### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103

DATE: 

### 8'1 IS/1 "2.

SUBJECT: Technical Support Document for the District ofColumbia 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 ofAir Program Planning

File

### ~ 7;..-_

### ~**o8/r~),)** CristmaFernandez, Associate Director Office ofAir Program Planning



### I. INTRODUCTION

The U.S. Environmental Protection Agency (EPA) is taking action on two submittals made by the District ofColumbia (hereafter "the District") to meet the Clean Air Act (CAA) section 110(a)(2) requirements ofthe 2008leadnational ambient air quality standards (NAAQS) and the State Board requirements ofsection 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 ofthe 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 ofa rolling 3-monthperiod (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 inJanuary 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 networkto better assess compliance with the 2008 leadNAAQS. 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

OnJuly 18, 2013, the District Department ofthe Environment (DDOE) provided two separate submittals to satisfy the requirements ofsection 110(a)(2) ofthe CAA for the 2008leadNAAQS ("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), orportions thereof. The second submittal includes specific provisions to update the District's requirements inthe 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 ofEPA's completeness finding. While the completeness finding noted thatthe District failed to submit a complete SIP addressing the portions of(C), (D) and (J) relating to part C ofTitle I ofthe CAA for the 2008 lead NAAQS, EPArecognizes that suchrequirements have already been addressed by a Federal ImplementationPlan (FIP) for the permitting program required bypart C ofTitle I ofthe CAA that remains inplace. Therefore, EPA concludes that such finding ofincompleteness would not trigger any additional FIP obligation for the District withrespect 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 whichrelate to the prevention ofsignificant deterioration (PSD) permitprogram required bypart C ofTitle I ofthe CAA.

As explained earlier, EPA does not consider SIP requirements triggered by the nonattainment
areamandates inpart D ofTitle I ofthe CAA to be governed bythe submission deadline of section 11O(a)(1). Nevertheless, the District may have included someprevious EPA-approved SIP provisions originally submitted in response to partD in its submission documenting its compliance withthe requirements ofsections 110(a)(l) and (2) ofthe CAA. Forthe purposes of this action, EPA has reviewed the District's submittal withrespect to each ofthe elements, including any rules originally submitted inresponse to partD, orreferences thereto, solely for the purposes ofdetermining whether such submittals support a finding thatthe 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 Districthas established laws andregulations applicable to the 2008 leadNAAQS that include enforceable emissions limitations and other control measures, means ortechniques, as well as schedules and timetables for compliance to meetthe applicable requirements ofthe CAA. In its submittal, the District states that such control measures are found inthe following

3a multi-pollutant site capable ofmeasuring particles, pollutant gases, metals, and meteorology. To satisfy this requirement, the District commenced operating onJanuary 1, 2012 a Federal Equivalent Method (FEM) lead monitor in its existing NCore site (AQS Site ID 11-001-0043), located onthe 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 of40 CFRpart 58. Pursuant to 40 CFR 58.10, DDOE submits an annual network planto EPAthat describes how the Districthas complied withmonitoring requirements and serves as prior notification ofany proposed changes to the monitoring sites or measurement methods. The annual networkplanprovides descriptions ofany proposed changes to the District's ambient air network, the reason for each change, and any other information relevant to the change. OnJune 27,2012, DDOE submitted the 2012 Annual Air Quality Monitoring Network Design Plan, which incorporates the installation ofthe 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 ofCAA section 110(a)(2)(B) for the 2008 lead NAAQS.



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

Elements ofthe District's enforcementprogram, including monitoring, recordkeeping, and reporting requirements, have been approved into the District's SIP and are found inportions of 20 DCMRchapter 1 ("General") and chapter 5 ("Source Monitoring and Testing").

Forregulating the modification and construction ofmajor stationary sources, the District is subject to a PSD FIP, containing the Federal PSD permitprogram of40 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 Districthas a minorNSRprogram found in 20 DCMR chapter 2, whichbas been approved into the District's SIP, as identified in 40 CFR 52.470(c). These provisions provide for the enforcement oflead emission limits and control measures as described in section 110(a)(2)(A) and governpermitting ofnew and modified stationary sources in the District.

EPA is not proposing to take action on the portions ofthis elementpertaining to part C ofTitle I ofthe CAA. In addition, the requirements ofCAA section 110(a)(2)(C) pertaining to NNSR under partD ofTitle I ofthe CAA are outside the scope ofthis infrastructure SIP, and thus will not be addressed inthis 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.

5Section 110(a)(2)(D)(i)(II)

Section 110(a)(2)(D)(i)(II) requires that SIPs include provisions prohibiting any source or other type ofemissions activity within the state from interfering with measures required to prevent significant deterioration ofair quality, or from interfering with measures required to protect visibility for any other state. The construction ofmajor sources and major modifications in the District are subject to the permitting requirement ofthe Federal PSD requirements, contained in the PSD FIP. The District contains no nonattainment areas for the 2008leadNAAQS (See 40 CFR 81.309), and therefore has no NNSRprogram specific to lead inplace. 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 ofair quality. However, the District SIP continues to be deficient withrespect the PSD requirements, thus EPA is not acting on the portion ofthis elementrelated to part C ofTitle 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, ifnot 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 AreaVisibility Impairment," June 17, 2011. Therefore, the visibility related requirement ofCAA section 11O(a)(2)(D)(i)(II) is notrequired to be addressed with respect to the 2008 leadNAAQS. 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 ofvisibility impairment, was approved byEPA onFebruary 2, 2012 (77 FR 5191).

Based upon EPA's review ofthe submittal and based upon the 2011 Lead Infrastructure Guidance, EPA determines that the District has met its obligations pursuantto 11O(a)(2)(D)(i)(ll) for the visibility protection portion.

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

This elementrequires the SIP to contain adequate provisions that comply with the applicable requirements ofsections 115 and 126 ofthe CAA. Section 126(a) ofthe CAA directs each SIP to include provisions requiring a new or modified source to notify neighboring states ofpotential impacts from the source. The Districtrelies onthe FIP ofthe Federal PSD program described on 40 CFR 52.21. The Federal program contains, in 40 CFR 52.21(q), provisions for adequately providing notification ofaffected 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 onthe portion ofthis sub-element related to part C ofTitle I ofthe CAA.



### 7interest provisions to satisfy section 128 ofthe CAA (49 FR 22810, June 1, 1984), as codified in 40 CFR 52.470(e). OnJuly 18, 2013, DDOE submitted a separate SIP revisionthat addresses the requirements ofCAA sections 128 and 11O(a)(2)(E)(ii) for all NAAQS in relation to State Board requirements. Specifically, the revision consists ofupdating the existing provisions inthe 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 "GovernmentEthics and Accountability" ofTitle I "Government Organization" ofthe District of Columbia Official Code (2012 Supp.), which the Districtthrough DDOE is requesting EPAto 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 ofColumbia Official Code in SectionB ofthis TSD. EPA finds thatthe measures inthese provisions (Sections 1-1161.01, 1-1162.23, 1-1162.24, and 1-1162.25 ofthe District ofColumbia Code) are adequate specificallyto meetthe infrastructure requirements ofCAA section 110(a)(2)(E)(ii) for the 2008leadNAAQS. EPA's review and determination that these sections meet section 128 requirements are discussed in detail in SectionB ofthis document.
Section 110(a)(2)(E)(iii)

The District does not rely on local orregional entities for carrying out any SIP obligations, so it maintains the responsibility for ensuring adequate implementation ofthe provisions inthe SIP.

EPA finds that District satisfies the requirements ofCAA sections 110(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 inthe following SIP-approved provisions, identifiedin 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 ofstationary sources withrespect to the 2008 leadNAAQS are provided in 20 DCMR chapter 2 ("General andNonattainment AreaPermits") and 20 DCMR chapter 3 ("Operating Permits and Acid Rain Programs"), portions ofwhich are in the District SIP, in 40 CFR 52.470(c).

DDOE submits annually point source emissions inventory data to EPA, including lead emissions data, through the Emissions Inventory System, in accordance with 40 CFRpart 51, subpartA ("Air Emissions Reporting Rule"). Also in accordance with EPAregulations at 40 CFRpart 51, subpart A and subpart Q ("Reports"), DDOE analyzes the emissions data, and correlates such data withthe applicable emissions limitations or standards. All reports are available to the public throughthe District's normal administrative procedures, such as under the District's Freedom of Information Act (DC-FOIA) (D.C. Official Code section 2-531 

### etseq.). EPA finds that the Districthas metthe requirements ofCAA section 11O(a)(2)(F) pursuantto the 2011 Lead Infrastructure Guidance.

9necessary for adequacy when, ifever, 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 Districthas met the requirements ofsection 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 areaplans required under part D of Title I ofthe 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 elementrequires the state to comply withthe applicable requirements ofsection 121, section 127, and part C ofTitle I ofthe CAA. Consistent with the requirements ofsection 121 of the CAA, the Districtprovides a process ofconsultation with general purpose local governments, designated organizations ofelected officials oflocal governments, and federal land managers. Under sections 5(a)(3) ofthe District ofColumbia 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 authorizedto advise, cooperate, and enter into agreements with the government and agencies ofany state orpolitical subdivision adjacent to the District and any interstate or other regional agency representing these states orpolitical subdivisions to establish cooperative effort and mutual assistance for the prevention and control ofair pollution and the enforcement oftheirrespective 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 FR22810), as codified in40 CPR 52.470(e) and 52.415(c)(23). Accordingly, the public is regularly notified ofand educated aboutNAAQS exceedances, including daily reports ofair quality, through MWAQC. MWAQC is an organization that has been certified by the Governors ofMaryland 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 Distnctrelies onthe Federal PSD program requirements of40 CPR 52.21. EPA is not taking action on this element with respectto the PSD requirement under part C ofTitle I ofthe CAA.

The District did notprovide a submittal for the visibility requirement ofthis element. Nevertheless, as stated in the 2011 Lead Infrastructure Guidance, EPA would not expectto treat the visibility protection provision ofthis element as applicable for purposes ofthe infrastructure SIP approval process for the 2008 lead NAAQS. EPArecognizes that states are subject to visibility protection and regional haze program requirements under part C ofTitle I ofthe CAA (which includes sections 169A and 169B). However, in the event ofthe establishment ofa new

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### 14. Section 110(a)(2)(M): Consultation and participation by 

### affected local entities

Inthe submittal, the District identified that MW AQC, which includes representatives oflocal governments and agencies, participates in developing and implementing the District's air quality program. The authority ofMW AQC is derived from the certifications made by the Governors of Maryland and Virginia and the Mayor ofthe Districtpursuant to section 174 ofTitle I ofthe CAA. The District's Mayor authorized MW AQC to carry outplanning requirements under the CAAthrough a certification letter dated November 7, 1991. See Attachment 2 oftheDistrict's July 18, 2013 SIP submittal. In accordance with 40 CFR 51.240, the District identifies the specific responsibilities ofthe 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 oflocal political subdivisions, are specified in section 6 ofthe District ofColumbia Administrative Procedure Act (D.C. Official Code, section 2-505). Under these provisions, the District provides notice ofSIP 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 CFRpart 51.102.

EPA finds that the District has metthe requirements ofthis element (11 O(a)(2)(M)) perthe 2011 Lead Infrastructure Guidance.



### B. State Board Requirements

As discussed above for CAA section 110(a)(2)(E)(ii) for the 2008leadNAAQS, 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 inrelation to State Board requirements. The revision consists of updating the existing provisions inthe 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 "GovernrtlentEthics and Accountability" ofTitle I "Government Organization" ofthe District ofColumbia Official Code (2012 Supp.), which the District through DDOE is requesting EPA to approve as part ofthe District's SIP. The SIP revision consists ofincorporating into the SIP specific provisions of Title I, Chapter 11A ofthe District ofColumbia Official Code. These provisions supersede the section 128 provisions previously approved in the SIP, and DDOErequests as part ofthis SIP revision the removal ofthe priorprovisions which addressed section 128 requirements from the District's SIP. See 49 FR22810, as codified in 40 CFR 50.470(e). The conduct oftheDDOE Director, and that ofhis employees, is currently subjectto the requirements ofTitle I, Chapter 11A ofthe District ofColumbia Official Code. All District employees are required to follow the laws in Title I, Chapter 11A ofthe District ofColumbia Office Code regarding employee conduct.

13State Boat :ds. ltis 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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