UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: March 22, 2011

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

Plan for Section 110(a)(2) Infrastructure Requirements for the 1997 8-hour Ozone 

and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality 

Standards

FROM: Rose Quinto, Environmental Engineer

Office of Air Program Planning

TO: File

THRU: Cristina Fernandez, Associate Director /s/

Office of Air Program Planning 

A. INTRODUCTION

The Environmental Protection Agency (EPA) is taking action on certain submittals made 

by the District of Columbia (the District) to meet the Clean Air Act (CAA) section 110(a)(2) 

requirements relating to the revised 1997 8-hour ozone national ambient air quality standards 

(NAAQS), the 1997 fine particulate matter (PM2.5), and the revised 2006 PM2.5 NAAQS. As 

discussed in greater detail in section E, below, in comparison to EPA’s technical support 

document (TSD) dated April 21, 2010, this TSD revises EPA’s analysis of the submissions with 

respect to section 110(a)(2)(D)(ii). 

B. BACKGROUND

1997 8-Hour Ozone and PM2.5 NAAQS

On July 18, 1997, EPA promulgated a revised NAAQS for ozone (62 FR 38856) and a 

new NAAQS for PM2.5 (62 FR 38652). The revised ozone NAAQS was based on 8-hour average 

concentrations. The 8-hour averaging period replaced the previous 1-hour averaging period, and 

the level of the NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm. The new 

PM2.5 NAAQS was established on health-based annual standards for PM2.5 of 15.0 micrograms 

per cubic meter (μg/m3) based on a 3-year average of annual mean PM2.5 concentrations and a 

24-hour standard of 65 μg/m3based on a 3-year average of the 98th percentile of 24-hour 

concentrations. 
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Whenever a new or revised NAAQS is promulgated, section 110(a) of the CAA imposes 

obligations upon States to submit State Implementation Plan (SIP) revisions that provide for the 

implementation, maintenance, and enforcement of the new or revised NAAQS within three years 

following the promulgation of such NAAQS. Although States typically have met many of the 

basic program elements required in section 110(a)(2) through earlier SIP submissions in 

connection with previous ozone and PM standards, States (including all of the Region 3 States) 

were still required to submit SIP revisions that address section 110(a)(2) for the 1997 NAAQS. 

These SIPs were due in July 2000. However, intervening litigation over the 1997 8-hour ozone 

and PM2.5 NAAQS created uncertainty about how to proceed and, as of October 2007, States had 

not submitted SIPs to meet these infrastructure requirements.

In March of 2004, Earthjustice initiated a lawsuit against EPA for failure to take action 

against States that had not made SIP submissions to meet the requirements of sections 110(a)(1) 

and (2), i.e., failure to make a “finding of failure to submit the required SIP 110(a) SIP 

elements.” On March 10, 2005, EPA entered into a Consent Decree with Earthjustice that 

obligated EPA to make official findings, in accordance with section 110(k)(1) of the CAA, as to 

whether States have made complete SIP submissions, pursuant to sections 110(a)(1) and (2), by

December 15, 2007 for the 1997 8-hour ozone NAAQS and by October 5, 2008 for the 1997 

PM2.5 NAAQS. EPA made completeness findings for the 1997 8-hour ozone NAAQS on March 

27, 2008 (73 FR 16205) and on October 22, 2008 (73 FR 62902) for the 1997 PM2.5 NAAQS. 

These findings pertained only to whether the submissions were complete, pursuant to 

110(k)(1)(A), and did not constitute EPA approval or disapproval of such submissions.

Two elements identified in section 110(a)(2) are not governed by the three year 

submission deadline of section 110(a)(1) because SIPs incorporating necessary local 

nonattainment area controls are not due within three years after promulgation of a new or revised 

NAAQS, but rather are due at the time the nonattainment area plan requirements are due 

pursuant to section 172. These elements are: 1) submissions required by section 110(a)(2)(C) to 

the extent that subsection pertains to a permit program in Part D Title I of the CAA; and 2) any 

submissions required by section 110(a)(2)(I), which pertain to the nonattainment planning 

requirements of Part D Title I of the CAA. The determinations required by the March 2005 

Consent Decree excluded any determination regarding such portion of section 110(a)(2)(C) and 

section 110(a)(2)(I); therefore, this action does not cover these specific elements for any of the 

NAAQS at issue. This action also does not address the requirements of 110(a)(2)(D)(i) for any 

of the NAAQS at issue since the requirements of 110(a)(2)(D)(i) for each of the NAAQS at issue 

have been addressed by separate findings issued by EPA. See April 25, 2005 (70 FR 21147) and 

June 9, 2010 (75 FR 32673).

With respect to the District’s obligations pursuant to CAA sections 110(a)(1) and (2) for 

the 1997 8-hour ozone and PM2.5 NAAQS, except for the portion of (C) and (J) relating to the 

Part C permit programs for the 1997 8-hour ozone and 1997 PM2.5 NAAQS, this technical 

support document discusses only those elements which were the subject of EPA’s March 27, 

2008 and October 5, 2008 completeness findings. While the completeness findings noted that 

the District failed to submit a complete SIP addressing the portion of (C) and (J) relating to the 
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Part C permit programs for the 1997 8-hour ozone and 1997 PM2.5 NAAQS, EPA recognized 

that such requirement has already been addressed by a Federal Implementation Plan (FIP) that 

remains in place (see 40 CFR 52.499), and concluded that the finding of incompleteness would 

not trigger any additional FIP obligation for the District with respect to this requirement. EPA is 

therefore including (C) and (J) relating to the Part C permit programs for the 1997 8-hour ozone 

and the 1997 PM2.5 NAAQS in this action.

EPA’s March 27, 2008 completeness findings also noted that, on or before January 7, 

2008, the District failed to submit a SP addressing sections 110(a)(2)(B), (E)(i), (F) (the public 

availability of reports), (H), and (J)(public notification under section 127). This same finding 

also notes that, on January 11, 2008, the District of Columbia submitted a SIP revision 

addressing the requirements related to sections 110(a)(2)(B), (E)(i), (F) (the public availability of 

reports), (H), and (J)(public notification under section 127). Pursuant to CAA section 110(k)(1), 

this submittal became complete by operation of law on July 11, 2008.

2006 PM2.5 NAAQS

On October 17, 2006 (71 FR 61144), EPA revised the 24-hour average PM2.5 primary and 

secondary NAAQS from 65 μg/m3to 35 μg/m3. As required by section 110(a)(1) of the CAA, 

the 110(a)(2) submittals were due within three years after promulgation of the revised standard, 

with the exception of sections 110(a)(2)(C) pertaining to Part D permit program and 110(a)(2)(I) 

for the same reasons discussed for the 1997 standard.

The District’s submittal dated September 21, 2009 addressed the requisite of 110(a)(2) 

requirements relating to the 2006 PM2.5 NAAQS. Pursuant to CAA section 110(k)(1), this 

submission became complete by operation of law on March 21, 2009.

C. EPA REQUIREMENTS

As discussed above, for the 1997 8-hour ozone and the 1997 PM2.5 NAAQS, States must 

provide SIP submissions, or provide certification that address section 110(a)(2)(A) through (M), 

with the exception of the portion of 110(a)(2)(C) pertaining to a permit program in Part D Title I 

of the CAA, 110(a)(2)(I) and (D)(i). To help States meet this statutory requirement, EPA issued 

guidance on October 2, 2007 entitled “Guidance on SIP Elements Required Under Section 

110(a)(1) and (2) for the 1997 8-Hour Ozone and PM2.5 National Ambient Air Quality 

Standards,” which listed the basic elements that States must include in their SIPs. 

On September 25, 2009, EPA issued an updated guidance document entitled Guidance on 

SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle 

(PM2.5) National Ambient Air Quality Standards (NAAQS), which clarifies, in further detail, 

expectations for certain elements to meet the requirements of sections 110(a)(1) and (2) of the 

CAA for both the 1997 and 2006 PM2.5 NAAQS. Specifically, EPA provided additional 

guidance for satisfying the section 110(a)(2)(D) requirements for the 2006 PM2.5 NAAQS, as 
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well as guidance for satisfying the section 110(a)(2)(G) requirements for both the 1997 and 2006 

PM2.5 NAAQS. EPA notes, however, that the requirements under 110(a)(2)(D)(i) for the 2006 

PM2.5 NAAQS are being addressed separately and are not included in this action. 

D. STATE’S SUBMITTALS 

The District of Columbia provided multiple submittals to satisfy the requirements of 

section 110(a)(2) of the CAA for the 1997 8-hour ozone and 1997 PM2.5 NAAQS and a submittal 

to address the 2006 PM2.5 NAAQS: submittals dated December 6, 2007 and January 11, 2008 

addressed the 110(a)(2) requirements for the 1997 8-hour ozone NAAQS; submittals dated 

August 25, 2008 and September 22, 2008 addressed the 110(a)(2) requirements for the 1997 

PM2.5 NAAQS; and submittal dated September 21, 2009 addressed the 110(a)(2) requirements 

for the 2006 PM2.5 NAAQS. These submittals addressed the following infrastructure elements, 

that EPA is proposing to approve in this action: section 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M). 

E. EVALUATION OF STATE SUBMITTAL

As noted above, the District provided multiple submittals for the 1997 8-hour ozone and 

PM2.5 NAAQS and the 2006 PM2.5 NAAQS. However, the demonstrations submitted by the 

District for how it is meeting many of the elements are substantively identical for both the ozone 

and PM2.5 NAAQS, therefore the following evaluation of each element pertains to all standards 

except as otherwise noted. 

1. Section 110(a)(2)(A)

The requirements for section 110(a)(2)(A) for both the 1997 ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS are met through 20 DCMR Chapters 2, 3, and 6 through 10 which 

are in the District’s approved SIP and listed in 40 CFR 52.470(c).

District of Columbia Municipal Regulations (DCMR), Title 20 – Environment

Chapter 2 – General and Nonattainment Area Permits

Chapter 3 – Operating Permits

Chapter 6 – Particulates

Chapter 7 – Volatile Organic Compounds

Chapter 8 – Asbestos, Sulfur and Nitrogen Oxides
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Chapter 9 – Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants

Chapter 10 – Nitrogen Oxides Emissions Budget Program

For the 2006 PM2.5 NAAQS, the District certified that its SIP meets the requirements of 

section 110(a)(2)(A). This SIP revision went to public notice and hearing before submitting to 

EPA.

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 110(a)(1). 

Nevertheless, the District of Columbia may have included some previously EPA-approved SIP 

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

compliance with the requirements of sections 110(a)(1) and (2) of the CAA. For the purposes of 

this action, EPA has reviewed certain District’s 110(a)(2) submittals, 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 110(a)(2).

2. Section 110(a)(2)(B)

The District has made the necessary submittals documenting that it has established and 

currently operates appropriate devices, methods, systems, and procedures necessary to monitor, 

compile, and analyze data on ambient air quality, and upon request, makes such data available to 

the Administrator. (See submittals dated January 11, 2008, August 25, 2008, and September 21, 

2009).

 The District maintains and operates multi-station ozone and PM2.5

networks to measure ambient ozone and PM2.5 levels within the District

for comparison to the NAAQS as required by 40 CFR part 58. Ozone and 

PM2.5 monitoring is currently performed at various locations throughout 

the District.

 All data for ozone and PM2.5 are measured using EPA approved methods 

as either reference or equivalent monitors, all monitors are subjected to the 

quality assurance requirements of 40 CFR part 58, Appendix A; and all 

samples are located at the sites that have met the minimum citing 

requirements of 40 CFR part 58, Appendix E. The data are submitted to 

EPA’s Air Quality System (AQS), in a timely manner in accordance to the 

scheduled prescribed by EPA in 40 CFR part and in accordance with 

section 105 grant commitment, sub-objective 1.1.1.
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 In order to keep EPA informed of changes to the sampling network, the 

District Department of the Environment (DDOE) provides EPA Region III 

with prior notification of any planned changes to the network. As needed, 

details of these changes and anticipated approvals of the changes are 

communicated to EPA. On an annual basis, DDOE sends EPA a summary

table of all the changes to the network. This summary also provides for 

the description of each change, the reason for each change, and any 

information relevant to the change. DDOE submits data to the AQS, in a 

timely manner, pursuant to the scheduled prescribed by EPA in 40 CFR 

part 58.

3. Section 110(a)(2)(C)

The program for enforcement and control measures is found in 20 DCMR Chapters 1 and 

5, and 20 DCMR 302.2. Monitoring, recordkeeping, and reporting requirements for sources in 

the control measure regulations of 20 DCMR Chapters 2, 3, and 6 through 10 are part of the 

District’s approved SIP that is listed in 40 CFR 52.470(c). 

As discussed above, through its March 27, 2008 and October 5, 2008 completeness 

findings, EPA stated that the District failed to submit a complete SIP addressing the portion of 

(C) and (J) relating to the Part C permit programs for the 1997 8-hour ozone and 1997 PM2.5

NAAQS; however, EPA recognized that such requirement has already been addressed by a 

Federal Implementation Plan (FIP) that remains in place (see 40 CFR 52.499), and concluded 

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

with respect to this requirement. Therefore, to address the prevention of significant deterioration 

(PSD) requirement of this element for the 1997 ozone and PM2.5 NAAQS and the 2006 PM2.5 

NAAQS, the District is already subject to a FIP for a PSD permit program pursuant to 40 CFR 

52.499. As a result of being subject to this FIP, the District achieves important objectives of 

EPA’s Part C permitting programs including consideration of NOx as a precursor for ozone, 

correct use of PM10 as a surrogate for PM2.5, and the regulation of greenhouse gas emissions 

consistent with EPA regulations.

The requirements of section 110(a)(2)(C) that pertains to a permit program in Part D Title 

I of the CAA are outside of the scope of the 110(a)(2) requirements addressed through this action 

and will be addressed separately, therefore, this subset of 110(a)(2)(C) requirements are not 

included in this action.

4. Section 110(a)(2)(D)(ii)

The original TSD stated that the District is not subject to the requirements of sections 126 

and 115 of the CAA. However, a correction is necessary to clarify that although the District is 

subject to CAA section 126, the District has demonstrated that it has met its obligations pursuant 

to CAA section 126(a) and it has no currently pending obligations pursuant to CAA Section 
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126(b). As stated above, the District is subject to a FIP for a PSD permit program. Furthermore, 

the District has made the necessary submittals to demonstrate that the District has adequate 

provisions insuring future compliance with the requirements of sections 126 and 115 of the CAA 

as may be necessary. 

5. Section 110(a)(2)(E)

The District has adequate authority under the District of Columbia Air Pollution Control 

Act of 1984, effective March 15, 1985 (D.L. Law 5-165, D.C. Official Code, section 8-101 et 

seq.) to carry out its SIP obligations with respect to the 1997 8-hour ozone, the 1997 PM2.5 

NAAQS, and the 2006 PM2.5 NAAQS, and to revise the SIP as necessary. The primary sources 

of funding for the implementation of the 1997 8-hour ozone and PM2.5 NAAQS, and the 2006

PM2.5 NAAQS, are the section 105 grants funds provided to DDOE, fees collected under the 

Title V program, and District funding. The District has adequate funding and personnel to carry 

out SIP revisions with respect to the 1997 8-hour ozone and PM2.5 NAAQS, and the 2006 PM2.5 

NAAQS. In addition, the District does not have any board which approves air quality permits or 

enforcement orders, and does not rely on localities for specific SIP implementation.

6. Section 110(a)(2)(F)

Specific monitoring requirements that apply to the ozone and PM2.5 NAAQS are found in 

20 DCMR 501 and 502; 20 DCMR 302, 500, and 502; and DCMR 302.1; as well as 

monitoring, recordkeeping, and reporting requirements for sources in 20 DCMR Chapters 2, 3, 

and 6 through 10. These requirements are included in the District’s SIP revisions and codified in 

40 CFR 52.470(c).

DDOE analyzes emissions data and correlates such data with applicable emission 

limitations or standards. Section 105 grants are used to support air quality inspectors, and part of 

their process is to compare source emissions to emission limitations and standards. All reports 

are available to the public under the District of Columbia Freedom of Information Act (FOIA) 

(D.C. Official Code Section 2-531 et seq.).

7. Section 110(a)(2)(G)

DC has basic emergency episode authority analogous to CAA Section 303; such statutory

authority may be found in section 3 of the District of Columbia Air Pollution Control Act of 

1984, effective March 25, 1985 (D.C. Law 165) which created DCMR 401. DCMR 401 –

Emergency Procedures, was approved into the SIP on August 28, 1995 (60 FR 44431) and 

codified at 40 CFR 52.470(c).

In order to address the 110(a)(2)(G) requirement relating to “adequate contingency plans,” on 

September 22, 2008, the District submitted a certification of classification as a priority III 
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emergency episode plan region. This certification went to public notice and hearing before 

submitting to EPA. On September 21, 2009, the District submitted the 110(a)(2) requirements 

for the 2006 PM2.5 NAAQS that went to public notice and hearing, which included this 

September 22, 2008 letter. This submission is consistent with the recommendations set forth in 

EPA’s September 25, 2009 memorandum issued by William T. Harnett, Director, 

OAQPS/AQPD, entitled “Guidance on SIP Elements Required Under sections 110(a)(1) and (2) 

for the 2006 24-Hour fine Particle (PM2.5) National Ambient air Quality Standards (NAAQS).” 

With respect to the requirement that states have adequate contingency plans as part of their SIPs, 

this guidance recommended that unless the state had monitored ambient values above a specific 

level, no contingency plan would be necessary.

 In accordance with the above cited guidance, the requirement for a State to submit an 

emergency episode plan is based on a priority region classification. States with a 24-hour PM2.5

concentration above 140.5 μg/m3, using the most recent three years of data, are required to 

develop an emergency episode plan. States that do not meet this threshold would be classified as 

priority III and would not be required to adopt an emergency episode plan for PM2.5. PM2.5

monitors in the District show that PM2.5 concentration levels for the past three years are below 

the 140.5 μg/m3threshold. (See Table 1). Therefore, in accordance with EPA guidance, the 

District has certified through a SIP revision that it has appropriate general emergency powers to 

address PM2.5 –related episodes and that it is not specifically required to submit an emergency 

episode plan and contingency measures for PM2.5 at this time given monitored PM2.5 levels. In

accordance with the above cited guidance, the District has met its the statutory obligations to 

provide adequate contingency plans to implement the authority that it has that is comparable to 

that in CAA section 303 and the District is not, at this time, required to adopt any additional 

emergency episode plan for PM2.5. 

Table 1. PM2.5 Monitoring Data in μg/m3for the Past Three Years

(98th Percentile for the Year) for the District of Columbia

Monitor 2005 2006 2007

River Terrace 36.2 35 32.8

Haines Point 36.4 33 28.7

McMillan 34.4 33.2 32.4

8. Section 110(a)(2)(H)

Through the above cited submissions, the District has demonstrated that it has adequate 

authority under the District of Columbia Air Pollution Act of 1984, effective March 25, 1985 

(D.C. Law 5-165, D.C. official Code §8-101 et seq.) to revise the SIP. These submissions also 

provide EPA with adequate assurances that the District will review and revise its SIP from time 

to time as may be necessary to take into account revisions of such primary or secondary NAAQS 

or the availability of improved or more expeditious methods of attaining such standard and 

whenever the Administrator finds on the basis of information available to the Administrator that 

the plan is substantially inadequate to attain the NAAQS which it implements or to otherwise 
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comply with any additional requirements established under the CAA. When plan revisions are 

necessary, the regional planning process through the Metropolitan Washington Air Quality

Committee (MWAQC) or its successors, coordinated with the transportation planning agencies, 

is used. 

9. Section 110(a)(2)(J)

All the District’s SIP revisions have gone through public notice and hearing that allowed 

the public (including local political subdivisions) to comment. The District Department of 

Transportation and the Metropolitan Washington Air Quality Committee are part of the 

attainment and air quality planning process. The attainment plans and regulations in the 

approved District’s SIP revisions specify the organizations responsible for implementing and 

enforcing air quality regulations. 

To address the PSD requirement of this element for both the ozone and PM2.5 NAAQS, 

the District is subject to a FIP for a PSD permit program pursuant to 40 CFR 52.499. Please see 

the previous and related discussion pertaining to the District’s compliance with the similar 

portion of Section 110(a)(2)(C).

The District of Columbia air quality data from the monitoring network for ozone and 

PM2.5 are published in EPA’s AirNow website and the annual summary of all monitoring data, 

including exceedances and violations of standards, are published on EPA’s Air Quality Data 

Mart. The Air Quality forecast is published on the District Department of the Environment 

website. These data are also submitted to the Council of Governments as part of the Ozone 

Action Day process.

11. Section 110(a)(2)(K)

Through the submissions referenced above, the District has demonstrated that it: 1) has the 

authority and technical capability to conduct air quality modeling, or that the District participates 

with a group of states to conduct air quality modeling, in order to assess the effect on ambient air 

quality of relevant pollutant emissions; and 2) can provide relevant data as part of the permitting 

and NAAQS implementation processes. 

As an example of the exercise of such authority and technical capability, the District 

submitted SIP revisions on June 12, 2007 for the 1997 8-hour ozone pertaining to the base year 

inventory, RFP plan, and attainment demonstration for the Washington, DC-MD-VA ozone 

nonattainment area which contained the required modeling.

As an example of the District’s participation with a group of states to conduct air quality 

modeling, for the 1997 PM2.5 NAAQS, the District’s air quality modeling was performed as part 

of the regional SIP planning process through MWAQC. The PM2.5 modeling performed by 

MWAQC was submitted as part of the District’s PM2.5 SIP submittal on April 4, 2008.
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Additionally, through the referenced submissions, the District has provided that, relevant 

to the 2006 PM2.5 NAAQS, the District’s air quality modeling will be performed as part of the 

regional SIP planning process through MWAQC or its successors. Also, the District has 

provided that it will continue to submit quality modeling data as part of its relevant submissions 

developed as part of the regional process through MWAQC or its successors as required under 

sub-objective 1.1.1 of the District’s 105 grant. The District has also provided adequate assurance 

that, upon request, the District will submit current and future data relating to such quality

modeling to the Administrator.

12. Section 110(a)(2)(L)

The District’s submissions adequately address this requirement by explaining that fees 

are collected according to the District’s approved SIP revision under 20 DCMR 305, Title V 

permit program, as codified in 40 CFR 52.740(c), Appendix A; 40 CFR part 70; and 60 FR 

40101, August 7, 1995.

13. Section 110(a)(2)(M)

There are no political subdivisions in the District. All SIP revisions undergo public notice 

and hearing that allows for comment by the public, including local political subdivisions. The 

public notice and hearing processes fulfill 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 of the District of Columbia under section 

174 of the CAA and includes representative of local governments.

F. CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of the District’s infrastructure submittals for the 1997 8-hour ozone and 

PM2.5 NAAQS and the 2006 PM2.5 NAAQS concludes that the District’s submittals meet the 

requirements of section 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 

It is recommended that a notice of a final rulemaking be prepared approving the District’s 

infrastructure submittals for the 1997 8-hour ozone, the 1997 PM2.5 NAAQS and the 2006 PM2.5 

NAAQS.