## 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

# .~,. 

# i)DD

'11'·



### :WI 

# OE

51 N Street, NE, 5th Fl., 

## Washington, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-377 J DlSllucr DEPARTMENT

OFTI-IE El\.'VIRONMENT1110(a)(2)(A)-(M) Requirements in the Current Districtof Columbia State Implementation PlanAugust 17, 2009A state implementation plan (SIP) is a planfor each state that identifies how that state will attain and/or maintain the primary and secondary nationalambient air quality standards (NAAQS). The SIP is a complex,living document containing regulations, source-specific requirements, non-regulatoryitems such as plans and inventories, andin some cases additional requirements promulgated by the U.S. Environmental ProtectionAgency (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 federallyenforceable SIP for the District of Columbia iscompiled in 40 CFR Part 52 Subpart J.Many of the miscellaneous requirements ofSection 110(a)(2)(A)-(M) of the Clean AirAct (CAA) relevant to the 2006 PM2.5 DailyNAAQS arealready contained in the District of Columbia’s current SIP or SIP revisions which have been submitted to EPA. The following table summarizeswhere these requirements of Section 110(a)(2)(A)-(M) are addressed in the District of Columbia’s current SIP or SIP revisions which have beensubmitted to EPA.Section 110(a) ElementSummary of ElementProvisions in the CurrentDistrict of Columbia SIP§110(a)(2)(A) Include enforceable emission limitations and other controlmeasures, means, or techniques (including economicincentives such as fees, marketable permits, and auctions ofemissions rights), as well as schedules and timetables forcompliance as may be necessary or appropriate to meet theapplicable requirements of this Act.Enforceable emissions limits, control measures, fees, andcompliance methods are found in those provisions of 20 DCMRChapters 2, 3, and 6 through 10, which are in the District’sapproved SIP and listed in 40 CFR 52.470(c).§110(a)(2)(B)Provide for establishment and operation of appropriatedevices, methods, systems, and procedures necessary tomonitor, compile, and analyze data on ambient air quality,and upon request, make such data available to theAdministrator;The District Department of the Environment (DDOE) maintainsand operates a multi-station PM2.5 network to measure ambientPM2.5 levels within District of Columbia for comparison to thenational ambient air quality standard (NAAQS) as required by40 CFR Part 58. PM2.5 monitoring is currently performed atvarious locations throughout the District of Columbia. All dataare measured using U.S. Environmental Protection Agency(EPA) approved methods as either Reference or Equivalentmethods; all monitors are subjected to the quality assurancerequirements of 40 CFR Part 58, Appendix A; and all samplersare located at sites that have met the minimum requirements ofPart 58, Appendix E. The data are submitted to the EPA's AirQuality System (AQS), in a timely manner in accordance to theschedule prescribed by the EPA in 40 CFR Part 58 and in2Section 110(a) ElementSummary of ElementProvisions in the CurrentDistrict of Columbia SIPaccordance with the Section 105 grant commitment (subobjective 1.1.1). In order to keep EPA informed of changes tothe sampling network, DDOE provides EPA Region III withprior notification of any planned changes to the network. Asneeded, details of these changes and anticipated approvals of thechanges are communicated to EPA. On an annual basis, DDOEsends EPA a summary table of all the changes to the network.This summary also provides for a description of each change,the reason for each change, and any other information relevantto the change. DDOE submits data to the AQS system in atimely manner, pursuant to the schedule prescribed by the EPAin 40 CFR Part 58.§110(a)(2)(C) Include a program to provide for the enforcement of themeasures described in subparagraph (A) and regulation ofthe modification and construction of any stationary sourcewithin the areas covered by the plan as necessary to assurethat national ambient air quality standards are achieved,including a permit program as required in Part D.The elements for the program for enforcement are found in thoseprovisions of 20 DCMR Chapters1 and 5 and 20 DCMR 302.2,as well as the monitoring, recordkeeping, and reportingrequirements for sources in the control measure regulations of20 DCMR Chapter 2, 3 and 6 to 10 that are in the approved stateimplementation plan (SIP) and listed in 40 CFR 52.470(c).§110(a)(2)(D) Contain adequate provisions:(ii) insuring compliance with the applicablerequirements of sections 126 and 115 (relating to interstateand international pollution abatement);(ii) The District is not currently subject to requirements undersections 115 and 126.§110(a)(2)(E)Provide:(i) necessary assurances that the state (or, except wherethe Administrator deems is appropriate, the general purposelocal government or governments, or a regional agencydesignated by the state or general purpose localgovernments for such purpose) will have adequatepersonnel, funding, and authority under state (and, asappropriate, local) law to carry out such implementationplan (and is not prohibited by any provision of federal orstate law from carrying out such implementation plan orportion thereof);(ii) requirements that the state comply with therequirements respecting state boards under section 128, and(i) The District assures EPA that it has adequate authorityunder the District of Columbia Air Pollution Control Act of1984, effective March 15, 1985 (D.C. Law 5-165, D.C. OfficialCode §8-101et seq.)to carry out its state implementation plan(SIP) obligations with respect to the PM2.5 standards and torevise the SIP as necessary. The primary sources of funding forthe implementation of the PM2.5 requirement are the Section105 grant funds provided to DDOE, fees collected under theTitle V program, and District funding. DDOE believes that theDistrict has and will continueto have adequate funding andpersonnel to carry out the SIP with respect to PM2.5requirements. DDOE does not anticipate the need for additionalresources to carry out the planfor the PM2.5 standard beyondthose which have been utilized to date to meet other currentprogrammatic demands. DDOE is not prohibited by any District3Section 110(a) ElementSummary of ElementProvisions in the CurrentDistrict of Columbia SIP(iii) necessary assurances that, where the state has reliedon a local or regional government, agency, orinstrumentality for the implementation of any planprovision, the state has responsibility for ensuring adequateimplementation of such plan provision;law from carrying out any part of the implementation plan.(ii) Because the District does not have a board whichapproves permits or enforcementorders, this element is notapplicable.(iii) Because the District does not rely on localities for SIPimplementation, this element is not applicable.§110(a)(2)(F) Require, as may be prescribed by the Administrator:(i) the installation, maintenance, and replacement ofequipment, and the implementation of other necessary stepsby owners or operators ofstationary sources to monitoremissions from such sources,(ii) periodic reports on the nature and amounts ofemissions and emissions-related data from such sources.(iii) correlation of such reports by the state agency withany emission limitations or standards established pursuantto this Act, which reports shall be available at reasonabletimes for public inspection;(i)-(ii) The elements for the installation and maintenance ofmonitoring equipment and for periodic reporting of emissionsand emissions related data arefound in 20 DCMR 501 and 502;20 DCMR 302, 500, and 502; and 20 DCMR 302.1, as well asthe monitoring, recordkeeping, and reporting requirements forsources in the provisions of those control measure regulations of20 DCMR Chapters 2, 3 and 6 to 10 that are in the approved SIPand listed in 40 CFR 52.470(c).(iii) DDOE analyzes emissions data and correlates such datawith any applicable emission limitations or standards. Section105 grants are used to support air quality inspectors, and part oftheir process is to compare source emissions to emissionlimitations and standards. All reports are available to the publicunder the District of Columbia Freedom of Information Act(FOIA) (D.C. Official Code §2-531et seq.)§110(a)(2)(G) Provide for authority comparable to that in section 303 andadequate contingency plans to implement such authorityStatutory authority is found in section 3 of the District ofColumbia Air Pollution Control Act of 1984 effective March 25,1985 (D.C. Law 5-165) which created DCMR 401.Chapter 20 DCMR 401 was approved into the SIP by 60 CFR44431, August 28, 1995, and codified at 40 CFR 52.470(a) and(c).The District of Columbia submitted a letter to EPA onSeptember 22, 2008, which indicated that District monitorsshow that PM2.5 concentration levels the past three years havebeen well below the significant harm threshold for PM2.5. As aresult, EPA determined that theDistrict is a Class III Priority4Section 110(a) ElementSummary of ElementProvisions in the CurrentDistrict of Columbia SIPArea and is not required to adopt an emergency episode plan.§110(a)(2)(H)Provide for revision of such plan:(i) from time to time as may be necessary to takeaccount of revisions of such national primary or secondaryambient air quality standard or the availability of improvedor more expeditious methodsof attaining such standard,and(ii) except as provided in paragraph (3)(C), wheneverthe Administrator finds on the basis of informationavailable to the Administrator that the plan is substantiallyinadequate to attain the national ambient air qualitystandard which it implements, or to otherwise comply withany additional requirementsestablished under this Act;(i)-(ii) The District of Columbia will review and revise itsSIP from time to time as may be necessary to take account ofrevisions of such primary or secondary NAAQS or theavailability of improved or more expeditious methods ofattaining such standard and whenever the Administrator finds onthe basis of information available to the Administrator that theplan is substantially inadequate to attain the NAAQS which itimplements or to otherwise comply with any additionalrequirements established under the CAA. When plan revisionsare necessary, the regional planning process through theMetropolitan Washington Air Quality Committee (MWAQC) orits successors, coordinated with the transportation planningagencies, is used. The District has adequate authority under theDistrict of Columbia Air Pollution Control Act of 1984,effective March 25, 1985 (D.C. Law 5-165, D.C. official Code §8-101et seq.)to revise the SIP.§110(a)(2)(I)In the case of an implementation plan or plan revision foran area designated as a nonattainment area, the Directorshall ensure that the implementation plan or plan revisionmeets the applicable requirements of Subchapter I, Part Dof the CAA.The District assures EPA that it has adequate authority under theDistrict of Columbia Air Pollution Control Act of 1984,effective March 15, 1985 (D.C. Law 5-165, D.C. Official Code§8-101et seq.)to carry out its state implementation plan (SIP)obligations with respect to the PM2.5 standards and to revise theSIP as necessary.§110(a)(2)(J)(§121 consultation;§127 public notification)Meet the applicable requirements of section 121 (relating toconsultation), section 7421 of this title (relating to publicnotification )All SIP revisions have gone through public notice and hearing,which have allowed for comment by the public, including localpolitical subdivisions. DDOE believes the public notice andhearing processes fulfill the section 121 consultation processrequirements. Furthermore, the District Department ofTransportation and the Metropolitan Washington Air QualityCommittee (MWAQC) play an important role in the attainmentand air quality planning process. The attainment plans andregulations in the approved District’s SIP specify theorganizations responsible forimplementing and enforcing airquality regulations, as codified in 40 CFR 52.470(c) and (e).The District of Columbia air quality data from the monitoringnetwork are published on EPA'sAirNow website and the annual5Section 110(a) ElementSummary of ElementProvisions in the CurrentDistrict of Columbia SIPsummary of all monitoring data, including exceedances andviolations of standards, are published on EPA's Air Quality DataMart.§110(a)(2)(K)Provide for:(i) the performance of such air quality modeling as theAdministrator may prescribe for the purpose of predictingthe effect on ambient air quality of any emissions of any airpollutant for which the Administrator has established anational ambient air quality standard, and(ii) the submission, upon request, of data related to suchair quality modeling to the Administrator;(i) The District's air quality modeling will be performed aspart of the regional SIP planning process through MWAQC orits successors.(ii) DC will continue to submit air quality modeling data aspart of its relevant submissionsdeveloped as part of the regionalplanning process through MWAQC or its successors as requiredunder sub-objective 1.1.1 of the District's Section 105 grant.Upon request, DC will submit currentand future data relating tosuch air quality modeling to the Administrator.§110(a)(2)(L) Require the owner or operator of each major stationarysource to pay to the permitting authority, as a condition ofany permit required under this Act, a fee sufficient to cover:(i) the reasonable costs of reviewing and acting uponany application for such a permit, and(ii) if the owner or operator receives a permit for suchsource, the reasonable costs of implementing and enforcingthe terms and conditions of any such permit (not includingany court costs or other costs associated with anyenforcement action), until such fee requirement issuperseded with respect to such sources by theAdministrator's approval of a fee program under Title V;(i)-(ii) Fees are collected according the Title V permitprogram which has been approved by EPA under 20 DCMR305, as codified in 40 CFR 52.740(c), Appendix A; 40 CFR Part70; and 60 FR 40101, 8/07/1995.§110(a)(2)(M) Provide for consultation and participation by local politicalsubdivisions affected by the planThere are no local political subdivisions in the District. This isdone under the normal public notice and comment procedures.Furthermore, all SIP revisions have gone through public noticeand hearing, which have allowed for comment by the public,including local political subdivisions. We believe the publicnotice and hearing processes fulfills the requirements forconsultation with local political subdivisions affected by theSIP. MWAQC is an organization that has been certified by theGovernors of Maryland and Virginia and the Mayor of theDistrict of Columbia under section 174 of the CAA and includesrepresentatives of local governments.6

# GOVERNMENT OF THE DISTRICT OF COLUMBIA

District Department of the Environment 

# ***

Air Quality Division



# MEMORANDUM 

# It

Jl

TO: George S. Hawkins

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