, 1-1162.23, 1-1162.24, and 1-1162.25 of the District of Columbia 

Code) are adequate specifically to meet the infrastructure requirements of CAA section 

110(a)(2)(E)(ii) for the 2008lead NAAQS. EPA's review and determination that these sections 

meet section 128 requirements are discussed in detail in Section B of this document. 

Section 110(a)(2)(E)(iii) 

The District does not rely on local or regional entities for carrying out any SIP obligations, so it 

maintains the responsibility for ensuring adequate implementation of the provisions in the SIP. 

EPA finds that District satisfies the requirements of CAA sections 11 0( a)(2)(E)(i), (E)(ii), and 

(E)(iii) for the 2008 lead NAAQS, in accordance with the 2011 Lead Infrastructure Guidance. 

7. Section 110(a)(2)(F): Stationary source monitoring and reporting 

The requirements for source monitoring, recordkeeping, and reporting are found in the following 

SIP-approved provisions, identified in 40 CFR 52.470(c): 20 DCMR chapter 5 ("Source 

Monitoring and Testing"), sections 500 ("Records and Reports"), 501 ("Monitoring Devices"), 

and 502 ("Sampling, Tests, and Measurements"). Monitoring requirements to determine 

compliance of stationary sources with respect to the 2008 lead NAAQS are provided in 20 

DCMR chapter 2 ("General and Nonattainment Area Permits") and 20 DCMR chapter 3 

("Operating Permits and Acid Rain Programs"), portions of which are in the District SIP, in 40 

CFR 52.4 70( c). 

DDOE submits annually point source emissions inventory data to EPA, including lead emissions 

data, through the Emissions Inventory System, in accordance with 40 CFR part 51, subpart A 

("Air Emissions Reporting Rule"). Also in accordance with EPA regulations at 40 CFR part 51, 

subpart A and subpart Q ("Reports"), DDOE analyzes the emissions data, and correlates such 

data with the applicable emissions limitations or standards. All reports are available to the public 

through the District's normal administrative procedures, such as under the District's Freedom of 

Information Act (DC-FOIA) (D.C. Official Code section 2-531 et seq.). EPA finds that the 

District has met the requirements of CAA section 11 O(a)(2)(F) pursuant to the 2011 Lead 

Infrastructure Guidance. 

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necessary for adequacy when, if ever, EPA finds the SIP is substantially inadequate to attain the 

NAAQS which it implements, or to otherwise comply with any additional requirements 

established under the CAA. EPA finds that the District has met the requirements of section 

110(a)(2)(H) in accordance with the 2011 Lead Infrastructure Guidance. 

10. Section 110(a)(2)(1): Nonattainment area plan or plan revision under part D 

No submittal was provided for this element. As noted above, EPA does not expect infrastructure 

SIP submissions to address this element. Nonattainment area plans required under part D of 

Title I of the CAA are required on a different schedule from the CAA section 110(a)(2) 

infrastructure elements and, thus, will be reviewed and acted upon through a separate process. 

11. Section 110(a)(2)(J): Consultation with government officials, public notification, PSD, 

and visibility protection 

This element requires the state to comply with the applicable requirements of section 121, 

section 127, and part C of Title I ofthe CAA. Consistent with the requirements of section 121 of 

the CAA, the District provides a process of consultation with general purpose local governments, 

designated organizations of elected officials of local governments, and federal land managers. 

Under sections 5(a)(3) of the District of Columbia Air Pollution Control Act of 1984 (D.C. Law 

5-165, D.C. Official Code section 8-101 et seq.), the District's Major is authorized to advise, 

cooperate, and enter into agreements with the government and agencies of any state or political 

subdivision adjacent to the District and any interstate or other regional agency representing these 

states or political subdivisions to establish cooperative effort and mutual assistance for the 

prevention and control of air pollution and the enforcement oftheir respective air pollution laws. 

In accordance with CAA section 127, the District's procedures for public notification have been 

approved into the SIP (June 1, 1984, 49 FR 22810), as codified in 40 CPR 52.470(e) and 

52.415(c)(23). Accordingly, the public is regularly notified of and educated aboutNAAQS 

exceedances, including daily reports of air quality, through MWAQC. MWAQC is an 

organization that has been certified by the Governors of Maryland and Virginia and the District's 

Mayor, under section 174 ofthe CAA, and includes representatives oflocal governments and 

agencies, and its partners. 

As discussed previously, the Distnct relies on the Federal PSD program requirements of 40 CPR 

52.21. EPA is not taking action on this element with respect to the PSD requirement under part 

C of Title I of the CAA. 

The District did not provide a submittal for the visibility requirement of this element. 

Nevertheless, as stated in the 2011 Lead Infrastructure Guidance, EPA would not expect to treat 

the visibility protection provision of this element as applicable for purposes of the infrastructure 

SIP approval process for the 2008 lead NAAQS. EPA recognizes that states are subject to 

visibility protection and regional haze program requirements under part C of Title I of the CAA 

(which includes sections 169A and 169B). However, in the event of the establishment of a new 

11 
14. Section 110(a)(2)(M): Consultation and participation by affected local entities 

In the submittal, the District identified that MW AQC, which includes representatives of local 

governments and agencies, participates in developing and implementing the District's air quality 

program. The authority of MW AQC is derived from the certifications made by the Governors of 

Maryland and Virginia and the Mayor of the District pursuant to section 174 of Title I of the 

CAA. The District's Mayor authorized MW AQC to carry out planning requirements under the 

CAA through a certification letter dated November 7, 1991. See Attachment 2 ofthe District's 

July 18, 2013 SIP submittal. In accordance with 40 CFR 51.240, the District identifies the 

specific responsibilities of the participating organizations in each SIP revision, and refers to the 

related agreements among the organizations. 

The District's policies and procedures for consultation and public participation, including 

participation of local political subdivisions, are specified in section 6 of the District of Columbia 

Administrative Procedure Act (D.C. Official Code, section 2-505). Under these provisions, the 

District provides notice of SIP revisions, provides the opportunity to submit written comments, 

and allows the public the opportunity to request a public hearing, in accordance with EPA's 

requirements for public hearings at 40 CFR part 51.102. 

EPA finds that the District has met the requirements of this element (11 O(a)(2)(M)) per the 2011 

Lead Infrastructure Guidance. 

B. State Board Requirements 

As discussed above for CAA section 110(a)(2)(E)(ii) for the 2008lead NAAQS, on July 18, 

2013, DDOE submitted a SIP revision that addresses the requirements ofCAA sections 128 and 

110(a)(2)(E)(ii) for all NAAQS in relation to State Board requirements. The revision consists of 

updating the existing provisions in the District SIP which satisfy the obligations under CAA 

section 128 and 110(a)(2)(E)(ii). In the SIP revision submittal, DDOE states that the relevant 

section 128 requirements are currently found in Chapter 11A "Governrtlent Ethics and 

Accountability" of Title I "Government Organization" of the District of Columbia Official Code 

(2012 Supp.), which the District through DDOE is requesting EPA to approve as part ofthe 

District's SIP. The SIP revision consists of incorporating into the SIP specific provisions of 

Title I, Chapter 11A of the District of Columbia Official Code. These provisions supersede the 

section 128 provisions previously approved in the SIP, and DDOE requests as part of this SIP 

revision the removal of the prior provisions which addressed section 128 requirements from the 

District's SIP. See 49 FR 22810, as codified in 40 CFR 50.470(e). The conduct ofthe DDOE 

Director, and that ofhis employees, is currently subject to the requirements of Title I, Chapter 

11 A of the District of Columbia Official Code. All District employees are required to follow the 

laws in Title I, Chapter 11A of the District of Columbia Office Code regarding employee 

conduct. 

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State Boat:ds. lt is recommended that a rulemaking be prepared approving the District's 

submittals for the infrastructure requirements identified above for the 2008 lead NAAQS and the 

section 128 requirements. 

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