Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations

e-CFR Data is current as of February 4, 2010

Title 40: Protection of Environment
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

Browse Previous | Browse Next

Subpart J—District of Columbia

§ 52.470   Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for the District of Columbia under section 110 of the Clean Air Act (42 U.S.C. 7401) and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The material incorporated is as it exists on the date of the approval, and notice of any change in the material will be published in theFederal Register.Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after December 1, 2008 will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region III certifies that the rules/regulations and source-specific requirements provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations and source-specific requirements which have been approved as part of the State implementation plan as of December 1, 2008.

(3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103. For further information, call (215) 814–2108; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301Constitution Avenue NW., Washington, DC 20460. For further information, call (202) 566–1742; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .

(c) EPA-approved regulations.

(d) EPA-approved State source-specific requirements.

(e) EPA-approved non-regulatory and quasi-regulatory material.

[63 FR 67417, Dec. 7, 1998]

Editorial Note:   ForFederal Registercitations affecting §52.470, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 52.471   Classification of regions.

The District of Columbia plan was evaluated on the basis of the following classifications:

[37 FR 10857, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46 FR 61263, Dec. 16, 1981]

§ 52.472   Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approves the District of Columbia's plan for the attainment and maintenance of the national standards.

(b) With respect to the transportation control strategies submitted on April 19, July 9, and July 16, 1973, the Administrator approves the measures for parking surcharge, car pool locator, vehicle inspection, express bus lanes, increased bus fleet and service, elimination of free parking by private employers, with exceptions set forth in §§52.476, 52.483, 52.486, and 52.479.

(c) With the exceptions set forth in this subpart, the Administrator approves the District of Columbia's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977.

(d) Section 710 of title 20 of the District of Columbia Regulations is approved with the following condition: Any alternative controls or exemptions under section 710.8 approved or granted by the District of Columbia are subject to a public notice and public hearing requirements and must be submitted to EPA as SIP revisions. Such alternatives or exemptions are not effective until approved as SIP revisions by EPA.

(e) [Reserved]

(f) Disapproval of revisions to the District of Columbia State Implementation Plan, District of Columbia Municipal Regulations (DCMR) Title 20, Sections 200, 201, 202, 204 and 299, pertaining to permitting of sources, and associated definitions in Section 199 submitted on June 21, 1985 and October 22, 1993 by the Mayor of the District of Columbia (1985 submittal) and by the Administrator of the District of Columbia Environmental Regulation Administration (1993 submittal). The disapproved regulations include those applicable to major new and major modified sources wishing to locate in the District. A new source review program for such major sources is required under sections 182 and 184 of the Clean Air Act. There are many deficiencies in the DCMR permitting regulations. Some of these deficiencies are the lack of public notice and comment procedures for new and modified sources applying for construction permits, the existence of a provision that allows the Mayor to grant indefinite 1-month temporary permits to those sources whose permits he/she determines have been delayed because of his/her office, the inclusion of a major source operating permit program, the inclusion of a minor source operating permit program that does not meet Part D requirements of the Act, the exemption of certain fuel burning (nitrogen oxide emitting) sources, incorrect citations of the Clean Air Act, a provision that allows circumvention of the offset requirement, and the lack of the de minimis special modification provisions required in serious and severe ozone nonattainment areas (section 182(c)(6) of the Clean Air Act).

[38 FR 33709, Dec. 6, 1973, as amended at 46 FR 61263, Dec. 16, 1981; 57 FR 34251, Aug. 4, 1992; 60 FR 5136, Jan. 26 1995; 60 FR 15486, Mar. 24, 1995; 61 FR 2936, Jan. 30, 1996]

§ 52.473   Conditional approval.

The District of Columbia's severe ozone nonattainment area SIP for the Metropolitan Washington area, which includes the 1996–1999 portion of the rate-of-progress plan submitted on November 3, 1997, and May 25, 1999 and the transportation control measures in Appendix H of the May 25, 1999 submittal, and the severe ozone attainment demonstration submitted on April 24, 1998, October 27, 1998, February 16, 2000 and section 9.1.1.2 of the March 22, 2000 submittal, is conditionally approved contingent on the District submitting a revised SIP by April 17, 2004 that satisfies certain conditions. This conditional approval also establishes motor vehicle emissions budgets for 2005 of 101.8 tons per day of volatile organic compounds (VOC) and 161.8 tons per day of nitrogen oxides (NO_X) to be used in transportation conformity in the Metropolitan Washington, DC serious ozone nonattainment area until revised budgets based upon the MOBILE6 model are submitted and found adequate. The District must submit a revised SIP by April 17, 2004 that satisfies the following conditions.

(1) Revises the 1996–1999 portion of the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the required 9 percent rate-of-progress reductions by November 15, 1999.

(2) Revises the 1999–2005 portion of the severe area rate-of-progress plan to provide MOBILE6-based mobile source emission budgets and adopted measures sufficient to achieve emission reductions of ozone precursors of at least 3 percent per year from November 15, 1999 to the November 15, 2005 severe ozone attainment date.

(3) Revises the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the ROP reductions required for the post-1999 period.

(4) Revises the Washington area severe attainment demonstration to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented for the failure of the Washington area to attain the one-hour ozone standard for serious areas by November 15, 1999.

(5) Revises the Washington area severe attainment demonstration to reflect revised MOBILE6-based motor vehicle emissions budgets, including revisions to the attainment modeling/weight of evidence demonstration and adopted control measures, as necessary, to show that the SIP continues to demonstrate attainment by November 15, 2005.

(6) Revises the Washington area severe attainment demonstration to include a contingency plan containing those measures to be implemented if the Washington area does not attain the one-hour ozone standard by November 15, 2005.

(7) Revises the Washington area severe attainment demonstration to include a revised RACM analysis and any revisions to the attainment demonstration including adopted control measures, as necessitated by such analysis.

(8) Revises the major stationary source threshold to 25 tons per year.

(9) Revises Reasonably Available Control Technology (RACT) rules to include the lower major source applicability threshold.

(10) Revises new source review offset requirement to require an offset ratio of at least 1.3 to 1.

(11) Includes a fee requirement for major sources of volatile organic compounds (VOC) and nitrogen oxides (NO_X) should the area fail to attain by November 15, 2005.

(12) Includes a revision that identifies and adopts specific enforceable transportation control strategies and transportation control measures to offset any growth in emissions from growth in vehicle miles traveled or number of vehicle trips and to attain reductions in motor vehicle emissions as necessary, in combination with other emission reduction requirements in the Washington area, to comply with the rate-of-progress requirements for severe areas. Measures specified in section 108(f) of the Clean Air Act will be considered and implemented as necessary to demonstrate attainment.

[68 FR 19131, Apr. 17, 2003]

Effective Date Note:   At 69 FR 19937, Apr. 15, 2004, §52.473 was stayed indefinitely.

§ 52.474   1990 Base Year Emission Inventory.

(a) EPA approves as a revision to the District of Columbia Implementation Plan the 1990 base year emission inventory for the Washington Metropolitan Statistical Area, submitted by Director, District of Columbia Consumer and Regulatory Affairs, on January 13, 1994 and October 12, 1995. This submittal consist of the 1990 base year stationary, area and off-road mobile and on-road mobile emission inventories in the Washington Statistical Area for the pollutant, carbon monoxide (CO).

(b) EPA approves as a revision to the District of Columbia State Implementation Plan the 1990 base year emission inventory for the District's portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Director, DCRA, on January 13, 1994. This submittal consists of the 1990 base year point, area, highway mobile, non-road and biogenic source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NO_X).

(c) EPA approves as a revision to the District of Columbia State Implementation Plan an amendment to the 1990 base year emission inventories for the District's portion of the Metropolitan Washington, D.C. ozone nonattainment area submitted by the Director, Department of Consumer and Regulatory Affairs, on November 3, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile, and non-road source emission inventories in the area for the following pollutants: volatile organic compounds (VOC), and oxides of nitrogen (NO_X).

[61 FR 2936, Jan. 30, 1996, as amended at 62 FR 19679, Apr. 23, 1997; 63 FR 36858, July 8, 1998]

§ 52.475   [Reserved]

§ 52.476   Control strategy: ozone.

(a) EPA approves as a revision to the District of Columbia State Implementation Plan the 15 Percent Rate of Progress Plan for the District of Columbia's portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Director of the District of Columbia Department of Health on April 16, 1998.

(b)–(c) [Reserved]

(d) Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Washington severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Washington severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees.

[64 FR 42602, Aug. 5, 1999, as amended at 66 FR 631, Jan. 3, 2001; 69 FR 43522, July 21, 2004; 73 FR 43361, July 25, 2008]

§ 52.477   Control strategy: Particulate matter.

Determination of Attainment. EPA has determined, as of January 12, 2009, the District of Columbia portion of the Metropolitan Washington, DC–MD–VA nonattainment area for the 1997 PM_2.5NAAQS has attained the 1997 PM_2.5NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for this area to submit an attainment demonstration and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as the area continues to attain the 1997 PM_2.5NAAQS.

[74 FR 1148, Jan. 12, 2009]

§ 52.478   Rules and Regulations.

(a) On April 8, 1993, the District of Columbia submitted a letter to EPA declaring that there are no sources located in the District belonging to the following VOC categories:

(1) Automobile and light-duty truck manufacturing;

(2) Coating of cans, coils, paper, fabric and vinyl, metal furniture, large appliances, magnet wire, miscellaneous metal parts and products, and flatwood paneling;

(3) Storage of petroleum liquids in fixed-roof tanks and external floating-roof tanks;

(4) Bulk gasoline plants and terminals;

(5) Petroleum refinery sources;

(6) Petroleum refinery equipment leaks;

(7) Manufacture of synthesized pharmaceutical products, pneumatic rubber tires, vegetable oil, synthetic organic chemicals (fugitive VOCs and air oxidation), and high density polyethylene, polypropylene and polystyrene resins;

(8) Graphic arts systems;

(9) Storage, transportation and marketing of VOCs (fugitive VOCs from oil and gas production and natural gas and gasoline processing).

(b) On September 4, 1997, the District of Columbia submitted a letter to EPA declaring that there are no sources located in the District which belong to the following VOC categories:

(1) Coating of plastic parts (business machines and other);

(2) Aerospace;

(3) Shipbuilding and repair;

(4) Automobile refinishing;

(5) Industrial wastewater;

(6) Distillation or reactor or batch processes in the synthetic organic chemical manufacturing industry;

(7) Volatile organic storage;

(8) Wood furniture coatings;

(9) Offset lithography;

(10) Clean-up solvents.

[64 FR 57781, Oct. 27, 1999]

§ 52.479   Source surveillance.

(a) [Reserved]

(b) The requirements of §51.213 are not met with respect to the strategies for carpool locator service. The remaining transportation measures in the previously federally-promulgated implementation plan have been mooted by court decision ( District of Columbia v. Costle, 567 F. 2d 1091 (D.C. Cir 1977)) or rescinded by EPA.

[46 FR 61263, Dec. 16, 1981, as amended at 51 FR 40677, Nov. 7, 1986]

§ 52.480   Photochemical Assessment Monitoring Stations (PAMS) Program.

On January 14, 1994 the District of Columbia's Department of Consumer and Regulatory Affairs submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of the District of Columbia SIP. As with all components of the SIP, the District of Columbia must implement the program as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]

§§ 52.481-52.483   [Reserved]

§ 52.484   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

(a)(1) The owner and operator of each source located within the District of Columbia and for which requirements are set forth under the Federal CAIR NO_XAnnual Trading Program in subparts AA through II of part 97 of this chapter must comply with such applicable requirements. The obligation to comply with these requirements in part 97 of this chapter will be eliminated by the promulgation of an approval by the Administrator of a revision to the District of Columbia State Implementation Plan (SIP) as meeting the requirements of CAIR for PM_2.5relating to NO_Xunder §51.123 of this chapter, except to the extent the Administrator's approval is partial or conditional or unless such approval is under §51.123(p) of this chapter.

(2) Notwithstanding any provisions of paragraph (a)(1) of this section, if, at the time of such approval of the District of Columbia's SIP, the Administrator has already allocated CAIR NO_Xallowances to sources in the District of Columbia for any years, the provisions of part 97 of this chapter authorizing the Administrator to complete the allocation of CAIR NO_Xallowances for those years shall continue to apply, unless the Administrator approves a SIP provision that provides for the allocation of the remaining CAIR NO_Xallowances for those years.

(b)(1) The owner and operator of each NO_Xsource located within the District of Columbia and for which requirements are set forth under the Federal CAIR NO_XOzone Season Trading Program in subparts AAAA through IIII of part 97 of this chapter must comply with such applicable requirements. The obligation to comply with these requirements in part 97 of this chapter will be eliminated by the promulgation of an approval by the Administrator of a revision to the District of Columbia State Implementation Plan (SIP) as meeting the requirements of CAIR for ozone relating to NO_Xunder §51.123 of this chapter, except to the extent the Administrator's approval is partial or conditional or unless such approval is under §51.123(ee) of this chapter.

(2) Notwithstanding any provisions of paragraph (b)(1) of this section, if, at the time of such approval of the District of Columbia's SIP, the Administrator has already allocated CAIR NO_XOzone Season allowances to sources in the District of Columbia for any years, the provisions of part 97 of this chapter authorizing the Administrator to complete the allocation of CAIR NO_XOzone Season allowances for those years shall continue to apply, unless the Administrator approves a SIP provision that provides for the allocation of the remaining CAIR NO_XOzone Season allowances for those years.

[72 FR 62345, Nov.2, 2007]

§ 52.485   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

The owner and operator of each SO₂source located within the District of Columbia and for which requirements are set forth under the Federal CAIR SO₂Trading Program in subparts AAA through III of part 97 of this chapter must comply with such applicable requirements. The obligation to comply with these requirements in part 97 of this chapter will be eliminated by the promulgation of an approval by the Administrator of a revision to the District of Columbia State Implementation Plan as meeting the requirements of CAIR for PM_2.5relating to SO₂under §51.124 of this chapter, except to the extent the Administrator's approval is partial or conditional or unless such approval is under §51.124(r) of this chapter.

[72 FR 62345, Nov.2, 2007]

§§ 52.486-52.497   [Reserved]

§ 52.498   Requirements for state implementation plan revisions relating to new motor vehicles.

The District of Columbia must comply with the requirements of §51.120.

[60 FR 4737, Jan. 24, 1995]

§ 52.499   Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

(b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the District of Columbia.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003]

§ 52.510   Small business assistance program.

On October 22, 1993, the Administrator of the District of Columbia Environmental Regulation Administration submitted a plan for the establishment and implementation of a Small Business Technical and Environmental Compliance Assistance Program as a state implementation plan revision (SIP), as required by title V of the Clean Air Act. EPA approved the Small Business Technical and Environmental Compliance Assistance Program on August 17, 1994 and made it part of the District of Columbia SIP. As with all components of the SIP, the District of Columbia must implement the program as submitted and approved by EPA.

[59 FR 42168, Aug. 17, 1994]

§ 52.515   Original identification of plan section.

(a) This section identifies the original “Air Implementation Plan for the District of Columbia” and all revisions submitted by the District of Columbia that were federally approved prior to July 1, 1998.

(b) The above plan was officially submitted on January 31, 1972, by the Mayor/Commissioner.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Control strategies for sulfur oxides and particulate matter were defined by the District's “Implementation Plan for Controlling Sulfur Oxide and Particulate Air Pollutants” submitted on August 14, 1970, by the District of Columbia.

(2) Addition to Permit to Construct regulation, Section 8–2:720 of the District of Columbia Control Regulations, plus miscellaneous non-regulatory revisions to the plan submitted April 28, 1972, by the District of Columbia.

(3) Particulate matter emission rate graph submitted on January 29, 1973, by the Department of Environmental Services.

(4) Plan revisions were submitted on January 29, 1973, by the Department of Environmental Services.

(5) Transportation Control Plans for the District of Columbia's portion of National Capital AQCR submitted on April 20, 1973, by the Mayor/Commissioner.

(6) Amendments to the Transportation Control Plan for the District of Columbia submitted on July 9, 1973, by the Mayor/Commissioner.

(7) Amendments to the Transportation Control Plan for the District of Columbia submitted on July 16, 1973, by the Mayor/Commissioner.

(8) Amendments to Sections 8–2:702 (Definitions) and 8–2:707, (Control of Organic Compounds), subsections (a), (b), (c), (d), (e), and (f) of the District of Columbia Air Quality Control Regulations submitted on March 22, 1974 by the Mayor/Commissioner.

(9) Amendments to Sections 8–2:704 and 8–2:705 of the District of Columbia Air Quality Control Regulations submitted on February 25, 1976 by the Mayor.

(10) Section 8–2:709 and Section 8–2:724 are amended to limit particulate emissions to .08 grains per day standard cubic foot at Solid Waste Reduction Center #1 (S.W.R.C. #1) and allow continued operation of S.W.R.C. #1 respectively; submitted July 17, 1975 by the District of Columbia.

(11) Amendments to Sections 8–2:704 (Use of Certain Fuel Oils Forbidden), 8–2:705 (Use of Certain Coal Forbidden), and 8–2:713 (Visible Emissions) of the District of Columbia Air Quality Control Regulations submitted on March 3, 1977 by the Mayor.

(12) Amendments to Sections 8–2:702 (Definitions), 8–2:708 (Fuel Burning Particulate Emission) and 8–2:720 (Permits to Construct or Modify, Permits to Operate); an amendment deleting Appendix 1 from the District of Columbia Air Quality Control Regulations submitted by the Mayor on May 25, 1978.

(13) Amendments to Sections 8–2:704 (Allowable Sulfur Content in Fuel Oil) and 8–2:705 (Allowable Sulfur Content in Coal) of the District's Air Quality Control Regulations submitted on December 27, 1978, by Mayor Walter E. Washington is hereby approved until December 31, 1980.

(14)–(15) [Reserved]

(16) Amendments to Sections 8–2:702 (Definition Changes), 8–2:708 (Performance Testing), 8–2:713 (Visible Emissions), 8–2:718 (Emission Testing), 8–2:726 (Penalties) of the District's Air Quality Control Regulations, and Section 6–812(a)(5) (Penalties) of the District of Columbia's Air Quality Control Act submitted on December 27, 1978 by Mayor Walter E. Washington.

(17) Amendments to Sections 8–2:704 (Allowable Sulfur Content in Fuel Oil) and 8–2:705 (Allowable Sulfur Content in Coal) of the District's Air Quality Control Regulations submitted on December 27, 1978, by Mayor Walter E. Washington are approved indefinitely.

(18) Amendments to Regulations I (Definitions), XXIV (Control of Volatile Organic Compounds Emissions) and XXV (Requirements for Preconstruction Review) submitted on March 19, 1980 by the Secretary, Delaware Department of Natural Resources and Environmental Control.

(19) The Plan revision entitled “Revisions to the Implementation Plan for the District of Columbia for Attainment of the National Ambient Air Quality Standards for Particulates, Oxidants and Carbon Monoxide” for all areas designated nonattainment as of March 3, 1978 and September 12, 1978 submitted on December 26, 1979 by the Mayor. Included was a request for revocation and/or revision of sections of subpart J which have been mooted by court decision ( District of Columbia v. Costle, 567 F. 2d 1091 (D.C. Cir. 1977)), Congressional action, or rescission by EPA.

(20) Inspection and Maintenance Program Amendments to the transportation control portion of the nonattainment plan were submitted by the Mayor on September 7, 1979 and May 6, 1981.

(21) Amendments to the District's Air Quality Control Regulations for control of particulate matter, carbon monoxide and ozone were submitted by the Mayor on June 23, 1981.

(22) The Washington, DC Implementation Plan for maintaining the National Ambient Air Quality Standard for lead submitted on October 7, 1982 by the Mayor.

(23) Revision for Public Notification of Air Quality, submitted on December 5, 1983.

(24) Revision for Conflict of Interest procedures, submitted on December 6, 1983.

(25) Plan revision, excluding the required vehicle emission inspection program, providing for attainment of the Ozone and Carbon Monoxide Standards, submitted by the District of Columbia on December 28, 1982 and April 15, 1983.

(26) Revision to the 1982 District of Columbia Ozone and Carbon Monoxide Attainment Plan consisting of an approvable vehicle emission inspection and maintenance program, therefore, completing all necessary requirements for attainment of the Ozone and Carbon Monoxide standards; submitted by the Mayor on May 3, 1985. See paragraph (c)(25) of this section for date of original submittal.

(i) Incorporation by reference. (A) Amendment to section 604 (Vehicle Inspection: Rejected Vehicles) of Title 18 of the District of Columbia Municipal Regulations as published in the District of Columbia Register on November 23, 1984.

(27) Revisions to the State Implementation Plan submitted by the Mayor of the District of Columbia on June 21, 1985, which define and impose RACT to control volatile organic compound emissions from engraving and plate printing sources.

(i) Incorporation by reference. (A) A letter from the Mayor of the District of Columbia dated June 21, 1985, submitting revision to the District of Columbia State Implementation Plan, and a letter from the District of Columbia Department of Consumer and Regulatory Affairs dated April 1, 1992, formally submitting additional information supplementing the June 21, 1985 submittal.

(B) Section 710 of title 20, submitted June 21, 1985 and effective March 15, 1985.

(28) Revisions to 20 District of Columbia Municipal Regulations (DCMR) pertaining to oxygenated gasoline submitted on October 22, 1993 by the District of Columbia's Department of Consumer and Regulatory Affairs.

(i) Incorporation by reference. (A) Letter of October 22, 1993 from the District of Columbia's Department of Consumer and Regulatory Affairs transmitting the oxygenated gasoline regulations.

(B) District of Columbia Register dated July 30, 1993 containing 20 DCMR chapter 1, Section 199 definitions for the terms blending plant, distributor, non-oxygenated gasoline, oxygenate, oxygenated gasoline, oxygenated gasoline control period, oxygenated gasoline control area, refiner, refinery, retailer, retail outlet, terminal, wholesale purchaser-consumer; Chapter 5, Section 500, subsections 500.4 and 500.5; chapter 5, section 502, subsection 502.18; Chapter 9, section 904, subsections 904.1 and 904.2, effective September 30, 1993.

(ii) Additional material. (A) Remainder of October 22, 1993 District of Columbia submittal.

(29)–(31) [Reserved]

(32) Revisions to the District of Columbia Regulations State Implementation Plan submitted on October 22, 1993 by the Government of the District of Columbia Department of Consumer and Regulatory Affairs.

(i) Incorporation by reference. (A) Letter of October 22, 1993 from the Government of the District of Columbia Department of Consumer and Regulatory Affairs transmitting a revised regulation which require owners of stationary sources to submit emission statements annually.

(B) D.C. ACT 10–56 amendments to District of Columbia Air Pollution Control Act of 1984, Section 20 DCMR 199, specifically the addition of new definitions, and the addition of Section 20 DCMR 500.7. Effective on September 30, 1993.

(33) [Reserved]

(34) Revisions to Title 20 the District of Columbia Municipal Regulations (DCMR) on June 21, 1985 by the District of Columbia:

(i) Incorporation by reference. (A) Letter of June 21, 1985 from the Mayor of the District of Columbia transmitting Act 5–165, representing the air pollution control regulations codified in 20 DCMR.

(B) The revised provisions of 20 DCMR, effective March 15, 1985, as described below:

( 1 ) Chapter 1—General.

Section 100  (Purpose, Scope, and Construction), subsections 100.1 through 100.5

Section 101  (Inspection), subsection 101.1

Section 102  (Orders for Compliance), subsections 102.1 through 102.3

Section 104  (Hearings), subsections 104.1 through 104.5

Section 105  (Penalty), subsections 105.1 through 105.4

Section 106  (Confidentiality of Reports), subsections 106.1 and 106.2

Section 107  (Control Devices or Practices), subsections 107.1 through 107.4

Section 199  The following definitions and abbreviations:

Definitions (Section 199.1)— Added: Affected facility, Building, structure, facility, or installation, Cartridge filter, Component, Containers and conveyers of solvent, Crude oil, Cylinder wipe, Emission unit, Federally enforceable, Flexography, Fugitive emission, Gas services, Gas services for pipeline/valves and pressure relief valves, Gravure, Heatset, Hydrocarbon, Ink, Inking cylinder, Innovative control technology, Intaglio, Leaking component, Lease custody transfer, Letterpress, Letterset, Liquid service, Necessary preconstruction, Net emission increase, Offset printing process, Offset lithography, Paper wipe, Perceptible, leak, Petroleum solvent, Plate, Printing, Printing operation, Printing Unit, Refinery operator, Refinery unit, Routing, Secondary emissions, Substrate, Vacuum still, Valves not externally regulated, Water-based solvent, Wiping solution. Revised: Air pollution, Distillate oil, Dry cleaning, Existing source, Fugitive dust, Incinerator, Loading facilities, Person, Start-up, Stationary source, Vapor tight, Wipe cleaning.

Note: Section 199 of Chapter 1 lists all of the applicable definitions and abbreviations, while Sections X99.1 and X99.2 of each chapter contain a cross-reference to definitions listed in Section 199.1 and abbreviations listed in Section 199.2.

( 2 ) Chapter 4—Ambient Monitoring and Emergency Procedures.

Section 400  (Air Pollution Reporting Index), subsection 400.1

Section 401  (Emergency Procedures), subsections 401.1 through 401.4, 401.2 through 401.8, 401.7 (duplicate) and 401.8 (duplicate)

Section 499  (Definitions and Abbreviations), subsections 499.1 and 499.2

( 3 ) Chapter 5—Source Monitoring and Testing.

Section 500  (Source Monitoring and Testing), subsections 500.1 through 500.3

Section 501  (Monitoring Devices), subsections 501.1 through 501.3

Section 502  (Sampling, Tests, and Measurements), subsections 502.1 through 502.15 (except for subsections 502.11, 502.12, and 502.14)

Section 599  (Definitions and Abbreviations), subsections 599.1 and 599.2

( 4 ) Chapter 6—Particulates.

Section 600  (Fuel-Burning Particulate Emission), subsections 600.1 through 600.7

Section 601  (Rotary Cup Burners), subsections 601.1 and 601.2

Section 602  (Incinerators), subsections 602.1 through 602.6

Section 603  (Particulate Process Emissions), subsections 603.1 through 603.3

Section 604  (Open Burning), subsections 604.1 and 604.2

Section 605  (Control of Fugitive Dust), subsections 605.1 through 605.4

Section 606  (Visible Emissions), subsections 606.1 through 606.9

Section 699  (Definitions and Abbreviations), subsections 699.1 and 699.2

( 5 ) Chapter 8—Asbestos, Sulfur and Nitrogen Oxides.

Section 801  (Sulfur Content of Fuel Oils), subsection 801.1

Section 802  (Sulfur Content of Coal), subsections 802.1 and 802.2

Section 803  (Sulfur Process Emissions), subsections 803.1 through 803.4

Section 804  (Nitrogen Oxide Emissions), subsection 804.1

Section 899  (Definitions and Abbreviations), subsections 899.1 and 899.2

( 6 ) Appendices.

Appendix No. 1  (Emission Limits for Nitrogen Oxide)

Appendix No. 2  [Table of Allowable Particulate Emissions from Process Sources]

Appendix No. 3  [Allowable VOC Emissions under Section 710]

( 7 ) Deletion of the following SIP provisions:

Section 8–2:721  (Complaints and Investigations)

Section 8–2:730  (Independence of Sections)

Section 8–2:731  (Effective Date)

The following definitions and abbreviations:

Definitions: Act, Air quality standard of the District of Columbia, Dry cleaning operation, Freeboard ratio, Mayor, Vehicular fuel tank.

(ii) Additional material. (A) Remainder of June 21, 1985 District of Columbia submittal pertaining to the provisions listed above.

(35) [Reserved]

(36) The carbon monoxide redesignation and maintenance plan for the District of Columbia submitted by the District of Columbia Department of Consumer and Regulatory Affairs on October 12, 1995, as part of the District of Columbia SIP. The emission inventory projections are included in the maintenance plan.

(i) Incorporation by reference. (A) Letter of October 12, 1995 from the District of Columbia Department of Consumer and Regulatory Affairs requesting the redesignation and submitting the maintenance plan.

(B) Maintenance Plan for the Metropolitan Washington Carbon Monoxide Nonattainment Area adopted on September 20, 1995.

(ii) Additional material. (A) Remainder of October 12, 1995 State submittal.

(37) Revisions to the District of Columbia Municipal Regulations submitted on May 2, 1997 and May 9, 1997 by the District of Columbia Department of Consumer and Regulatory Affairs:

(i) Incorporation by reference. (A) Letter of April 29, 1997 from the Department of Consumer and Regulatory Affairs transmitting new source review (NSR) program.

(B) Regulations adopted on April 29, 1997; Title 20 of the District of Columbia Municipal Regulations (DCMR) Chapter 2, sections 200 (as amended), 201, 202, 204 (as amended), 206, 299 and the amended definition of “modification” in Chapter 1, section 199.

(ii) Additional material. (A) Remainder of May 2, 1997 State submittal.

(B) District Register for May 9, 1997.

[37 FR 19814, Sept. 22, 1972]

Editorial Note:   ForFederal Registercitations affecting §52.515, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

For questions or comments regarding e-CFR editorial content, features, or design, email ecfr@nara.gov.

For questions concerning e-CFR programming and delivery issues, email webteam@gpo.gov.

Section 508 / Accessibility