GOVERNMENT OF THE DISTRICT OF COLUMBIA
 

District Department of the Environment
 

Air Quality Division ***


William C. Early 

Acting Regional Administrator 

u.s. Environmental Protection Agency, Region III 8EP 21 2u09 

Mail Code 3RAOO 

1650 Arch Street 

Philadelphia, PA 

Subject:	 Information Relevant to EPA's Decision to Designate the District in Attainment of the 

2006 PM2.5 NAAQS 

Dear Mr. Early: 

This letter is being submitted to address the requirements of Section II 0(a)(2)(A)-(M) of the 

Clean Air Act (CAA) relevant to the 2006 PM2.5 national ambient air quality standards 

(NAAQS). The requirements of this section are already contained in the District of Columbia's 

current state implementation plan (SIP) or SIP revisions which have been submitted to the u.S. 

Environmental Protection Agency (EPA). 

The enclosed chart identifies those "infrastructure" requirements that we believe are already 

contained in the District's SIP, as well as those infrastructure elements that are not applicable to 

the District of Columbia. It has gone through public notice and hearing prior to submittal to 

EPA. 

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

Section 11 0(a)(2)(A)-(M). Should you have any questions or require additional information, 

please contact Cecily Beall at (202) 535-2626. 

cc: Diana Esher, Acting Director, Air Protection Division, EPA-Region 3 

Cecily Beall, Associate Director, Air Quality Division, DDOE 

'11'· .~,. i)DD

:WIOE 51 N Street, NE, 5th Fl., Washington, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-377 J DlSllucr DEPARTMENT OFTI-IE El\.'VIRONMENT 
1

110(a)(2)(A)-(M) Requirements in the Current District of Columbia State Implementation 

August 17, 2009 

A state implementation plan (SIP) is a plan for each state that identifies how that state will attain and/or maintain the pri

ambient air quality standards (NAAQS). The SIP is a complex, living document containing regulations, source-specific items such as plans and inventories, and in some cases additional requirements promulgated by the U.S. Environmental The initial SIPs for states were approved by EPA on May 31, 1972. SIPs can be revised by the state with EPA approval enforceable SIP for the District of Columbia is compiled in 40 CFR Part 52 Subpart J. Many of the miscellaneous requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) relevant to the 2006 P

already contained in the District of Columbia’s current SIP or SIP revisions which have been submitted to EPA. The folwhere these requirements of Section 110(a)(2)(A)-(M) are addressed in the District of Columbia’s current SIP or SIP rev

submitted to EPA. 

Section 110(a) Element Summary of Element Provisions in th

District of Colu

§110(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 of this Act. 

Enforceable emissions limits, contrcompliance methods are found in thChapters 2, 3, and 6 through 10, whapproved SIP and listed in 40 CFR 

§110(a)(2)(B) Provide for establishment and operation of appropriate 

devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to the Administrator; 

The District Department of the Envand operates a multi-station PM2.5 PM2.5 levels within District of Colnational ambient air quality standar40 CFR Part 58. PM2.5 monitoring various locations throughout the Diare measured using U.S. Environm(EPA) approved methods as either methods; all monitors are subjected requirements of 40 CFR Part 58, Aare located at sites that have met thPart 58, Appendix E. The data are sQuality System (AQS), in a timely schedule prescribed by the EPA in 
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Section 110(a) Element Summary of Element Provisions in th

District of Colu

accordance with the Section 105 grobjective 1.1.1). In order to keep EPthe sampling network, DDOE provprior notification of any planned chneeded, details of these changes anchanges are communicated to EPAsends EPA a summary table of all tThis summary also provides for a dthe reason for each change, and any to the change. DDOE submits data timely manner, pursuant to the schein 40 CFR Part 58. 

§110(a)(2)(C) Include a program to provide for the enforcement of the 

measures described in subparagraph (A) and regulation of 

the 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 Part D. 

The elements for the program for eprovisions of 20 DCMR Chapters 1 as well as the monitoring, recordkerequirements for sources in the con20 DCMR Chapter 2, 3 and 6 to 10 implementation plan (SIP) and liste

§110(a)(2)(D) Contain adequate provisions: 

 (ii) insuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate 

and international pollution abatement); 

 (ii) The District is not currently sections 115 and 126. 

§110(a)(2)(E) Provide: 

 (i) necessary assurances that the state (or, except where the Administrator deems is appropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof);  (ii) requirements that the state comply with the requirements respecting state boards under section 128, and 

 (i) The District assures EPA thaunder the District of Columbia Air 1984, effective March 15, 1985 (D.Code §8-101 et seq.) to carry out it(SIP) obligations with respect to threvise the SIP as necessary. The prithe implementation of the PM2.5 re105 grant funds provided to DDOETitle V program, and District fundiDistrict has and will continue to hapersonnel to carry out the SIP with requirements. DDOE does not anticresources to carry out the plan for tthose which have been utilized to dprogrammatic demands. DDOE is n
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Section 110(a) Element Summary of Element Provisions in th

District of Colu

 (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 of such plan provision; 

law from carrying out any part of th (ii) Because the District does noapproves permits or enforcement orapplicable.  (iii) Because the District does noimplementation, this element is not 

§110(a)(2)(F) Require, as may be prescribed by the Administrator: 

 (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary sources to monitor 

emissions from such sources,  (ii) periodic reports on the nature and amounts of emissions and emissions-related data from such sources.  (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this Act, which reports shall be available at reasonable times for public inspection; 

 (i)-(ii) The elements for the instamonitoring equipment and for perioand emissions related data are foun

20 DCMR 302, 500, and 502; and 2the monitoring, recordkeeping, and sources in the provisions of those c20 DCMR Chapters 2, 3 and 6 to 1and listed in 40 CFR 52.470(c).  (iii) DDOE analyzes emissions dwith any applicable emission limita105 grants are used to support air qtheir process is to compare source elimitations and standards. All reporunder the District of Columbia Free(FOIA) (D.C. Official Code §2-531 

§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 sectiColumbia Air Pollution Control Ac1985 (D.C. Law 5-165) which creaChapter 20 DCMR 401 was approv44431, August 28, 1995, and codifi(c). The District of Columbia submitted September 22, 2008, which indicateshow that PM2.5 concentration levebeen well below the significant harresult, EPA determined that the Dis
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Section 110(a) Element Summary of Element Provisions in th

District of Colu

Area and is not required to adopt an 

§110(a)(2)(H) Provide for revision of such plan: 

 (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and  (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements, or to otherwise comply with any additional requirements established under this Act; 

 (i)-(ii) The District of Columbia SIP from time to time as may be nerevisions of such primary or secondavailability of improved or more exattaining such standard and whenevthe basis of information available to plan is substantially inadequate to aimplements or to otherwise comply requirements established under the are necessary, the regional planning Metropolitan Washington Air Qualits successors, coordinated with the agencies, is used. The District has aDistrict of Columbia Air Pollution effective March 25, 1985 (D.C. Law 8-101 et seq.) to revise the SIP. 

§110(a)(2)(I) In the case of an implementation plan or plan revision for 

an area designated as a nonattainment area, the Director shall ensure that the implementation plan or plan revision meets the applicable requirements of Subchapter I, Part D of the CAA. 

The District assures EPA that it has District of Columbia Air Pollution effective March 15, 1985 (D.C. Law §8-101 et seq.) to carry out its state obligations with respect to the PM2SIP as necessary. 

§110(a)(2)(J) (§121 consultation; §127 public notification) 

Meet the applicable requirements of section 121 (relating to consultation), section 7421 of this title (relating to public notification ) 

All SIP revisions have gone througwhich have allowed for comment bpolitical subdivisions. DDOE beliehearing processes fulfill the section requirements. Furthermore, the DisTransportation and the MetropolitaCommittee (MWAQC) play an impand air quality planning process. T

regulations in the approved Districtorganizations responsible for implequality regulations, as codified in 4The District of Columbia air quality network are published on EPA's Ai
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Section 110(a) Element Summary of Element Provisions in th

District of Colu

summary of all monitoring data, incviolations of standards, are publishMart. 

§110(a)(2)(K) Provide for: 

 (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and  (ii) the submission, upon request, of data related to such air quality modeling to the Administrator; 

 (i) The District's air quality modpart of the regional SIP planning prits successors. 

(ii) DC will continue to submit 

part of its relevant submissions devplanning process through MWAQC under sub-objective 1.1.1 of the DiUpon request, DC will submit curresuch air quality modeling to the Ad

§110(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 of reviewing and acting upon any application for such a permit, and  (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing 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 of a fee program under Title V; 

 (i)-(ii) Fees are collected accordprogram which has been approved 305, as codified in 40 CFR 52.740(70; and 60 FR 40101, 8/07/1995. 

§110(a)(2)(M) Provide for consultation and participation by local political 

subdivisions affected by the plan 

There are no local political subdividone under the normal public noticFurthermore, all SIP revisions have and hearing, which have allowed foincluding local political subdivisionnotice and hearing processes fulfillconsultation with local political subSIP. MWAQC is an organization tGovernors of Maryland and VirginDistrict of Columbia under section representatives of local governmen
6
GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

*** Air Quality Division 

MEMORANDUM	 It

TO:	 George S. Hawkins Jl

Director, Department of he Enviro ent 

~. FROM:	 Cecily Beall- \\ 1 (,/ 

Hearing Officer t\ 

DATE:	 September 18, 2009 

SUBJECT:	 Hearing Officer's Certification for the Public Hearing on Air Quality Control 

Measures 

This is to certify that, pursuant to the enclosed Notice of Public Hearing published in the 

Washington Times, a hearing was held at approximately 6:00 p.m. on September 17,2009 to 

give the public the opportunity to comment on the draft State Implementation Plan (SIP) 

revisions regarding certain Clean Air Act requirements under sections 11 0(a)(2)(A)-(M), 

generally referred to as the PM2.5 Infrastructure SIP. 

Cecily Beall of the Department of the Environment, Air Quality Division, represented the 

District. No one attended the public hearing. 

51 N Street, NE, 5th Fl., Washington, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-3771 
AFFIDAVIT OF PUBLICATION 

AD# 143876 

District of Columbia, ss,
 

Personally appeared before me, FAITH H. ALLBRITTON,
 

a Notary Public in and for the District of Columbia,
 

CARL S. JOHNSON, who is being duly sworn according to law, an oath says that he is
 

an AUTHORIZED AGENT of THE WASHINGTON TIMES, L.L.c., publisher of
 

Circulated daily, in the City of Washington, District of Columbia, 

and that the advertisement, of which the annexed is a true copy, was 

published in said newspaper 1 time(s) on the following dat"-<...;;;-.---'====-----­ - GOVERNMENT OF THE DISTRICT OF COLUMBIA 

2009 AUGUST 17 

at the rate of $ 2.91 per line. 

Total Cost $ 445.23 Dollars 

Subscribed and sworn to before me
 

AUGUST 17, 2009
 

Notary 

DISTRICT DEPARTMENT OF THE ENVIRONMENT NOTICE OF PUBLIC 

HEARINGON AIR QUALITY ISSUES 

Notice is hereby given that a public hearing will be held on Thursday, Sep· tember 17. 2009, at 6:00 p.m. in the 6th floor conference room at 51 N Street, 

N.E. Washington, D.C. ThiS hearing provides interested parties an opportunil'/ to comment on the District's proposed PM2.5 Infrastructure SIP, which is a written confirmation that miscellaneous "infrastructure" requirements 01 

Section 1l0(a)(2)(A)-(M) of the Clean Air Act (CAM relevant to the 2006 Fine 

Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS) are already contained in the District of Columbia's current State Implementation Plan (SIP) or SIP revisions. 

A state implementation plan (SIP) is a plan for each state that identifies ho'A 

that state will attain and/or maintain the primary and secondary national am· bient air quality standards (NAAQS). The SIP is a complex, living documenl 

containing regulations, source·specific requirements, non-regulatory item! 

such as plans and inventories, and in some cases additional requirement! 

promulgated by the U.S. Environmental Protection Agency (EPA). The initia 

SIPs for states were approved by EPA on May 31, 1972. SIPs can be revised bl 

the state with EPA approval as necessary. The federally enforceable SIP fOI 

the District of Columbia is compiled in 40 CFR Part 52 Subpart J. 

The requirements of Section 1l0(a)(2)(A)·(M) relate to: enforceable emissio. 

limits and schedules for com:rliance; monitoring, source testing and emission:

reporting; recordkeeping an reporting requirements; and permit fees. Som' 

requirements, such as those for Intergovernmental consultation and air quali· 

ty modeling are fulfilled during the development and submission of SIP attainmentplans. 

Copies of the proposed PM2.5 Infrastructure SIP are available for public reo view during normai business hours at the offices of the District Department 0

the Environment (DOGE), 51 N Street, NE, 6th Floor, Washington, D.C. 2000: 

and on·line at www.greeo,d~.

Interested parties wishing to testify at this hearinlil must submlt in writing thel names, addresses, telephone numbers and affiliation, if any to Mr. Willlaq Bolden at DOGE by 4:00 p.m., September 17. 2009. 'nte..,stcd parties may als 

submit written comments to Ms. Cecily Beall, DOGE Air Quality Division, 51 ' 

Street, NE, 6th floor, Washington, DC 20002 or by email at ~.~ci~JJ@!j,J;&<!:l

No written or email comments will be accerted after Septemoer 17. 2009. Fe more information, call Ms. Jessica Daniels a 202-741·0862 or email her at 

Lesslca.daniels.@4<;,g,qy. Ad #1438' 

Faith H. Allbritton 

Notary Public, District of Columbia 

My Commission Expire 6-14-2010 

My Commission expires