UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	April 21, 2010

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

			/s/

FROM:	Rose Quinto, Environmental Engineer

Office of Air Program Planning

TO:		File

			/s/

THRU: 	Cristina Fernandez, Associate Director

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 of 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.

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/m3 based on a 3-year average of the 98th
percentile of 24-hour concentrations.  

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 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.  This
action also does not address the requirements of 110(a)(2)(D)(i), which
have been addressed by a separate finding issued by EPA on April 25,
2005 (70 FR 21147).  

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, this
technical support document discusses only those elements which were the
subject of EPA’s 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 Part C permit
programs for the 1997 8-hour ozone and PM2.5 NAAQS, EPA recognized that
such requirement has already been addressed by a Federal Implementation
Plan (FIP) that remains in place, 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 PM2.5 NAAQS in this action.

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/m3 to 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.

C.  EPA REQUIREMENTS

As discussed above, for the 1997 8-hour ozone and 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,
guidance is provided for satisfying the section 110(a)(2)(D)
requirements for the 2006 PM2.5 NAAQS, as well as guidance for
satisfying the section 110(a)(2)(G) requirements that addresses both the
1997 and 2006 PM2.5 NAAQS.  EPA notes, however, that the requirements
under 110(a)(2)(D)(i) are being addressed separately and are not
included in this action. 

D.  STATE’S SUBMITTAL 

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 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) 

For the 1997 8-hour ozone NAAQS, enforceable emission limits, control
measures, fees, and compliance schedules are contained in the
District’s reasonable further progress (RFP) and attainment
demonstration SIP revision that was submitted to EPA on June 12, 2007. 
These limits, measures, and fees are also found in those provisions of
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).

For the 1997 PM2.5 NAAQS, the pertinent emission limitations and
schedules are contained in the District’s PM2.5 attainment
demonstration SIP revision that was submitted to EPA on April 2, 2008. 
The requirements for section 110(a)(2)(A) for both the 1997 and the 2006
PM2.5 NAAQS, are also 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

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).

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 

	58 and in accordance with section 105 grant commitment, sub-objective
1.1.1.

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). 

To address the prevention of significant deterioration (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.

 

The requirements of section 110(a)(2)(C) that pertains to a permit
program in Part D Title I of the CAA will be addressed separately and
are not included in this action.

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

	The requirements of section 110(a)(2)(D)(i) will be addressed
separately and are not included in this action.  

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

The District is not subject to the requirements of sections 126 and 115
of the CAA.

6.  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 and 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.

7.  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.).

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

Statutory authority is 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).

On September 22, 2008, the District submitted a certification of
classification as a priority III emergency episode plan region.  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/m3 threshold, therefore, the
District is not required to adopt an emergency episode plan for PM2.5.
(See Table 1).

Table 1.  PM2.5 Monitoring Data in µg/m3 for 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) 

		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 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.  The District 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.

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

EPA will be taking action through the process associated with the
approval or disapproval of the attainment plans.

10.  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 (MWAQC) 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.

	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)

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.

		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.

		

		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.  The District 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.  Upon request,
the District will submit current and future data relating to such
quality modeling to the Administrator.

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

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 proposed rulemaking be prepared
approving the District’s infrastructure submittals for the 1997 8-hour
ozone and PM2.5 NAAQS and the 2006 PM2.5 NAAQS. 

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