Air Quality Control Regulations

The District of Columbia’s main air pollution control law focuses on reducing emissions from a variety of sources, including industrial and commercial buildings, vehicles, and building construction. According to these laws, emission reduction plans are published and permits are issued following the plans.

Title 20 District Municipal Regulations:

Recent Finalized Laws and Regulations:

Notice of Final Rulemaking - Removal of Clean Air Act Title V Affirmative Defense Provisions
Notice is hereby given that the final rulemaking, "Removal of Clean Air Act Title V Emergency Affirmative Defense Provisions," was published in the DC Register on November 1, 2024. This rulemaking removes emergency affirmative defense provisions in 20 DCMR § 302.1, repeals and reserves § 302.7, and makes other minor corrections. These actions meet a new requirement set by the U.S. Environmental Protection Agency to remove emergency affirmative defense provisions from Title V programs. Read More>>
Notice of Final Rulemaking - Adoption of California Vehicle Emission Standards
Notice is hereby given that the final rulemaking, "Adoption of California Vehicle Emission Standards," was approved by the Director of DOEE as final on December 15, 2023. The rules became effective through publication in the District of Columbia Register on December 29, 2023, and will become enforceable after California's waiver receives approval from the U.S. Environmental Protection Agency. Read More>>
Amendments to Nuisance Odor Requirements
These amendments strengthen DOEE’s ability to enforce this nuisance-odor prohibition through the use of community complaints for enforcement and by requiring stationary sources known to emit nuisance odors to adopt a DOEE approved Odor Control Plan (OCP). For those sources that must adopt an OCP, DOEE may enforce compliance with its provisions. If a source continues to emit nuisance odors despite compliance with the OCP, DOEE has the authority to require the source to update the plan in order to abate the nuisance. See Final Nuisance Odor Requirements (August 4, 2023).
Removal of Development Zone from Environmental Impact Screening Form Exemptions
The final rule removes the exemptions for projects proposed within an Economic Development Zone as defined under D.C. Official Code § 6-1501 to complete an Environmental Impact Screening Form (“EISF”) - Final (July 14, 2023).
Notice of Final Rulemaking to Adopt New Source Performance Standards
Notice is hereby given that the final rulemaking, "Adoption of New Source Performance Standards" was approved by the Director of DOEE as final on November 17, 2022. The rules became effective through publication in the District of Columbia Register on November 25, 2022. Read More>>

Recent Rule Proposals:

Notice of Comment Period—Update to District of Columbia Air Quality State Implementation Plan ("SIP") Definitions
On November 26, 2021, the Department promulgated amendments to Chapters 1 and 8; the update to Chapter 1 added the new definition, “stationary engine,” to 20 DCMR § 199. (68 DCR 12420.) On June 5, 2020, DOEE also promulgated an update that removed and added definitions and abbreviations to 20 DCMR § 199 while simultaneously revising some of the existing language in 20 DCMR § 199. (67 DCR 6758 and 67 DCMR 6789.) Read More>>
Notice of Emergency and Proposed Rulemaking - Amendments to Nuisance Odor Regulations
Notice is hereby given that the emergency and proposed rulemaking, "Amendments to Nuisance Odor Regulations," was published in the DC Register on Friday, November 8, 2024.

This emergency rulemaking action was adopted by the Director on October 28, 2024, and became effective immediately. This emergency rule will expire one-hundred twenty (120) days from the date of adoption, on February 25, 2025, or upon the effective date of a final rulemaking, whichever occurs first. This emergency rulemaking action is necessary for the immediate preservation of public health and welfare by allowing sources with an approved OCP to install necessary controls to eliminate prohibited nuisance odors as expeditiously as possible.

This proposed rulemaking streamlines the planning and permitting process for installing odor controls as required under 20 DCMR § 903. This rulemaking provides that permitting is required only after installation of the equipment to ensure odors are reduced from a facility in an expeditious fashion. Additionally, the rulemaking removes the need for a professional engineer to sign off on the odor controls because DOEE has experts in the field reviewing the proposed controls included in the OCP, and DOEE retains the authority to reopen an OCP if it is deemed insufficiently effective after implementation. Read Full Notice >>

Notice of Proposed Rulemaking—Removal of Clean Air Act Title V Affirmative Defense Provisions
Notice is hereby given that the proposed rulemaking, "Removal of Clean Air Act Title V Emergency Affirmative Defense Provisions," was proposed by the Director of DOEE on July 5, 2024. This proposed rulemaking removes emergency affirmative defense provisions in 20 DCMR § 302.1, repeals and reserves § 302.7, and makes other minor corrections. These actions meet a new requirement set by the U.S. Environmental Protection Agency to remove emergency affirmative defense provisions from Title V programs.
- Final Rulemaking (November 1, 2024)
- Proposal (July 5, 2024)
- Public Comments: Anacostia Parks & Community Collaborative (APACC)

Revisions to Air Quality Opacity Requirements
DOEE is proposing to amending 20 DCMR § 606 (Visible Emissions) to:
- Clarify how DOEE regulates emission units measured at facilities using a continuous opacity monitoring system (COMS);
- Specify opacity limits for startup, cleaning, adjustment of combustion controls, or regeneration of emission control equipment;
- Remove affirmative defense provisions; clarify the requirements of that visible emissions limits apply toon nonroad engines, requiring maintenance of logs; and
- Improve the clarity of the regulations.
- Proposal (May 12, 2023)
  
  Public Comments:
  - United States EPA - DC Water

- EPA’s Plain English Guide to the Clean Air Act

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