                 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 (ug/m[3]) based on a 3-year average of annual mean PM2.5 concentrations and a 24-hour standard of 65 ug/m[3] based on a 3-year average of the 98[th] 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 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 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 ug/m[3] to 35 ug/m[3].  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 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

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.

   * 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 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 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 ug/m[3], 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 ug/m[3] threshold. (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 ug/m[3] for the Past Three Years
         (98[th] 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 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.
		
		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. 



