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Notice of Public Hearing and Public Comment Period on Air Quality Issues - Chapter 1 and 2 Revision

Wednesday, June 14, 2023



This notice corrects an error in the Notice of Public Hearing and Public Comment Period on Air Quality Issues, issued by the Department of Energy and Environment for the District of Columbia and published in the District of Columbia Register on May 26, 2023, at 70 DCR 007718- 007719. This notice updates the Public Hearing video and voice over internet protocol (VOIP) information and Weblink. The Notice also updates the provided website address to view copies of the proposed SIP revision. This notice provides the correct information and supersedes the notice published in the D.C. Register May 26, 2023, at 70 DCR 007718- 007719.

Notice is hereby given that a public hearing will be held on Monday, June 26, 2023, at 5:30 pm.
The hearing will be held using both a video and voice over internet protocol (VOIP) connection
- WebEx meeting link>>
- Call-in Number: +1 (202) 860- 2110, Access Code: 2302 637 0112.

DOEE is holding this hearing to provide interested parties an opportunity to comment on a proposed State Implementation Plan (“SIP”) revision that DOEE is submitting to the United States Environmental Protection Agency (“EPA”). The Department is revising the SIP to correctly detail the District's current regulations under Chapters 1 and 2 of Title 20 of the District of Columbia Municipal Regulations (“DCMR”). On June 5, 2020, the Department promulgated amendments to Chapters 1 and 2. 67 DCR 6758 (June 5, 2020). DOEE is now submitting 20 DCMR Chapter 1, §§ 100, 101, 102, 104, 105, 106, and 107, as well as Chapter 2, §§ 200, 202, 205, and 210, to the EPA as a SIP revision. DOEE asserts there are no instances of regulatory backsliding in the amended regulations from the versions previously approved in the District’s SIP. DOEE is seeking public comments on the District’s proposed SIP Revision. Copies of the proposed SIP revision are available for public review in the attachments section below.

The Department revised §§ 102.2, 102.3, and 102.4 of 20 DCMR § 102, Control Devices or Practices, in response to the EPA’s final action, Findings of Failure to Submit State Implementation Plan Revisions in Response to the 2015 Findings of Substantial Inadequacy and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction (“Finding of Failure to Submit” or “FFS”). 87 Fed. Reg. 1680 (January 12, 2022). The final FFS action went into effect on February 11, 2022, and gave the District 18 months from that date to submit an amendment to the District’s SIP or face sanctions under Clean Air Act (“CAA”) § 109.

The EPA issued the FFS because the District had not submitted an amendment to its SIP in response to the Startup, Shutdown, and Malfunction SIP Call (“SSM SIP Call”). The SSM SIP Call resulted from a settlement agreement entered November 30, 2011 to settle a lawsuit filed by Sierra Club and WildEarth Guardians, Sierra Club v. E.P.A., 699 F.3d 530 (D.C. Cir. 2012).  In the FFS, EPA stated the District had SSM-related deficiencies in its SIP and, therefore, did not meet CAA requirements. In response, DOEE modified the District’s air pollution regulations to severely limit the period during which a shutdown or maintenance of equipment can occur and to require the emissions during that period to comply with federal air quality standards. 20 DCMR §§ 102.3, 102.4. 

Other amendments resulting from the amendments to Chapters 1 and 2 Title 20 DCMR (67 DCR 6758, June 5, 2020) were:

  • DOEE repealed § 104 Hearings and replaced it with § 104 Entry and Inspection. Regulations regarding hearings are at 1 DCMR § 28.
  • DOEE modified § 105, Penalty, regarding possible penalties for violations of the regulations to provide more details on potential actions that can be taken by DOEE in response to violations. Section 105 is now titled “Penalties, Cost Recovery, and Injury Relief”.
  • DOEE moved § 106, Confidentiality of Reports, to § 101 and § 106 is now titled “Enforcement”.
  • DOEE also revised portions of Chapter 2, most notably by revising and expanding requirements in § 205, New Source Performance Standards, and § 210, Notice and Comment Prior to Permit Issuance.

DOEE has already promulgated the updates to Chapters 1 and 2 and is only taking comments on submitting the revised regulations to EPA as a SIP revision, and specifically, whether 20 DCMR §§ 102.2, 102.3, and 102.4 appropriately address the SSM SIP Call.  DOEE is not seeking comments on the content of the rulemaking itself.

Interested parties wishing to testify at this hearing must submit, in writing, their name, address, telephone number, and affiliation to Air Quality Division (AQD), Department of Energy and Environment at the address: 1200 First Street, NE, Fifth Floor, Washington, DC 20002, or by email to Mr. Joseph Jakuta at [email protected] by 4:00 p.m. on June 26, 2023.

Questions can be directed to Mr. Joseph Jakuta at [email protected] or by phone at 202-669-5817. No comments will be accepted after June 26, 2023.