Title 20 DCMR — ENVIRONMENT

20-1 AIR QUALITY - GENERAL RULES

20 DCMR § 100 PURPOSE, SCOPE, AND CONSTRUCTION

100.1 The purpose of the air quality regulations is to prevent or minimize emissions into the atmosphere and thereby protect and enhance the quality of the District's air resources so as to protect the public health and welfare, promote the productive capacity of the people of the District of Columbia, and protect and restore the natural environment of the District of Columbia.

100.2 The air quality regulations shall apply to all operations in the District as authorized by the District of Columbia Air Pollution Control Act of 1984 (D.C. Law 5-165), as amended, as well as federal operations to the full extent permitted by the Clean Air Act (42 USC §§ 7401 et seq.), as amended, and regulations promulgated thereunder.

100.3 All regulations and parts of regulations in effect in the District that are inconsistent with the provisions of the air quality regulations are superseded with respect to matters covered by the air quality regulations, unless specifically stated otherwise.

100.4 The English system of measurement shall be the official system of measurement under the air quality regulations, unless specified otherwise.

100.5 Reference in the air quality regulations to a specific introductory section or subsection (such as § 204 or § 204.1) is intended to include a reference to all subdivisions of the specific section or subsection (such as §§ 204.1, 204.2, 204.1(a), and 204.1(a)(1)).

100.6 If any provision of the air quality regulations or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the air quality regulations shall not be affected.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §100, 32 DCR 562, 567 (February 1, 1985); as amended by §485(a) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, 32 DCR 4450, 4481 (August 2, 1985); as amended by Notice of Final Rulemaking published at 58 DCR 11286 (December 30, 2011); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 100

20 DCMR § 101 CONFIDENTIALITY OF REPORTS

101.1 Any records, reports, information, or particulars thereof, other than emissions data, that relates to production, sales figures, or processes of any owner or operator, shall not be disclosed publicly upon a showing satisfactory to the Department that to publicly disclose will result in a significant and adverse effect upon the competitive position of the owner or operator, as provided in section 204 of the D.C. Freedom of Information Act (D.C. Official Code § 2-534) and Section 114 of the Clean Air Act (42 USC § 7414) except as may be necessary to protect the public health, safety, or well-being, following an opportunity for a hearing pursuant to § 107 of this title.

101.2 Subsection 101.1 of this title shall not be construed to prevent the use of the records, reports, or information by the Department in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere; provided, that the analyses or summaries do not reveal any information otherwise confidential under the provisions of this section.

101.3 Subsection 101.1 of this title shall not be construed to prevent such record, report, or information from being disclosed to other officers, employees, or authorized representatives of the District of Columbia or the United States concerned with carrying out this Act or the Clean Air Act, or when relevant in any proceeding under this Act or the Clean Air Act.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 101, 32 DCR 562, 567 (February 1, 1985); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 101

20 DCMR § 102 CONTROL DEVICES OR PRACTICES

102.1 The devices or practices provided for the control of air pollutants discharged from stationary sources, or for otherwise complying with the air quality laws and regulations, shall remain operative or effective whenever the stationary source being controlled is operative or capable of producing emissions, except as otherwise provided in this section, and shall not be removed prior to the owner or operator requesting, and receiving, either written approval from the Department or an amendment to the source’s operating permit issued pursuant to Chapter 2 of this title, as provided in §§ 102.4 and 102.6 of this title.

102.2 Whenever it is necessary to shut down air pollution control equipment due to malfunction or for periodic maintenance, the owner or operator of the equipment shall report the planned shutdown to the Department within one (1) business day of a shutdown due to malfunction, or at least forty-eight (48) hours prior to a shutdown for maintenance.

102.3 The notice required by § 102.2 of this title shall include, but is not limited to, the following:

(a) Identification of the specific facility whose pollution control equipment is to be taken out of service, as well as its location and permit number;

(b) The expected length of time that the air pollution control equipment will be out of service;

(d) Measures that will be taken to minimize the length of the shutdown period; and

(e) The reasons that it would be impossible or impractical to shut down the source operation during the maintenance or repair period.

102.4 The Department may, by written notice to the owner or operator, permit the continued operation of the source for the time period proposed, or for the lesser time as the Department finds reasonable, provided that:

(a) The owner or operator of the equipment provides the notice required in §§ 102.2 and 102.3 of this title;

(b) The Department determines that measures have been taken to minimize the length of the shutdown period;

(c) The Department determines that it would be impossible or impractical to shut down the source operation during the maintenance or repair period; and

(d) The Department determines that operation of the source will not result in the violation of any federally enforceable emissions limitation or requirement.

102.5 If the Department does not permit continued operation of the source pursuant to § 102.4 of this title, it may order the owner or operator to discontinue operation of the stationary source until the maintenance is completed, or the malfunctioning equipment is repaired.

102.6 The Department may, by written notice to the owner or operator, allow the removal of a control device or practice pursuant to § 102.1 provided that:

(a) The owner or operator submits a written request for removal of the control device or practice at least ninety (90) days prior to the proposed date of removal;

(b) The Department determines that it would be impossible or highly impractical to maintain the control device or practice;

(c) The Department determines that operation of the stationary source without the control device or practice will not result in the violation of any federally enforceable emissions limitation or regulatory requirement; and

(d) If the control device or practice is required by a permit issued pursuant to Chapters 2 or 3 of the air quality regulations, the owner or operator shall submit an application for an amendment to the permit at the same time or prior to the written request specified under paragraph (a) and may proceed with the requested change as follows:

(1) The owner or operator may cease operating a control device or performing a control practice upon receipt of written approval pursuant to this subsection; and

(2) The owner or operator may only remove a control device upon receipt of a permit amendment authorizing operation of the stationary source without the control device.

102.7 Any article, machine, equipment, device, or other contrivance that conceals an emission from any source shall not be installed or used.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1964, D.C. Law 5-165, §102, 32 DCR 562, 568 (February 1, 1985); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 102

20 DCMR § 103 VARIANCES

103.1 Each person required to perform an act by the air quality regulations may be excused by the Department from the performance of the act, either in whole or in part, upon a finding by the Department that the full performance of the act would result in exceptional or undue hardship by reason of excessive structural or mechanical difficulty, or the impracticability of bringing the activity into full compliance with the requirements of the air quality regulations.

103.2 A variance may be granted only to the extent that it is necessary to ameliorate an exceptional or undue hardship, and only when compensating factors are present that give adequate protection to the public health or welfare and assure that the intent and purpose of the air quality regulations are not impaired.

103.3 No variance may be granted to excuse performance required by any federally enforceable emissions limitation or requirement.

103.4 A person requesting a variance shall submit a written request for the variance, together with the supporting data and analyses that may be required by the Department.

103.5 The request for a variance shall be filed with the Department and shall include the following:

(a) The requirement(s) of the air quality regulations from which the person seeks the variance;

(b) A description of the exceptional or undue hardship that would result from compliance with the requirement; and

103.6 Except as explicitly provided in the air quality regulations, a variance is granted for the operation of diesel locomotives on common carrier railroads in the District in accordance with the Clean Air Act.

103.7 A variance may be granted for experimental and research activities; provided, that the requirements of §§ 103.1 through 103.5 are otherwise met.

103.8 All requests for variances shall be published in the District of Columbia Register, at least thirty (30) days before the Department rules on the request, in accordance with the following requirements:

(a) The published notice shall briefly set forth the information contained in the applicant’s written request; and

(b) Any person may submit comments on the request within thirty (30) days of the published notice.

103.9 An applicant must submit the fee specified in § 211 of this title, sufficient to cover the reasonable costs of reviewing and acting upon the application and the reasonable costs of implementing and enforcing the terms and conditions of the variance approval.

103.10 The Department shall maintain a written record of all variances granted and denied. The record shall include all bases for the grant or denial, and shall be available for public inspection.

103.11 Each variance may be granted for up to five (5) years, but not to exceed the time necessary to avoid the undue hardship, and may be renewed in accordance with the following:

(a) A renewal may be granted only if the Department finds that the intent and purpose of the air quality regulations are not impaired;

(b) A renewal may be granted only upon application, which shall be made at least ninety (90) days prior to the expiration of the variance; and

103.12 Nothing in this section shall be construed to permit any operation in violation of the air quality regulations during the pendency of a request for a variance.

103.13 Nothing in this section, and no variance or renewal granted pursuant to this section, shall be construed to prevent or limit the application of the emergency provisions and procedures of § 401 of this title to any person or his or her property.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §103, 32 DCR 562, 568 (February 1, 1985); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 103

20 DCMR § 104 ENTRY AND INSPECTION

104.1 Upon the presentation of appropriate credentials to the owner, agent in charge, or tenant, the Department shall have the right, subject to § 104.3 of this section, to enter a premise or inspect an activity reasonably believed to be subject to the air quality regulations to determine compliance with the requirements of the air quality regulations. The right of entry shall be for the following purposes:

(a) Inspection, including the right to inspect and copy records related to compliance with the air quality regulations;

(b) Observation;

(d) Sampling;

(e) Testing; and

(f) Evidence collection.

104.2 The Department may:

(a) Investigate and take testimony under oath regarding any report of noncompliance with a federal or District law or regulation applicable to air pollution control; and

(b) In addition to the requirements of Chapter 5 of Title 20 DCMR, require a person or entity subject to the air quality regulations, or who the Department reasonably believes may have information necessary to carry out the purposes of the air quality regulations, on a one-time, periodic, or continuous basis to:

(1) Establish, maintain, and submit records and reports;

(2) Install, use, and maintain monitoring equipment, and use audit procedures or methods;

(3) Take samples in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Department shall prescribe;

(4) Keep records on control equipment parameters, production variables, or other indirect data as appropriate;

(5) Submit compliance certifications; and

(6) Provide other information as the Department may require.

104.3 If the Department is denied access to enter or inspect the premises in accordance with this section, the Department may apply to the Superior Court of the District of Columbia or the Office of Administrative Hearings pursuant to § 12(b)(12) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.09(b)(12)) for a search warrant.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §104 32 DCR 562, 569 (February 1, 1985); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 104

20 DCMR § 105 PENALTIES, COST RECOVERY, AND INJUNCTIVE RELIEF

105.1 In the event of any violation of, or failure to comply with, the air quality laws or regulations, every day of the violation or failure shall constitute a separate offense, and the penalties described in this section shall be applicable to each separate offense.

105.2 A person who violates the air quality laws or regulations is civilly liable and shall be subject to fines not more than thirty-seven thousand five hundred dollars ($37,500) per violation per day.

105.3 A person who knowingly or willfully violates the air quality laws or regulations is guilty of a criminal misdemeanor and, upon conviction, shall be subject to a fine not to exceed twenty-five thousand dollars ($25,000), imprisonment not to exceed one (1) year, or both.

105.4 A person who knowingly makes a false statement in an application, record, report, plan, or other document submitted or maintained under this act shall be guilty of a misdemeanor and subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment not to exceed six (6) months, or both.

105.5 In the alternative to civil fines, the Department may impose an administrative fine, penalty, or cost pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.) and its implementing regulations.

105.6 In addition to or in lieu of the civil, criminal, and administrative penalties in this section, the Attorney General for the District of Columbia may commence appropriate civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction for damages, cost recovery, and injunctive or other appropriate relief to enforce compliance with the air quality laws and regulations.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §105, 32 DCR 562, 568 (February 1, 1985), as amended by §485(a) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1980, D.C. Law 8-237, 38 DCR 314, 318 (January 11, 1991); and by Final Rulemaking published at 40 DCR 8105 (November 19, 1993); Final Rulemaking published at 47 DCR 8638 (October 27, 2000); Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 105

20 DCMR § 106 ENFORCEMENT

106.1 The Department may enforce a violation of the air quality laws or regulations by issuing one or more of the following:

(a) Administrative order, notice of violation, or cease and desist order;

(b) Notice of infraction;

(d) Notice of modification, suspension, revocation, or denial of a permit in accordance with 20 DCMR §§ 202 and 303; or

(e) Any other order or compliance document necessary to protect human health or the environment, or to implement or enforce the air quality laws and regulations.

106.2 Each notice shall identify the violation and, if applicable:

(a) In the case of a notice of infraction, include an assessment of a fine for each violation being cited; and

(b) In the case of a notice of infraction or notice of permit modification, suspension, revocation, or denial, state the procedure for requesting a hearing to appeal the notice.

106.3 If the Department determines that a hazardous condition exists that may endanger the public health or safety of the citizens or environment within the District of Columbia due to noncompliance with federal or District air quality laws or regulations, the Department may issue a cease and desist order, which requires a violator to cease operations and implement corrective actions immediately to contain the hazardous condition. The order shall:

(a) Describe the nature of the violation;

(b) Take effect at the time and on the date signed;

(d) State the procedure for requesting a hearing to appeal the order.

106.4 If the Department determines that there has been a violation of federal or District air quality laws or regulations, the Department may issue an administrative order, which requires a violator to take action to come into compliance. The order shall:

(a) Describe the nature of the violation;

(b) Take effect at the time and on the date signed;

(d) State the procedure for requesting a hearing to appeal the order.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §106, 32 DCR 562, 571 (February 1, 1985); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 106

20 DCMR § 107 APPEALS

107.1 Any person adversely affected by an action of the Department taken or proposed to be taken pursuant to the Act or air quality regulations may request a hearing within fifteen (15) calendar days of service, or twenty (20) calendar days if service is made by United States mail. If specific instructions are not on the notice or order, the person shall file a written request for a hearing, including the grounds for the objection, in accordance with the Office of Administrative Hearings: Rules of Practice and Procedure in Chapter 28 of Title 1 DCMR.

107.2 An appeal request does not stay the effective date of an administrative order or cease and desist order issued pursuant to § 106 of this title. If a hearing is not requested within the fifteen (15) day time period, or twenty (20) calendar days if service is made by United States mail, the order becomes final and remains in effect until the Department determines that the corrective actions have alleviated the violations and the dangerous conditions, if applicable.

107.3 The Department may take any adverse action proposed or contemplated without a hearing if the aggrieved person fails to timely request a hearing, or the party fails to appear at a scheduled hearing for which no continuance has been granted.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §107, 32 DCR 562, 571 (February 1, 1985); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 107

20 DCMR § 199 DEFINITIONS AND ABBREVIATIONS

199.1 When used in Chapters 1 through 20 of Title 20 DCMR, where not otherwise distinctly expressed or manifestly incompatible with the intent of this subtitle, the following term shall have the meaning ascribed:

Act – except as used in Chapter 3 of Title 20, the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165) as amended, (D.C. Official Code §§ 8-101.01 et seq.).

Actual emissions – the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with paragraphs (a) through (f):

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during the twenty-four (24) month period which precedes the particular date and which is representative of normal source operation;

(b) Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period;

(c) When a project involves multiple emissions units or multiple regulated NSR pollutants, or both, only one (1) consecutive twenty-four (24) month period within the last five (5) years must be used to determine the actual emissions for all pollutants and for all the emissions units affected by the project;

(d) The average rate shall not be based on any consecutive twenty-four (24) period for which there is inadequate information for determining annual emissions;

(e) The Department may allow the use of a different time period within the last five (5) years upon determining that it is more representative of operations; and

(f) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

Administrator – Administrator of the United States Environmental Protection Agency or an authorized representative.

Air pollutant - dust, fumes, gas, mist, smoke, vapor, odor, particulate matter, or any combination thereof, except that these terms shall not include uncombined water in the atmosphere unless it presents a safety hazard.

Air pollution – the presence in the outdoor atmosphere of one or more air pollutants in sufficient quantities and of characteristics and duration as are likely to be injurious to public welfare, to the health of humans, to plant or animal life, or to property, or which interferes with the reasonable enjoyment of life and property.

Air quality regulations – unless otherwise specified, regulations issued pursuant to the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165) as amended, (D.C. Official Code §§ 8-101.01 et seq.).

Allowable emissions – the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which restrict the operating rate, hours of operation, or both) and the most stringent of the following:

(a) The applicable standards as set forth in 40 C.F.R. parts 60, 61, and 63;

(b) Any applicable State Implementation Plan emissions limitation, including those with a future compliance date; or

(c) The emissions rate specified under any requirement or permit condition that is enforceable as a practical matter, including those with a future compliance date.

Annual process rate – the actual or estimated annual fuel, process, or solid waste operating rate.

ASTM – ASTM International, formally known as the American Society for Testing and Materials, develops international voluntary consensus standards that can be purchased at: http://www.astm.org/

Begin actual construction – the initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. These activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities that mark the initiation of the change.

Best available control technology (BACT) – an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 40 C.F.R. parts 60, 61, or 63. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means that achieve equivalent results.

Blending plant – any refinery or other facility at which oxygenated gasoline is produced through the addition of oxygenates, and at which the quality or quantity of the gasoline is not altered in any other manner.

Boiler - an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or any other medium.

Building, structure, facility, or installation – all of the pollutant emitting activities that belong to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same first two (2) digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively).

Carrier - a distributor of gasoline who does not take title to or otherwise have ownership of the gasoline, and does not alter either the quality or quantity of the gasoline.

Cartridge filter - perforated canisters containing filtration paper or activated carbon that are used in a pressurized system to remove solid particles and fugitives dyes from soil-laden solvent.

Certifying individual – the individual responsible for the completion and certification of the emission statement and who will take legal responsibility for the emission statement's accuracy.

Clean Air Act – the federal Clean Air Act, enacted December 31, 1970 (Public Law 91-604), as amended (42 USC §§ 7401 et seq.).

Cold cleaner - any batch loaded, non-boiling solvent degreaser.

Commence – as applied to construction of a major stationary source or major modification - that the owner or operator has obtained all necessary preconstruction approvals or permits and either has:

(a) Begun, or caused to begin, a continuous program of physical on-site construction of a source to be completed within a reasonable time; or

(b) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

Complete – in reference to an application for a permit, that the application contains all of the information necessary for processing the application, as determined by the Department.

Component – any piece of equipment that has the potential to leak volatile organic compounds and that is tested in the manner described in § 702 of the air quality regulations. These sources include, but are not limited to, pumping seals, compressor seals, seal oil degassing vents, pipeline valves, flanges and other connections, pressure relief devices, process drains, and open-ended pipes. Excluded from these sources are valves which are not externally regulated.

Condensate – hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature or pressure and remains liquid at standard conditions.

Construction – any physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of an emissions unit that would result in a change in emissions.

Containers and conveyors of solvent - piping, ductwork, pumps, storage tanks, and other ancillary equipment that are associated with the installation and operation of washers, dryers, filters, stills, and settling tanks.

Continuous emissions monitoring system (CEMS) – all of the equipment that may be required to meet data acquisition and availability requirements to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

Continuous emissions rate monitoring system (CERMS) – the total equipment required for the determination and recording of the pollutant mass emissions rate of mass per unit of time.

Continuous parameter monitoring system (CPMS) – all of the equipment necessary to meet the data acquisition and availability requirements of this section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.

Control device – any device that has as its primary function the control of emissions from fuel burning, refuse burning, or from a process, and thus reduces the creation of, or the emission of, air pollutants into the atmosphere, or both.

Control efficiency – the actual total control efficiency achieved by the control device(s).

Control equipment identification code – the tracking code established by the U.S. Environmental Protection Agency that defines the equipment used to reduce, by destruction or removal, the amount of air pollutant(s) in an air stream prior to discharge to the ambient air.

Conveyorized degreaser - any continuously loaded, boiling or non-boiling, conveyorized solvent degreaser.

Crude oil – a naturally occurring mixture that consists of hydrocarbons and sulfur, nitrogen, and oxygen derivatives of hydrocarbons and that is liquid at standard conditions.

Cutback asphalt – any asphalt cement that has been liquified by blending with a volatile organic compound(s).

Dampening solution - as applied to lithography, is a water-based solution, usually containing an acid, a buffer, a gum, and alcohols and used to prevent the non-printing areas of the plate from receiving ink.

Department – the Department of Energy and Environment (DOEE).

Director – the Director of the Department of Energy and Environment or the Director's duly authorized representative.

Dispersion technique – includes any intermittent or supplemental control of air pollutants varying with atmospheric conditions, or so much of the stack height of any source that exceeds the greater of sixty-five (65) meters (213 feet) or Hg = H + 1.5L, where Hg + maximum stack height determined from consideration of all nearby structures, measured from the ground-level elevation at the base of the stack, H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack, L = lesser dimension (height or projected width) of nearby structure(s), or so much of the stack height of any source that exceeds the height determined by a demonstration performed to the satisfaction of the Department. In determining whether a demonstration is performed satisfactorily, the Department shall take into consideration, among other factors, the methods, documents, and practices used in performing the demonstration.

Distillate oil – any oil that meets the specifications of the American Society for Testing and Materials (ASTM) for number one (No. 1) and number two (No. 2) grades of fuel oil found in ASTM D 396, “Standard Specifications for Fuel Oil.”

District - the District of Columbia.

Distributor – any person or party who supplies gasoline for delivery to a retail outlet.

Dry cleaning - a process for the cleaning of textiles and fabric products in which articles are washed in a nonaqueous solution (solvent) and then dried by exposure to a heated air stream.

Dry cleaning facility - a facility engaged in the cleaning of fabrics in an essentially nonaqueous solvent by means of one or more washes in solvent, extraction of excess solvent by spinning, and drying by tumbling in an airstream. The facility includes, but is not limited to, any washer, dryer, filer and purification systems, waste disposal systems, holding tanks, pumps, and attendant piping and values.

Duct burner – a device that combusts fuel and that is placed in the exhaust duct from another source, such as a stationary combustion turbine, internal combustion engine, kiln, etc., to allow the firing of additional fuel to heat the exhaust gases before the exhaust gases enter a heat recovery steam generating unit.

Emission - the act of releasing or discharging air pollutants into the outdoor atmosphere from any source.

Emission factor – an estimate of the rate at which a pollutant is released to the atmosphere as the result of some activity divided by the rate of that activity.

Emission statement – annual report of actual emissions of oxides of nitrogen and volatile organic compounds required of each owner or operator of stationary sources pursuant to the requirements of § 182(a)(3)(B) of the federal Clean Air Act.

Emissions unit – any part of a stationary source that emits or would have the potential to emit any pollutant subject to regulation under the federal Clean Air Act or under the air quality regulations.

Enforceable as a practical matter – for an emission limitation or for other standards (design standards, equipment standards, work practices, operational standards, pollution prevention techniques) in a permit for a source means that the permit’s provisions specify:

(a) A limitation or standard and the emissions units or activities at the source subject to the limitation or standard;

(b) The time period for the limitation (e.g., hourly, daily, monthly, and/or annual limits such as rolling annual limits); and

Episode stage - a level of air pollution in excess of an ambient air quality standard which may result in an imminent and substantial danger to public health or welfare. This term shall include alert, warning, and emergency stages.

Estimated emissions method code – a one-position tracking code established by the U.S. Environmental Protection Agency that identifies the estimation technique used in the calculation of estimated emissions.

Excessive concentrations – for the purpose of determining good engineering practice stack height in a demonstration, a maximum concentration due to downwash, wakes, or eddies produced by structures or terrain features that the Department determines would result in adverse health effect(s) beyond those that would be experienced in the absence of the downwash, wake, or eddies. In determining the adverse health effect(s) resulting from downwash, wakes, or eddies, the Department shall take into consideration, among other factors, the following:

(a) The nature and concentration of the pollutant(s);

(b) The applicable National Ambient Air Quality Standard(s);

(d) The possible duration of exposure to the pollutant(s).

Existing source – equipment, machines, devices, articles, contrivances, or installations that are under construction or in operation on February 1, 1985, except that any existing equipment, machine, device, article, contrivance, or installation that is altered, replaced, or rebuilt after February 1, 1985, shall be defined as a new source.

External floating roof – a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck that rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank wall.

Federally enforceable – all limitations and conditions that are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR parts 60, 61, and 63 requirements within any applicable state implementation plan, any permit requirements established pursuant to 40 CFR § 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the state implementation plan and expressly requires adherence to any permit issued under such program, or any permit requirements not designated as “state only” in a federal operating permit, a permit issued pursuant to Chapter 3 of this title, or a permit issued pursuant to 40 CFR parts 70 and 71.

Fossil fuel - natural gas, petroleum, coal, and any form of solid, liquid, or gaseous fuel derived from these materials.

Fossil fuel-fired – Except as used in Chapter 10, the combustion of fossil fuel or any derivative of fossil fuel, alone or in combination with any other fuel, independent of the percentage of fossil fuel consumed in any calendar year, expressed in Million British Thermal Units (MMBtu).

Fossil fuel-fired steam-generating unit – a furnace or boiler, or combination of furnaces or boilers connected to a common stack, used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

Freeboard - for cold degreasing tanks, the distance from the top of the solvent to the top of the tank; and for vapor degreasing tanks, the distance from the solvent vapor-air interface to the top of the tank.

Fuel burning equipment - any furnace, boiler, apparatus, stack, and all appurtenances in connection with, used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer.

Fugitive dust - solid, airborne particulate matter emitted from any source other than through a stack or originating from any activity or process, or both.

Fugitive emissions – those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

Gas service – equipment that processes, transfers, or contains a volatile organic compound or mixture of volatile compounds in the gaseous phase.

Gas service for pipeline valves and pressure relief valves - the volatile organic compounds being gaseous at conditions that prevail in the component during normal operations.

Gaseous fuel – any fuel or mixture of fuels that maintains a gaseous state at standard atmospheric temperature and pressure.

Gasoline - any petroleum distillate having a Reid vapor pressure of four pounds (4 lbs.) or greater.

Heat recovery steam generating unit – a unit where the hot exhaust gases from the combustion turbine are routed in order to extract heat from the gases and generate steam, for use in a steam turbine or other device that utilizes steam. Heat recovery steam generating units can be used with or without duct burners.

Hydrocarbon - a volatile organic compound.

Incinerator – any furnace used in the process of burning solid waste or sludge for the primary purpose of reducing the volume of the waste or sludge by removing combustible matter.

Independent small business marketer of gasoline – any person engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under § 324 of the federal Clean Air Act or regulations promulgated thereunder, unless such person:

(a) Is a refiner;

(b) Controls, is controlled by, or is under common control with a refiner;

(c) Is otherwise directly affiliated with a refiner or with a person who controls, is controlled by, or is under common control with a refiner; or

(d) Receives less than fifty percent (50%) of his or her annual income from the refining or marketing of gasoline. For purposes of the definition of independent small business marketer of gasoline, the term "refiner" shall not include any refiner whose total refinery capacity (including the refinery capacity of any person who controls, is controlled by, or is under common control with such refiner) does not exceed sixty five thousand (65,000) barrels per day, and the terms "controls," "controlled by," or "common control" mean ownership of more than fifty percent (50%) of the refiner's common stock.

Indirect source - any facility, or group of facilities, the use of which may result in the emission of one or more air pollutants from any other stationary or non-stationary source. Without limiting the generality of the foregoing, this phrase includes any facility, whether industrial, commercial, residential, public, private or other, used for human activity, any highway, road, roadway, street or lane, whether public or private, any associated equipment or facility, such as traffic signals, signs, parking meters, any airport, and any parking lot or facility.

Ink - a fluid or viscous substance used in printing for the purpose of creating images, including glues and varnishes used for coating areas of the paper (or other substrate). The images and coatings need not be visible to the naked eye.

Innovative control technology - any system of air pollution control that has not been adequately demonstrated in practice, but would have substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.

Leaking component – a component that has a volatile organic compound concentration exceeding ten thousand (10,000) parts per million when tested in the manner described in Appendix B, EPA Guideline Series, EPA-450/2-78-036, OAQPS No. 1.2-111, June 1978.

Lease custody transfer - the transfer of produced crude oil or condensate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any forms of transportation.

Liquid fuel – any fuel that maintains a liquid state at standard atmospheric temperature and pressure.

Liquid-mounted seal - a primary seal mounted in continuous contact with the liquid between the tank wall and the floating room around the circumference of the tank.

Liquid service - equipment which processes, transfers or contains a volatile organic compound or mixture of volatile compounds in the liquid phase.

Loading facility – any aggregation or combination of gasoline loading equipment that is both possessed by one (1) person, and located so that all the gasoline loading outlets for the aggregation or combination of loading equipment can be encompassed within any circle of three hundred feet (300 ft.) in diameter.

Lowest achievable emission rate (LAER) – for any source, the more stringent rate of emissions based on the following:

(a) The most stringent emissions limitation that is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or

(b) The most stringent emissions limitation that is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within or stationary source. In no event shall the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.

Major stationary source – any stationary source of air pollutants that emits, or has the potential to emit, one hundred tons per year (100 Tpy) or more of any pollutant regulated under the Clean Air Act, except that lower emissions thresholds shall apply as follows:

(a) Seventy (70) Tpy or more of PM10 or, where applicable, seventy (70) Tpy of a specific PM10 precursor, in any nonattainment area for PM10;

(b) Fifty (50) Tpy or more of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined under rules issued by the EPA Administrator);

(c) Twenty-five (25) Tpy or more of nitrogen oxides or volatile organic compounds in any nonattainment area for ozone, except where paragraph (d) below is applicable;

(d) Ten (10) Tpy or more of nitrogen oxides or volatile organic compounds in any extreme nonattainment area for ozone;

(e) Any physical change that would occur at a stationary source not qualifying under paragraphs (a) - (d) above, is a major stationary source if the change would constitute a major stationary source by itself;

(f) A major stationary source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone; and

(g) The fugitive emissions of a stationary source shall not be included in determining major stationary source status, unless the source belongs to one (1) of the following categories of stationary sources:

Coal cleaning plants (with thermal dryers);

(2) Kraft pulp mills;

(3) Portland cement plants;

(4) Primary zinc smelters;

(5) Iron and steel mills;

(6) Primary aluminum ore reduction plants;

(7) Primary copper smelters;

(8) Municipal incinerators capable of charging more than two hundred fifty tons (250 T) of refuse per day;

(9) Hydrofluoric, sulfuric, or nitric acid plants;

(10) Petroleum refineries;

(11) Lime plants;

(12) Phosphate rock processing plants;

(13) Coke oven batteries;

(14) Sulfur recovery plants;

(15) Carbon black plants (furnace process);

(16) Primary lead smelters;

(17) Fuel conversion plants;

(18) Sintering plants;

(19) Secondary metal production plants;

(20) Chemical process plants;

(21) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty million British thermal units (250,000,000 Btus) per hour heat input;

(22) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand (300,000) barrels;

(23) Taconite ore processing plants;

(24) Glass fiber processing plants;

(25) Charcoal production plants;

(26) Fossil fuel-fired steam electric plants of more than two hundred fifty million British thermal units (250,000,000 Btus) per hour heat input; and

(27) Any other stationary source category which, as of August 7, 1980, is being regulated under §§ 111 or 112 of the Clean Air Act.

Malfunction - any sudden and unavoidable failure of air pollution control equipment, process equipment, or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.

Modification – other than as used in § 205 of the air quality regulations, any physical change in, or change in the method of operation of, a stationary source that increases or decreases the amount of any air pollutant emitted by the source, or that results in the emission of any air pollutant not previously emitted, except that the term shall not include the following:

(a) Routine maintenance, repair, or replacement;

(b) An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition established pursuant to § 204 of this title;

(c) Use of an alternative fuel or raw material if, prior to March 15, 1985, the affected facility was designed to accommodate the alternative use; and

(d) Decommissioning or removal.

Multiple chamber incinerator –

(a) Any incinerator consisting of three (3) or more refractory-lined combustion chambers in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and employing adequate design parameters necessary for maximum combustion of the material to be burned. The combustion chamber shall include as a minimum, one chamber principally for ignition, one chamber principally for mixing, and one chamber for combustion; and

(b) Any incinerator consisting of less than three (3) refractory-lined combustion chambers in series that is connected to an afterburner approved by the Director and employing adequate design parameters necessary for maximum combustion of the material to be burned.

Natural gas – a naturally occurring fluid mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in geological formations beneath the Earth's surface that maintains a gaseous state at standard atmospheric temperature and pressure under ordinary conditions. Additionally, natural gas must either be composed of at least seventy percent (70%) methane by volume or have a gross calorific value between 950 and 1,100 British thermal units (Btu) per standard cubic foot. Natural gas does not include the following gaseous fuels: landfill gas, digester gas, refinery gas, sour gas, blast furnace gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel produced in a process which might result in highly variable sulfur content or heating value.

Nearby – as used in the definition of "dispersion technique," that distance up to five (5) times the lesser of the height or the projected width of a structure but not greater than eight tenths (0.8) kilometer (five tenths (0.5) mile). The height of the structure is measured from the ground-level elevation at the base of the stack. "Nearby" as applied to terrain features, means up to the distance that a terrain feature has an adverse influence on stack effluent or eight tenths (0.8) kilometer (five tenths (0.5) mile), whichever is less; except, that if it is shown to the satisfaction of the Department that the eight tenths (0.8) kilometer (five tenths (0.5) mile) restriction is unreasonable, a new cutoff distance may be used. In the determination of the unreasonableness of the eight tenths (0.8) kilometer (five tenths (0.5) mile) cutoff for demonstrations, the Department shall take into consideration, among other factors, the extent and shape of the terrain feature(s) and the frequency of occurrence of meteorological conditions leading to excessive concentrations caused by downwash, wakes, or eddies.

Necessary preconstruction approvals or permits – those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations that are part of the State Implementation Plan for the District of Columbia.

New source – equipment, machines, devices, articles, contrivances, or installations built or installed on or after the effective date of the District of Columbia Air Pollution Control Act of 1984, or existing at that time that are later altered, repaired, or rebuilt. Any equipment, machines, devices, articles, contrivances, or installations moved to a new address, or operated by a new owner, or new lessee, after the effective date of the District of Columbia Air Pollution Control Act of 1984, shall be considered a new source.

Non-oxygenated gasoline – any gasoline having an oxygen content of less than two percent (2%) by volume or four tenths of a percent (0.4%) by weight.

Odor – that property of an air pollutant that affects the sense of smell.

Offset lithography - a process of planographic offset printing involving two (2) difference areas on the plate, one (1) receptive to ink, the other receptive to dampening solution.

Opacity - the degree to which emissions reduce the transmission of light or obscure the view of an object in the background.

Open-top vapor degreaser - any batch loaded, boiling solvent degreaser.

Organic solvents – volatile organic compounds that are liquids at standard conditions, and that are used as dissolvers, viscosity reducers, or cleaning agents.

Oxides of nitrogen – in air pollution usage, this comprises nitric oxide and nitrogen dioxide, expressed as the molecular weight of nitrogen dioxide.

Oxygenate – any oxygen-containing compound approved for use in gasoline by the U.S. Environmental Protection Agency, including oxygen-containing compounds that comply with the U.S. Environmental Protection Agency’s “substantially similar” definition under § 211(f)(1) of the federal Clean Air Act, or that have received a waiver from the U.S. Environmental Protection Agency under § 211(f)(4) of the federal Clean Air Act.

Oxygenated gasoline – gasoline that contains one or more oxygenates.

Oxygenated gasoline control area – the District of Columbia portion of the Washington, D.C. - Maryland - Virginia Metropolitan Statistical Area.

Oxygenated gasoline control period – the four (4) month period that begins on November 1st of each year and continues through the last day of February of the following year.

Ozone season – the period from May 1 through September 30 of a year.

Particulate matter – any finely divided material, with the exception of uncombined water that, under standard conditions, exists as a liquid or solid; except that when a test procedure for particulate matter, specified elsewhere in the air quality regulations, is applicable, particulate matter shall be defined by the specified test procedure.

Particulate Matter 2.5 (PM2.5) – finely divided solid or liquid material, including condensable particulate, other than uncombined water, with an aerodynamic diameter less than or equal to a nominal two and a half micrometers (2.5 µm), emitted to the ambient air. When used in the context of ambient concentration, means particles with an aerodynamic diameter less than or equal to a nominal two and a half micrometers (2.5 µm) as measured by a reference method based on 40 C.F.R. part 50, appendix L, or an equivalent method designated in accordance with 40 C.F.R. part 53.

Particulate Matter 10 (PM10) – particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers (10 µm).

Peak ozone season – the consecutive three (3) month period from June 1st through August 31st.

Percentage annual throughput – the weighted percent of yearly activity for the following consecutive three (3) month periods:

(a) December through February;

(b) March through May;

(d) September through November.

Perceptible leaks - any petroleum solvent vapor or liquid leaks that are conspicuous from visual observation; such as pools or droplets of liquid, or buckets or barrels of solvent or solvent-laden waste standing open to the atmosphere.

Person – includes individuals, firms, partnerships, companies, corporations, trusts, associations, organizations, and any other private or governmental entities, including federal and District government entities.

Petroleum liquids - crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.

Petroleum refinery complex - any facility engaged in producing, conveying, or distributing gasoline, aromatics, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt gas, or other products through distillation of petroleum or through redistillation, cracking, rearrangement, or reforming of petroleum derivatives.

Petroleum solvent - organic material produced by petroleum distillation that exists as a liquid under standard conditions.

Plant – the total facilities available for production or service.

Point – a physical emission point or process within a plant that results in pollutant emissions.

Potential to emit – the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is enforceable as a practical matter. Secondary emissions do not count in determining the potential to emit of a stationary source.

Process – any action, operation, or treatment of materials, including handling and storage of the materials that may cause the discharge of an air pollutant or pollutants, into the atmosphere, excluding fuel burning and refuse burning.

Process rate – quantity per unit time of any fuel burned, raw material or process intermediate consumed, or product generated through the use of any equipment, source operation, or process.

Process weight - the total weight in pounds of all materials introduced into any specific process.

Process weight per hour - the process weight divided by the number of hours in one (1) complete operation, excluding any time during which equipment is idle.

Project – a physical change in, or change in the method of operation of, an existing major stationary source.

Refiner – any person who owns, leases, operates, controls, or supervises a refinery.

Refinery – any facility, including a blending plant that produces gasoline.

Refinery operator - a refinery operator of an affected facility or the owner of a petroleum refinery complex where the affected facility is located.

Refinery unit – a set of components that are a part of a basic process operation such as distillation, hydrotreating, cracking, or reforming of hydrocarbons.

Reid Vapor Pressure – the vapor pressure of a liquid at a temperature of 100 °F (37.8 °C), expressed in pounds force per square inch absolute or kilopascals, as determined by the Reid Method as described in the ASTM International Standard D 323, “Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method).”

Retailer – any person who owns, leases, operates, controls, or supervises a retail outlet.

Retail outlet – any establishment at which motor fuel is sold or offered for sale to the general public for use in motor vehicles.

Ringelmann smoke chart - the chart published and described in the United States Bureau of Mines Information Circular 8333.

Routing - the act of cutting away with a tool, to etch, or to scoop out, as with a gouge.

Secondary emissions – emissions that occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification that causes the secondary emissions. Secondary emissions include emissions from any offsite support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emission that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

Segment – components of an emissions point or process at the level that emissions are calculated.

Shutdown - the cessation of operation of a stationary or other source for any purpose; except, that for oil-fired fuel-burning equipment, shutdown shall be the period starting with the continuous action of turning down or pulling out burners for the sole purpose of shutting-down the equipment and ending with the time when all burners have been turned off or pulled out.

Significant -

(a) In reference to a net emission increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant

Emissions Rate

Asbestos

0.007 tpy

Beryllium

0.0004 tpy

Carbon Monoxide

100 tpy

(tons per year)

Florides

3 tpy

Hydrogen Sulfide

10 tpy (H2S)

Lead

0.6 tpy

Mercury

0.1 tpy

Nitrogen Oxides

40 tpy

Ozone

40 tpy

of volatile organic compounds

Particulate Matter

25 tpy

Reduced Sulfur Compounds

10 tpy

(including H2S)

Sulfuric Acid Mist

7 tpy

Sulfur Dioxide

40 tpy

Total Reduced

10 tpy

sulfur (including H2S)

Vinyl Chloride

1 tpy

(b) In reference to a net emissions increase or the potential of a source to emit a pollutant subject to regulation under the Federal Clean Air Act that paragraph (a) of this definitions does not list, any emissions rate; and

(c) Notwithstanding paragraph (a) of this definition, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within six and twenty-one hundredths (6.21) miles ten (10) kilometers) of any Class I area, and have an impact on the area equal to or greater than one (1) ug/m3 (24-hour average).

Site - means one specific address, including unit number in a multi-unit building.

Smoke - small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ashes, or other combustible material.

Solid waste – a refuse, more than fifty percent (50%) of which is waste consisting of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles, and noncombustible materials such as glass and rock.

Solvent recovery dryer - a class of dry cleaning dryers that employs a condenser to liquify and recover solvent vapors evaporated in a closed-loop, recirculating stream of heated air.

Source – any property, real or personal, that emits or may emit any air pollutant. For purposes of sources affecting non-attainment areas and permits for the sources under § 204 of the air quality regulations, the term includes both plants and each individual piece of process equipment.

Stack - any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

Stack in existence - that the owner or operator had begun, or caused to begin, a continuous program of physical on-site construction of the stack or entered into binding agreements or contractual obligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.

Standard conditions – a dry gas temperature of seventy degrees Fahrenheit (70° F.) and a gas pressure of fourteen and seven tenths (14.7) pounds per square inch absolute (psia).

Standard industrial classification code – a series of codes devised by the U.S. Office of Management and Budget to classify establishments according to the type of economic activity in which they are engaged.

Start-up – the setting in operation of a stationary or other source for any purpose; except that for fuel-burning equipment that generates steam, start-up shall mean a period from initial fire to the time steam can be delivered in usable form to steam-using equipment.

State Implementation Plan or SIP – a plan approved or promulgated under Sections 110 or 172 of the Clean Air Act, 42 USC §§ 7410 or 7502.

Stationary combustion turbine – all equipment, including but not limited to the turbine, the fuel, air, lubrication and exhaust gas systems, control systems (except emissions control equipment), heat recovery system, and any ancillary components and sub-components comprising any simple cycle stationary combustion turbine, any regenerative/recuperative cycle stationary combustion turbine, any combined cycle combustion turbine, and any combined heat and power combustion turbine based system. Stationary means that the combustion turbine is not self-propelled or intended to be propelled while performing its function. It may, however, be mounted on a vehicle for portability.

Stationary engine – any compression or spark ignition internal combustion engine which converts heat energy into mechanical work and is not a nonroad engine as defined in 40 CFR § 1068.30.

Stationary source – a building, structure, facility, installation, or group of buildings, structures, facilities, or installations that emits or may emit any air pollutant subject to regulation under the federal Clean Air Act or the air quality regulations.

Submerged fill pipe - any fill pipe, the discharge opening of which is entirely submerged when the liquid level is six inches (6 in.) above the bottom of the tank. This term shall also include, when applied to a tank which is loaded from the side, a fill pipe adequately covered at all times during normal working of the tank.

Submit – to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

(a) In person;

(b) By United States Postal Service first-class mail with the official postmark or, if submittal is by the Director, by any other mail service of the United States Postal Service; or

(c) By other means with an equivalent time and date mark used in the course of business to indicate the date of dispatch or transmission and a record of prompt delivery. Compliance with any "submission", "service", or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

Substrate – the base material that is coated or printed.

Terminal – a gasoline storage and distribution facility with an average daily throughput greater than forty thousand (40,000) gallons of gasoline.

Typical ozone season day – a day typical of that period of the year during the peak ozone season.

Vacuum still - a device that distills solvent by depositing it in a heated, partially evacuated vessel in which evaporated (boiled) solvent and water vapors are successively pumped through a condenser to liquify the solvent and water vapors, a gravimetric separator separates solvent from wastewater, and a rag filter removes final traces of water before reuse.

Valves not externally regulated - valves that have no external controls, such as in-line check valves.

Vapor-mounted seal - a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.

Vapor-tight - no gas or vapor leakage is detectable using leak detection procedures specified in Appendix B of "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection System," published by EPA, December 1978, publication numbers EPA-450/2-78-051 and OAQPS No. 1.2-119.

Volatile organic compound (VOC) – a volatile organic compound as that term is defined by the United States Environmental Protection Agency at 40 CFR § 51.100(s), as supplemented or amended, which is incorporated by reference herein. In addition to test methods specified elsewhere in this title, the most recent version of ASTM Method D6886 shall be considered an appropriate method for determining compliance with VOC emission limits, within the scope of the method.

Waxy, heavy pour crude oil - a crude oil with a pour point of fifty (50° F.) degrees Fahrenheit or higher as determined by the American Society for Testing and Materials Standard D97-66, “Test for Pour Point of Petroleum Oils.”

Wholesale purchaser-consumer – any ultimate consumer of gasoline who purchases or obtains gasoline from a supplier for use in motor vehicles and receives delivery of that product into a storage tank, substantially under the control of that person, of at least five hundred fifty (550) gallon capacity.

Wiping solution - the liquid cleanser used to assist in removing ink from cylinder(s) wipe process.

199.2 When used in the air quality regulations, the following abbreviations shall have the meaning ascribed:

ASTM

ASTM International

BTU

British thermal unit

°C

Degree Celsius

cal.

Calorie(s)

cfm

Cubic feet per minute

Carbon Monoxide

CFR

Code of Federal Regulations

COH3

Coefficient of haze

CPI

Consumer Price Index

EPA

United States Environmental Protection Agency

°F

Degree Fahrenheit

Foot (Feet)

Gram(s)

GEP

Good Engineering Practice

Mercury

Hi-Vol

High Volume Samplers

H2O

Water

Hour(s)

H2S

Hydrogen Sulfide

In.

Inch

In. H2O

Inches of water

LAER

Lowest Achievable Emission Rate

Pound

max.

Maximum

Millimeter

mm Btu

Million Btu

mm HG

Millimeters of mercury

mol

Mole

MWe

Megawatt electrical

NESHAP

National Emission Standard(s) for Hazardous Air

Pollutants

NOx

Nitrogen Oxides, or Oxides of Nitrogen

NO2

Nitrogen Dioxide

No.

Number

NSPS

New Source Performance Standard

Oxygen

Particulate Matter

PM10

Particulate Matter with an aerodynamic diameter less than 10 microns

PM2.5

Particulate Matter with an aerodynamic diameter less than 2.5 microns

ppm

Parts Per Million

ppmv

Parts Per Million by Volume

psia

Pounds per Square Inch Absolute Pressure

RACT

Reasonably Available Control Technology

SIC

Standard Industrial Classification

SIP

State Implementation Plan

SO2

Sulfur Dioxide

ton

Short ton unless otherwise specified

ug/m3

Microgram(s) per cubic meter

U.L.

Underwriters Laboratories (www.ul.com)

VOC

Volatile Organic Compound

[mu] m

Micrometer-10 Meter

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; 32 DCR 562, 572 (February 1, 1985)); as amended by Final Rulemaking published at 36 DCR 2554 (April 14, 1989); as amended by § 2 of the Gasoline Reid Vapor Pressure Requirements Act of 1990, effective March 8, 1991 (D.C. Law 8-238; 38 DCR 331 (January 11, 1991)); as amended by § 2 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, effective October 15, 1993 (D.C. Law 10-24; 40 DCR 5474 (July 30, 1993)); as amended by Final Rulemaking published at 44 DCR 2793 (May 9, 1997); as amended by Final Rulemaking published at 45 DCR 20 (June 2, 1998); as amended by Final Rulemaking published at 45 DCR 7037 (October 2, 1998); as amended by Final Rulemaking published at 47 DCR 8638 (October 27, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 51 DCR 3877 (April 16, 2004) [incorporating by reference the text of Proposed Rulemaking published at 51 DCR1437 (February 6, 2004)]; as amended by Final Rulemaking published at 58 DCR 11286 (December 30, 2011); as amended by Final Rulemaking published at 59 DCR 13044 (November 16, 2012); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015); as amended by Final Rulemaking published at 62 DCR 14839 (November 13, 2015); as amended by Final Rulemaking published at 65 DCR 13498 (December 14, 2018); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020); as amended by Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020); as amended by Final Rulemaking 68 DCR 012420 (November 26, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 199

20-2 AIR QUALITY - GENERAL AND NON-ATTAINMENT AREA PERMITS

20 DCMR § 200 GENERAL PERMIT REQUIREMENTS

200.1 A permit from the Department shall be obtained before any person shall cause, suffer, or allow the construction of a new stationary source, the modification of an existing stationary source, or the installation or modification of any air pollution control device on a stationary source.

200.2 An operating permit shall be obtained from the Department before any person shall cause, suffer, or allow the operation of the following:

(a) Any major stationary source for which a construction or modification permit is required under § 200.1; or

(b) Any source for which a construction or modification permit is required under § 200.1, and which construction or modification permit was subject to conditions which affect, or would affect, the operation of the source.

200.3 The Department may allow the temporary operation of a source for a period no longer than one (1) month, in accordance with the requirements of this chapter, which may be extended month to month, to enable the initial evaluation of the operation of a source or device granted a permit under § 200.1, or to enable the continued operation of a source for which an application for an operating permit under § 200.2 has been filed, but due to delays attributable to the Department the permit has not been issued.

200.4 Construction and operating permits shall be valid for the period specified in the permit, but not to exceed five (5) years.

200.5 Each person owning or operating a stationary source or device for which a permit is required shall timely file with the Department the appropriate application, including applications for renewal of any construction or operating permit, if construction activities or operations are to continue beyond the expiration date of an existing permit.

200.6 The Department may establish a condition in a permit issued pursuant to this chapter that limits, in a manner that is enforceable as a practical matter, emissions from a source so as to avoid applicability of the permitting requirements of § 300.1. Such a limit must not be designated as enforceable only by the District.

200.7 The Department may establish a condition in a permit issued pursuant to this chapter that limits, in a manner that is enforceable as a practical matter, emissions from a source so as to avoid applicability of a District or federal air quality regulation, other than the requirements of § 300.1, except when prohibited by another District or federal regulation. Such a limit must not be designated as enforceable only by the District.

8 The Department may establish a source category permit covering a group of similar sources or emission units according to (a) through (i) of this subsection:

(a) Any source category permit shall comply with all requirements applicable to the source pursuant to the air quality regulations of this title;

(b) During establishment of any source category permit, the Department shall establish criteria by which sources may qualify for the source category permit;

(c) The Department shall maintain records of the public comments and issues raised during the public participation process;

(d) A source category permit shall not be a substitute for a permit required under Chapter 3 of this title;

(e) A response to each source category permit application may not be provided, rather the source category permit may specify a reasonable period of time after which an application is deemed approved and the applicant may construct and operate under the source category permit;

(f) The applicant for a source category permit may be issued an individual permit, letter, or other document indicating that the application has been approved or denied;

(g) If the Department provides an individual response, as provided in paragraph (f), the permittee shall retain the response and make it available on request to authorized officials of the Department;

(h) Any established source category permit is subject to the expiration and renewal conditions found in § 200.4 and § 200.5 and may be revised by following the same process as is used for original establishment of the permit; and

(i) The draft source category permit shall be subject to the public notice and comment requirements of § 210, however individual applications for the permit are not subject to public notice and comment.

200.9 Applications for permits shall be filed with the Department on the form or forms that the Department shall prescribe and shall be accompanied by the data, information, and analyses necessary or desirable to enable the Department to determine whether the requested permit should be issued or denied.

200.10 The Department may require, at any time, the submission of data, information, and analyses that the Department deems necessary or desirable, to allow the Department to determine whether a requested permit should be issued or denied, or an outstanding permit should be modified or revoked.

200.11 Applications for construction and operating permits may incorporate by reference data, information, and analyses otherwise available or provided to the Department, provided that the reference is clear and specific.

200.12 Each permit application shall be accompanied by a fee established by the Department in Section 211, which shall be sufficient to cover the reasonable costs of reviewing and acting upon the permit application and implementing and enforcing the terms and conditions of the permit.

200.13 An application for a permit shall be signed in the following manner:

If the applicant is a partnership, a general partner shall sign the application;

If the applicant is a corporation, association, or cooperative, an officer shall sign the application;

(d) If the applicant is a government or governmental agency, department, or board, a senior executive of that government agency, department, or board who has authority to sign shall sign the application.

200.14 No permit shall be required for any fuel burning equipment which has a capacity of five million British thermal units (5,000,000 Btu) or less per hour of heat input and which uses for fuel only gaseous fuels or distillate oils. This section shall not apply to sources subject to § 204.

200.15 A person shall comply with the conditions of any permit issued pursuant to this chapter.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 200, 32 DCR 565, 592 (February 1, 1985); as amended by Final Rulemaking published at 44 DCR 2794 (May 9, 1997); as amended by Final Rulemaking published at 59 DCR 13044 (November 16, 2012); as amended by Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 200

20 DCMR § 201 GENERAL REQUIREMENTS FOR PERMIT ISSUANCE

201.1 The Mayor may issue a permit upon finding the following:

(a) That the applicant's proposed equipment, facilities, and procedures are adequate to minimize to danger to public health and welfare;

(b) That the issuance of the permit will not be inimical to the public health and welfare;

(c) That the applicant has satisfied the applicable requirements for the requested permit established pursuant to this subtitle;

(d) That the operation of the source will not prevent or interfere with the attainment and maintenance of any applicable national ambient air quality standard and will not result in the contravention of any provision of the Federal Clean Air Act or the regulations promulgated under the Act;

(e) That the operation of the source will not result in the violation of any provision of this subtitle; and

(f) That in the case of a major stationary source, that the continuous monitoring devices for opacity and for all pollutants for which the source is a major source are in operation, or in the case of a new source, will be in operation as of the time of start of operation of the source; Provided, that no emission monitoring equipment for a pollutant shall be required in a case where the emission of that pollutant is not subject to an emission standard under this subtitle, or where continuous monitoring device is not reasonably available.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 201, 32 DCR 565, 593 (February 1, 1985).

20 DCMR § 202 AMENDMENT, SUSPENSION, REVOCATION, AND DENIAL OF PERMITS

202.1 After providing notice and opportunity for appeal pursuant to § 107 of the air quality regulations, the Department may amend, suspend, revoke, or deny the issuance or renewal of a permit issued pursuant to this chapter.

202.2 The Department may take action pursuant to § 202.1 of the air quality regulations if action is warranted by amendments to the District or federal air quality laws and regulations or if the applicant or permit holder:

(a) Has violated or failed to comply with any of the terms and conditions of the permit, District or federal air quality laws and regulations, or an Order of the Department;

(b) Has made a false statement or misrepresentation material to the issuance, modification, or renewal of a permit;

(d) Has had a permit denied, revoked, or suspended in the District or by another state or jurisdiction.

202.3 Except in cases of willfulness or cases in which the public health or welfare requires otherwise, no permit shall be amended, suspended, or revoked unless, prior to the institution of proceedings, facts or conduct that may warrant action have been called to the attention of the permittee in writing, and the permittee has been given an opportunity to demonstrate or achieve compliance with all lawful requirements.

202.4 The Department may terminate or amend a permit upon the written request of the permittee.

202.5 A permit amendment shall be subject to notice and opportunity for public comment and hearing as required by § 210 of the air quality regulations, if the proposed amendment:

(a) Involves a significant change in existing monitoring permit terms or conditions, or constitutes a relaxation of reporting or record keeping permit terms or conditions:

(b) Requires change to a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(c) Seeks to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject;

(d) For permits to construct, seeks to change the type of emissions control device or equipment to be constructed, and the new equipment has a higher potential to emit, emissions rate, heat input, or electrical output; or

(e) Otherwise warrants public notice and comment, as determined by the Department.

202.6 A permit to construct or modify a source shall be valid only if used within one (1) year from the date of issuance in one (1) of the following ways:

(a) The permittee has begun, or caused to begin, a continuous program of physical on-site construction of a source to be completed within a reasonable time; or

(b) The permittee has entered into binding agreements or contractual obligations that cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

202.7 An action to amend, suspend, revoke, or deny the issuance or renewal of a permit under this section shall be in writing and shall include the following:

(a) The name and address of the applicant, or holder of, the permit;

(b) A statement of the proposed action and the proposed effective date and duration of a proposed suspension or denial of a permit;

(d) A statement of when reapplication, if applicable, is acceptable;

(e) The procedure for requesting an appeal of the Department’s proposed action before it becomes final; and

(f) Any additional information that the Department deems necessary or appropriate to support the proposed action.

202.8 If the applicant or holder of permit requests an appeal pursuant to this section, a written response to the Department’s legal and factual basis for the proposed action is required, including any explanations, comments, and arguments relevant to the proposed action.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 202, 32 DCR 565, 594 (February 1, 1985); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 202

20 DCMR § 203 STACK HEIGHT AND DISPERSION TECHNIQUES

203.1 The emission limitation for any pollutant required of any source shall not be affected by the following:

(a) Any source's stack height that exceeds GEP stack height, with GEP stack height meaning the greater of the following:

(1) Sixty-five (65) meters (two hundred thirteen feet (213 ft.));

(2) Hg = H + 1.5L, with the equation parameters described in the definition of "dispersion technique" in § 199.1 of this subtitle; or

(3) The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from the stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features; or

(b) Any other dispersion technique, except as provided in § 203.4.

203.2 For purposes of modeling to establish emission limitations, the lesser of the physical stack height and the following measurements shall be used:

(a) Sixty-five (65) meters (two hundred thirteen feet (213 ft.));

(b) Hg = H + 1.5L, with the equation parameters described in the definition of "dispersion technique" in § 199.1 of this subtitle; or

(c) The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from the stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.

203.3 In determining whether a demonstration is performed satisfactorily, the Mayor shall take into consideration, among other factors, the methods, documents, and practices used in performing the demonstration.

203.4 The provisions of §§ 203.1 and 203.2 shall not apply to stack heights in existence, or dispersion techniques implemented prior to December 31, 1970, except when a source proposes to connect to a stack built prior to December 31, 1970.

203.5 Before the Mayor issues a permit to a source based on a GEP stack height that exceeds the height allowed by § 203.1(a)(1) or 203.1(a)(2), the Mayor shall notify the public of the availability of the demonstration study and shall hold a public hearing on the study if a hearing is requested within thirty (30) days of the date on which the Mayor gives notice of the study.

203.6 Section 203 shall not restrict, in any manner, the actual stack height of any source; however, the actual stack height of a source may be regulated under this chapter.

History

SOURCE: Section 3 at the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 203. 32 DCR 565. 595 (February 1, 1985); as amended by Final Rulernaking published at 36 DCR 2554 (April 14, 1989).

20 DCMR § 204 PERMIT REQUIREMENTS FOR MAJOR SOURCES LOCATED IN NON-ATTAINMENT AREAS (NEW SOURCE REVIEW)

204.1 This section shall apply to the construction of any new major stationary source or any major modification at an existing major stationary source in an area designated as nonattainment under § 107(d)(1)(A)(i) of the Clean Air Act.

204.2 Permit applications submitted pursuant to this section shall include a control technology evaluation to demonstrate that any new major stationary source or major modification will meet the lowest achievable emission rate (LAER) for all new or modified emissions units, unless otherwise provided in this section.

204.3 Any permit application submitted pursuant to this section shall provide for creditable emission reduction offsets pursuant to this section. The application shall provide documentation adequate for the Department to assess the validity of the proposed offsets.

204.4 Any new major stationary source or major modification to be constructed in an area designated as nonattainment shall comply with LAER as determined by the Department and set forth in a preconstruction permit issued pursuant to this section.

204.5 Any new major stationary source or major modification to be constructed in a nonattainment area shall not begin actual construction without a permit issued by the Department that incorporates the applicable control technology and offset requirements as specified in § 204.18 and 204.19.

204.6 Before applying for a permit to construct, the owner or operator shall determine applicability pursuant to the provisions below and submit this determination with the permit application:

(a) A project is a major modification for a regulated NSR pollutant as defined in § 299;

(b) Determine whether the emissions increases from the project are significant as defined in § 299 by summing the potential to emit from each new emissions unit and the difference between the potential to emit for each existing unit affected by the project after the change and the actual emissions prior to the change;

(d) An emissions unit is considered affected by the project if an emissions increase from the unit would occur as a result of the project, regardless of whether a physical change or change in the method of operation will occur at the particular emissions unit; and

(e) Subsection 204.17 pertains to projects that result in a significant increase in a regulated NSR pollutant, but do not result in a significant net emissions increase.

204.7 Any major stationary source subject to a Plantwide Applicability Limit (PAL) for a regulated NSR pollutant shall comply with the requirements set forth in § 208.

204.8 For sources and modifications subject to any preconstruction review program, the baseline for determining credit for emissions reductions is the emissions limit under the State Implementation Plan in effect at the time the application to construct is filed, except that the offset baseline shall be the actual emissions of the source from which offset credit is obtained where:

(a) The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within the designated nonattainment area; or

(b) The State Implementation Plan does not contain an emissions limitation for that source or source category.

204.9 In determining offset credits, the following provisions shall also apply:

(a) Where the emissions limit under the State Implementation Plan provides for greater emissions than the potential to emit of the source, offset credits will be granted only for control below the potential to emit;

(b) For an existing fuel combustion source, credit shall be based on the allowable emissions under the applicable State Implementation Plan for the type of fuel being burned at the time the application to construct is filed:

(1) If the existing source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable (or actual) emissions for the fuels involved is not acceptable, unless the permit is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date; and

(2) The Department should ensure that adequate long-term supplies of the new fuel are available before granting emissions offset credit for fuel switches; and

(c) Emissions reductions achieved by shutting down an existing source or curtailing production or operating hours below baseline levels may be generally credited if such reductions are surplus, permanent, quantifiable, and federally enforceable:

(1) The shutdown or curtailment is creditable only if it occurred on or after the date of the most recent emissions inventory used in the plan's demonstration of attainment, unless an earlier cutoff date has been specified in the plan;

(2) In no event may credit be given for shutdowns that occurred prior to August 7, 1977; and

(3) For purposes of this subsection, the Department may choose to consider a prior shutdown or curtailment to have occurred after the date of its most recent emissions inventory, if the inventory explicitly includes as current existing emissions the emissions from such previously shutdown or curtailed sources.

204.10 No emissions credit may be allowed for replacing one (1) hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Table 1 of EPA's "Recommended Policy on Control of Volatile Organic Compounds,'' 42 Fed. Reg. 35314 (July 8, 1977).

204.11 All emission reductions claimed for offset credit shall be federally enforceable.

204.12 Procedures relating to the permissible location of offsetting emissions shall be followed which are at least as stringent as those set out in 40 C.F.R. part 51, appendix S, § IV.D.

204.13 Credit for an emissions reduction can be claimed to the extent that the Department has not relied on it in issuing any permit under regulations approved pursuant to 40 C.F.R. part 51, subpart I, or the District has not relied on it in demonstrating attainment or reasonable further progress.

204.14 The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset in accordance with § 173 of the Clean Air Act shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit.

204.15 The provisions of § 204 do not apply to a source or modification that would be a major stationary source or major modification only if fugitive emissions to the extent quantifiable are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the categories listed under the definition of major stationary source in § 199.1.

204.16 The following provisions apply to any owner or operator subject to the air quality regulations of this title:

(a) Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan and any other requirements under local, state or federal law; and

(b) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this section shall apply to the source or modification as though construction had not yet commenced on the source or modification.

204.17 For any project that would result in a significant emissions increase, but is not considered a major modification:

(a) Before submitting a permit application for such a project, the owner or operator shall document and maintain a record of the following information:

(1) A description of the project;

(2) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and

(3) The applicability analysis used to determine the project is not a major modification for any regulated NSR pollutant, including the actual emissions, the potential to emit after the project, and the netting analysis;

(b) The owner or operator shall provide a copy of the information set out in paragraph (a) to the Department with a permit application submitted pursuant to § 200.1; and

(c) The owner or operator of the source shall make the information required in paragraph (a) available for review upon the Department’s request.

204.18 The permit shall require that in meeting the emissions offset requirements for ozone nonattainment areas, the ratio of total actual emission reductions of VOC or NOX to the emissions increase of VOC or NOX shall be at least one and three tenths to one (1.3:1).

204.19 The permit shall require that in meeting the emissions offset requirements for all other nonattainment areas, the ratio of total actual emission reductions of any pollutant to the emissions increase of that pollutant shall be at least one to one (1:1).

204.20 Requirements of this chapter applicable to major stationary sources and major modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors, except where the Administrator determines that such sources do not contribute significantly to PM10 levels that exceed the PM10 ambient standards in the area.

204.21 In meeting the emissions offset requirements of § 204.8 through 204.14, the emissions offsets obtained shall be for the same regulated NSR pollutant, except as provided in § 204.22.

204.22 The Department may allow the offset requirements in § 204.8 through 204.14 for direct PM2.5 emissions or precursors of PM2.5 to be satisfied by offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor, using a ratio approved by the Department following public notice and comment and approval by EPA.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 204, 32 DCR 565. 596 (February 1, 1985); as amended by § 2 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, D.C. Law 10-24, 40 DCR 5474, 5477 (July 30, 1993); as amended by Final Rulemaking published at 44 DCR 2794-2796 (May 9, 1997); as amended by Final Rulemaking published at 51 DCR 3877 (April 16, 2004) [incorporating by reference the text of Proposed Rulemaking published at 51 DCR 1438 (February 6, 2004)]; as amended by Final Rulemaking published at 59 DCR 13044 (November 16, 2012).

20 DCMR § 205 NEW SOURCE PERFORMANCE STANDARDS

205.1 The requirements of 40 C.F.R. part 60, subpart A, as in effect on July 29, 2021, together with the terms used and defined, are hereby adopted by reference for the purpose of implementing the New Source Performance Standards (NSPS) for source categories pursuant to the requirements of Section 111(b) of the Clean Air Act, 42 U.S.C. § 7411(b), except as indicated in § 205.3.

205.2 The following provisions of 40 CFR Part 60, as in effect on July 29, 2021, with the terms used and defined in those provisions, are hereby adopted by reference, except as indicated in § 205.3:

Standards of Performance

40 CFR Part 60 Subpart

Steel Plants: Electric Arc Furnaces (EAFs) and Argon-Oxygen Decarburization Vessels (AQD)

Subpart AA – Aaa

Residential Wood Heaters

Subpart AAA

Kraft Pulp Mills

Subpart BB – Bba

Rubber Tire Manufacturing

Subpart BBB

Glass Manufacturing Plants

Subpart CC

Electric Utility Steam Generating Units (Boilers)

Subpart Da

Industrial/Commercial/Institutional Steam Generating Units (Boilers)

Subpart Db – Dc

Grain Elevators

Subpart DD

Polymers Manufacturing Industry

Subpart DDD

Metal Furniture Surface Coating

Subpart EE

Portland Cement Manufacturing

Subpart F

Flexible Vinyl and Urethane Coating and Printing

Subpart FFF

Nitric Acid Plants

Subpart G – Ga

Stationary Gas Turbines

Subpart GG

Petroleum Refineries Equipment Leaks

Subpart GGG - GGGa

Sulfuric Acid Plants

Subpart H

Lime Manufacturing

Subpart HH

Synthetic Fiber Production

Subpart HHH

Hot Mix Asphalt Facilities

Subpart I

SOCMI Air Oxidation Unit Processes (PDF)

Subpart III

Stationary Compression Ignition Internal Combustion Engines

Subpart IIII

Petroleum Refineries

Subpart J – Ja

Petroleum Dry Cleaners

Subpart JJJ

Stationary Spark Ignition Internal Combustion Engines

Subpart JJJJ

Volatile Organic Liquid Storage Vessels Including Petroleum Storage Vessels -1973-1978 (PDF)

Subpart K

Volatile Organic Liquid Storage Vessels Including Petroleum Storage Vessels - 1978-1984 (PDF)

Subpart Ka

Volatile Organic Liquid Storage Vessels Including Petroleum Storage Vessels

Subpart Kb

Lead Acid Battery Manufacturing

Subpart KK

Onshore Natural Gas Plants - VOC Equipment Leaks

Subpart KKK

Stationary Combustion Turbines

Subpart KKKK

Secondary Lead Smelters

Subpart L

Metallic Mineral Processing Plants

Subpart LL

Onshore Natural Gas Plants - SO2 Emissions

Subpart LLL

Secondary Brass and Bronze Production Plants

Subpart M

Auto and Light Duty Truck Surface Coating

Subpart MM

Basic Oxygen Process Furnace (BOPF) Primary Emissions

Subpart N

Basic Oxygen Process Furnace (BOPF) Steelmaking Facilities Secondary Emissions

Subpart Na

Phosphate Rock Plants

Subpart NN

SOCMI Distillation (PDF)

Subpart NNN

Sewage Treatment Plant Incineration

Subpart O

Nonmetallic Mineral Processing Plants

Subpart OOO

Oil and Gas Production, Transmission, and Distribution

Subpart OOOO

Primary Copper Smelting

Subpart P

Ammonium Sulfate Manufacturing

Subpart PP

Wool Fiberglass Insulation Manufacturing

Subpart PPP

Primary Zinc Smelters

Subpart Q

Graphic Arts Industry - Publication Rotogravure Printing

Subpart QQ

Petroleum Refineries - Wastewater Systems

Subpart QQQ

Primary Lead Smelting

Subpart R

Pressure Sensitive Tape and Label Surface Coating

Subpart RR

SOCMI Reactor Processes (PDF)

Subpart RRR

Primary Aluminum Production

Subpart S

Large Appliance Surface Coating

Subpart SS

Magnetic Tape Manufacturing

Subpart SSS

Phosphate Fertilizers: Wet-Process Phosphoric Acid Plants

Subpart T

Metal Coil Surface Coating

Subpart TT

Plastic Parts for Business Machines (surface coating)

Subpart TTT

Standards for GHG Emissions from New, Modified and Reconstructed Electric Utility Generating Units

Subpart TTTT

Phosphate Fertilizers: Superphosphoric Acid Plants

Subpart U

Asphalt Processing and Asphalt Roofing Manufacture

Subpart UU

Calciners and Dryers in Mineral Industries

Subpart UUU

Phosphate Fertilizers: Diammonium Phosphate Plants

Subpart V

SOCMI Equipment Leaks (PDF)

Subpart VV-VVa

Polymeric Coating of Substrates

Subpart VVV

Phosphate Fertilizers: Triple Superphosphate Plants

Subpart W

Beverage Can Surface Coating

Subpart WW

Municipal Solid Waste Landfills

Subpart WWW

Phosphate Fertilizers: Granular Triple Superphosphate Storage Facilities

Subpart X

Bulk Gasoline Terminals

Subpart XX

Coal Preparation and Processing Plants

Subpart Y

Ferroalloy Production Facilities

Subpart Z

205.3 The following exemptions to the language in 40 C.F.R. part 60 are hereby made:

(a) The word “Administrator” as used in the adopted portions of 40 C.F.R. part 60 shall be taken to mean “Director of the Department of Energy and Environment” except in the following sections, where “Administrator” shall have the meaning specified in 40 C.F.R. § 60.2:

40 C.F.R. § 60.8(b);

40 C.F.R. § 60.11(b);

40 C.F.R. § 60.11(e);

40 C.F.R. § 60.13(a);

40 C.F.R. § 60.13(d)(2);

40 C.F.R. § 60.13(g); and

40 C.F.R. § 60.13(i);

(b) The following sections from 40 C.F.R. part 60 are not adopted:

(1) 40 C.F.R. § 60.1(d);

(2) 40 C.F.R. § 60.4(b);

(3) 40 C.F.R. § 60.9;

(4) That part of 40 C.F.R. § 60.4211(f)(3) that reads: “Except as provided in paragraph (f)(3)(i) of this section, the 50 hours per calendar year for non-emergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to an electric grid or otherwise supply power as part of a financial arrangement with another entity.”;

(5) 40 C.F.R. § 60.4211(f)(3)(i);

(6) That part of 40 C.F.R. § 60.4243(d)(3) that reads: “Except as provided in paragraph (d)(3)(i) of this section, the 50 hours per year for non-emergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to an electric grid or otherwise supply power as part of a financial arrangement with another entity.”; and

(7) 40 C.F.R. § 60.4243(d)(3)(i).

205.4 A person shall not construct, modify, or operate or cause to be constructed, modified, or operated a New Source Performance Standard (NSPS) source which results or will result in a violation of this section.

205.5 Each individual violation of a requirement of the provisions of 40 C.F.R. part 60 that are adopted by this section shall constitute a separate offense for each day of the violation for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 205, 32 DCR 565, 598 (February 1, 1985); as amended by Final Rulemaking published at 45 DCR 7039 (October 2, 1998); as amended by Final Rulemaking published at 69 DCR 014482 (November 25, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 205

20 DCMR § 206 [RESERVED]

History

Source: Final Rulemaking published at 44 DCR 2797 (May 9, 1997); as amended by Final Rulemaking published at 59 DCR 13044 (November 16, 2012).

20 DCMR § 207 PERMIT REQUIREMENTS FOR INDIRECT SOURCES

207.1 On or after the effective date of this section, no person shall cause, suffer or allow the construction or modification of any indirect source without first obtaining a permit for the construction or modification from the Mayor; except that no permit shall be required for the construction or modification of:

(a) Residential premises, apartment houses, or housing subdivisions or other housing complexes designed to house less than fifty (50) families;

(b) Shopping and/or office and/or commercial facilities having less than fifty thousand (50,000) square feet of gross floor space;

(c) Entertainment and/or recreational facilities, including theaters, auditoriums, sports stadiums, bowling alleys, having a capacity to accommodate no more than four hundred (400) persons at any time;

(d) Parking facilities having a capacity of less than fifty (50) vehicles; and

(e) Other sources and classes of sources determined by the Mayor to have insignificant impact on air quality.

207.2 On or after the effective date of this section, no person shall cause, suffer or allow the operation of any indirect source, the construction or modification of which required a permit under the provisions of § 207.1, without first obtaining a permit from the Mayor.

207.3 Applications for permits shall be timely filed with the Mayor and shall:

(a) Identify the size, nature and location of the source;

(b) Contain all the following data, along with the basis for the data, that may apply to the proposed facility, projected for the following ten (10) years at yearly intervals, or at other meaningful intervals and reflecting normal conditions and expected worst conditions (e.g. traffic jam, poor diffusion conditions in the atmosphere):

(1) Number of persons and number of automobiles expected to enter and leave the facility per hour, classified by type of person (e.g., employee, tenant, customer, visitor, or guest);

(2) Percentage and number of person-trips expected to be made, classified by mode of travel (e.g., auto, taxi, bus, train, bicycle, walking) and by hour of day, type of person and any other appropriate and meaningful criteria;

(3) Expected periods of operation of the facility, classified by the different purposes that the facility is to serve;

(4) Expected average speed of the automobiles in the facility, classified by hour of day;

(5) The different highways, roads, streets, roadways and similar travel corridors expected to serve the vehicles that use the facility and the number of vehicles expected to use these travel corridors, classified by hour of day;

(6) The amounts of carbon monoxide expected to be emitted, per hour, from the travel corridors described in paragraph 5; and

(7) The expected carbon monoxide air quality at all critical receptor points in and around the facility and around the travel corridors described in paragraph 5 above;

(c) Contain detailed information on and discussion of the measures taken to minimize the vehicle-miles-of-travel (VMT) the facility induces including the following:

(1) The need for the facility;

(2) Alternate locations and designs of the facility;

(3) Inducements to use public transit and disincentives to use a private automobile (inducements and disincentives include high parking charges, purchase of regular and special services from transit agencies, climate controlled access to transit facilities, provision of attractive bus shelters and provision of free transit tokens to employees, customers and other persons);

(4) Restrictive covenants in leases concerning auto ownership of residents;

(d) Contain other information the Mayor requests that is necessary to perform a thorough evaluation of the air pollution aspects of the source;

(e) Show that the facility will not prevent or adversely affect the attainment or maintenance of any local or national ambient air quality standard;

(f) Show that adequate provisions will be made to monitor and record the performance and operating characteristics of the facility;

(g) Show that the facility will comply with all applicable requirements of this Title and of the District of Columbia Environmental Policy Act of 1989, effective October 18, 1989 (D.C. Law 8-36; D.C. Code § 6-981 et seq.);

(h) Demonstrate why more restrictive measures to minimize the VMT cannot be implemented;

(i) Contain the signature of the applicant or that of a person duly authorized to act for and on behalf of the applicant; and

(j) Be accompanied by a processing fee to be determined by the Mayor.

207.4 Information already in the possession of the Mayor may be incorporated into the application by reference, provided the reference is clear and specific. Incorporation by reference, however, shall not relieve the applicant of the responsibility to submit the information when the Mayor requests it.

History

SOURCE: Final Rulemaking published at 47 DCR 8640 (October 27, 2000); as Final Rulemaking published at 47 DCR 9688 (December 8, 2000).

20 DCMR § 208 PLANTWIDE APPLICABILITY LIMIT (PAL) PERMITS FOR MAJOR SOURCES

208.1 The Department may approve the use of a Plantwide Applicability Limit (PAL) for any existing major stationary source if the PAL meets the requirements in this section.

208.2 The Department shall not approve the use of a PAL for VOC or NOx for any major stationary source in an extreme ozone nonattainment area.

208.3 Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of this section, and complies with the PAL permit is not a major modification for the PAL pollutant and does not have to be approved through the nonattainment New Source Review program in § 204.

208.4 Any major stationary source operating under a PAL permit shall continue to comply with all applicable federal, state or local requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL permit, excluding any enforceable emissions limitations that the source used to avoid applicability with the requirements of the District’s NSR program under § 204 and 206, except as modified through normal permit modification processes under chapter 2 or chapter 3 of this title.

208.5 As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Department for approval:

(a) A list of all emissions units at the source designated as small, significant, or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit;

(b) Calculations of the PAL baseline emissions, with supporting documentation, for all emissions units at the source;

(c) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total for each month as required by § 208.33; and

(d) Any other information requested by the Department.

208.6 The Department may establish a PAL at a major stationary source, provided that at a minimum, the following requirements are met:

(a) The PAL shall impose an emission limitation that is federally enforceable and enforceable as a practical matter, for the entire major stationary source, with compliance to be determined as follows:

(1) For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months is less than the PAL (a twelve (12) month average, rolled monthly); and

(2) For each month during the first eleven (11) months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL;

(b) The PAL shall be established in a PAL permit that meets the public participation requirements in § 208.8;

(d) The PAL permit shall contain all the requirements in § 208.10;

(e) Each PAL shall regulate emissions of only one (1) pollutant;

(f) Each PAL shall have a term of no more than five (5) years; and

(g) The PAL permit shall contain monitoring, recordkeeping, and reporting conditions consistent with § 208.24 through 208.35.

208.7 At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 C.F.R. § 51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

208.8 PALs for existing major stationary sources shall be established, renewed, or increased through a public participation procedure that is consistent with 40 C.F.R. §§ 51.160 and 51.161 and § 210, including the following:

(a) The Department shall provide the public with notice of the proposed approval of a PAL permit and at least a thirty (30) day period for submittal of public comment; and

(b) The Department shall address all material comments before taking final action on the permit.

208.9 The initial PAL level for a major stationary source shall be established as follows:

(a) The initial PAL shall be the sum of:

(1) The significant level for the PAL pollutant as defined in § 299.1 or under the Clean Air Act, whichever is lower; and

(2) The PAL baseline emissions of the PAL pollutant for each emissions unit at the source at the time the application is submitted, except that PAL baseline emissions from any emissions unit that has been permanently shut down shall not be included in establishing the PAL;

(b) The Department shall establish a future effective PAL adjustment in the PAL permit to reflect a reduction (in tons per year) for any applicable federal or state regulatory requirement with a future compliance date; and

(c) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the twenty-four (24) month period, in lieu of adding the baseline actual emissions as specified in paragraph (a), the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.

208.10 The PAL must contain, at a minimum, the following information:

(a) The PAL pollutant and the applicable source-wide emission limitations in tons per year and their effective dates;

(b) The PAL permit effective date and the expiration date of the PAL;

(c) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with § 208.16 through 208.18 before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period but it shall remain in effect until final action is taken by the Department on the application for renewal;

(d) A requirement that emission calculations for compliance purposes must include any noncompliant emissions in excess of any emissions limitations, emissions associated with startup and shutdown, fugitive emissions, to the extent quantifiable, and emissions associated with upsets or malfunctions;

(e) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of § 208.15;

(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total as required by § 208.33;

(g) A requirement that the major source owner or operator monitor all emissions units in accordance with the provisions under § 208.24 through 208.32;

(h) A requirement to retain the records required under § 208.33 and 208.34 on site (such records may be retained in an electronic format);

(i) A requirement to submit the reports required under § 208.35 by the required deadlines; and

(k) Any other requirements that the Department deems necessary to implement and enforce the PAL.

208.11 The Department shall specify a PAL effective period of no more than five (5) years.

208.12 During the PAL effective period, the Department must reopen the PAL permit to:

(a) Correct typographical or calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;

(b) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets;

(d) Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public; and

(e) Reduce the PAL to reflect newly applicable requirements (for example, NSPS) with compliance dates after the PAL effective date.

208.13 The Department shall reopen a chapter 3 operating permit with a PAL for cause consistent with § 303.6 and 303.7 of this title.

208.14 Except for the permit reopening for the correction of typographical or calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements in § 208.8.

208.15 Any PAL that is not renewed in accordance with the procedures in § 208.16 shall expire at the end of the PAL effective period, and the following requirements shall apply:

(a) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the following procedures:

(1) Within the time frame specified for PAL renewals in § 208.16, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Department) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL;

(2) If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under § 208.16, such distribution shall be made as if the PAL had been adjusted; and

(3) The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emission units, as the Department determines is appropriate;

(b) Each emissions unit(s) shall comply with the allowable emission limitation on a twelve (12) month rolling basis;

(c) The Department may approve the use of monitoring systems (source testing, and emission factors) other than continuous emissions monitoring system (CEMS), continuous emissions rate monitoring system (CERMS), predictive emissions monitoring system (PEMS) or continuous parameter monitoring system (CPMS) to demonstrate compliance with the allowable emission limitation;

(d) Until the Department issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under subparagraph (a)(3) of this subsection, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation;

(e) Any physical change or change in the method of operation at the major stationary source will be subject to major NSR requirements if such change meets the definition of major modification in § 199.1 of this title; and

(f) The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements (Lowest Achievable Emissions Rate (LAER), Best Achievable Control Technology (BACT), Reasonably Available Control Technology (RACT), and New Source Performance Standards (NSPS)) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that were established pursuant to § 208.4, but were eliminated by the PAL in accordance with the provisions in § 208.3.

208.16 The Department shall follow the procedures specified in § 208.8 in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Department.

208.17 A major stationary source owner or operator shall submit a timely application to the Department to request renewal of a PAL. A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the Department takes final action on the application for renewal.

208.18 The application to renew a PAL permit shall contain the following information:

(a) The information required in § 208.5;

(b) A proposed PAL level;

(d) Any other information the owner or operator wishes the Department to consider in determining the appropriate level for renewing the PAL; and

(e) Additional information as requested by the Department to make a determination on the renewal request.

208.19 If the emissions level calculated in accordance with § 208.9 is equal to or greater than eighty percent (80%) of the PAL level, the Department may renew the PAL at the same level without considering the factors set forth in § 208.20. However, in no case may any such adjustment fail to comply with § 208.21.

208.20 The Department may set the PAL at a level that it deems to be more representative of the source’s PAL baseline emissions determined from the date of the renewal application, or that the Department determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other factors as specifically identified by the Department’s written rationale.

208.21 Notwithstanding § 208.19 and 208.20 above:

(a) If the potential to emit of the major stationary source is less than the PAL, the Department shall adjust the PAL to a level no greater than the potential to emit of the source; and

(b) The Department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of § 208.23 (increasing a PAL).

208.22 If the compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or the source’s Title V permit renewal, whichever occurs first.

208.23 The Department may increase a PAL emission limitation following the provisions below:

(a) The owner or operator of the major stationary source shall:

(1) Submit a complete application to request an increase in the PAL limit for a PAL major modification. The following requirements shall apply:

(A) Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL;

(B) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the PAL baseline emissions of the small emissions units, plus the sum of the PAL baseline emissions of the significant and major emissions units assuming application of LAER, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL; and

(C) The level of control that would result from the application of LAER on each significant or major emissions unit shall be determined by conducting a new LAER analysis at the time the application is submitted, unless the emissions unit is currently obligated to comply with a LAER requirement that was established within the preceding five (5) years. In such a case, the assumed control level for that emissions unit shall be equal to level of LAER with which that emissions unit must currently comply;

(2) Obtain a major NSR permit for all emissions unit(s) identified in § 208.23(a)(1)(A) regardless of the magnitude of the emissions increase resulting from them (that is, no significance levels apply); and

(3) The emissions unit(s) in subparagraph (2) shall comply with any emissions requirements resulting from the major NSR process (for example, LAER or BACT), even though they have also become subject to the PAL or continue to be subject to the PAL;

(b) The PAL permit shall require that the increased PAL level be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant;

(c) The Department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the PAL baseline emissions of the significant and major emissions units, plus the sum of the PAL baseline emissions of the small emissions units; and

(d) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of § 208.8.

208.24 Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time;

(a) Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation;

(b) The information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit;

(c) The PAL monitoring system must employ one (1) or more of the four (4) general monitoring approaches meeting the minimum requirements set forth in § 208.25 through 208.32 and must be approved by the Department;

(d) Notwithstanding the paragraph above, the owner or operator may employ an alternative monitoring approach that meets the requirements of this section if approved by the Department; and

(e) Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid.

208.25 The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in § 208.26 through 208.32:

(a) Mass balance calculations for activities using coatings or solvents and sulfur dioxide calculations for fuel burning sources;

(b) CEMS;

(d) Emission factors.

208.26 An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:

(a) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;

(b) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

(c) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Department determines there is site-specific data or a site-specific monitoring program to support another content within the range.

208.27 An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

(a) CEMS must comply with applicable Performance Specifications found in 40 C.F.R. part 60, appendix B; and

(b) CEMS must sample, analyze, and record data at least every fifteen (15) minutes while the emissions unit is operating.

208.28 An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

(a) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operations of the emissions unit; and

(b) Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (15) minutes, or at another less frequent interval that the Department approves, while the emissions unit is operating.

208.29 An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

(a) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors’ development;

(b) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

(c) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six (6) months of PAL permit issuance unless the Department determines that testing is not required.

208.30 A source owner or operator must record and report maximum potential to emit without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

208.31 Notwithstanding the requirements in § 208.26 through 208.30, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Department shall, at the time of permit issuance:

(a) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or

(b) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.

208.32 All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the Department. Such testing must occur at least once every five (5) years after issuance of the PAL.

208.33 The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of this section and of the PAL, including a determination of each emissions unit’s twelve (12) month rolling total emissions, for five (5) years from the date of such record.

208.34 The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five (5) years:

(a) A copy of the PAL permit application and any applications for revisions to the PAL; and

(b) Each annual certification of compliance pursuant to chapter 3 of this title and the data relied on in certifying the compliance.

208.35 The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Department in accordance with the applicable Title V operating permit program in chapter 3 of this title. The reports shall meet the following requirements:

(a) The semiannual report shall be submitted to the Department within thirty (30) days of the end of each reporting period. This report shall contain the following information:

(1) The identification of owner and operator and the permit number;

(2) Total annual emissions (tons per year) based on a twelve (12) month rolling total for each month in the reporting period recorded pursuant to § 208.33 and 208.34;

(3) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions;

(4) A list of any emissions units modified or added to the major stationary source during the preceding six (6) month period;

(5) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero (0) and span checks), and any corrective action taken;

(6) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by § 208.30; and

(7) A signed statement by the responsible official (as defined by the applicable Title V operating permit program in chapter 3 of this title) certifying the truth, accuracy, and completeness of the information provided in the report;

(b) The major stationary source owner or operator shall promptly submit reports of any deviations or exceedances of the PAL requirements, including periods where no monitoring is available;

(c) The deviation reports required under paragraph (b) shall be submitted in accordance with § 302.1(c)(3)(C) of this title and shall contain the following information:

(1) The identification of owner and operator and the permit number;

(2) The PAL requirement that experienced the deviation or that was exceeded;

(3) Emissions resulting from the deviation or the exceedance; and

(4) A signed statement by the responsible official (as defined by the applicable Title V operating permit program in chapter 3 of this title) certifying the truth, accuracy, and completeness of the information provided in the report; and

(d) The owner or operator shall submit to the Department the results of any revalidation test or method within three (3) months after completion of such test or method.

208.36 If any provision of this section, or the application of such provision to any person of circumstance, is held invalid, the remainder of this section, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

History

SOURCE: Final Rulemaking published at 59 DCR 13044 (November 16, 2012).

20 DCMR § 209 PERMIT REQUIREMENTS FOR NON-MAJOR STATIONARY SOURCES (Minor New Source Review)

209.1 Effective January 1, 2014, except as specified in § 209.2, the requirements of this section are applicable to any source required to obtain a permit under § 200 to construct a new stationary source, modify an existing stationary source, or install or modify an air pollution control device on a stationary source that results in collateral emission increases, for a project that:

(a) Is not required to comply with the requirements of either § 204 or § 208; and

(b) Results in an increase of the potential to emit rate equal to or greater than five tons per year (5 Tpy) from an individual unit of any of the following:

(1) Total volatile organic compounds (VOCs);

(2) Nitrogen oxides (NOx);

(3) Sulfur dioxide (SO2);

(4) Particulate matter less than ten (10) microns in aerodynamic diameter (PM10);

(5) Fine particulate matter less than two and a half (2.5) microns in aerodynamic diameter (PM2.5); and

(6) An aggregate of any of the hazardous air pollutants (HAPs) listed in § 112(b) of the Clean Air Act.

209.2 Any source applying for a permit under § 200 not meeting the applicability requirements specified in § 209.1 shall submit, with their application, sufficient documentation to show that the proposed source does not meet those applicability requirements.

209.3 Any source meeting the applicability requirements specified in § 209.1 shall, relative to each pollutant for which it meets the applicability requirement, be controlled by operating emission control technologies or pollution prevention methodologies that limit emissions to the atmosphere meeting one (1) or more of the following requirements:

(a) The lowest achievable emission rate (LAER);

(b) The best available control technology (BACT);

(c) For an air contaminant that is a HAP, the requirements of a maximum achievable control technology (MACT) or other standard resulting from a residual risk determination promulgated under 40 C.F.R. part 63 or, where applicable, a more stringent standard adopted under this title;

(d) An emission control technology or pollution prevention methodology approved in advance by the Department for a similar source pursuant to this section; or

(e) An emission control technology or pollution prevention methodology approved by the Department, on a case-by-case basis, pursuant to § 209.4.

209.4 A case-by-case determination pursuant to § 209.3(e) shall be performed by completing the following steps:

(a) Identify and evaluate a list of air pollution technologies and pollution prevention methodologies that may be applied to the source including, but not limited to, technologies and methodologies used for similar sources, innovative control technologies, modification of the process or process equipment, other pollution prevention measures, and combinations of the above measures;

(b) Arrange the measures on the list in descending order of air pollution control effectiveness; and

(c) Chose and propose the top-rated measure on the list not eliminated from consideration as a result of one (1) of the following demonstrations:

(1) Where a demonstration can be and is made that this measure is technically infeasible, based on physical, chemical, or engineering principles, and/or technical difficulties that would prevent the successful application of the measure;

(2) Where a demonstration can be and is made that this measure has adverse environmental effects (for example effects on water or land, HAP emissions, or increased environmental hazards) when compared with its air contaminant emission reduction benefits, which would make use of this measure unreasonable;

(3) Where a demonstration can be and is made that this measure should be eliminated from consideration based on its calculated economic impacts using the techniques in the latest edition of EPA’s Control Cost Manual, where the total and incremental costs of the top measure are greater than the total and incremental costs of the proposed measure(s) and that the extra costs, when compared with the air contaminant emission reduction benefits resulting from the top measure would make use of the top measure unreasonable; or

(4) Where a demonstration can be and is made that this measure should be eliminated from consideration based on its energy impacts such as establishment that it relies on fuels that are not reliably available; or that the energy consumed by the top measure is greater than that consumed by the proposed measure(s), and that the extra energy used, when compared with the air contaminant emission reduction benefits resulting from the top measure would make use of that measure unreasonable.

209.5 Any application submitted pursuant to the requirements of this section shall contain the following:

(a) The control technology or pollution prevention methodology proposed to be installed and operated to meet the requirements of § 209.3;

(b) The list, if this method was chosen, generated pursuant to § 209.4;

(d) Any additional information that the Department requests in order to complete an evaluation of the proposal.

History

SOURCE: Final Rulemaking published at 59 DCR 13044 (November 16, 2012).

20 DCMR § 210 NOTICE AND COMMENT PRIOR TO PERMIT ISSUANCE

210.1 Before issuing a permit under this chapter, the Department shall prepare a draft permit and provide adequate notice to ensure that the affected community and the general public have reasonable access to the application and draft permit information.

210.2 With the exception of any information that the Department deems confidential, the Department shall make available for public inspection:

(a) The application for a permit and any additional information that the Department requests;

(b) The Department’s analysis of the application, including, where required or deemed appropriate, an ambient air quality analysis, a regulatory review, and a control technology review; and

210.3 The Department shall publish a notice regarding the draft permit or denial in the D.C. Register and shall make the information in § 210.2 available for public inspection at the Department’s office and by one or more of the methods described in § 210.4.

210.4 The Department shall use at least one (1) of the following procedures to ensure appropriate means of notification:

(a) Mail or e-mail a copy of the notice to persons on a mailing list that the Department develops consisting of those persons who have requested to be placed on such a mailing list;

(b) Post the notice on the Department’s website;

(d) Provide copies of the notice for posting at one (1) or more locations in the area affected by the source, such as post offices, libraries, community centers, or other gathering places in the community; or

(e) Employ other means of notification as appropriate.

210.5 The notice shall include the following information at a minimum:

(a) Identifying information of the source, including the name and address of the facility, and the name and telephone number of the facility manager or other contact person;

(b) For preconstruction permits (including source category permits), the regulated New Source Review (NSR) pollutants to be emitted, the affected emissions units, and the emission limitations for each affected emissions unit;

(d) For permits to be issued with conditions pursuant to § 200.6 or § 200.7, a description of the proposed limitation and the resulting potential to emit of the source;

(e) The name, address, and telephone number of a contact person in the Department from whom additional information may be obtained;

(f) Locations and times of availability of the information specified in § 210.2; and

(g) A statement that any person may submit written comments, a written request for a public hearing, or both, on the draft permit action within thirty (30) days from the date of the public notice.

210.6 By mail or e-mail, a copy of the notice shall be sent to the applicant, the U.S. Environmental Protection Agency Region III, and to all Affected States (as defined in § 399) for the following permits:

(a) All NSR permits issued pursuant to § 204; and

All source category permits, when initially issued.

History

SOURCE: Final Rulemaking published at 59 DCR 13044 (November 16, 2012); as amended by Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 210

20 DCMR § 211 FEES

211.1 Except as noted under § 211.4, owners or operators of sources required to obtain or renew a permit under this chapter for the construction, modification, or operation of a stationary source, or the installation, modification or operation of any air pollution control device on a stationary source, shall pay all fees applicable according to the following table:

Combustion Equipment

$500

Cogeneration Unit, less than 1 Megawatt

$2,000

Cogeneration Unit, equal to or larger than 1 Megawatt

$500

Emergency Engines (Less than 1,340 hp)

$1,000

Emergency Engines (Equal to or greater than 1,340 hp)

$300

Fuel Burning Equipment – Small (Heat input less than 10 million Btu per hour)

$500

Fuel Burning Equipment – Medium (Heat input equal to or greater than 10 million Btu per hour, but less than 40 million Btu per hour)

$1,000

Fuel Burning Equipment – Large (Heat input equal to or greater than 40 million Btu per hour)

$1,000

Non-Emergency Engines (Less than 1,340 hp)

$2,000

Non-Emergency Engines (Equal to or greater than 1,340 hp)

Other Equipment or Activities

$1,000

Asphalt Plant

$500

Concrete Plant - Portable

$500

Crushers and Screens

$250

Degreaser – Cold Solvent Tank

$500

Dry Cleaning Facility (using perchlorethylene, petroleum solvents, or n-propyl bromide)

$1,000

Gasoline Dispensing Station

$500

Intaglio, Flexographic, and Rotogravure Printing

$500

Lithograph or Letterpress Printing Operation

$500

Miscellaneous Parts Paint Spray Booth

$500

Mobile Equipment Refinishing

$5,000

New Source Review (NSR) Permit (applicable to initial construction permits only)

Facility Wide Permit

$5,000

Plantwide Applicability Limit (PAL) Permit

211.2 If the stationary source or air pollution control device on a stationary source is not covered under § 211.1, the permit fee shall be one thousand dollars ($1,000).

211.3 The fee for a variance shall be one thousand five hundred dollars ($1,500).

211.4 Owners or operators who obtain a permit with a condition under § 200.6 shall pay permit fees pursuant to § 305.5.

211.5 Fees for permits issued pursuant to § 200.8 shall be prorated based on the number of years, or parts of years, that the permit is valid (rounded up to the next one-year increment).

211.6 Sources may apply for a permit with an effective period less than the default permit term, and pay a prorated fee (rounded up to the next one-year increment).

History

SOURCE: Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 211

20 DCMR § 299 DEFINITIONS AND ABBREVIATIONS

299.1 The meanings ascribed to the definitions and abbreviations appearing in § 199.1 and 199.2 of this title shall apply to any terms in this chapter not defined below. However, the following definitions shall apply to the terms as used in this chapter:

Emissions unit – means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant following paragraphs (a) and (b) below:

(a) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two (2) years from the date such emissions unit first operated. Any emissions unit that is constructed or installed for the purpose of replacing an existing unit, or any emissions unit that is relocated from another stationary source for the purpose of replacing an existing unit, shall be considered a new emissions unit at the time of replacement and until two (2) years from the date such new unit commenced operation; and

(b) An existing emissions unit is any emissions unit that is not a new emissions unit.

Major emissions unit – any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined for a major stationary source in § 199.1 of this title.

Major modification – any physical change in or change in the method of operation of a major stationary source that would result in a significant emission increase and a significant net emissions increase of a regulated NSR pollutant from the major stationary source:

(a) Any emissions increase that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone;

(b) A physical change or change in the method of operation shall not include:

(1) Routine maintenance, repair, and replacement. In determining whether an activity at a facility constitutes routine maintenance, repair, and replacement, the owner or operator shall consider the nature, extent, purpose, frequency, and cost of the work to be performed. Routine maintenance, repair, and replacement activities are narrow in scope, do not result in increased capacity, occur with regular frequency, and involve limited expense;

(2) Use of an alternative fuel raw material by reason of an order under §§ 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. §§ 791, et seq. (2006)) (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act (16 U.S.C. §§ 791a, et seq. (2006));

(3) Use of an alternative fuel by reason of an order or rule under § 125 of the Clean Air Act;

(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

(5) Use of an alternative fuel or raw material by a stationary source which;

(A) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 12, 1976 pursuant to 40 C.F.R. § 52.21 or under regulations approved pursuant to 40 C.F.R. part 51, subpart I or 40 C.F.R. § 51.166; or

(B) The source is approved to use under any permit issued pursuant to §§ 204 or 208;

(6) A change that only consists of an increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to 40 C.F.R. § 52.21 or regulations approved pursuant to 40 C.F.R. part 51, subpart I or 40 C.F.R.§ 51.166; or

(7) Any change in ownership at a stationary source; and

(c) This definition shall not apply with respect to a particular pollutant when the major stationary source is complying with the requirements under § 208 for a PAL for that pollutant. Instead, the definition for PAL major modification in § 299.1 shall apply.

Net emissions increase – is as follows:

(a) With respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of subparagraphs (1) and (2) below exceeds zero (0):

(1) The emissions increase from the project, determined according to the following:

(A) The emissions increase from the project is determined by summing the potential to emit from each new emissions unit and the difference between the potential to emit for each existing unit affected by the project after the change and the actual emissions prior to the change; and

(B) An emissions unit is considered affected by the project if an emissions increase from the unit would occur as a result of the project, regardless of whether a physical change or change in the method of operation will occur at the particular emissions unit; and

(2) Any other increases and decreases in emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable;

(b) An increase or decrease in emissions is contemporaneous with the increase from the project only if it occurs during the period of five (5) consecutive calendar years before and including the date of submittal of the application and continuing until operation commences;

(c) An increase or decrease in emissions is creditable only if the Department or other reviewing authority has not relied on it in issuing a permit for the source under this section, which permit is in effect when the increase in emissions from the particular change occurs;

(d) An increase in emissions is creditable to the extent that the new level of allowable emissions exceeds the old level of actual emissions for the contemporaneous change;

(e) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days;

(f) A decrease in emissions is credible, to the extent that:

(1) The old level of actual emissions exceeds the new level of allowable emissions;

(2) The new level of allowable emissions is enforceable as a practical matter at and after the time that actual construction on the particular change begins;

(3) The Department has not relied on it in issuing any permit under regulations approved pursuant to 40 C.F.R. part 51, subpart I or the State has not relied on it in demonstrating attainment or reasonable further progress; and

(4) The decrease in emissions has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

(g) Actual emissions for calculating increases and decreases under this paragraph shall be determined as defined in § 199.1 of this title.

Plantwide applicability limit (PAL) – an emission limitation, expressed in tons per year, for a pollutant at a major stationary source that is federally enforceable and enforceable as a practical matter established source-wide in accordance with § 208.

PAL baseline emissions – the rate of emissions, in tons per year, of a single regulated NSR pollutant:

(a) For any emissions unit that was an existing emissions unit during the PAL baseline period, PAL baseline emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during the PAL baseline period;

(1) The average rate shall include fugitive emissions to the extent quantifiable and any authorized emissions associated with startup and shutdown;

(2) The average rate shall not include excess emissions or emissions associated with upsets or malfunctions;

(3) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the PAL baseline period;

(4) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the PAL baseline period; and

(5) The average rate shall not be based in any period for which there is inadequate information either for determining emissions, in tons per year, or for adjustments required by subparagraphs (1) through (4) above; and

(b) For any existing emissions unit that was not an existing emissions unit during the PAL baseline period but commenced operation during or after the selected PAL baseline period, the PAL baseline emissions shall equal the allowable emissions or the potential to emit, whichever is lower;

(d) PAL baseline emissions shall be determined by measurement, calculations, estimations, or recordkeeping in the order of the following preferences:

(1) Continuous Emission Monitoring System (CEMS) data integrated to annual emissions using flow meters and conversion factors;

(2) Predictive Emissions Monitoring System (PEMS);

(3) Other Measurements and Calculations:

(A) Stack emissions:

(i) Determine hourly emissions by stack emission testing;

(ii) Determine annual operating hours using hour meter records; and

(iii) Calculate annual emissions using hourly emissions and annual operating hours; or

(iv) Determine emissions per heat input by stack emission testing;

(v) Determine amount of fuel combusted in a year using fuel flow meter record and calculate annual heat input; and

(vi) Calculate annual emissions using emissions per heat input and annual heat input;

(B) Mass balance:

(i) Determine the amount of materials used through measurements in the process;

(ii) Calculate emissions per mass of material used using mass balance techniques;

(iii) Determine amount of material used in a year; and

(iv) Calculate annual emissions using emissions per mass of material and amount of material used in a year;

(i) Using generally recognized and accepted emission factors such as AP-42, determine hourly emissions;

(ii) Determine annual operating hours using hour meter records; and

(iii) Calculate annual emissions using hourly emissions and annual operating hours; or

(iv) Using generally recognized and accepted emission factors such as AP-42, determine emissions per heat input unit;

(v) Determine amount of fuel combusted in a year using fuel flow meter record and calculate annual heat input; and

(vi) Calculate annual emissions using emissions per heat input and annual heat input; or

(4) Instances where measurements of operating hours or fuel combusted (hour meter or fuel flow meter) are not available, annual emissions can be calculated using available records (such as production records, fuel consumption records, fuel purchase receipts, laboratory reports on fuel analysis, and third party records such as electric bills);

(A) Determine hourly emissions using stack emission tests, mass balance or emission factors;

(B) Determine annual hours of operation using production records; and

(D) Determine emissions per heat input unit using stack emission tests, mass balance or emission factors;

(E) Determine amount of fuel combusted in a year records and calculate annual heat input; and

(F) Calculate annual emissions using emissions per heat input and annual heat input.

PAL baseline period – the two (2) consecutive calendar years immediately prior to the year the application for a PAL is submitted. The Department may allow the use of a different consecutive twenty-four (24) month period within the last five (5) years upon a determination that the operations during that period would be more representative of normal source operations.

PAL effective date – generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. The PAL limit that was in effect prior to the change shall remain in effect until the new PAL is effective.

PAL major modification – notwithstanding the definitions for major modification and net emissions increase in § 199.1, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level greater than the PAL.

PAL pollutant – the pollutant for which a PAL is established at a major stationary source.

Predictive emissions monitoring system (PEMS) – all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.

Regulated NSR (new source review) pollutant – is the following:

(a) Nitrogen oxides or any volatile organic compounds;

(b) Any pollutant for which a national ambient air quality standard has been promulgated;

(c) Any pollutant that is a constituent or precursor of a general pollutant listed under paragraphs (a) or (b) above, provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant;

(d) Precursors identified by the Administrator for purposes of NSR are the following:

(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas;

(2) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas;

(3) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless the Department demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM2.5 concentrations; and

(4) Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the Department demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations; and

(e) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures, determined in accordance with the following:

Such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in nonattainment major NSR permits; and

Compliance with emissions limitations for PM2.5 and PM10 shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particulate matter to be included.

Significant – in reference to a significant emissions increase, a significant net emissions increase, or the potential of a stationary source or emissions unit to emit a significant amount of a regulated NSR pollutant, a rate of emissions that would equal or exceed any of the following:

(a) Carbon monoxide: one hundred tons per year (100 Tpy);

(b) Ozone - Nitrogen oxides or VOCs: twenty-five (25) Tpy;

(d) Lead: six-tenths (0.6) Tpy;

(e) PM10: fifteen (15) Tpy;

(f) PM2.5: ten (10) Tpy;

(g) For the purposes of applying the requirements of this section, where applicable, to a major stationary source of a PM10 precursor located in a PM10 nonattainment area, the significant emission rate for a PM10 precursor is forty (40) Tpy or more of that precursor;

(h) For the purposes of applying the requirements of this section, the significant emission rate for a PM2.5 precursor is forty (40) Tpy of sulfur dioxide emissions and forty (40) Tpy of nitrogen oxide emissions;

(i) Notwithstanding the significant emissions rate for carbon monoxide stated above, significant for carbon monoxide in a serious nonattainment area is fifty (50) Tpy, provided the Department has determined that the applicable stationary source contributes significantly to carbon monoxide levels in that area;

(j) Notwithstanding the significant emissions rates for ozone stated above, significant for volatile organic compounds in an extreme nonattainment area for ozone is any amount above zero; and

(k) Notwithstanding the above paragraphs, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within six and twenty-one hundredths miles (6.21 m.), or ten kilometers (10 km), of any Class I area, and have an impact on the area equal to or greater than one microgram per cubic meter (1 µg/m³) over a twenty-four hour (24 hr) average.

Significant emissions increase – for a regulated NSR pollutant, an increase in emissions that is significant (as defined in this section) for that pollutant.

Significant emissions unit – an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined under “significant” in this subsection or in the Clean Air Act, whichever is lower) for that PAL pollutant.

Small emissions unit – an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level (as defined under “significant” in this subsection or in the Clean Air Act, whichever is lower) for that PAL pollutant.

Source category permit – a preconstruction or operating permit issued by the Department that may be applied to a number of similar emissions units or sources. A source category permit may be written to address a single emissions unit, a group of the same type of emissions units, or an entire minor source.

History

SOURCE: Final Rulemaking published at 59 DCR 13044 (November 16, 2012).

20-3 AIR QUALITY - OPERATING PERMITS AND ACID RAIN PROGRAMS

20 DCMR § 300 APPLICABILITY

300.1 Except as exempted from the requirement to obtain a permit under § 300.3 and elsewhere herein, the following sources shall be subject to the permitting requirements under this chapter:

(a) Any major source;

(b) Any source, including an area source, subject to a standard, limitation, or other requirement under § 111 of the Act;

(c) Any source, including an area source, subject to a standard or other requirement under § 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under § 112(r) of the Act;

(d) Any affected source; and

(e) Any source in a source category designated by the Administrator pursuant to 40 CFR § 70.3.

300.2 In the event that this chapter conflicts or is inconsistent with other requirements of the air quality regulations of this title, this chapter shall supersede for sources subject to its provisions.

300.3 The following source category exemptions shall apply:

(a) All sources listed in § 300.1 that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to § 129(e) of the Act, are exempt from the obligation to obtain a Part 70 permit unless required to do so under applicable requirements, or future rulemaking by the Administrator, but any such exempt source may apply for a permit under this chapter;

(b) If the Administrator decides to terminate the exemption of certain nonmajor sources when adopting standards or other requirements under § 111 or 112 of the Act after July 21, 1992, the nonmajor sources shall become subject to the permitting requirements in accordance with the standard or other requirement adopted by the Administrator;

(c) All sources that obtain a permit with a condition pursuant to § 200.6 that allows the source to avoid the applicability of § 300.1, and pay the associated fees pursuant to § 305.5, commonly referred to as a “synthetic minor” permit, are exempted from the requirements to obtain a Part 70 permit; and

(d) Sources in the following source categories shall be exempted from the obligation to obtain a Part 70 permit:

(1) All sources in source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA - Standards of Performance for New Residential Wood Heaters; and

(2) All sources in source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, 40 CFR § 61.145, Standard for Demolition and Renovation.

300.4 The emission units covered in a Part 70 permit shall be determined as follows:

(a) For major sources, the permit shall include all applicable requirements for all relevant emissions units in the major source; and

(b) For any nonmajor source subject to this rule under § 300.1 and not exempt under § 300.3, the permit shall include only the applicable requirements which apply to emissions units that cause the source to be subject to the requirement to obtain a permit under this chapter.

300.5 Fugitive emissions from a covered source shall be included in the permit application and the permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

History

SOURCE: Final Rulemaking published at 40 DCR 8105 (November 19, 1993); as amended by Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 300

20 DCMR § 301 PERMIT APPLICATIONS

301.1 For each Part 70 source, a timely and complete permit application shall be submitted by the owner or operator, and reviewed by the Department, in accordance with the following:

(a) A timely application shall be submitted under the following conditions:

(1) Sources that are subject to the operating permit program established by this chapter as of the date the program is approved by the Administrator, the “effective date,” shall file applications on the following schedule:

(A) Sources that emitted one hundred fifty (150) tons per year or less of regulated pollutants in the aggregate during the previous calendar year shall file complete applications within eight (8) months of the effective date; provided, that upon request and for good cause shown, the Department may allow a source additional time up to twelve (12) months from the effective date; and

(B) All other sources shall file complete applications within twelve (12) months of the effective date;

(2) A source that becomes subject to the operating permit program established by this chapter at any time following the effective date shall file a complete application within twelve (12) months of the date on which the source first becomes subject to the program;

(3) A source that is required to meet the requirements under § 112(g) of the Act, or to have a permit under a preconstruction review program under Title I of the Act, shall file a complete application to obtain an operating permit or permit amendment or modification within twelve (12) months after commencing operation;

(4) Where an existing operating permit would prohibit the construction or change in operation, the source shall obtain a permit revision before commencing operation;

(5) Sources subject to this chapter shall file an application for renewal of an operating permit at least six (6) months before the date of permit expiration, unless a longer period (not to exceed eighteen (18) months) is specified in the permit; and

(6) Sources required to submit applications for initial phase II acid rain permits shall submit the applications to the Department by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides;

(b) The following procedures shall be followed when Part 70 permit applications are received:

(1) Within five (5) days of receipt of an application, the Department shall notify the applicant of the date on which the application was received and the date on which the application will automatically be deemed complete unless the Department determines otherwise;

(2) The Department shall review each application for completeness and shall inform the applicant within sixty (60) days if the application is incomplete;

(3) To be complete for purposes of this section, an application shall include a completed application form and, to the extent not called for by the form, the information required in §§ 301.4 and 301.5;

(4) An application shall be considered complete if it contains the information required by the application form and §§ 301.4 and 301.5;

(5) If the Department does not notify the source within sixty (60) days of receipt that its application is incomplete, the application shall be deemed complete, however nothing in this subsection shall prevent the Department from requesting additional information in writing that is necessary to process the application;

(6) The Department shall maintain a checklist to be used for the completeness determination, and a copy of the checklist shall be provided to applicants along with application forms issued by the Department;

(7) If, while processing an application that has been determined or deemed to be complete, the Department determines that additional information is necessary to evaluate or take final action on that application, the Department may request the additional information in writing and shall establish a reasonable deadline for a response;

(8) In submitting an application for renewal of an operating permit issued under this chapter, a source may identify terms and conditions in its previous permit that should remain unchanged and incorporate by reference those portions of its existing permit and the permit application and any permit amendment or modification applications that describe products, processes, operations, and emissions to which those terms and conditions apply;

(9) In submitting an application for renewal of an operating permit issued under this chapter, the source shall identify specifically and list the portions of its previous permit or applications that are incorporated by reference; and

(10) A renewal application shall contain the following:

(A) Information specified in §§ 301.4 and 301.5 for those products, processes, operations, and emissions of the following that:

(i) Are not addressed in the existing permit;

(ii) Are subject to applicable requirements that are not addressed in the existing permit; or

(iii) Are terms and conditions sought by the source that are different than those in the existing permit;

(B) A compliance plan and certification as required in § 301.5(h); and

(c) If a source submits information to the Department under a claim of confidentiality pursuant to § 114(c) of the Act, the source shall also submit a copy of the information, along with the claim of confidentiality, directly to the Administrator, if the Department requests that the source do so; and

(d) The contents of a Part 70 permit issued under this chapter shall not be entitled to confidential treatment.

301.2 An applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of the failure or incorrect submittal, promptly submit the supplementary facts or corrected information.

301.3 An applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date the applicant filed a complete application but prior to release of a draft permit.

301.4 All sources that are subject to the operating permit program established by this chapter shall submit applications on the standard application form that the Department provides for that purpose, which shall include information needed to determine the applicability of any applicable requirement and to evaluate the fee amount required under the schedule set forth in § 305.

301.5 The applicant shall submit the information called for by the application form for each emissions unit at the source to be permitted, and the application form and any attachments shall require that the following be provided:

(a) Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager or contact;

(b) A description of the source's processes and products (by two-digit Standard Industrial Classification Code), including any associated with each alternate scenario identified by the source;

(1) All emissions of pollutants for which the source is major and all emissions of regulated air pollutants as follows:

(A) A description of all emissions of regulated air pollutants emitted from any emissions unit; and

(B) Additional information related to the emissions of regulated air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to determine the amount of any permit fees owed under the fee schedule set forth in § 305;

(2) Identification and description of all points of emissions described in § 301.5(c)(1) in sufficient detail to establish the basis for fees and applicability of the Act's requirements;

(3) Emissions rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method, if any;

(4) The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules;

(5) Identification and description of air pollution control equipment and compliance monitoring devices or activities;

(6) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the covered source;

(7) Other information required by any applicable requirement (including information related to stack height limitations developed pursuant to § 123 of the Act); and

(8) Calculations on which the information in subparagraphs (c)(1) through (c)(7) of this subsection is based;

(d) The following air pollution control requirements:

(1) Citation and description of all applicable requirements; and

(2) Description of or reference to any applicable test method for determining compliance with each applicable requirement;

(e) Other specific information that may be necessary to implement and enforce other applicable requirements of the Act or of this chapter or to determine the applicability of the requirements;

(f) An explanation of any proposed exemptions from otherwise applicable requirements;

(g) Additional information as determined to be necessary by the Department to define alternative operating scenarios identified by the source pursuant to § 302.1(j) or to define permit terms and conditions implementing §§ 302.1(k) or 302.8 of this chapter;

(h) A compliance plan for all covered sources that contains all of the following:

(1) A description of the compliance status of the source with respect to all applicable requirements;

(2) A description as follows:

(A) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements;

(B) For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis; and

(C) For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with the requirements;

(3) A compliance schedule as follows:

(A) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements;

(B) For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis;

(C) A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy the provision under paragraph (B) of this subpart, unless a more detailed schedule is expressly required by the applicable requirement; and

(D) A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance, which shall:

(i) Include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance; and

(ii) Resemble and be equivalent in stringency to that contained in any judicial consent decree or administrative order to which the source is subject, and shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based;

(4) A schedule for submission of certified progress reports no less frequently than every six (6) months for sources required to have a schedule of compliance under § 301.5(h)(3)(D); and

(5) The compliance plan content requirements specified in this subparagraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations;

(i) Requirements for compliance certification, including the following:

(1) A certification of compliance with all applicable requirements by a responsible official consistent with § 114(a)(3) of the Act and § 301.6;

(2) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;

(3) A schedule for submission of compliance certifications during the permit term, which shall be submitted annually, or more frequently if required by an underlying applicable requirement; and

(4) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act;

(j) The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Act; and

(k) The permit application fee required pursuant to § 305.1.

301.6 Any application form, report, or compliance certification submitted pursuant to this chapter shall contain certification by a responsible official of truth, accuracy, and completeness, which shall meet the following requirements:

(a) This certification and any other certification required under this chapter shall be signed by a responsible official; and

(b) This certification and any other certification required under this chapter shall contain the following language: “I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.”

301.7 Pursuant to § 300.4, a major source shall obtain a permit addressing all applicable requirements for all relevant emissions units in the major source, which may be complied with through one of the following methods:

(a) The source obtains a single permit for all relevant emission units; or

(b) The source requests and obtains coverage for one or more emission units eligible for coverage under a general permit or permits issued by the Department and obtains a separate permit for all remaining emission units not eligible for the coverage.

History

SOURCE: Final Rulemaking published at 40 DCR 8105, 8107 (November 19, 1993); as amended by Final Rulemaking published at 48 DCR 4479 (May 18, 2001); as amended by Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 301

20 DCMR § 302 PERMIT CONTENT

302.1 Except as provided for in § 300.3(b), every permit issued under these operating permit rules shall include all applicable requirements that apply to the permitted source at the time of issuance. Each permit shall include the following elements:

(a) The permit shall specify emissions limitations and standards that constitute applicable requirements, and shall include those operational requirements and limitations necessary to assure compliance with all applicable requirements, inclusive of the following:

(1) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based;

(2) When an applicable requirement of the Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Act, both provisions shall be incorporated into the permit and shall be enforceable by the Administrator; and

(3) If an applicable requirement allows a source to comply through an alternative emission limit or means of compliance, a source may request that an alternative limit or means of compliance be specified in its permit. An alternative emission limit or means of compliance shall be included in a source's permit upon a showing that it is quantifiable, accountable, enforceable, and based on replicable procedures. The source shall propose permit terms and conditions to satisfy these requirements in its application;

(b) The permit shall specify a fixed term. The Mayor shall issue permits for any fixed period requested in the permit application, not to exceed five (5) years, except as provided in subparagraphs (1) and (2) of this paragraph:

(1) Permits issued to affected sources shall in all cases have a fixed term of five (5) years;

(2) Permits issued to solid waste incineration units combusting municipal waste subject to standards under § 129(e) of the Act shall have a term not to exceed twelve (12) years. The permits shall be reviewed at least every five (5) years;

(c) To comply with monitoring and related recordkeeping and reporting requirements the following elements shall be required:

(1) Each permit shall contain the following requirements with respect to monitoring:

(A) All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to § 114(a)(3) or 504(b) of the Act;

(B) Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit, as reported pursuant to § 302.1(c)(3). The monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this subparagraph; and

(C) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods;

(2) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following:

(A) Records of required monitoring information that include the following:

(i) The date, place as defined in the permit, and time of sampling or measurements;

(ii) The date(s) analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of the analyses; and

(vi) The operating conditions as existing at the time of sampling or measurement;

(B) Retention of records of all required monitoring data and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. If appropriate, the permit may specify that records may be maintained in computerized form;

(3) With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following:

(A) A permit issued under this chapter shall require the permittee to submit a report of any required monitoring at least every six (6) months. To the extent possible, the schedule for submission of the reports shall be timed to coincide with other periodic reports required by the permit, including the permittee's annual compliance certification;

(B) Each report submitted under subparagraph (3)(A) shall identify any deviations from permit requirements since the previous report, and any deviations from the monitoring, recordkeeping and reporting requirements under the permit;

(i) Any deviation resulting from an emergency as defined in § 399.1 shall be reported within two (2) working days of the date on which the permittee first becomes aware of the deviation;

(ii) Any deviation that poses an imminent and substantial danger to public health, safety, or the environment shall be reported immediately;

(iii) Any other deviations that are identified in the permit as requiring more frequent reporting shall be reported on the schedule specified in the permit; and

(iv) All reports of deviations shall identify the probable cause of the deviations and any corrective actions or preventative measures taken;

(D) Every report submitted under this subsection shall be certified by a responsible official, except that if a report of a deviation required under subparagraph (3)(C) must be submitted within ten (10) days of the deviation, the report may be submitted in the first instance without a certification if an appropriate certification is provided within ten (10) days thereafter, together with any corrected or supplemental information required concerning the deviation; and

(E) A permittee may request confidential treatment for information in any report submitted under this subsection pursuant to the limitations and procedures set out in § 301.1(c);

(d) If the source is required to develop and register a risk management plan pursuant to § 112(r) of the Act, the permit need only specify that it will comply with the requirement to register such a plan. The content of the risk management plan need not itself be incorporated as a permit term;

(e) The permit shall prohibit emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder:

(1) No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the Acid Rain Program; Provided, that the increases do not require a permit revision under any other applicable requirement;

(2) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement; and

(3) Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Act.

(f) The permit shall include a severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit;

(g) The permit shall include provisions stating the following general requirements:

(1) The permittee must comply with all conditions of the permit. Any noncompliance with the permit constitutes a violation of the Act and this chapter and is grounds for enforcement action or for permit revocation or modification or for denial of a permit renewal application;

(2) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit;

(3) The permit may be reopened or revoked, for cause. Except as provided under § 303.5(b) for minor permit modifications, the filing of a permit reopening, revocation or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition;

(4) The permit does not convey any property rights of any sort, or any exclusive privilege; and

(5) The permittee shall furnish to the Mayor, upon receipt of a written request and within a reasonable time, any information that the Mayor may request to determine whether cause exists for, reopening, or revoking the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Mayor copies of records required to be kept by the permit. The permittee may make a claim of confidentiality pursuant to § 301.1(c) for any information or records submitted under this paragraph;

(h) The permit shall provide that the permittee will pay fees to the Mayor consistent with the fee schedule established under § 305;

(i) The permit shall provide that no permit revision shall be required under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit;

(j) The permit shall include terms and conditions which will meet all the applicable requirements and the requirements of this chapter for each of the operating scenarios described in the permit application and eligible for approval. The permit shall authorize the permittee to make changes among operating scenarios authorized in the permit without notice, but shall require the permittee contemporaneously with making a change from one operating scenario to another to record in a log at the permitted facility the scenario under which it is operating; and

(k) The permit shall include terms and conditions, if the permit applicant requests them, for the trading or averaging of emissions increases and decreases in the permitted stationary source, to the extent that the applicable requirements provide for trading or averaging such increases and decreases without a case-by-case approval of each emissions trade. The terms and conditions shall include terms under §§ 302.1 and 302.3 to determine compliance and shall satisfy all requirements of the applicable requirements authorizing the trading or averaging. The terms and conditions for the trading or averaging of emissions shall meet all applicable requirements and the requirements of the operating permits program.

302.2 Each Part 70 permit shall have the following features with respect to enforceability:

(a) Except as provided in § 302.2(b), all terms and conditions in a permit issued under this chapter, including any provisions designed to limit a source's potential to emit, are enforceable by the Mayor, by the Administrator, and by citizens under the Act; and

(b) Notwithstanding § 302.2(a), the Mayor shall designate as not being federally-enforceable under the Act any terms and conditions included in the permit that are not required under the Act or any of its applicable requirements, and such terms and conditions shall not be enforceable by the Administrator and citizens under the Act. Terms and conditions so designated shall not be subject to the requirements of §§ 303 and 304 of this chapter or of 40 CFR Part 70. Terms and conditions designated under this paragraph may be included in an addendum to the source's permit.

302.3 All permits issued under Part 70 shall contain the following elements with respect to compliance:

(a) Consistent with § 302.1(c), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including reports) required by a permit under this chapter shall contain a certification by a responsible official as to the results of the required monitoring pursuant to § 301.4;

(b) Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow authorized officials of the Mayor to perform the following:

(1) Enter upon the permittee's premises where a source is located or emissions-related activity is conducted, or where records shall be kept under the conditions of the permit;

(2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;

(3) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and

(4) As authorized by the Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements;

(d) To the extent required under an applicable schedule of compliance and § 301.3(h), progress reports, to be submitted semiannually, or more frequently if specified in the applicable requirement or by the Mayor. The progress reports shall contain the following:

(1) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when the activities, milestones or compliance were achieved; and

(2) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted;

(e) Requirements for compliance certification with terms and conditions contained in the permit that are federally-enforceable, including emission limitations, standards, or work practices. Each permit shall specify the following:

(1) The frequency (which shall be annually unless the applicable requirement specifies submission more frequently) of submissions of compliance certifications;

(2) In accordance with § 302.1(c), a means for monitoring the compliance of the source with emissions limitations, standards, and work practices contained in applicable requirements;

(3) A requirement that the compliance certification include the following:

(A) The identification of each term or condition of the permit that is the basis of the certification;

(B) The permittee's current compliance status;

(D) The method(s) used for determining the compliance status of the source, currently and over the reporting period as required by § 302.1(c); and

(E) Any other facts as the Mayor may require to determine the compliance status of the source;

(4) A requirement that all compliance certifications be submitted to the Administrator as well as to the Mayor;

(5) Any additional requirements as may be specified pursuant to §§ 114(a)(3) and 504(b) of the Act; and

(f) Any other provisions as the Mayor may require.

302.4 General permits may be issued under the following circumstances:

(a) The Mayor may issue a general permit, complying with all requirements applicable to other Part 70 permits, to any source category if the Mayor concludes that the category is appropriate for permitting on a generic basis. No general permit may be issued for affected sources under the Acid Rain Program unless otherwise provided in regulations promulgated under Title IV of the Act;

(b) A general permit may be issued for a source category based upon an application from a source within the source category or upon the Mayor's own initiative. The Mayor shall, following receipt of an application for a general permit, or upon a determination that issuance of a general permit for a category of sources may be appropriate, follow the same procedures for issuance of a general permit as for any other permit issued under Part 70;

(1) To establish terms and conditions to implement applicable requirements for a source category;

(2) To establish terms and conditions to implement applicable requirements for specified categories of changes to permitted sources;

(3) To establish terms and conditions for new requirements that apply to sources with existing permits; and

(4) To establish federally-enforceable caps on emissions from sources in a specified category;

(d) The Mayor may issue a general permit if the Mayor finds the following:

(1) There are several permittees, permit applicants, or potential permit applicants who have the same or substantially similar operations, emissions, activities, or facilities;

(2) The permittees, permit applicants, or potential permit applicants emit the same types of regulated air pollutants;

(3) The operations, emissions, activities, or facilities are subject to the same or similar standards, limitations, and operating requirements; and

(4) The operations, emissions, activities, or facilities are subject to the same or similar monitoring requirements;

(e) A general permit issued under this section shall identify criteria by which sources may qualify for the general permit. After the Mayor has issued a general permit, the source named in the permit may submit a request for coverage under the permit subject to the following conditions:

(1) A request for coverage under a general permit shall identify the source and provide information sufficient to demonstrate that the source meets the general permit qualification criteria and that the source is in compliance with the general permit. The request shall provide any additional information the general permit specifies; and

(2) A final action approving a request for coverage under a general permit shall not be subject to public comment or judicial review;

(f) A copy of the general permit, together with a list of sources approved for coverage under it, shall be kept on file for public review;

(g) A general permit issued under this section shall expressly provide that any source approved for coverage under a general permit shall be entitled to the protection of the permit shield provisions of § 302.6 for all operations, activities, and emissions addressed by the general permit. Notwithstanding the shield provisions of § 302.6, the source shall be subject to enforcement action for operation without a permit if it is subsequently determined that the source does not qualify for the conditions and terms of the general permit; and

(h) If some, but not all, of a source's operations, activities, and emissions are eligible for coverage under one or more general permits, the source may apply for coverage under the general permits for the operations, activities, and emissions that are so eligible. If the source is required under § 300 to obtain a permit addressing the remainder of its operations, activities, and emissions, it must apply for and receive a permit addressing those items not covered by general permits.

302.5 The Mayor may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operation shall be temporary and involve at least one change of location during the term of the permit. No affected source shall be permitted as a temporary source. Permits for temporary sources shall include the following:

(a) Conditions that will assure compliance with all applicable requirements at all authorized locations;

(b) Requirements that the owner or operator notify the permitting authority at least ten (10) days in advance of each change in location; and

302.6 A permit shield shall apply to a Part 70 source under the following conditions:

(a) The Mayor may expressly include in a Part 70 permit a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance; Provided, that:

(1) The applicable requirements are included and specifically identified in the permit; or

(2) The Mayor, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary of the determination;

(b) A Part 70 permit that does not expressly state that a permit shield exists shall be presumed not to provide a shield;

(1) The provisions of § 303 of the Act, including the authority of the Administrator under that section;

(2) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;

(3) The applicable requirements of the Acid Rain Program, consistent with § 408(a) of the Act; or

(4) The ability of the Administrator to obtain information from a source pursuant to § 114 of the Act.

302.7 [RESERVED]

302.8 Each permit issued under Part 70 shall provide that a permitted stationary source is expressly authorized to make a § 502(b)(10) change within the stationary source without a permit amendment or permit modification, if the change is not a modification under any provision of Title I of the Act, does not include any change in the date of the source's compliance schedule and the change does not result in a level of emissions exceeding the emissions allowable under the permit whether expressed therein as a rate of emissions or in terms of total emissions under the following conditions:

(a) Before making a change under this provision, the permittee shall provide advance written notice to the Mayor and to the Administrator, describing the change to be made, the date on which the change will occur, any changes in emissions, and any permit terms and conditions that are affected including those which are no longer applicable. The permittee shall thereafter maintain a copy of the notice with the permit, and the Mayor shall place a copy with the permit in the public file. The written notice shall be provided to the Mayor and the Administrator at least seven (7) days before the change is to be made, except that this period may be shortened or eliminated as necessary for a change that must be implemented more quickly to address unanticipated conditions posing a significant health, safety, or environmental hazard. If less than seven (7) days notice is provided because of a need to respond more quickly to the unanticipated conditions, the permittee shall provide notice to the Mayor and the Administrator immediately upon learning of the need to make the change;

(b) A permitted source may rely on the authority of this section to trade increases and decreases in emissions within the stationary source, where the applicable requirements provide for the emissions trades without a permit revision. In such a case, the advance written notice provided by the permittee shall identify the underlying authority authorizing the trading and shall state when the change will occur, the types and quantities of emissions to be traded, the permit terms or other applicable requirements with which the source will comply through emissions trading, and any other information as may be required by the applicable requirement authorizing the emissions trade;

(c) The permit shield provided under § 302.6 shall not apply to changes made under this section, except those provided for in § 302.8(d); however, the protection of the permit shield will continue to apply to operations and emissions that are not affected by the changes; Provided, that the permittee complies with the terms and conditions of the permit applicable to such operations and emissions. The shield may be reinstated for emissions and operations affected by the change:

(1) If subsequent changes cause the stationary source's operations and emissions to revert to those contained in the permit and the permittee resumes compliance with the terms and conditions of the permit; or

(2) If the permittee obtains a significant modification to the permit pursuant to § 303.5(d) to codify the change in the permit, and the modified permit expressly provides protection under the shield for the change; and

(d) Upon the request of a permit applicant, the Mayor shall issue a permit that contains terms and conditions allowing for the trading of emissions increases and decreases in the permitted stationary source solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms that assure that the emissions trades are quantifiable and enforceable and comply with all applicable requirements and §§ 302.1 and 302.3. The permit shield under § 302.6 shall apply to permit terms and conditions authorizing such increases and decreases in emissions. Under this paragraph, the written notification required under this section shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit.

302.9 Except as provided in § 302.9(e), a stationary source may make any change in its operations or emissions that is not addressed or prohibited in its permit, without obtaining an amendment or modification of its permit. The changes shall be subject to the following requirements and restrictions:

(a) The change shall meet all applicable requirements and may not violate any existing permit term or condition;

(b) The permittee shall provide contemporaneous written notice of the change to the Mayor and to the Administrator. The written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result of the change;

(d) The permittee shall keep a record describing all changes made at the source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes; and

(e) No permittee may make, without a revision of its permit, a change that is not addressed or prohibited by its permit if such change is subject to any requirements under Title IV of the Act or is a modification under any provision of Title I of the Act.

History

SOURCE: Final Rulemaking published at 40 DCR 8105, 8114 (November 19, 1993); as Final Rulemaking published at 48 DCR 4479 (May 18, 2001); as Final Rulemaking published at 50 DCR 2343 (March 21, 2003); as amended by Final Rulemaking published at 71 DCR 013067 (November 1, 2024). District of Columbia Municipal Regulations Environment 20 DCMR § 302

20 DCMR § 303 PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS

303.1 The following criteria shall be used in the processing of a permit application:

(a) A permit, permit modification, or permit renewal may be issued only if all of the following conditions have been met:

(1) The Department has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under § 302.4;

(2) Except for modifications qualifying for minor permit modification procedures under §§ 303.5(b) and 303.5(c), the Department has complied with the requirements for public participation under § 303.10;

(3) The Department has complied with the requirements for notifying and responding to affected States under § 304.2;

(4) The Department finds that the conditions of the permit provide for compliance with all applicable requirements and the requirements of Part 70; and

(5) The Administrator has received a copy of the proposed permit and any notices required under §§ 304.1 and 304.2, and has not objected to issuance of the permit under § 304.3 within the time period specified therein;

(b) Upon receipt of an application submitted pursuant to § 301, the Department shall provide notice to the applicant of whether the application is complete;

(c) Unless the Department requests additional information or otherwise notifies the applicant that the application is incomplete within sixty (60) days of receipt, the application shall be deemed complete;

(d) Following review of an application submitted in accordance with § 301, the Department shall issue a draft permit, permit modification, or permit renewal for public comment, in accordance with the public participation procedures in § 303.10; and

(1) The draft permit, permit modification, or permit renewal shall be accompanied by a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions); and

(2) The Department shall send the statement required by § 303.1(d)(1) to the Administrator, to affected States, and to the applicant, and shall place a copy in the public file;

(e) The Department shall transmit to the Administrator a proposed permit, permit modification, or permit renewal;

(f) The proposed permit, permit modification, or permit renewal shall be issued no later than fifty (50) days preceding the respective deadlines for permit issuance, permit modifications, and permit renewals established in this chapter, and shall contain all applicable requirements that have been promulgated and made applicable to the source as of the date of issuance of the draft permit; and

(g) If new requirements are promulgated or otherwise become newly applicable to the source following the issuance of the draft permit but before issuance of the final permit, the Department may either:

(1) Extend or reopen the public comment period (for an additional time not to exceed thirty (30) days) to solicit comment on additional permit provisions to implement the new requirements; or

(2) If the Department determines that extension or reopening of the public comment period would unduly delay issuance of the permit:

(A) The Department shall include within the proposed or final permit a provision stating that the permit will be reopened to incorporate the new requirements and expressly excluding the new requirements from the protection of the permit shield;

(B) If the Department elects to issue the proposed or final permit without incorporating the new requirements, the Department shall, within thirty (30) days of the new requirements becoming applicable to the source, institute proceedings pursuant to § 303.6 to reopen the permit to incorporate the new requirements; and

(h) The following action shall be taken after the Department’s transmittal of the proposed permit, permit modification, or permit renewal for the Administrator's review:

(1) Upon receipt of notice from the Administrator that the Administrator will not object to a proposed permit, permit modification, or permit renewal that has been transmitted for the Administrator's review pursuant to § 304, the Department shall issue the permit, permit modification, or permit renewal no later than the fifth (5th) day following receipt of the notice from the Administrator; or

(2) Upon the passage of forty-five (45) days after transmission of a proposed permit, permit modification, or permit renewal for the Administrator's review, and if the Administrator has not notified the Department that the Administrator objects to the proposed permit action, the Department shall issue the permit, permit modification, or permit renewal no later than the fiftieth (50th) day following transmission for the Administrator's review;

(i) Except as provided in §§ 303.1(j)(1) or (2), the Department shall take final action on each application for a permit within eighteen (18) months after receiving a complete application;

(j) For each permit application, the Department shall transmit a proposed permit, permit modification, or permit renewal to the Administrator no later than fifty (50) days before the appropriate deadline for permit issuance established in this section:

(1) The Department shall take final action on at least one-third (1/3) of all initial permit applications (as defined in § 301.1(a)(1)) annually during the first three (3) years following the effective date of the operating permit program; and

(2) The Department shall take action on any permit, permit modification, or permit renewal issued in compliance with regulations promulgated under Title IV or V of the Act for the permitting of affected sources under the Acid Rain Program within the time specified in those regulations; and

(k) To the extent feasible, applications shall be acted upon in the order received, except that priority shall be given to taking final action on applications for construction or modification under Title I, Parts C and D of the Act.

303.2 Except as provided in § 303.2(a), no source subject to this chapter may operate after the time that it is required to submit a timely and complete application under an approved permit program, except in compliance with a permit issued under this chapter:

(a) If the source subject to the requirement to obtain a permit under this chapter submits a timely and complete application for permit issuance or renewal, that source’s failure to have a permit shall not be a violation of the requirement to have such a permit until the Department takes final action on the application;

(b) The protection of § 303.2(a) shall cease to apply if, subsequent to the completeness determination made pursuant to §§ 303.1(b) and (c), the applicant fails to submit by the deadline specified in writing by the Department any additional information needed to process the application; and

(c) The submittal of a complete application shall not affect the requirement that any source have a preconstruction permit under Title I of the Act.

303.3 Procedures affecting permit renewal and expiration shall be subject to the following requirements:

(a) Applications for permit renewal shall be subject to the same procedural requirements, including those for public participation, affected State comment, and Administrator's review, that apply to initial permit issuance under § 303.1;

(b) An application for permit renewal may address only those portions of the permit that require revision, supplementation, or deletion, incorporating the remaining permit terms by reference from the previous permit;

(c) In issuing a draft renewal permit or proposed renewal permit, the Department may specify only those portions that will be revised, supplemented, or deleted, incorporating the remaining permit terms by reference;

(d) A source's right to operate shall terminate upon the expiration of its permit unless a timely and complete renewal permit application has been submitted at least six (6) months before the date of expiration or the Department has taken final action approving the source's permit application for renewal by the expiration date; and

(e) If a timely and complete application for a permit renewal is submitted, but the Department fails to take final action to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or denied, and any permit shield granted for the permit shall continue in effect during that time.

303.4 Administrative permit amendments shall be governed as follows:

(a) An "administrative permit amendment" is a permit revision that:

(1) Corrects typographical errors;

(2) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

(3) Requires more frequent monitoring or reporting by the permittee;

(4) Allows for a change in ownership or operational control of a source where the Department determines no other change in the permit is necessary; provided, that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Department;

(5) Incorporates into the Part 70 permit the requirements from preconstruction review permits authorized under Chapter 2 of this title, provided such permits go through enhanced notice and comment requirements equivalent to those required for a significant modification under this chapter and meet all other requirements of this chapter that would be applicable to this change if it were subject to review as a significant modification; or

(6) Incorporates any other type of change that the Administrator has determined as part of the Department’s approved permit rule to be similar to those in paragraphs (d)(1)(i) through (iv) of § 70.7 of Part 70;

(b) Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act;

(1) The Department shall take final action on a request for an administrative permit amendment within sixty (60) days from the date of receipt of a request, and may incorporate the proposed changes without providing notice to the public or affected States; provided, that the Department designates any permit revisions as having been made pursuant to this paragraph;

(2) The Department shall transmit a copy of the revised permit to the Administrator; and

(3) The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request; and

(d) The Department may, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in § 302.6 for administrative permit amendments made pursuant to § 303.4(a)(6).

303.5 A permit modification shall be any revision to an operating permit that cannot be accomplished under the program's provisions for administrative permit amendments under § 303.4, and shall be governed as follows:

(a) The Department shall provide adequate, streamlined, and reasonable procedures for expeditiously processing permit modifications by adopting and complying with the procedures established in this subsection;

(b) Minor permit modification procedures shall be as follows:

(1) Criteria:

(A) Minor permit modification procedures may be used only for those permit modifications that:

(i) Do not violate any applicable requirement;

(ii) Do not involve significant changes to existing monitoring, reporting or recordkeeping requirements in the permit;

(iii) Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(iv) Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and which the source has assumed to avoid an applicable requirement to which the source would otherwise be subject, which includes the following:

(a) A federally-enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Act; and

(b) An alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Act; and

(v) Are not modifications under any provision of Title I of the Act; and

(B) Notwithstanding §§ 303.5(b)(1)(A) and (c)(1) of this subsection, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in an applicable requirement;

(2) To use the minor permit modification procedures, a source shall submit a permit application requesting such use that shall meet the basic permit application requirements of this chapter and shall include the following:

(A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(B) A suggested draft permit;

(C) Certification by a responsible official, consistent with § 301.6, that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and

(D) Completed forms for the Department to use to notify the Administrator and affected States as required under § 304;

(3) Within five (5) business days of receipt of a complete minor permit modification application, the Department shall meet the Department’s obligation under §§ 70.8(a)(1) and (b)(1) of Part 70 to notify the Administrator and affected States of the requested permit modification and shall promptly send any notice required under § 304.2(b) to the Administrator;

(4) The Department shall not issue a final minor permit modification until after the Administrator's forty-five (45) day review period or until the Administrator has notified the Department that the Administrator will not object to issuance of the permit modification, whichever occurs first, although the Department can approve the permit modification prior to that time;

(5) Within ninety (90) days of the Department’s receipt of a permit application under the minor permit modification procedures or fifteen (15) days after the end of the Administrator's forty-five (45) day review period under § 304.3, whichever is later, the Department shall do one of the following:

(A) Issue the minor permit modification as proposed;

(B) Deny the minor permit modification application;

(C) Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or

(D) Revise the draft permit modification that was suggested by the applicant pursuant to § 303.5(b)(2)(B) and transmit to the Administrator the new proposed minor permit modification as required by § 304.1;

(6) Immediately after filing a permit application meeting the requirements of these minor permit modification procedures, the source is authorized to make the change or changes proposed in the application;

(7) After the source makes the change allowed by § 303.5(b)(6), and until the Department takes any of the actions specified in §§ 303.5(b)(5)(A) through (C), the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions;

(8) During the period in § 303.5(b)(7), the source need not comply with the existing terms and conditions of the permit it seeks to modify; however, if the source fails to comply with its proposed permit terms and conditions during the time period under § 303. 5(b)(7), the existing permit terms and conditions it seeks to modify may be enforced against it; and

(9) The permit shield under § 302.6 will not extend to minor permit modifications;

(c) Pursuant to this paragraph, the Department may modify the procedure outlined in § 303.5(b) to process groups of a source’s applications for certain modifications eligible for minor permit modification processing:

(1) Group processing of modifications may be used only for those permit modifications that:

(A) Meet the criteria for minor permit modification procedures under § 303.5(b)(1)(A); and

(B) Are collectively below the following threshold levels: ten percent (10%) of the emissions allowed by the permit for the emissions unit for which the change is requested, twenty percent (20%) of the applicable definition of major source in § 399.1, or five (5) tons per year, whichever is least;

(2) An application requesting the use of group processing procedures shall meet the requirements of §§ 301.4 and 301.5, and shall include the following:

(A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(B) The source’s suggested draft permit;

(C) Certification by a responsible official, consistent with § 301.6, that the proposed modification meets the criteria for use of group processing procedures and a request that the procedures be used;

(D) A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under § 303.5(c)(1)(B);

(E) Certification, consistent with § 301.6, that the source has notified the Administrator of the proposed modification (notification need only contain a brief description of the requested modification); and

(F) Completed forms for the Department to use to notify the Administrator and affected States as required under § 304.

(3) On a quarterly basis or within five (5) business days of receipt of an application demonstrating that the aggregate of a source’s pending applications equals or exceeds the threshold level set under § 303.5(c)(1)(B), whichever is earlier, the Department shall, in accordance with §§ 304.1(a) and 304.2(a), notify the Administrator and affected States of the requested permit modifications.

(4) The Department shall send any notice required under § 304.2(b) to the Administrator;

(5) The provisions of § 303.5(b)(4) and (5) shall apply to modifications eligible for group processing, except that the Department shall take one of the actions specified in §§ 303.5(b)(5)(A) through (D) within one hundred eighty (180) calendar days of receipt of the permit application or fifteen (15) calendar days after the end of the Administrator's forty-five (45) calendar day review period under § 304.3, whichever is later; and

(6) The provisions of §§ 303.5(b)(6) through (b)(9) shall apply to modifications eligible for group processing;

(d) Significant permit modification procedures shall be as follows:

(1) Significant permit modification procedures shall be used for applications requesting permit modifications that:

(A) Involve a significant change in existing monitoring permit terms or conditions, or constitute a relaxation of reporting or record keeping permit terms or conditions;

(B) Require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(C) Seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject, including the following:

(i) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I; and

(ii) An alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Act;

(D) Are modifications under any provision of Title I of the Act, except those that qualify for processing as administrative permit amendments under § 303.4(a); and

(E) Do not qualify as administrative permit amendments under § 303.4(a) or minor permit modifications under § 303.5(b);

(2) Nothing in § 303.5(d) shall be construed to preclude the permittee from making changes consistent with Part 70 that would render existing permit compliance terms and conditions irrelevant;

(3) Significant permit modifications shall meet all requirements of this chapter that are applicable to permit issuance and permit renewal, including those for applications, public participation, review by affected States, and review by the Administrator;

(4) The application for a significant permit modification shall describe the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; and

(5) The Department shall complete review of an application for a significant permit modification within nine (9) months after receipt of a complete application; and

(e) A permit modification for purposes of to the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act.

303.6 Each issued permit shall be subject to be reopened for cause under the following circumstances:

(a) A permit shall be reopened for cause if the following occurs:

(1) The Department or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms of the permit;

(2) Additional applicable requirements under the Act become applicable to the source; provided, that reopening on this ground is not required if the following occurs:

(A) The source is not a major source;

(B) The permit has a remaining term of less than three (3) years;

(C) The effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to § 303.3(e); or

(D) The additional applicable requirements are implemented in a general permit pursuant to § 302.4 that is applicable to the source and the source receives approval for coverage under that general permit;

(3) Additional requirements (including excess emissions requirements) become applicable to a source under the Acid Rain Program; provided, that upon approval by the Administrator excess emissions offset plans shall be deemed to be incorporated into the permit; or

(4) The Department or the Administrator determines that the permit must be revised to assure compliance by the source with applicable requirements;

(b) If the Department finds reason to believe that a permit should be reopened and modified for cause, the Department shall provide at least thirty (30) calendar days prior written notice to that effect to the source, except that the notice period can be shorter if the Department finds that an emergency exists;

(1) A statement of the terms and conditions that the Department proposes to change, delete, or add to the permit;

(2) If the Department does not have sufficient information to determine the terms and conditions that must be changed, deleted, or added to the permit, the notice shall request the source to provide that information within a period of time specified in the notice, which shall be not less than thirty (30) days except in the case of an emergency; and

(3) If the proposed reopening is to be done pursuant to § 303.6(a) the Department shall give the source an opportunity to provide evidence that the permit should not be reopened;

(d) When modifying a permit, the Department shall follow the procedures established under § 303.1 and § 303.10 and shall alter only those portions of the permit for which cause to reopen exists;

(e) When modifying a permit, the source shall in all cases be afforded an opportunity to comment on the revised permit terms;

(f) While a reopening proceeding is pending, the source shall be entitled to the continued protection of any permit shield provided in the permit pending issuance of a modified permit unless:

(1) The Department specifically suspends the shield on the basis of a finding that the suspension is necessary to implement applicable requirements; and

(2) If a finding under paragraph (1) of this subpart applies only to certain applicable requirements or permit terms, the suspension shall extend only to those requirements or terms; and

(g) Any reopening under § 303.6(a)(2) shall be completed within eighteen (18) months after promulgation of the applicable requirements.

303.7 Each issued permit may be reopened (modifications) and revoked for cause by the Administrator under the following circumstances:

(a) If the Department receives a notice from the Administrator that the Administrator has found that cause exists to revoke, or reopen a permit, the Department shall, within ten (10) days after receipt of the notification, provide notice to the source;

(b) The notice to the source, specified in § 303.7(a), shall include a copy of the notice from the Administrator and invite the source to comment in writing on the proposed action;

(c) Within ninety (90) days following receipt of the notification from the Administrator, the Department shall issue and forward to the Administrator a proposed determination in response to the Administrator's notification;

(d) The Department may request additional time for the transmission of the determination specified in § 303.7(c), pursuant to Part 70, if such time is required to obtain a new or revised permit application or other information from the source; and

(e) Within ninety (90) days of receipt of an objection from the Administrator on his or her proposed determination, the Department shall either resolve the objection or modify or revoke the permit in accordance with the Administrator's objection.

303.8 The following procedures shall apply to revocations and terminations:

(a) The Department may terminate a permit at the request of the permittee or revoke it for cause, if the following occurs:

(1) The permitted stationary source is in violation of any term or condition of the permit and the permittee has not undertaken appropriate action (such as a schedule of compliance) to resolve the violation;

(2) The permittee has failed to disclose material facts relevant to issuance of the permit or has knowingly submitted false or misleading information to the Department;

(3) The Department finds that the permitted stationary source or activity substantially endangers public health, safety, or the environment, and that the danger cannot be removed by a modification of the terms of the permit;

(4) The permittee has failed to pay permit fees required under § 305; or

(5) The permittee has failed to pay a civil or criminal penalty imposed for violations of the permit;

(b) Upon finding that cause exists for revocation of a permit, the Department shall notify the permittee of that finding in writing, stating the reasons for the proposed revocation;

(c) Within thirty (30) days following receipt of the notice for permit revocation, the permittee may submit written comments concerning the proposed revocation and may request a hearing pursuant to § 107;

(d) If the Department makes a final determination to revoke the permit, the Department shall provide a written notice to the permittee specifying the reasons for the decision and the effective date of the revocation;

(e) A permit revocation issued under this section may be issued conditionally with a future effective date and may specify that the revocation will not take effect if the permittee satisfies the specified conditions before the effective date;

(f) A permittee may at any time apply for termination of all or a portion of its permit relating solely to operations, activities, and emissions that have been permanently discontinued at the permitted stationary source:

(1) An application for termination shall identify with specificity the permit or permit terms that relate to the discontinued operations, activities, and emissions;

(2) The Department shall act on an application for termination on this ground within ninety (90) days of receipt and shall grant the application for termination upon finding that the permit terms for which termination is sought relate solely to operations, activities, and emissions that have been permanently discontinued; and

(3) In terminating all or portions of a permit pursuant to this subsection, the Department may make appropriate orders for the submission of a final report or other information from the source to verify the complete discontinuation of the relevant operations, activities, and emissions;

(g) A source may apply for termination of its permit on the ground that its operations, activities, and emissions are fully covered by a general permit for which it has applied for and received coverage pursuant to § 302.4;

(h) The Department shall act on an application for termination on the grounds specified in § 303.8(g) within ninety (90) days of receipt and shall grant the application upon a finding that the source's operations, activities, and emissions are fully covered by a general permit;

(i) A source that has received a final revocation or termination of its permit may apply for a new permit under the procedures established in § 301.

303.9 If applicable requirements require the Department to make a case-by-case determination of an emission standard, technology requirement, work practice standard, or other requirement for a source and to include terms and conditions implementing that determination in the source's permit, the source shall include in its permit application under § 301 a proposed determination, together with the data and other information upon which the determination is to be based, and proposed terms and conditions to implement the determination, which will be reviewed in accordance with the following procedures:

(a) Upon receipt of a request from the source, the Department may meet with the source before the permit application is submitted to discuss the determination and the information required to make it; and

(b) In the event that the Department determines that the source’s proposed determination and implementing terms and conditions should be revised in the draft permit, the proposed permit, or the final permit, the Department shall inform the source of the changes to be made and allow the source to comment on those changes before issuing the draft permit, proposed permit, or final permit.

303.10 Except for permit modifications qualifying for minor permit modification procedures under § 303.5(b), all permit proceedings, including initial permit issuance, significant modifications, and renewals, shall be conducted in accordance with the following procedures for public participation:

(a) After receiving a complete application for a permit, significant permit modification, or permit renewal, the Department shall, no later than sixty-one (61) calendar days before the deadline for issuing a proposed permit, significant modification, or renewal for the Administrator's review, issue a draft permit and solicit comment from the applicant, from the affected States and from the public as follows:

(1) The Department shall provide notice to the public by doing the following:

(A) Making available a public file containing a copy of all materials (including permit applications, compliance plans, permit monitoring and compliance certification reports, except for information entitled to confidential treatment under § 301.1(c)) that the applicant has submitted, a copy of the preliminary determination and draft permit or permit renewal, and a copy or summary of other materials, if any, considered in making the preliminary determination;

(B) Publishing a notice in the District of Columbia Register and using any other means necessary to assure adequate notice to the affected public of the application, the preliminary determination, the location of the public file, the procedures for submitting written comments, the procedures for requesting a hearing if the Department has not scheduled a hearing, and the date, time, and location of the public hearing; and

(2) Copies of the notice required under § 303.10(a)(1)(B) shall be sent to the applicant, to the representatives of affected States designated by those States to receive the notices, and to persons on a mailing list developed by the Department, including those who request in writing to be on the list;

(b) The public notice shall establish a period of not less than thirty (30) days following publication of the notice for the submission of written comments and shall identify the affected stationary source the name and address of the applicant or permittee, the name and address of the Department’s representative with responsibility for the permitting action, the activity or activities involved in the permit action, the emissions change involved in any permit modification, and the location of the public file;

(c) The applicant shall be afforded an opportunity to submit, within ten (10) business days following the close of the public comment period or the public hearing, whichever is later, a response to any comments made;

(d) The Department shall consider all comments submitted by the applicant, the public, and affected States in reaching its final determination and issuing the proposed permit, modification, or renewal for the Administrator's review;

(e) The Department shall maintain a list of all commenters and a summary of the issues raised in sufficient detail such that the Administrator may fulfill his or her obligation under § 505(b)(2) of the Act and shall make that information available in the public file and supply it to the Administrator upon request; and

(f) At the time the Department issues a proposed permit, permit modification, or permit renewal for the Administrator's review, the Department shall issue a written response to all comments submitted by affected States and all significant comments submitted by the applicant and the public. Copies of this written response shall be provided to the Administrator, affected States, and the applicant, and a copy shall be placed in the public file.

303.11 Any final action granting or denying an application for a permit, permit amendment or modification, or permit renewal shall be subject to review in the Office of Administrative Hearings upon an application filed by the applicant, any person who participated in the public comment process, or any other person who could obtain review under District law.

303.12 Except as provided under § 304.4, the opportunity for review provided for in § 303.11 shall be the exclusive means for obtaining review of any permit action.

303.13 Procedures for review shall be as follows:

(a) No application for review may be filed more than ninety (90) days following the final action on which the review is sought, unless:

(1) The grounds for review arose at a later time, in which case the application for review shall be filed within ninety (90) days of the date on which the grounds for review first arose and review shall be limited to the later-arising grounds; or

(2) The final action being challenged is the Department’s failure to take final action, in which case an application for review may be filed any time before the Department denies the permit or issues the final permit; and

(b) Any application for review shall be limited to the following:

(1) Issues raised in written comments filed with the Department or during a public hearing on the proposed permit action (if the grounds on which review is sought were known at that time), except that this restriction shall not apply if the person seeking review was not afforded an advance opportunity to comment on the challenged action; and

(2) Issues that are germane and material to the relevant permit action.

History

SOURCE: Final Rulemaking published at 40 DCR 8105, 8128 (November 19, 1993); as amended by Final Rulemaking published at 48 DCR 4479 (May 18, 2001); as amended by Final Rulemaking published at 50 DCR 2343 (March 21, 2003); as amended by Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020); as amended by Final Rulemaking published at 71 DCR 013067 (November 1, 2024). District of Columbia Municipal Regulations Environment 20 DCMR § 303

20 DCMR § 304 PERMIT REVIEW BY THE ADMINISTRATOR AND AFFECTED STATES

304.1 The transmission of information to the Administrator shall be accomplished as follows:

(a) Unless the Administrator waives this requirement, the Mayor shall provide to the Administrator a copy of each permit application (including any application for permit modification), each proposed permit, and each final Part 70 permit. The Mayor may require the applicant to provide a copy of the permit application (including the compliance plan) directly to the Administrator. Upon agreement with the Administrator, the Mayor may transmit to the Administrator a permit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information will be provided in computer-readable format compatible with the Administrator's national database management system; and

(b) The Mayor shall keep for five (5) years the records and transmit to the Administrator such information as the Administrator may reasonably require to ascertain whether the State program complies with the requirements of the Act or of Part 70.

304.2 Review of permit information by the Affected States shall be allowed in the following manner:

(a) The Mayor shall give notice of each draft permit to any Affected State on or before the time that the Mayor provides this notice to the public under § 303.10, except to the extent § 303.5(b) or 303.5(c) requires the timing of the notice to be different; and

(b) As part of the Mayor's transmittal of a proposed permit to the Administrator (or as soon as possible after the transmittal for minor permit modification procedures under § 303.5(b) or (c)), the Mayor shall notify the Administrator and any Affected State in writing of any refusal by the Mayor to accept all recommendations for the proposed permit that the Affected State submitted during the public or Affected State review period. The notice will include the Mayor's reasons for not accepting any such recommendation. The Mayor is not required to accept recommendations that are not based on applicable requirements or the requirements of this chapter.

304.3 The Administrator shall object to the issuance of any proposed permit determined by the Administrator not to be in compliance with the requirements of the Part 70 regulations:

(a) No permit for which an application must be transmitted to the Administrator under § 304.1 shall be issued, if the Administrator objects to its issuance in writing within forty-five (45) days of receipt of the proposed permit and all necessary supporting information. Except as provided in § 304.3(c), the grounds for any such objection shall only be that the permit will not comply with applicable requirements or 40 CFR Part 70 regulations;

(b) Any Administrator's objection under § 304.3(a) shall include a statement of the Administrator's reasons for objection and a description of the terms and conditions that the permit must include to respond to the objections. The Administrator will provide the permit applicant a copy of the objection;

(1) Comply with § 304.1 or 304.2;

(2) Transmit any information necessary to review adequately the proposed permit; or

(3) Process the permit under the procedures approved to meet § 303.10 except for minor permit modifications; and

(d) If the Mayor fails, within ninety (90) days after the date of an objection under § 304.3(a), to revise and transmit a proposed permit in response to the objection, the Administrator will issue or deny the permit in accordance with the requirements of Part 70.

304.4 If the Administrator does not object in writing under § 304.3, any person that meets the requirements of this subsection may petition the Administrator within sixty (60) days after the expiration of the Administrator's forty-five (45) day review period to make the objection. Any petition shall be based only on objections to the permit that the petitioner raised with reasonable specificity during the public comment period provided for in § 303.10, unless the petitioner demonstrates that it was impracticable to raise the objections within that period, or unless the grounds for the objection arose after such period. If the Administrator objects to the permit as a result of a petition filed under this paragraph, the Mayor shall not issue the permit until the Administrator's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the forty-five (45) day review period and prior to the Administrator's objection. If the Mayor has issued a permit prior to receipt of the Administrator's objection under this paragraph, the Administrator shall modify, terminate, or revoke the permit, and shall do so consistent with the procedures in § 303.7 except in unusual circumstances, and the Mayor may thereafter issue only a revised permit that satisfies the Administrator's objection. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.

History

SOURCE: Final Rulemaking published at 40 DCR 8105, 8144 (November 19, 1993).

20 DCMR § 305 FEES

305.1 Owners or operators of Part 70 sources shall pay a permit application fee (original and renewal applications) based on the total tons of potential emissions of each regulated pollutant (for presumptive fee calculation purposes) according to the schedule in the following table:

$5,000

Total potential emissions less than 100 tons per year

$7,500

Total potential emissions equal to or greater than 100 tons per year, but less than 250 tons per year

$15,000

Total potential emissions equal to or greater than 250 tons per year, but less than 1,000 tons per year

$30,000

Total potential emissions equal to or greater than 1,000 tons per year

305.2 Owners or operators of Part 70 sources shall pay annual fees (as adjusted pursuant to the criteria set forth in § 305.6) based on the total tons of actual emissions of each regulated pollutant (for presumptive fee calculation purposes) emitted from Part 70 sources following the schedule in the following table:

$1,000

Total actual emissions less than 10 tons per year

$5,000

Total actual emissions equal to or greater than 10 tons per year, but less than 25 tons per year

$10,000

Total actual emissions equal to or greater than 25 tons per year, but less than 100 tons per year

$30,000

Total actual emissions equal to or greater than 100 tons per year

305.3 Owners or operators of Part 70 sources with total actual annual emissions greater than 100 tons per year will pay an annual fee of three hundred dollars ($300) (as adjusted pursuant to the criteria set forth in § 305.6), in addition to the fees specified under § 305.2, for each ton of annual emissions in excess of one hundred (100) tons per year.

305.4 Owners or operators of Part 70 sources subject to annual fees pursuant to § 305.2 shall pay annual fees within twelve (12) months of the date on which the source first becomes subject to the program.

305.5 Owners or operators of sources that accept federally enforceable emission limits pursuant to § 200.6 and § 300.3(c) shall pay a permit application fee (original and renewal applications) of five thousand dollars ($5,000).

305.6 The fees described in §§ 305.2 and 305.3 shall be increased each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of the year exceeds the Consumer Price Index for the calendar year 2015:

(a) The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the twelve (12) month period ending on August 31st of each calendar year; and

(b) The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for the calendar year 2015 shall be used. The Consumer Price Index for all-urban consumers for the month of August 2015 is 238.316.

305.7 Owners or operators that fail to pay a fee owed pursuant to §§ 305.1, 305.2, or 305.3 within sixty (60) days of the date that the Department issues an invoice or by September 1, whichever is earlier, unless another deadline is specified in a permit issued pursuant to this chapter, shall pay a penalty of fifty percent (50%) of the fee amount, plus interest pursuant to § 502(b)(3)(C)(ii) of the Act.

305.8 All fees, penalties, and interest collected pursuant to this chapter shall be deposited by the Department in a special D.C. Treasury fund, subject to appropriation, to carryout Part 70 program activities solely.

History

SOURCE: Final Rulemaking published at 40 DCR 8105, 8147 (November 19, 1993); as amended by Final Rulemaking published at 48 DCR 4479 (May 18, 2001); as amended by Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 305

20 DCMR § 306 ACID RAIN PROGRAM

306.1 The requirements of 40 CFR parts 72 and 75, as in effect on September 30, 1997, are hereby adopted by reference for purposes of implementing an acid rain program that meets the requirements of title IV of the Clean Air Act, with the terms used and defined, except that the term "permitting authority" shall mean "Director".

306.2 If the provisions or requirements of 40 CFR parts 72 or 75 conflict with or are not included in regulations in this chapter, the part 72 and 75 provisions and requirements shall apply and take precedence.

History

SOURCE: Final Rulemaking published at 45 DCR 7039-7040 (October 2, 1998).

20 DCMR § 307 ENFORCEMENT FOR SEVERE OZONE NONATTAINMENT AREAS

307.1 Pursuant to Section 182 (d) of the federal Clean Air Act, 42 U.S.C. 7511a, if the United States Environmental Protection Agency ("EPA") determines that the District of Columbia has failed to attain the national primary ambient air quality standard for ozone (O3) by the applicable attainment date for severe ozone nonattainment areas, the owners or operators of each major stationary source of oxides of nitrogen (NOx) or volatile organic compounds (VOCs) located in the District of Columbia shall, except as otherwise provided under subsection 307.2, pay a fee to the District of Columbia, for NOx emissions if the stationary source qualifies as major with respect to NOx emissions, or for VOC emissions if the stationary source qualifies as major with respect to VOC emissions, computed in accordance with paragraphs (a), (b), and (c) of this subsection, for each calendar year beginning after the attainment date, until the area is redesignated as an attainment area for ozone;

(a) The fee shall equal five thousand dollars ($ 5,000), adjusted in accordance with paragraph (c), per ton of NOx or VOC emitted by the source during the calendar year in excess of eighty percent (80%) of the baseline amount, computed under paragraph (b);

(b) For purposes of this section, the baseline amount shall be computed as the lower of the amount of actual NOx or VOC emissions or NOx or VOC emissions allowed under the permit applicable to the source (or, if no such permit has been issued for the attainment year, the amount of NOx or VOC emissions allowed under the State Implementation Plan) during the attainment year. Notwithstanding the preceding sentence, the baseline amount may be determined over a period of more than one calendar year in accordance with guidance issued by the EPA; and

(c) The fee amount under paragraph (a) shall be adjusted annually, beginning in calendar year 1991, in accordance with the federal Clean Air Act section 502(b)(3)(B)(v), 42 U.S.C. 7661a(b)(3)(B)(v), relating to inflation adjustment.

307.2 Notwithstanding any provision of this section, no source shall be required to pay any fee under subsection 307.1 with respect to emissions during any year that is treated as an extension year under the federal Clean Air Act section 181(a)(5), 42 U.S.C. 7511(a)(5).

307.3 Any fees, penalties, and interest collected under this section shall be deposited in a special fund in the District of Columbia Treasury and shall be utilized solely to cover all reasonable direct and indirect costs required to support the air quality program as set forth in Chapter 3.

History

SOURCE: Final Rulemaking published at51 DCR 3878 (April 16, 2004).

20 DCMR § 399 DEFINITIONS AND ABBREVIATIONS

399.1 When used in this chapter, the following definitions shall apply to this chapter. Except as specifically provided in this section, terms used in this chapter retain the meaning ascribed under the applicable requirements of the Act.

Acid Rain Program - the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV of the Act, 40 CFR Parts 72, 73, 75, 77, and 78, and regulations implementing §§ 407 and 410 of the Act.

Act - the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.

Actual emissions - the actual rate of emissions in tons per year for any regulated pollutant (for presumptive fee calculation purposes) emitted from a Part 70 source over the preceding calendar year or any other period determined by the Mayor to be representative of normal source operation and consistent with the fee schedule approved pursuant to § 305. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and in-place control equipment, as well as types of materials processed, stored, or combusted during the preceding calendar year or such other time period established by the Mayor.

Administrator - the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.

Affected source - a source that includes one or more affected units.

Affected States - are all States that meet one of the following requirements:

(a) One of the following contiguous states: Maryland and Virginia;

(b) In the judgment of the Mayor, may be directly affected by emissions from the stationary source seeking the permit, permit modification, or permit renewal being proposed; or

Affected unit - a fossil fuel-fired combustion device that is subject to emission reduction requirements or limitations under Title IV of the Act.

Allowance - an authorization by the Administrator under the Acid Rain Program to emit up to one (1) ton of sulfur dioxide during or after a specified calendar year.

Applicable requirement - all of the following as they apply to emissions units in a Part 70 source subject to these regulations (including requirements that have been promulgated or approved by the Administrator through rulemaking at the time of issuance but have future-effective compliance dates, provided that those requirements will, upon the effective compliance date, be applicable to the operations addressed in the permit):

(a) Any standard or other requirements provided for in the applicable implementation plan approved or promulgated by the Administrator through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR Part 52;

(b) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including Parts C or D, of the Act;

(d) Any standard or other requirement under § 112 of the Act, including any requirement concerning accident prevention under § 112(r) (7) of the Act, but not including the contents of any risk management plan required under § 112(r) of the Act;

(e) Any standard or other requirement of the Acid Rain Program under Title IV of the Act or the regulations promulgated thereunder;

(f) Any requirements established pursuant to § 504(b) or 114(a)(3) of the Act;

(g) Any standard or other requirement governing solid waste incineration, under § 129 of the Act;

(h) Any standard or other requirement for consumer and commercial products, under § 183(e) of the Act;

(i) Any standard or other requirement for tank vessels, under § 183(f) of the Act;

(j) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under § 328 of the Act;

(k) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit; and

(l) Any national ambient, air quality standard or increment or visibility requirement under Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to § 504(e) of the Act.

Area source - any stationary source of air pollutants that is not a major source.

Consumer Price Index - the U.S. Department of Labor, Bureau of Labor Statistics unadjusted Consumer Price Index for All Urban Consumers for the U.S. city average, for All Items on the latest reference base, or if such index is no longer published, such other index as the Mayor and the Administrator in their discretion determine meets the requirements of these regulations and the Act.

Designated representative - a responsible natural person authorized by the owners and operators of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with Subpart B of 40 CFR Part 72, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program.

Draft permit - the version of a permit for which the Mayor offers public participation under § 303.10 or affected State review under § 304.

Effective date - the date on which the operating permit program is approved by the Administrator.

Emergency - any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

Emissions allowable under the permit - a federally-enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally-enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

Emissions unit - any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under § 112(b) of the Act. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Act.

Final permit - the version of a Part 70 permit issued by the Mayor that has completed all review procedures required by §§ 303 and 304.

Fugitive emissions - those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

General permit - a Part 70 permit that meets the requirements of § 302.4 of this chapter.

Major source - any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that are described in paragraph (a), (b), or (c) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

(a) A major source under § 112 of the Act, which is defined as follows:

(1) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, ten (10) tons per year or more of any hazardous air pollutant which has been listed pursuant to § 112(b) of the Act, twenty-five (25) tons per year or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or

(2) For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.

(b) A major stationary source of air pollutants, as defined in § 302 of the Act, that directly emits or has the potential to emit, one hundred (100) tons per year or more of any air pollutant (including any major source of fugitive emissions of any pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of § 302(j) of the Act, unless the source belongs to one of the following categories of stationary sources:

(1) Coal cleaning plants (with thermal dryers);

(2) Kraft pulp mills;

(3) Portland cement plants;

(4) Primary zinc smelters;

(5) Iron and steel mills;

(6) Primary aluminum ore reduction plants;

(7) Primary copper smelters;

(8) Municipal incinerators capable of charging more than two hundred fifty (250) tons of refuse per day;

(9) Hydrofluoric, sulfuric, or nitric acid plants;

(10) Petroleum refineries;

(11) Lime plants;

(12) Phosphate rock processing plants;

(13) Coke oven batteries;

(14) Sulfur recovery plants;

(15) Carbon black plants (furnace process);

(16) Primary lead smelters;

(17) Fuel conversion plants;

(18) Sintering plants;

(19) Secondary metal production plants;

(20) Chemical process plants;

(21) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty million (250,000,000) British Thermal Units per hour heat input;

(22) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand (300,000) barrels;

(23) Taconite ore processing plants;

(24) Glass fiber processing plants;

(25) Charcoal production plants;

(26) Fossil-fuel-fired steam electric plants for more than two hundred fifty million (250,000,000) British Thermal Units per hour heat input; or

(27) All other stationary source categories regulated by a standard promulgated under § 111 or 112 of the Act, but only with respect to those air pollutants that have been regulated for that category;

(1) For ozone nonattainment areas, sources with the potential to emit one hundred (100) tons per year or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," fifty (50) tons per year or more in areas classified as "serious," twenty-five (25) tons per year or more in areas classified as "severe," and ten (10) tons per year or more in areas classified as "extreme"; except that the references in this paragraph to one hundred (100), fifty (50), twenty-five (25), and ten (10) tons per year of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under § 182(f)(1) or (2) of the Act, that requirements under § 182(f) of the Act do not apply;

(2) For ozone transport regions established pursuant to § 184 of the Act, sources with the potential to emit fifty (50) tons per year or more of volatile organic compounds;

(3) For carbon monoxide nonattainment areas:

(A) That are classified as "serious," and

(B) In which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit fifty (50) tons per year or more of carbon monoxide; and

(4) For particulate matter (PM<10>) nonattainment areas classified as "serious," sources with the potential to emit seventy (70) tons per year or more of PM<10>.

(d) For purposes of this chapter, a research and development stationary source may be treated as a separate source from other stationary sources that are located on a contiguous or adjacent property and under common control if it has a separate two- digit, SIC code.

Mayor - the Mayor of the District of Columbia or the Mayor's designated agent.

Part 70 permit or permit (unless the context suggests otherwise) - any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this chapter.

Part 70 program or state program - a program approved by the Administrator under 40 CFR Part 70.

Part 70 or Part 70 regulations - the Administrator's regulations published at 40 CFR Part 70.

Part 70 source - any source subject to the permitting requirements of this chapter, as provided in §§ 300.1 and 300.2.

Permit modification - a revision to a Part 70 permit that meets the requirements of § 303. of this chapter.

Permit program costs - all reasonable (direct and indirect) costs required to develop and administer a permit program, as set forth in § 305 (whether such costs are incurred by the Mayor or other District agencies that do not issue permits directly, but that support permit issuance or administration).

Permit revision - any permit modification or administrative permit amendment.

Potential to emit - the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator. This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations promulgated thereunder.

Proposed permit - the version of a permit that the Mayor proposes to issue and forwards to the Administrator for review in compliance with § 304 of this chapter.

Regulated air pollutant - the following applies:

(a) Nitrogen oxides or any volatile organic compounds;

(b) Any pollutant for which a national ambient air quality standard has been promulgated;

(d) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act; or

(e) Any pollutant subject to a standard promulgated under § 112 or other requirements established under §§ 112(g), (j), and (r) of the Act. Where such a standard or other requirement applies only to one or more sources or categories of sources of an air pollutant, that pollutant is a "regulated air pollutant" for all sources or categories. If the Administrator fails to promulgate a standard by the date established pursuant to § 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated as to that source on the date eighteen (18) months after the applicable date established pursuant to § 112(e) of the Act.

Regulated pollutant (for presumptive fee calculation), which is used only for purposes of § 305 - any “regulated air pollutant” except the following:

(a) Any pollutant that is a regulated air pollutant solely because it is a class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act;

(b) Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under § 112(r) of the Clean Air Act;

(d) Greenhouse gases, as defined in 40 CFR § 86.1818–12(a).

Relevant emissions units - those emissions units that are subject to applicable requirements.

Renewal - the process by which a permit is reissued at the end of its term.

Responsible official - for the following:

(a) A corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and to one of the following:

(1) The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty five million dollars ($25,000,000) (in second quarter 1980 dollars); or

(2) The delegation of authority to such representatives is approved in advance by the permitting authority;

(b) The partnership or sole proprietorship: a general partner or the proprietor, respectively;

(c) A municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For purposes of these regulations, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional administrator); or

(d) Affected sources:

(1) The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and

(2) The designated representative for any other purposes under this chapter.

Section 502(b)(10) changes - changes allowed in a permitted stationary source without requiring a permit revision pursuant to § 302.8 - Also changes that contravene an express permit term. The changes do not include changes that would violate applicable requirements or contravene federally-enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.

Stationary source - any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under § 112(b) of the Act.

Title I modification or modification under any provision of Title I of the Act - any modification under § 111 or 112 of the Act and any physical change or change in method of operations that is subject to the preconstruction regulations promulgated under Parts C and D of the Act.

History

SOURCE: Final Rulemaking published at 40 DCR 8105, 8147 (November 19, 1993); as amended by Notice of Final Rulemaking published at 67 DCR 6789 (June 5, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 399

20-4 AIR QUALITY - AMBIENT MONITORING, EMERGENCY PROCEDURES, AND CHEMICAL ACCIDENT PREVENTION

20 DCMR § 400 AIR POLLUTION REPORTING INDEX

400.1 The Mayor shall establish a simplified, daily, public reporting index of air pollution levels in the District of Columbia. This index shall indicate the levels of pollutant about which he or she determines the public should be informed. The Mayor, in adopting an index, shall coordinate as closely as possible with the Metropolitan Washington Council of Governments to ensure a uniform regional system of air quality levels reporting.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No 93-198, D.C. Code § 1-227(a); and § 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, D.C. Code § 6-906 (1995 Repl. Vol.), Mayor's Order 93-12 dated February 16, 1993.
SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 400, 32 DCR 565, 599 (February 1, 1985).

20 DCMR § 401 EMERGENCY PROCEDURES

401.1 The Mayor shall amend as necessary the Emergency Episode Plan containing the procedures necessary to enable him or her, acting alone or with the air pollution control agencies of the surrounding jurisdictions, to deal effectively with an air pollution emergency.

401.2 Any proposed amendment to the Emergency Episode Plan shall be submitted to the Council of the District of Columbia and shall not take effect unless approved by resolution of the Council.

401.3 Prior to submitting a proposed amendment of the Emergency Episode Plan to the Council the Mayor shall hold a public hearing, giving thirty (30) day notice of the hearing.

401.4 The plan shall be kept on file by the Mayor and shall be available for public inspection.

401.5 Whenever the Mayor finds an emergency exists requiring immediate action to protect the public health and welfare, the Mayor may, without notice or hearing, issue an order that includes the following:

(a) The basis for the existence of the emergency;

(b) The episode stage at which the emergency exists; and

401.6 The Mayor may require the owner or operator of a source of air pollution to prepare a written plan for reducing the emission of air pollution during an episode stage, according to the guidelines set forth in the Emergency Episode Plan.

401.7 An owner or operator shall have thirty (30) days in which to comply with the Mayor's request to prepare an individual abatement plan. This plan shall include the following:

(a) The identity of the source of air pollutants; and

(b) A brief description of the manner in which the reduction in emissions will be achieved during each episode stage.

401.8 An individual abatement plan shall be approved or disapproved by the Mayor within thirty (30) days after it is submitted.

401.9 Whenever the Mayor determines that an air quality emergency exists, the Mayor shall instruct the public on the action to be taken according to the Emergency Episode Plan or shall order the public to take whatever action the Mayor deems necessary to avert, ameliorate, or end the emergency.

401.10 Notwithstanding any other provision of this subtitle or any other law, if the Mayor determines that a situation exists which is causing or contributing to air pollution or could cause or contribute to air pollution so as to require immediate action to protect the public health or welfare, the Mayor shall take the action necessary to abate the situation. The action shall be clothed with the police power and may include, but is not limited to, the following:

(a) To order the person(s) to reduce, discontinue, or take the action(s) necessary to abate the situation. Each order shall be complied with immediately;

(b) To impound any source of air pollution equipment in the possession of any person;

(c) To forbid the operation of any source, machine, device, or equipment. Notice of the prohibition shall, if possible, be given to any person who owns, possesses, or operates the source, machine, device or equipment. The notice shall be complied with immediately; and

(d) To enter any premises or property and take any he or she deemed necessary.

401.11 Any person against whom the Mayor may take an action authorized in § 401.5 of this subtitle may appeal the order or action to the Mayor. Upon appeal, the Mayor shall hold a hearing, if so requested, within a reasonable time after receiving the or receipt of the appeal if no hearing is requested, the person shall be notified by the Mayor whether the action or order has been affirmed, modified, or rescinded; Provided, that the appeal shall not be grounds for noncompliance with any order issued under § 401.5 of this subtitle.

401.12 Nothing in this section shall preclude the Mayor from initiating appropriate action for the recovery of a penalty as is provided in this subtitle, nor shall this section preclude the Mayor from seeking other relief or remedy that is provided for by law.

401.13 The procedures of § 102 of this subtitle shall not apply to this section.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 401, 32 DCR 565, 599 (February 1, 1985).

20 DCMR § 402 CHEMICAL ACCIDENT PREVENTION

402.1 The requirements of 40 CFR part 68, as in effect on September 30, 1997, are hereby adopted by reference for purposes of preventing, detecting and responding to accidental chemical releases to the air, pursuant to the requirements of § 112(r) of the Federal Clean Air Act, with the terms used and defined in those provisions.

History

SOURCE: Final Rulemaking published at 45 DCR 7040 (October 2, 1998).

20 DCMR § 403 DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS

403.1 The requirements of 40 CFR part 93, except §§ 93.100, 93.105, 93.107, 93.108, 93.130, 93.131, 93,132, 93.133, 93.136 and 93.151, as in effect on September 30, 1997, are hereby adopted by reference for purposes of determining conformity of federal actions to state or federal implementation plans, with the terms used and defined in those provisions.

History

SOURCE: Final Rulemaking published at 45 DCR 7040 (October 2, 1998).

20 DCMR § 499 DEFINITIONS AND ABBREVIATIONS

499.1 The meanings ascribed to the definitions and abbreviations appearing in §§ 199.1 and 199.2 respectively of Chapter 1 shall apply to the terms and abbreviations in this chapter.

20-5 AIR QUALITY - SOURCE MONITORING AND TESTING

20 DCMR § 500 RECORDS AND REPORTS

500.1 The Mayor may require any person engaged in operations which may pollute the air or the handling of products the use of which may result in air pollution to file with him or her written reports containing information concerning the following:

(a) Location and description of the source;

(b) The chemical composition, physical properties, and the amount of any material used; and

500.2 The owner or operator of a stationary source which emits twenty-five (25) tons or more per year of any air pollutant shall maintain written records of the nature and amount of emissions of the source. The records shall be made available to the Mayor during regular business hours, upon reasonable notice and shall include the following:

(a) Emission data from stationary source monitoring and measuring devices required by § 501; and

(b) The results of sampling of emissions, showing sampling methods and procedures used.

500.3 Emission data secured as the result of this subtitle, or other provisions of law shall be available for public inspection during regular business hours or by appointment; Provided, that confidential handling of this data may be requested in accordance with § 106 of this subtitle.

500.4 All parties in the gasoline distribution network, which includes refiners, importers, terminals, retailers, wholesale purchaser-consumers, carriers and distributors, shall generate and maintain, for a period not less than three (3) years, records detailing compliance with § 904.

500.5 Records shall be made available for review by the Mayor, upon request, during normal business hours, or submitted to the Mayor for review upon request. These records shall include, as applicable, the following:

(a) The owner of the gasoline;

(b) The volume of gasoline;

(d) The oxygen content by weight of the gasoline;

(e) The type of oxygenate and, when available, the percentage by volume;

(f) The results of any quality assurance tests performed;

(g) The name and address of the person(s) from whom the gasoline was purchased;

(h) The name and address of the person(s) to whom the gasoline was sold or transferred; and

(i) If applicable, the designation of the gasoline.

500.6 Retailers shall comply with §§ 500.5(a) through (g) of this section.

500.7 Each time gasoline is transferred as required under § 904, the transferor shall provide the transferee a transfer document, that is, manifest, invoice, bill of lading, copies of which shall be maintained by the transferee for a period of not less than three (3) years, and which shall contain the following information:

(a) The date of the transfer;

(b) The name and address of the transferor;

(d) The location of the gasoline at the time of the transfer if different from that required by paragraph (c) of this subsection;

(e) The volume of gasoline transferred;

(f) The oxygen content by weight of the gasoline transferred;

(g) A product certification statement that states one of the following:

(1) The oxygen content of all gasoline(s) listed contains two and seven tenths to two and nine tenths percent (2.7 to 2.9%) by weight with ethers; or

(2) The oxygen content of all gasoline(s) listed contains two and seven tenths to three and five tenths percents (2.7 - 3.5%) by weight with alcohols; and

(h) The destination of the gasoline.

500.8 The owner or operator of a stationary source shall maintain the records required by this chapter for not less than three (3) years.

500.9 The owner or operator of a stationary source which emits twenty-five (25) tons or more per year of oxides of nitrogen or volatile organic compounds shall submit to the Mayor a statement showing the actual emissions of oxides of nitrogen and volatile organic compounds from that source. The first emission statement shall be submitted no later than April 15, 1993, for the previous calendar year, with subsequent emission statements submitted at least every year thereafter. The emission statement shall contain, at a minimum, the following information:

(a) Certification that the information contained in the statement is accurate to the best knowledge of the individual certifying the statement. The certification shall include the full name, title, signature, date of signature, and the telephone number of the certifying individual;

(b) Source identification information:

(1) Full name, physical location, and mailing address of the facility;

(2) Latitude and longitude; and

(3) Standard Industrial Classification code(s);

(1) Percentage annual throughput by season;

(2) Days per week on the normal operating schedule;

(3) Hours per day during the normal operating schedule; and

(4) Hours per year during the normal operating schedule;

(d) Process rate data:

(1) Annual process rate; and

(2) Peak ozone season daily process rate;

(e) Control equipment information:

(1) Current primary and secondary AFS control equipment identification codes; and

(2) Current control equipment efficiency. The actual efficiency shall reflect the total control efficiency from all control equipment and include downtime and maintenance degradation. If the actual control efficiency is unavailable, the design efficiency or the control efficiency limit imposed by a permit shall be used; and

(f) Emissions information:

(1) Estimated actual emissions of oxides of nitrogen and volatile organic compounds at the segment level in tons per year and pounds per typical ozone season day. Actual emission estimates shall include upsets, downtime and fugitive emissions, and shall follow an emission estimation method;

(2) AFS estimated emissions method code;

(3) Calendar year for the emissions; and

(4) Emission factor, if applicable.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; 32 DCR 565 (February 1, 1985)); as amended by § 2 of the National Ambient Air Quality Standards Attainment Amendment Act of 1993, effective September 30, 1993 (D.C. Law 10-24; 40 DCR 5474 (July 30, 1993)). District of Columbia Municipal Regulations Environment 20 DCMR § 500

20 DCMR § 501 MONITORING DEVICES

501.1 The Mayor shall require the owner or operator of a stationary source which emits more than one hundred (100) tons per year of any air pollutant to install, maintain, and operate, at the expense of the owner or operator, the stationary source monitoring devices necessary to enable the owner or operator and the Mayor to determine whether the source is being, or will be operated in compliance with all applicable air pollution standards, regulations, and laws. Monitoring information shall be supplied as the Mayor may require in accordance with § 500.1.

501.2 The owner of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct the ambient monitoring that the Mayor determines is necessary, to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.

501.3 The owner of a major stationary source or major modification shall meet the requirements of Appendix B to 40 CFR Part 58 during the operation of monitoring stations.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 501, 32 DCR 565, 602 (February 1, 1985).

20 DCMR § 502 SAMPLING, TESTS, AND MEASUREMENTS

502.1 The Mayor may conduct, or cause to be conducted, or require an owner or operator to conduct, tests of emission of air pollutants from any source. The Mayor shall not require an owner or operator to conduct tests with unreasonable frequency.

502.2 Upon request by the Mayor, the person responsible for the source to be tested shall provide necessary holes in stacks or ducts and any other safe and proper sampling and testing facilities that may be necessary for proper determination of the emission of air pollutants. The Mayor may take or cause to be taken samples of fuel by any appropriate means in the quantities he or she feels are necessary.

502.3 Notwithstanding any other provision to the contrary in this subtitle, the Mayor may require or approve modifications to testing and measurement procedures and methods, calculation methods and performance specifications provided in this subtitle, to take into account the following:

(a) Specific conditions at the site or location;

(b) Latest available techniques;

(d) Equivalency of the modified technique with the specified technique, in terms of results;

(e) Simplicity of the modified technique in terms of adequacy of the results in determining compliance or violation; and

(f) Other relevant factors.

502.4 The Mayor shall require the submission of reports on any tests he or she may require. The reports shall do the following:

(a) Be reasonably comprehensive;

(b) Contain all raw data obtained during the tests, including data on calibration of equipment;

(d) Contain reasonable data on the quantities and properties of fuel raw materials consumed; and

(e) Contain results of the tests in terms that can be compared directly to emission and other appropriate limitations in this subtitle.

502.5 Tests for particulate matter emissions, nitrogen oxide emissions, and sulfur oxide emissions shall be undertaken in accordance with the appropriate methods in Appendix A to Part 60 of Title 40 C.F.R., revised as of July 1, 1982.

502.6 Testing of fuel oil shall be undertaken in accordance with the most current version of the following methods, as appropriate for the application:

To obtain fuel samples:

ASTM D 270, “Standard Method of Sampling Petroleum and Petroleum Products;”

ASTM D 4057, “Practice for Manual Sampling of Petroleum and Petroleum Products;” or

ASTM D 4177, “Standard Practice for Automatic Sampling of Petroleum and Petroleum Products;”

To determine the fuel oil grade: ASTM D 396, “Standard Specification for

Fuel Oils;”

To determine the sulfur concentration of fuels:

ASTM D 129, “Standard Test Method for Sulfur in Petroleum Products (General Bomb Method);”

ASTM D 1266, “Standard Test Method for Sulfur in Petroleum Products (Lamp Method);”

ASTM D 1552, “Standard Test Method for Sulfur in Petroleum Products (High-Temperature Method”;

ASTM D 2622, “Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry;”

ASTM D 4294, “Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry;” or

ASTM D 5453, “Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence;” and

Other methods developed or approved by the Department or the Administrator of the United States Environmental Protection Agency (EPA).

502.7 Visible emissions may be read by a qualified observer without the aid of any devices, by an observer with the aid of hand-held charts prepared on the principle of the Ringelmann Smoke Chart, or by other reasonable devices approved by the Mayor.

502.8 An observer may become qualified to take visible emission readings without the aid of any devices by being certified in accordance with the appropriate provisions of item 3, Qualifications and Testing of Method 9, Appendix A to Part 60 of Title 40 C.F.R., revised as of July 1, 1982. That certification shall be valid for a period of one (1) year.

502.9 Qualified observers shall take readings in accordance with the appropriate provisions of items 2.1 Position, and 2.3 Observations, of Method 9 referred to in § 502.8. Readings by the qualified observer shall be taken momentarily at approximate intervals of fifteen (15) seconds and shall be recorded to the nearest five percent (5%) opacity; each momentary observation recorded shall represent the opacity of the emissions during the fifteen (15) second interval.

502.10 Continuous monitoring and recording equipment for visible emissions shall meet the performance specifications in the appropriate provisions of Performance Specification 1 in Appendix B to Part 60 of Title 40 C.F.R., revised as of July 1, 1982, and shall be installed, calibrated, operated, and maintained in accordance with the appropriate provisions of items 3.4 Cycling Times, 3.5 Monitor Location, 3.7 Zero and Drift, and 3.8 Span, in Appendix P to Part 51 of Title 40 C.F.R. revised as of July 1, 1982.

502.11 [REPEALED].

502.12 [REPEALED].

502.13 Stationary sources other than those specified in §§ 502.14 and 502.17 shall be tested in accordance with the provisions of this section.

502.14 Stationary sources of hazardous air pollutants shall be tested in accordance with the provisions of 40 C.F.R., Part 61.

502.15 Except for sources subject to the standards of performance as set forth in 40 C.F.R. Part 60, the Mayor may grant waivers on a case-by-case basis from the requirements of § 502.13 if, based upon a technical evaluation of the past performance of similar source types, using similar control methods, the Mayor reasonably expects the new or modified source to perform in compliance with applicable standards of performance.

502.16 Tests for determining the Reid Vapor Pressure of gasoline and gasoline-oxygenate blends shall be undertaken in accordance with appropriate methods as set forth in 40 C.F.R. Part 80, Appendix E.

502.17 Tests for emissions of volatile organic compounds shall be undertaken in accordance with the appropriate methods in Appendix 5-1 to this chapter.

502.18 For the purpose of determining compliance with Subsection 904.1, the oxygen content of gasoline shall be determined by:

(a) Using the sampling methodologies set forth at 40 C.F.R. Part 80, Appendix D (July 1, 1999), relating to sampling procedures for fuel volatility, or other methods approved by EPA and the Mayor;

(b) Using American Society for Testing and Materials (ASTM) test method D-4815-89, or any method approved by EPA and the Mayor;

(c) Using the procedures for calculating the oxygen content of gasoline described in the EPA guidance document entitled "Guidelines for Oxygenated Gasoline Credit Programs and Guidelines on Establishment of Control Periods Under Section 211(m) of the Clean Air Act as Amended", 42 U.S.C. 7545(m), which was published in the Federal Register on October 20, 1992 (57 FR 47853), or other methods developed or approved by EPA and approved by the Mayor.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; § 502, 32 DCR 565, 603 (February 1, 1985)); as amended by § 2 of the Gasoline Reid Vapor Pressure Requirements Act of 1990, effective March 8, 1991(D.C. Law 8-238; 38 DCR 331 (January 11, 1991)); by § 2 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, effective September 30, 1993 (D.C. Law 10-24; 40 DCR 5474, 5479 (July 30, 1993)); by § 14 of the Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94; 42 DCR 7178 (December 29, 1995)); as amended by Final Rulemaking published at 47 DCR 8643 (October 27, 2000)[EXPIRED]; as amended by Final Rulemaking published at 47 DCR 9691(December 8, 2000); as amended by Final Rulemaking published at 62 DCR 14839 (November 13, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 502

20 DCMR § 599 DEFINITIONS AND ABBREVIATIONS

599.1 The meanings ascribed to the definitions and abbreviations appearing in §§ 199.1 and 199.2 respectively of Chapter 1 shall apply to the terms and abbreviations in this chapter.

APPENDIX 5-1

TEST METHODS FOR SOURCES OF VOLATILE ORGANIC COMPOUNDS

Source Category

EPA Document No.

Control Option

Test Method1

Bulk gasoline terminals

EPA-450/2-77-026

Add-on2

Methods 25A, 25B, 2A, 2B

Leak tests per methods in EPA-450/2-78-051

Bulk plants

EPA-450/2-77-035

Vapor balance system3 equipment specifications and operating procedures

Equipment inspection per methods in EPA-450/2-77-035, page 6-3

Cutback asphalt

EPA-450/2-77-037

Water emulsion

Emulsion solvent content

Direct observation by inspector

ASTM Distillation Test D-244

Degreasing

Not Applicable

Low volatility VOC solvents

Low or no VOC content solvents

ASTM Method D-2879-86

Method 24

Degreasing

EPA-450/2-77-022

Equipment specifications and operating procedures

Per methods in EPA-450/2-77-022, pages 3-31, 3-33, 3-35, and 7-1 to 7-7

Add-on2

External floating roof tanks

EPA-450/2-78-047

Inspection, maintenance and monitoring

Per methods in EPA-450/2-78-047, pages 5-1 to 5-4

Fixed-roof tanks

EPA-450/2-77-036

Internal floating roof4 equipment specifications and maintenance requirements

Per methods in

EPA-450/2-77-036, page 6-2

Add-on2

Method 25

Gasoline tank trucks

EPA-450/2-78-051

Pressure-vacuum test

Inspection, maintenance and monitoring

Method 27 or methods in EPA-450/2-78-051, Appendix B

Leak tests per methods in EPA-450/2-78-051 Appendix B

Graphic arts: rotogravure and flexography

EPA-450/2-78-033

Low solvent inks, high solids inks

Method 24 or 24A

Add on2

Method 25

Graphic Arts: Offset Lithography

Not Applicable

Add-on2

Low volatility VOC cleaning solutions

Low VOC content cleaning solutions

Dampening solution

Method 25 or 25A

ASTM Method D-2879-86

Method 24

Method 415.1

Manufacture of high density polyethylene, polypropylene and polystyrene

EPA-450/3-83-008

Add on2

Method 18, 25 or 25A

Natural gas/gasoline processing plants

EPA-450/3-83-007

Inspection, maintenance and monitoring

Method 21

Petroleum dry cleaners

EPA-450/3-82-009

Operation and maintenance

Per methods in EPA-450/3-82-009, Appendix E

Add-on2

Method 25

Petroleum refinery equipment leaks

EPA-450/2-78-036

Inspection, maintenance and monitoring

Method 21

Petroleum refinery vacuum producing systems, wastewater separators and process unit turnarounds

EPA-450/2-77-025

Equipment specifications and operating procedures

Per methods in EPA-450/2-77-025, page 6-2

Perchloroethylene dry cleaners

EPA-450/2-78-050

Operation and maintenance

Per methods in EPA-450/2-78-050, pages 6-1 to 6-4

Add-on2

Pharmaceutical manufacture

EPA-450/2-78-029

Operation and maintenance

Per methods in

EPA-450/2-78-029, page 7-2

Add-on2

Method 25

Rubber tire manufacture

EPA-450/2-78-030

Add-on2

Method 25

Service stations-Stage I

Design criteria document

Vapor balance system3 equipment specifications operating and procedures

Equipment inspection per methods in Design Criteria Document, pages 3 to 6

Leak tests per methods in EPA-450/2-78-051

Surface coating of cans, metal coils, paper, fabric, and automobiles and light-duty trucks

EPA-450/2-77-008

Low solvent coatings

Method 24

Add-on2

Method 25 or methods in EPA-450/2-78-041

Surface coating of flatwood paneling

EPA-450/2-78-032

Low solvent coatings

Method 24 or methods in EPA-450/2-78-032, page 5-1

Add-on2

Method 25

Surface coating of large appliances

EPA-450/2-77-034

Low solvent coatings

Method 24 or methods in EPA-450/2-77-034 pages 5-1 to 5-4

Add-on2

Method 25 or methods in EPA-450/2-78-041

Surface coating of magnetic wire

EPA-450/2-77-033

Add-on2

Method 25 or methods in EPA-450/2-78-041

Surface coating of metal furniture

EPA-450/2-77-032

Low solvent coatings

Method 24 or methods in EPA-450/2-77-032, pages 5-1 to 5-5

Add-on2

Method 25 or methods in EPA-450/2-78-041

Surface coating of miscellaneous metal parts and products

EPA-450/2-78-015

Low solvent coatings

Method 24 or methods in EPA-450/2-78-015, page 6-1

Add-on2

Method 25

Synthetic organic chemicals

manufacturing industry (SOCMI) equipment leaks

EPA-450/3-83-006

Inspection, maintenance and monitoring

Method 21

Synthetic organic chemicals manufacturing industry (SOCMI) air oxidation unit processes

Add-on2

Method 18

Volatile organic liquid storage vessels

Inspection, maintenance and monitoring

1Methods refer to those found in Appendix A to Part 60 of Title 40 of the Code of Federal Regulations unless otherwise noted.

2Add-on refers to emission control equipment, e.g. incineration, carbon adsorption, refrigeration, refrigeration/compression/absorption, etc.

3Visual inspection except for leaks.

4Visual inspections only.

History

SOURCE: Section 2 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, D.C. Law 10-24, 40 DCR 5474, 5479 (July 30, 1993); as amended by Final Rulemaking published at 45 DCR 7037 (October 2, 1998).

20-6 AIR QUALITY - PARTICULATES

20 DCMR § 600 FUEL-BURNING PARTICULATE EMISSION

600.1 The emission of particulate matter from any fuel burning equipment shall not be in excess of the rate determined by the following formula:

E = 0.17455 H-0.23522

Where:

E = Allowable emissions in pounds per million British Thermal Units (BTUs) of heat input, and

H = Heat input to the fuel-burning equipment in millions of BTUs per hour;

Provided, that:

(a) Nothing in § 600.1 shall be construed to allow the emission of particulate matter from any fuel-burning equipment in excess of the rate of thirteen hundredths pound (0.13 lb) per million BTU of heat input; and

(b) Nothing herein shall be construed to require the emission of particulate matter from any fuel-burning equipment to be lower than the rate of two hundredths pound (0.02 lb) per million BTU of heat input.

600.2 Compliance with or violation of § 600.1 shall be determined by performance tests conducted when the fuel-burning equipment (from now on referred to as "equipment") is operating under conditions encountered in normal operation that create the worst emissions in relation to allowable emissions. Tests shall be conducted at the maximum continuous operating capacity of the equipment unless the Mayor has reason to believe that the worst emissions in relation to allowable emissions occur under other conditions.

600.3 For equipment equipped for the blowing of soot, the frequency of soot blowing during performance tests shall be proportioned to the frequency of soot blowing during the conditions at which the equipment is tested.

600.4 Equipment shall not be specially tuned or optimized immediately before performance testing unless the owner or operator of the equipment represents in writing to the Mayor that the equipment will be maintained in an optimized condition subsequent to performance testing.

600.5 The conditions for testing may be modified by the Mayor to suit specified sampling conditions or needs based on good practice, judgment and experience; Provided, that no such modification shall have the effect of increasing the stringency of the standard.

600.6 When determining compliance with or violation of § 600.1 by performance tests, the test results shall be calculated using the method described in § 60.45(f)(5) of Title 40 CFR, revised as of July 1, 1982.

600.7 The blowing of soot from any fuel-burning equipment fired by solid fuels shall be prohibited except during the hours of 10 a.m to 4 p.m.; Provided, that the Mayor may allow the blowing of soot during other periods upon a finding that the blowing of soot is desirable for the efficient operation of the fuel-burning equipment or for the safety of personnel or equipment.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165, § 600; 32 DCR 565, 607 (February 1, 1985)); as amended by Final Rulemaking published at 51 DCR 3877 (April 16, 2004) [incorporating by reference the text of Proposed Rulemaking published at 51 DCR 1437 (February 6, 2004)]. District of Columbia Municipal Regulations Environment 20 DCMR § 600

20 DCMR § 601 ROTARY CUP BURNERS

601.1 The sale, installation, or use of a rotary cup burner or the replacement of any existing burner with a rotary cup burner shall be prohibited.

601.2 The sale for use or use of fuel oil in any rotary cup burner shall be prohibited.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 601, 32 DCR 565, 608 (February 1, 1985).

20 DCMR § 602 INCINERATORS

602.1 The use of single chamber and flue-fed incinerators shall be prohibited. No person shall be permitted to use an incinerator unless it is of multiple chamber design, and is otherwise in compliance with this subtitle.

602.2 Operation of any incinerator built after July 7, 1972, shall be prohibited if the incinerator emits more than three hundredths (0.03) grains of particulate matter per dry standard cubic foot of exhaust gas corrected to twelve percent (12%) carbon dioxide, without the contribution of carbon dioxide from auxiliary fuel.

602.3 Use of any incinerator which was in existence on July 7, 1972, is prohibited, if the incinerator has a capacity of more than four hundred (400) pounds per hour, or emits more than eight one hundredths (0.08) grains of particulate matter per dry standard cubic foot of exhaust gas corrected to twelve percent (12%) carbon dioxide, without the contribution of carbon dioxide from auxiliary fuel.

602.4 The District facility known as Solid Waste Reduction Center No. 1 shall be operated so as not to discharge into the atmosphere particulate matter which is in excess of eight one hundredths (0.08) grains of particulate matter per dry standard cubic foot of exhaust gas corrected to twelve percent (12%) carbon dioxide, without the contribution of carbon dioxide from auxiliary fuel.

602.5 No new incinerator shall commerce operation except for an incinerator to be operated by or for the District of Columbia Government and except where the Mayor shall find that any other system of waste disposal would endanger the public health. These incinerators shall be subject to § 602.2.

602.6 An incinerator shall operate only between the hours of 10 a.m. and 4 p.m. This restriction shall not apply to incinerators with a refuse-burning capacity of five (5) tons per hours or more.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 602. 32 DCR 565, 608 (February 1, 1985).

20 DCMR § 603 PARTICULATE PROCESS EMISSIONS

603.1 The discharge of particulate matter into the atmosphere from any process shall not exceed the emission limits set forth in Appendix 6-1. The allowable limits shall not exceed three hundredths (0.03) grains per dry standard cubic foot of exhaust gas.

603.2 Where the process or the design of the equipment permits more than one (1) interpretation of this section, the interpretation that results in the minimum value of allowable emissions shall apply.

603.3 Adding diluted air to the exhaust gas stream for the purpose of complying with the provisions of §§ 603.1 through 603.2 shall be prohibited.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 603, 32 DCR 565, 609 (February 1, 1985).

20 DCMR § 604 OPEN BURNING

604.1 Open fires shall be prohibited, except as otherwise provided by § 604.2.

604.2 Open fires may be permitted for one (1) or more of the following reasons or purposes:

(a) The performance of an official duty by any public health or public safety officer, after notification to the Mayor;

(b) Prevention of a fire hazard which cannot be abated by other means;

(d) Recreational purposes, including the cooking of food for human consumption on other than commercial premises; or

(e) Providing warmth for construction or other workers by use of Salamander heaters or other heating devices approved by the Mayor.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 604, 32 DCR 565, 609 (February 1, 1985).

20 DCMR § 605 CONTROL OF FUGITIVE DUST

605.1 Reasonable precautions shall be taken to minimize the emission of any fugitive dust into the outdoor atmosphere. The reasonable precautions shall include, but not be limited to, the following:

(a) In the case of unpaved roads, unpaved roadways, and unpaved parking lots;

(1) Use of binders, chemicals, or water in sufficient quantities and at sufficient frequencies to prevent the visible emission of dust due to the movement of vehicles or of the wind; and

(2) Prompt clean-up of any dirt, earth, or other material from the vicinity of the road, roadway, or lot which has been transported from the road, roadway, or lot due to anthropogenic activity or due to natural forces.

(b) In the case of paved roads, paved roadways, and paved parking lots: Maintenance of the road, roadway, lot, or paved shoulder in a reasonably clean condition through reasonably frequent use of water, sweepers, brooms, or other means, through reasonably frequent removal of accumulated dirt from curb-side gutters, through reasonably prompt repair of pavement, or through any other means;

(1) Fully covering the material in question, with a tarpaulin or other material; and

(2) Operation, maintenance, and loading of the vehicle, distribution of the loaded material on or in the vehicle, and limiting the quantity of material loaded on or in the vehicle, so that there will be no spillage of the material onto the roads;

(d) In the case of vehicles which accumulate dirt on the wheels, undercarriages, and other parts of the vehicle, due to the movement of the vehicle on dusty, dirty or muddy surfaces: Water washing of all of the dirty parts of the vehicle to thoroughly remove the dirt before or immediately after the vehicle leaves the dusty, dirty, or muddy surface;

(e) In the case of the demolition of buildings or structures: Use, to the extent possible, of water;

(f) In the case of removal of demolition debris which is dusty or likely to become dusty: Use of water to thoroughly wet the material before moving or removing the material and keeping it wet or otherwise in a dust-free condition until eventual disposal;

(g) In the case of loading and unloading of dusty material and in the case where dry sand-blasting or dry abrasive cleaning is necessary: Use of enclosed areas or hoods, vents, and fabric filters. If it is shown to the satisfaction of the Mayor that use of enclosed areas, hoods, vents, and fabric filters is not possible, alternate control techniques acceptable to the Mayor and designed to minimize the emissions to the extent possible shall be utilized; and

(h) In the case of stockpiles of dusty material: Use, where possible, of closed silos, closed bins or other enclosures which are adequately vented to fabric filters. Where the use of closed silos, closed bins, or other enclosures is not possible, thorough wetting of the material before loading onto the stockpile and keeping the stockpile wetted, covered, or otherwise in a non-dusty condition.

605.2 The emission of fugitive dust from the following is prohibited:

(a) Any material handling, screening, crushing, grinding, conveying, mixing, or other industrial-type operation or process;

(b) Heater-planers in repairing asphaltic concrete pavements;

(d) The ventilation of any tunnelling operation; or

(e) The cleaning of exposed surfaces through the use of compressed gases.

605.3. All persons shall comply with the provisions of this section and those of the Soil Erosion and Sedimentation Control Act of 1977, (D.C. Law 2-23).

605.4 In those circumstances where it is not possible to comply with specific provisions of both this section and the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23), the provisions of the Soil Erosion an Sedimentation Control Act of 1977 (D.C. Law 2-23), shall prevail.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 605, 32 DCR 565, 610 (February 1, 1985).

20 DCMR § 606 VISIBLE EMISSIONS

606.1 Except as otherwise provided in Subsections 606.3 and 606.6, visible emissions from stationary sources and nonroad engines shall not:

(a) For stationary sources:

(1) Exceed a five percent (5%) variability factor, above or below zero percent (0%), from stationary equipment placed in initial operation on or after January 1, 1977, with an installed Continuous Opacity Monitoring System (COMS);

(2) Be emitted into the outdoor atmosphere from any stationary equipment placed in initial operation on or after January 1, 1977, without an installed COMS; and

(3) At any time exhibit opacity more than ten percent (10%) (unaveraged) from any stationary equipment placed in initial operation before January 1, 1977;

(b) For nonroad compression ignition engines Tier 1 and greater, exceed the opacity standards outlined in 40 C.F.R. § 1039.105; and

606.2 Discharges shall be permitted for two (2) minutes during any startup, cleaning, adjustment of combustion or operational controls, or regeneration of emission control equipment; provided, that such discharges shall not exceed the following opacities (unaveraged) for each of the following stationary sources:

(a) Fuel-burning equipment:

(1) When burning exclusively natural gas, twenty percent (20%); and

(2) When burning fuel oil or a combination of fuel oil and natural gas, twenty-seven percent (27%);

(3) In all other cases, including when burning coal, twenty-seven percent (27%);

(b) Combustion turbines, twenty percent (20%);

(d) Stationary engines, twenty-seven percent (27%);

(e) Cooking equipment, twenty percent (20%); and

(f) All sources not specified, twenty-seven percent (27%).

606.3 As an exception to § 606.1(a)(2), the owner or operator of a stationary source may produce visible emissions not to exceed ten percent (10%) opacity if the owner or operator can demonstrate that the source meets the following criteria:

(a) The source meets all applicable particulate matter standards at the increased visible emissions limit;

(b) Visible emissions at the increased visible emissions limit are not an indication of improper operation of the equipment;

(c) The particulate emissions at the increased visible emissions limit will not create a violation of any National Ambient Air Quality Standard;

(d) The source cannot modify operations or install control equipment to meet a lower opacity standard without incurring unreasonable expense; and

(e) The source has had this limit approved in a permit pursuant to Chapter 2, and when applicable Chapter 3, of this title.

606.4 Owners and operators of stationary sources and regulated nonroad engines shall:

(a) Maintain and operate the equipment, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions, including during startup, shutdown, and malfunction;

(b) Maintain the equipment in accordance with one of the following:

(1) The manufacturer’s emission-related written instructions; or

(2) Unless preempted by specific federal regulation, an alternate written maintenance plan approved in writing by the Department; and

(c) Ensure that persons participating in the maintenance and operation of equipment are adequately trained and supervised to meet the requirements of Section 606.4 (a) and (b).

606.5 Owners and operators of stationary sources and regulated nonroad engines shall:

(a) Maintain signed or electronically verified logs of the date, time, and duration of any equipment manual startup, manual shutdown, cleaning, combustion control adjustment, emission control regeneration, and malfunction;

(b) For any malfunction, investigate the cause of the malfunction and maintain records of the investigatory activities and conclusions of such investigation;

(c) Maintain signed or electronically verified logs of the date and description of any maintenance performed on any installed COMS; and

(d) Retain all records required pursuant to § 606.5(a) through (c) in accordance with § 500.8, unless a longer retention period is required pursuant to another applicable regulation.

606.6 The provisions of this section shall not apply to visible emissions:

(a) When the presence of uncombined water is the only reason for failure of a visible emission to meet the requirement;

(b) From interior fireplaces;

(d) From nonroad engines not subject to 40 C.F.R. § 1039.105 or 40 C.F.R. § 40 CFR 1033.101 (c).

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 606, 32 DCR 565, 612 (February 1, 1985); as amended by Final Rulemaking published at 59 DCR 12890 (November 9, 2012); as amended by Final Rulemaking published at 70 DCR 010958 (August 11, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 606

20 DCMR § 699 DEFINITIONS AND ABBREVIATIONS

699.1 The meanings ascribed to the definitions and abbreviations appearing in §§ 199.1 and 199.2 respectively of Chapter 1 shall apply to the terms and abbreviations in this chapter.

APPENDIX 6-1

Process Maximum

Process Weight*

Per Hour in

Pounds

Weight of Parti-

culate Discharge Per

Hour in Pounds

Process Weight*

Per Hour in

Pounds

Process Maximum

Weight of Parti-

culate Discharge Per

Hour in Pounds

.24

3000

5.10

100

.46

3100

5.18

150

.66

3200

5.27

200

.85

3300

5.36

250

1.03

3400

5.44

300

1.20

3500

5.52

350

1.35

3600

5.61

400

1.50

3700

5.69

450

1.63

3800

5.77

500

1.77

3900

5.85

550

1.89

4000

5.93

600

2.01

4100

6.01

650

2.12

4200

6.08

700

2.24

4300

6.15

750

2.34

4400

6.22

800

2.43

4500

6.30

850

2.53

4600

6.37

900

2.62

4700

6.45

950

2.72

4800

6.52

1000

2.80

4900

6.60

1100

2.97

5000

6.67

1200

3.12

5500

7.03

1300

3.26

6000

7.37

1400

3.40

6500

7.71

1500

3.54

7000

8.05

1600

3.66

7500

8.39

1700

3.79

8000

8.71

1800

3.91

8500

9.03

1900

4.03

9000

9.36

2000

4.14

9500

9.67

2100

4.24

10000

10.00

2200

4.34

11000

10.63

2300

4.44

12000

11.28

2400

4.55

13000

11.89

2500

4.64

14000

12.50

2600

4.74

15000

13.13

2700

4 84

16000

13.74

2800

4.92

17000

14.36

2900

5.02

18000

14.97

19000

15.58

50000

34.30

20000

16.19

60000

40.00

30000

22.22

or more

40000

28.30

*Where the process weight per hour falls between two (2) values in the table, the maximum weight per hour shall be determined by linear interpolation:

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 603.1, 32 DCR 565, 650 (February 1, 1985).

20-7 AIR QUALITY - VOLATILE ORGANIC COMPOUNDS AND HAZARDOUS AIR POLLUTANTS

20 DCMR § 700 MISCELLANEOUS VOLATILE ORGANIC COMPOUNDS (VOCs)

700.1 Unless otherwise specified, sources subject to subsequent sections of this chapter shall not be subject to § 700.

700.2 No person shall discharge into the atmosphere more than fifteen (15) pounds of volatile organic compound (VOC) emissions in any one (1) day, nor more than three pounds (3 lb.) in any one (1) hour, from any combination of articles, machines, units, equipment, or other contrivances at a facility, unless the uncontrolled VOC emissions are reduced by at least ninety percent (90%) overall capture and control efficiency.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 700, 32 DCR 565, 615 (February 1, 1985); as amended by Notice of Final Rulemaking published at 58 DCR 11386, 11287 (December 30, 2011).

20 DCMR § 701 STORAGE OF PETROLEUM PRODUCTS

701.1 A person shall not place, store or hold in any stationary tank, reservoir or other container with a capacity of more than forty thousand (40,000) gallons any gasoline or any petroleum distillate having a vapor pressure of one and one-half pounds per square inch (1.5 lb./in2) absolute or greater under actual storage conditions, unless the tank, reservoir, or other container is a pressure tank maintaining working pressures sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere, or is designed and equipped with one of the vapor loss control devices in good working order and in operation, as provided in §§ 701.2 through 701.13.

701.2 This section shall apply to all petroleum liquid storage vessels equipped with external floating roofs, having capacities greater than forty thousand (40,000) gallons.

701.3 This section does not apply to petroleum liquid storage vessels which do any of the following:

(a) When used to store waxy, heavy pour crude oil;

(b) Have a capacity of less than four hundred twenty thousand (420,000) gallons and are used to store produced crude oil and condensate prior to lease custody transfer;

(d) Contain a petroleum liquid with a true vapor pressure less than four (4.0) pounds psia:

(1) Are of welded construction; and

(2) Presently possess a metallic-type shoe, seal, a liquid-mounted foam seal, a liquid-mounted liquid filled type seal, or other closure device of demonstrated equivalence approved by the Mayor; or

(e) Are of welded construction, equipped with a metallic-type shoe primary seal and have a secondary seal from the top of the shoe seal to the tank wall (shoe-mounted secondary seal).

701.4 No owner of a petroleum liquid storage vessel subject to this section shall store a petroleum liquid in that vessel unless the following requirements have been met:

(a) The vessel has been fitted with the following:

(1) A continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal); or

(2) A closure or other device which controls volatile organic compound emissions with an effectiveness equal to or greater than a seal required under § 701.4(a)(1) and approved by the Mayor;

(b) All seal closure devices meet the following requirements:

(1) There are no visible holes, tears, or other openings in the seal(s) or seal fabric;

(2) The seal(s) are intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall; and

(3) For vapor mounted primary seals, the accumulated areas of gaps exceeding one-eighth inch (1/8 in.) in width between the secondary seal and the tank wall shall not exceed one inch squared per foot (1.0 in/ft2) of tank diameter, as determined by the method in § 701.12.

(c) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are as follows:

(1) Equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and

(2) Equipped with projections into the tank which remain below the liquid surface at all times.

(d) Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports;

(e) Rim vents are set to open when the roof is being floated off the leg supports or at the manufacturer's recommended setting; and

(f) Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at least ninety percent (90%) of the area of the opening.

701.5 The owner or operator of a petroleum liquid storage vessel with an external floating roof subject to this subtitle shall do the following:

(a) Perform routine inspections semi-annually in order to insure compliance with § 701.4 and the inspections shall include a visual inspection of the secondary seal gap;

(b) Measure the secondary seal gap annually in accordance with § 701.4(b)(3) when the floating roof is equipped with a vapor-mounted primary seal; and

(c) Maintain records of the types of volatile petroleum liquids stored, the maximum true vapor pressure of the liquid stored, and the results of the inspections performed according to §§ 701.5(a) and 701.5(b).

701.6 The owner or operator of a petroleum liquid storage vessel with an external floating roof exempted from this section by § 701.3(c) but containing a petroleum liquid with a true vapor pressure greater than one pound per square inch (1.0 lb/in2), shall maintain records of the average monthly storage temperature, the type of liquid, and the maximum true vapor pressure for all petroleum liquids with a true vapor pressure greater than one pound per square inch (1.0 lb/in2).

701.7 Copies of all records under §§ 701.5 and 701.6 shall be retained by the owner or operator for a minimum of two (2) years after the date the record was made.

701.8 Copies of all records under this section shall immediately be made available to the Mayor, upon verbal or written request, at any reasonable time.

701.9 The Mayor may, upon written notice, require more frequent inspections or modify the monitoring and recordkeeping requirements, when necessary to accomplish the purposes of this section.

701.10 The owner or operator of any volatile organic compound source required to comply with § 701.13 shall, at his or her own expense, demonstrate compliance by the methods approved by the Mayor.

701.11 A person proposing to conduct a volatile organic compound, emissions test shall notify the Mayor of the intent to test not less than thirty (30) days before the proposed initiation of the tests so the Mayor may at his or her option observe the test. The notification shall contain the information required by, and be in a format approved by the Mayor.

701.12 Compliance with § 701.4(b)(3) shall be determined by the following:

(a) Physically measuring the length and width of all gaps around the entire circumference of the secondary seal in each place where a one-eighth inch (1/8 in.) uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall; and

(b) Summing the area of the individual gaps.

701.13 A vapor recovery system shall consist of a vapor gathering system capable of collecting the hydrocarbon vapors and gases so as to prevent their emission to the atmosphere and with all tank gauging and sampling devices gas-tight except when gauging or sampling is taking place.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 701, 32 DCR 565, 615 (February 1, 1985).

20 DCMR § 702 CONTROL OF VOLATILE ORGANIC COMPOUND LEAKS FROM PETROLEUM REFINERY EQUIPMENT

702.1 The owner or operator of a petroleum refinery complex subject to this section shall do the following:

(a) Develop a monitoring program consistent with the provisions in § 702.5(a);

(b) Conduct a monitoring program consistent with the provisions in § 702.7;

(c) Record all leaking components which have a volatile organic compound concentration exceeding ten thousand parts per million (10,000 ppm) when tested according to the provisions in § 702.6, and place an identifying tag on each component consistent with the provisions in § 702.9;

(d) Repair and retest the leaking components as soon as possible but no later than fifteen (15) days after the leak is found; and

(e) Identify all leaking components which cannot be repaired until the unit is shut down.

702.2 The Mayor may, at his or her discretion, require early unit shutdown based on the number and severity of tagged leaks awaiting shutdown.

702.3 Except for safety pressure relief valves, no owner or operator of a petroleum refinery shall install or operate a valve at the end of a pipe or line containing volatile organic compounds unless the pipe or line is sealed with a second valve, a blind flange, a plug, or a cap. The sealing device may be removed only when a sample is being taken or during maintenance operations.

702.4 Pipeline valves and pressure relief valves in gaseous volatile organic compound service shall be marked in some manner that will be readily obvious to both refinery personnel performing monitoring and the Mayor.

702.5 In order to comply with §§ 702.1 through 702.4, the owner or operator of a petroleum refinery shall do the following:

(a) Submit to the Mayor a monitoring program within ninety (90) days of the effective date of the District of Columbia Air Pollution Control Act of 1984. This program shall contain, at a minimum, a list of the refinery units and the quarter in which they will be monitored, a copy of the log book format, and the make and model of the monitoring equipment to be used. In no case shall a monitoring contract relieve the owner or operator of a petroleum refinery of the responsibility for compliance with this subtitle; and

(b) Submit the first quarterly monitoring report to the Mayor within two hundred seventy (270) days of the effective date of the District of Columbia Air Pollution Control Act of 1984.

702.6 Testing and calibration procedures used to comply with this subtitle shall be consistent with Appendix B of the EPA Office of Air Quality Planning and Standards, Guideline Series document, "Control of Volatile Organic Compound Leaks from Petroleum Refinery Equipment," EPA-450/2-78-036.

702.7 The owner or operator of a petroleum refinery subject to this subtitle shall conduct a monitoring program consistent with the following provisions:

(a) Monitor yearly by the methods referenced in § 702.6, the following:

(1) Pump seals;

(2) Pipeline valves in liquid service; and

(3) Process drains.

(b) Monitor quarterly by the methods referenced in § 702.6, the following:

(1) Compressor seals;

(2) Pipeline valves in gaseous service; and

(3) Pressure relief valves in gaseous service;

(d) Monitor immediately any pump seal from which liquids are observed dripping;

(e) Monitor any relief valve within twenty-four (24) hours after it has vented to the atmosphere; and

(f) Monitor immediately after repair any component that was found leaking.

702.8 Pressure relief devices which are connected to an operating flare header, vapor recovery device, inaccessible valves, storage tank valves, or valves that are not externally regulated, are exempt from the monitoring requirements in § 702.7.

702.9 The owner or operator of a petroleum refinery, upon the detection of a leaking component, shall affix a weatherproof and readily visible tag, bearing an identification number and the date the leak is located, to the leaking component. This tag shall remain in place until the leaking component is repaired.

702.10 The owner or operator of a petroleum refinery shall maintain a leaking component monitoring log as specified in § 702.1(c) which shall contain, at a minimum, the following data:

(a) The name of the process unit where the component is located;

(b) The type of component (e.g., valve, seal);

(d) The date on which a leaking component is discovered;

(e) The date on which a leaking component is repaired;

(f) The date and instrument reading of the recheck procedure after a leaking component is repaired;

(g) A record of the calibration of the monitoring instrument;

(h) Those leaks that cannot be repaired until turnaround; and

(i) The total number of components checked and the total number of components found leaking.

702.11 Copies of the monitoring log shall be retained by the owner or operator for a minimum of two (2) years after the date on which the record was made or the report prepared.

702.12 Copies of the monitoring log shall be made available immediately to the Mayor, upon verbal or written request made at a reasonable time.

702.13 The owner or operator of a petroleum refinery, upon the completion of each yearly or quarterly monitoring procedure, shall submit the following:

(a) A report to the Mayor by the fifteenth (15th) day of January, April, July, and October that lists all leaking components that were located during the previous three (3) calendar months but not repaired within fifteen (15) days, all leaking components awaiting unit turnaround, the total number of components inspected and the total number of components found leaking; and

(b) A signed statement with the report attesting to the fact that, with the exception of those leaking components listed in § 702.13(a), all monitoring and repairs were performed as stipulated in the monitoring program.

702.14 The Mayor, upon written notice, may modify the monitoring, recordkeeping and reporting requirements as to a specific petroleum refinery complex or part of the specific petroleum refinery complex.

702.15 If, at any time after two (2) complete liquid service inspections and five (5) complete gaseous service inspections, the owner or operator of a petroleum refinery can demonstrate that modifications to §§ 702.7 through 702.14 are appropriate, he or she may petition to the Mayor that revisions be made.

702.16 The petition for revisions under § 702.15 shall contain the following:

(a) The name and address of the company and the name and telephone number of the responsible company representative over whose signature the petition is submitted;

(b) A detailed description of the problem encountered by implementing §§ 702.7 through 702.14; and

702.17 If at any time the owner or operator of a petroleum refinery can demonstrate that compliance with §§ 702.1 through 702.4 would require more than leaking component repair of equipment changed, he or she may petition the Mayor to allow the use of alternative operational or equipment controls-for the reduction of volatile organic emissions.

702.18 The petition filed pursuant to § 702 17 shall be made for each component within a given facility, and shall contain the following:

(a) The name and address of the company and the name and telephone number of the responsible company representative over whose signature the petition is submitted;

(b) A description of all operations conducted at the location to which the petition applies and the purpose that the volatile organic compound emitting component serves within the operations;

(d) A schedule for the installation or institution of the alternative operational or equipment controls.

702.19 The Mayor may approve a petition for alternative control pursuant to § 702.17 if the petition is submitted in accordance with § 702.18.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 702, 32 DCR 565, 619 (February 1, 1985).

20 DCMR § 703 TERMINAL VAPOR RECOVERY - GASOLINE OR VOLATILE ORGANIC COMPOUND

703.1 The loading of volatile organic compounds or gasoline into any tank truck, trailer, or railroad tank car from any loading facility shall be prohibited unless the loading facility is equipped with a vapor collection and disposal system or its equivalent designed to collect the total organic compound vapors displaced during loading and in good working order and in operation.

703.2 A loading procedure effected through the hatches of a tank truck, trailer, or railroad tank car with a loading arm equipped with a vapor collecting adaptor, a pneumatic hydraulic, or other mechanical means shall be provided to force a vapor-tight seal between the adaptor and the hatch. A procedure shall be provided to prevent liquid drainage from the loading device when it is removed from the hatch of any tank truck, trailer, or railroad tank car, or to accomplish complete drainage before removal.

703.3 When loading is effected through means other than hatches, all loading and vapor lines shall be equipped with fittings which make vapor-tight connections and which close automatically when disconnected.

703.4 The vapor disposal portion of the system shall limit the emissions to the atmosphere to no more than eighty (80) milligrams of total organic compounds per liter of product loaded and shall consist of one (1) of the following:

(a) A vapor-liquid absorber system with a minimum recovery efficiency of ninety percent (90%) by weight of all the-hydrocarbon vapors and gases entering the disposal system;

(b) A variable space tank, compressor, and fuel gas system of sufficient capacity to receive all hydrocarbon vapors and gases displaced from tank trucks, trailers and railroad tank cars being loaded; or

(c) Other equipment of at least ninety percent (90%) efficiency; Provided, that the equipment is submitted to and approved by the Mayor.

703.5 Compliance with or violation of the emission standards in § 703 shall be determined in accordance with the procedures prescribed in Appendix A of "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals," published by EPA, October 1977, publication numbers EPA-450/2-77-026 and OAQPS No. 1.2-082.

703.6 The vapor collection and liquid loading equipment shall be designed and operated to prevent gauge pressure in the delivery tank from exceeding eighteen inches (18 in.) of water column during product loading.

703.7 No pressure-vacuum vent in the vapor collection and disposal system shall begin to open at a system pressure less than eighteen inches (18 in.) of water column.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 703, 32 DCR 565, 623 (February 1, 1985); as amended by § 2 of the Air pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, D.C. Law 10-24, 40 DCR 5474, 5486, 5486 (July 30, 1993).

20 DCMR § 704 STAGE I VAPOR RECOVERY

704.1 The transfer of volatile organic compounds or gasoline from any delivery vessel into any stationary storage container with a capacity greater than two hundred fifty (250) gallons shall occur only if the container is equipped with a submerged fill pipe and the displaced vapors from the storage container are processed by a system that prevents release to the atmosphere of no less than ninety percent (90%) by weight of organic compounds in the vapors displaced from the stationary container location.

704.2 The vapor recovery portion of the system shall include either or both of the following:

(a) A vapor return line from the storage container to the delivery vessel and a system that will ensure that the vapor return line is connected before gasoline can be transferred into the container; or

(b) A refrigeration-condensation system or equivalent designed to recover no less than ninety percent (90%) by weight of the organic compounds in the displaced vapor.

704.3 If a vapor-tight return system is used to meet the requirements of § 704, the system shall be constructed as to be adapted to retrofit with an absorption system, refrigeration-condensation system, or equivalent vapor removal system, and constructed to anticipate compliance with § 705.

704.4 A delivery vessel shall be subject to the following conditions:

(a) It may be refilled only at facilities equipped with a vapor recovery system or the equivalent which can recover at least ninety percent (90%) by weight of the organic compounds in the vapor displaced from the delivery vessel during refilling;

(b) It shall be leak tested, by any competent person, at least once each year in accordance with the procedures prescribed in Appendix A of "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," published by EPA, December 1978, publication numbers EPA-450/2-78-051 and OAQPS No. 119;

(c) The standard for passing the leak test referred to in § 704.4(b) is that a pressure change of no more than three inches (3 in.) of water column occur in five (5) minutes when the delivery vessel has been pressurized to eighteen inches (18 in.) of water column and has been evacuated to six inches (6 in.) of water column;

(d) Any delivery vessel that fails to pass the leak test shall be immediately taken out of service and shall be kept out of service until a subsequent test demonstrates compliance with the standards for passing the test;

(e) Whenever a delivery vehicle is in use, a clear and unequivocal certificate shall be posted, by the person responsible for conducting the test, in a conspicuous location on the delivery vessel identifying the particular delivery vessel tested and indicating compliance with the testing standards; and

(f) It shall be loaded or unloaded only if affirmative action has been taken to ensure that the delivery vessel has a clear and unequivocal certificate indicating that it has been leak tested within the past year in accordance with § 704.4(b) and that the last leak test showed compliance with the standards in § 704.4(c).

704.5 The provisions of § 704 shall not apply to the following:

(a) Any container having a capacity of less than two thousand (2,000) gallons installed prior to March 1, 1974; Provided, that the containers are equipped with submerged fill pipes; or

(b) Any transfers made to storage tanks equipped with floating roofs or their equivalent.

704.6 The operation or maintenance of any delivery vessel, or of any part of any liquid delivery system, or vapor collection or recovery system used or designed to be used in connection with the loading or unloading of the delivery vessel, shall be performed in a manner that is vapor-tight or in a manner so that there is no avoidable visible liquid leakage or liquid spillage.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 704, 32 DCR 565, 624 (February 1, 1985)

20 DCMR § 705 STAGE II VAPOR RECOVERY

705.1 For purposes of this section, “owner or operator” means any person who owns, leases, operates, manages, supervises, or controls, directly or indirectly, a gasoline dispensing facility.

705.2 An owner or operator may, on or after January 1, 2022, construct a new gasoline dispensing facility without installing and operating a Stage II vapor recovery system.

705.3 Notwithstanding § 107.1, an owner or operator of an existing gasoline dispensing facility may commence decommissioning of any Stage II vapor recovery system that utilizes a vacuum assist process in accordance with § 705.5 of this regulation on or after January 1, 2022.

705.4 An owner or operator of an existing gasoline dispensing facility must retain and maintain any Stage II vapor recovery system that utilizes a vapor balancing process in accordance with § 705.7.

705.5 An owner or operator of a gasoline dispensing facility that decommissions a Stage II vapor recovery system pursuant to § 705.3 shall perform the decommissioning in accordance with the “Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Refueling Sites” of the Petroleum Equipment Institute, Section 14 (2009 Ed.), and shall provide the Department the completed “Stage II Decommissioning Checklist,” available from the Department, within thirty (30) days of decommissioning.

705.6 At a gasoline dispensing facility that has a Stage II vapor recovery system and has not decommissioned the system pursuant to §§ 705.3 and 705.5, the transfer of gasoline to any vehicular fuel tank from any stationary storage container shall be prohibited unless the transfer is made through a fill nozzle designed, operated, and maintained:

(a) To prevent the discharge of gasoline vapors to the atmosphere from either the vehicle filler neck or the fill nozzle;

(b) To direct the displaced vapor from the vehicular fuel tank to either of the following:

(1) A system, utilizing a vapor balance process, wherein at least ninety percent (90%) by weight of the organic compounds in the displaced vapors are removed, recovered, or destroyed; or

(2) A system, utilizing a vacuum assist process, wherein at least ninety-six percent (96%) by weight of the organic compounds in the displaced vapors are removed, recovered or destroyed; and

705.7 A vapor balance system shall have the following:

(a) A vapor-tight vapor return hose to conduct the vapors displaced from the vehicular fuel tank to the gasoline dispensing facility's gasoline storage tank(s);

(b) A vapor-tight seal to prevent the escape of gasoline vapors into the atmosphere from the interface between the fill nozzle and the filler neck of the vehicular fuel tank;

(c) A fill nozzle with a built-in no-seal no-flow feature designed to prevent the discharge of gasoline from the nozzle unless the seal described in paragraph (b) of this subsection is engaged;

(d) A fill nozzle with a built-in feature designed to automatically shut off the flow of gasoline when the pressure in the vehicular fuel tank exceeds ten (10 inches) inches of water gauge;

(e) A vapor return hose equipped with a device that will automatically shut off the flow of gasoline through the fill nozzle when gasoline circulates back from the fill nozzle through the vapor hose to the facility's gasoline storage tank(s);

(f) A vapor return hose no longer than nine feet (9 feet) in length unless the hose is attached to a device designed to keep the hose out of the way of vehicles (when the nozzle is not in use) and to drain the hose of any collected or condensed gasoline; and

(g) A gasoline dispensing system equipped with a device designed to prevent the dispensing of gasoline at any rate greater than eight (8) gallons per minute.

705.8 An owner or operator shall not allow the use by any person of a fill nozzle that is a part of the vapor balance system unless the system is maintained in good repair, and unless proper operating practices, including the following practices, are followed:

(a) Draining the vapor return hose of any collected or condensed gasoline as often as is necessary, but at least once each operating day;

(b) Waiting as long as is necessary, but at least three (3) seconds after the shut-off of the fuel, before disconnecting the nozzle from the fill neck in order to balance the pressure between the vehicular fuel tank and the facility's gasoline storage tank(s); and

(c) After each fuel delivery, placing the vapor return hose on an area where vehicles will not ride over the vapor return hose.

705.9 An owner or operator shall not allow the transfer of gasoline to any vehicular fuel tank from any stationary storage tank unless the transfer is made through a fill nozzle designed to automatically shut off the transfer of gasoline when the vehicular fuel tank is full or nearly full.

705.10 An owner or operator shall not allow the transfer of any additional gasoline to any vehicular fuel tank from a stationary storage tank after the dispensing system has automatically shut off the transfer of gasoline by virtue of the vehicular fuel tank being full or nearly full.

705.11 An owner or operator shall take the actions necessary to ensure that all parts of the system used at the facility for compliance with the section are maintained in good repair, and to ensure that any person, whether attendant, customer, or other, who uses the facility does so in accordance with proper operating practices and in compliance with the requirements of this section.

705.12 An owner or operator shall not allow the transfer of gasoline to any vehicular fuel tank from any stationary storage tank for which a system for the control of gasoline vapors resulting from motor vehicle fueling operations is required unless the operator posts conspicuously in the gasoline dispensing area the operating instructions and warnings, in a form and with content duly promulgated by the Mayor, for the system. The instructions shall:

(a) Clearly describe how to fuel vehicles correctly with vapor recovery nozzles utilized at the station;

(b) Include a prominent display of the telephone number of the service station owner or operator for making complaints; and

(1) Repeated attempts to continue dispensing after the system has indicated that the vehicle fuel tank is full may result in spillage or recirculation of gasoline; and

(2) Breathing gasoline vapors is hazardous to health.

705.13 All vapor control systems (and components thereof) for the control of gasoline vapors resulting from motor vehicle fueling operations, including vapor balance systems and vacuum assist systems, shall meet the requirements for certification and shall be operated in accordance with the standards established by the State Fire Marshal for the State of California and the Division of Measurement Standards of the Department of Food and Agriculture of the State of California pursuant to §§ 41956, 41956.1, 41958 of the Health and Safety Code of the State of California.

705.14 The owner or operator of a gasoline dispensing facility shall complete the following testing and reporting requirements, including performance of tests approved by the California Air Resources Board (CARB), within 12 months of the most recent test, except as noted, or within thirty (30) days upon installation or replacement of any vapor control systems, to ensure proper working conditions, and shall provide the results to the Department in writing or by other means approved by the Department:

(a) A leak test in accordance with CARB’s Vapor Recovery Test Procedure TP-201.3, as amended;

(b) An air-to-liquid volume ratio test in accordance with the CARB’s Vapor Recovery Test Procedure TP-201.5, as amended;

(d) A vapor return line vacuum integrity test for the Healy Model 400 ORVR System in accordance with CARB Executive Order G-70-186, Exhibit 4 (October 26, 1998);

(e) A vapor return line vacuum integrity test for the Healy Model 600 System in accordance with CARB Executive Order G-70-165 Exhibit 4 (April 20, 1995);

(f) A leak rate and cracking pressure test in accordance with most recent version of CARB’s TP-201.1E (October 8, 2003); and

(g) A tie tank test in accordance with most recent version of CARB’s TP-201.3C (July 26, 2012).

705.15 The owner or operator of a gasoline dispensing facility that has decommissioned or has never installed vapor recovery systems shall perform the test requirements of §§ 705.14(a), (f), and (g) at least once every twelve (12) months or within thirty (30) days upon removal of any vapor control systems.

705.16 The owner or operator of any gasoline dispensing facility that fails any test required in §§ 705.14 or 705.15 shall:

(a) Notify the Department of the failure in writing or by other means approved by the Department within five (5) working days after the test is completed;

(b) Remove the affected dispenser(s) from service immediately after the failed test occurred;

(c) In a case in which the test required in § 705.14(g) results in a failure, also halt operations at the entire gasoline dispensing facility immediately; and

(d) Not recommence halted operations until after necessary repairs are completed and a passing retest occurs.

705.17 The owner or operator of any gasoline dispensing facility shall provide the Department, in writing or by other means approved by the Department, with the following data by January 31 of each year:

(a) Monthly data for the entirety of the prior calendar year on throughput at the gasoline dispensing facility, in terms of volume of gasoline;

(b) The number of nozzles and type of Stage II Vapor Recovery System installed on each nozzle at the gasoline dispensing facility; and

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 705, 32 DCR 565, 626 (February 1, 1985), as amended by § 2 of the Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, D.C. Law 10-24, 40 DCR 5474, 5486 (July 30, 1993); as amended by Final Rulemaking published at 69 DCR 003128 (April 8, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 705

20 DCMR § 706 PETROLEUM DRY CLEANERS

706.1 Section 706 shall apply to petroleum solvent washers, dryers, solvent filters, settling tanks, vacuum stills, and other containers and conveyors of petroleum solvent that are used in petroleum solvent dry cleaning facilities.

706.2 Each owner or operator of a petroleum solvent dry cleaning dryer shall do one (1) of the following:

(a) Limit emissions to the atmosphere to an average of three and one-half pounds (3.5 lbs.) of volatile organic compounds per one-hundred pounds (100 lbs.) dry weight of articles dry cleaned; or

(b) Install and operate a solvent recovery dryer in a manner such that the dryer remains closed and the recovery phase continues until the final recovered solvent flow rate of fifty (50) milliliters per minute is attained.

706.3 Each owner or operator of a petroleum solvent filtration system shall do one (1) of the following:

(a) Reduce the volatile organic compound content in all filtration wastes to one pound (1.0 lb.) or less per one hundred pounds (100 lbs.) dry weight of articles dry cleaned, before disposal and exposure to the atmosphere, or

(b) Install and operate a cartridge filtration system, and drain the filter cartridges in their sealed housings for eight hours (8 hrs.) or more before their removal.

706.4 Each owner or operator of a petroleum solvent vacuum still shall store all vacuum still wastes in a manner that minimizes emission of volatile organic compounds to the atmosphere.

706.5 Each owner or operator of a petroleum solvent dry cleaning facility shall repair all petroleum solvent vapor and liquid leaks within three (3) working days after identifying the leaks. If necessary repair parts are not on hand, the owner or operator shall order these parts within three (3) working days, and repair the leaks no later than three (3) working days following the arrival of the necessary parts.

706.6 The Mayor may exempt any facility from any provision of §§ 706.2 through 706.5 if it is demonstrated that hardships justify such an exemption.

706.7 Compliance with § 706.2(a) shall be determined by the following:

(a) Calculating and recording the weight of the volatile organic compounds vented from the dryer emission control device calculated by using EPA Reference Test (40 CFR, Part 60) Methods 1 and 2, and Method 25A published at 45 CFR 83126, December 17, 1980, with the following specifications:

(1) Field calibration of the flame ionization analyzer with propane standards;

(2) Laboratory determination of the flame ionization analyzer response to a given part per million by volume concentration of propane to the response to the same parts per million concentration of the volatile organic compounds to be measured; and

(3) Determination of the weight of volatile organic compounds vented to the atmosphere by the following:

(A) The multiplication of the ratio determined in § 706.7(a)(2) by the measured concentration of volatile organic compound gas (as propane) as indicated by the flame ionization analyzer response output record;

(B) The conversion of the parts per million by volume value calculated in § 706.7(a)(3)(A) into a mass concentration value for the volatile organic compounds present; and

(C) Multiplying the mass concentration value calculated in § 706.7(a)(3)(B) by the exhaust flow rate determined by using EPA Reference Test Methods 1 and 2;

(b) Calculating and recording the dry weight of articles dry cleaned; and

(c) Repeating paragraphs (a) and (b) of this subsection for normal operating conditions that encompass at least thirty (30) dryer loads, which total not less than four thousand (4,000) pounds dry weight, and represent a normal range of variations in fabrics, solvents, load weights, temperatures, flow rates, and process deviations.

706.8 Compliance with § 706.2(b) shall be determined by the owner or operator verifying that the flow rate of recovered solvent from the solvent recovery dryer at the termination of the recovery phase is no greater than fifty (50) millimeters per minute.

706.9 The procedure referred to in § 706.8 shall be conducted one (1) time for a duration of no less than two (2) weeks during which time no less than fifty percent (50%) of the dryer loads shall be monitored for their final recovered solvent flow rate. The suggested point for measuring the flow rate of recovered solvent is from the solvent-water separator. Near the end of the recovery cycle, the flow of recovered solvent should be diverted to a graduated cylinder. The cycle should continue until the minimum flow of solvent is fifty (50) milliliters per minute. The type of articles cleaned and the total length of the cycle should then be recorded.

706.10 Compliance with § 706.3(a) shall be determined as follows:

(a) Calculate and record the weight of volatile organic compounds contained in at least five (5) two (2) pound samples of filtration waste taken at intervals of at least one (1) week, by employing ASTM Method D322-80 (Gasoline Diluent in Used Gasoline Engine Oils by Distillation);

(b) Calculate and record the total dry weight of articles dry cleaned during the intervals between removal of filtration waste samples, as well as the total mass of filtration waste produced in the same period; and

(c) Calculate and record the weight of volatile organic compounds contained in filtration waste material per one-hundred pounds (100 lbs.) dry weight of articles dry cleaned.

706.11 Compliance with §§ 706.4 through 706.5 requires that each owner or operator make weekly inspections of washers, dryers, solvent filters, settling tanks, vacuum stills, and all containers and conveyors of petroleum solvent to identify perceptible volatile organic compounds vapor or liquid leaks.

706.12 To be in compliance with §§ 706.2 through 706.5 the owner or operator may use an equivalent test procedure or method; Provided, that this method or procedure has been previously approved by the Mayor.

706.13 The owner or operator of a petroleum solvent dry cleaning facility subject to this subtitle which is in existence on the effective date of the District of Columbia Air Pollution Control Act of 1984 shall meet the applicable increments of progress contained in the following schedule:

(a) Submit to the Mayor final plans for the emission control equipment no later than June 1, 1985;

(b) Award contracts for the emission control equipment no later than September 1, 1985;

(d) Achieve final compliance with the Regulation no later than September 1, 1986.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 706, 32 DCR 565, 630 (February 1, 1985).

20 DCMR § 707 PERCHLOROETHYLENE DRY CLEANING

707.1 The owner or operator of a perchloroethylene dry cleaning facility subject to this section shall do the following:

(a) Vent the entire dryer exhaust through a properly functioning carbon adsorption system or equally effective control device;

(b) Operate the device required by paragraph (a) of this subsection so that it provides a ninety percent (90%) reduction in volatile organic compound emissions or so that it emits no more than one-hundred parts per million (100 ppm) of volatile organic compound from the dryer control device before dilution;

(d) Cook or treat all diatomaceous earth filters so that the residue contains twenty-five (25) pounds or less of volatile organic compounds per one hundred (100) pounds of wet waste material;

(e) Reduce the volatile organic compounds from all solvent stills to sixty (60) pounds or less per one hundred (100) pounds of wet waste material;

(f) Drain all filtration cartridges, in the filter housing, for at least twenty-four (24) hours before discarding the cartridges; and

(g) When possible, dry all drained cartridges without emitting volatile organic compounds to the atmosphere.

707.2 The provisions of §§ 707.1(a) and (b) are not applicable to the following:

(a) Perchloroethylene dry cleaning facilities which are coin operated;

(b) Facilities where an adsorber cannot be accommodated because of inadequate space; or

707.3 The Mayor may exclude other facilities if it is demonstrated that other hardships justify an exclusion.

707.4 The owner or operator of a perchloroethylene dry cleaning facility subject to § 707.1(a) or (b) which is in existence on the effective date of the District of Columbia Air Pollution Control Act of 1984 shall meet the applicable increments of progress in the following schedule:

(a) Submit final emission control plans to the Mayor no later than March 1, 1986;

(b) Award contracts, issue purchase orders, or otherwise order the emission control system and process equipment no later than June 1, 1986;

(d) Achieve final compliance, determined in accordance with this section no later than June 1, 1987.

707.5 The owner or operator of a perchloroethylene dry cleaning facility subject to this section shall comply with the operational and maintenance provisions of §§ 707.1(c) through (g) by June 1, 1986.

707.6 The owner or operator of a perchlorethylene dry cleaning facility subject to this subtitle may submit to the Mayor, and the Mayor may approve, a proposed alternative compliance schedule; Provided, that the following occurs:

(a) The proposed alternative compliance schedule is submitted before January 15, 1986;

(b) The owner or operator provides information showing the need for an alternative schedule;

(d) Sufficient documentation and certification from appropriate suppliers, contractors, manufacturers, or fabricators is submitted by the owner or operator of the subject facility to justify the dates proposed for the increments of progress; and

(e) Final compliance is achieved as expeditiously as possible prior to December 31, 1987.

707.7 Compliance with §§ 707.1(a), (f), and (g) shall be determined by means of a visual inspection.

707.8 Compliance with § 707.1(c) shall be determined by means of a visual inspection of the following components:

(a) Hose connections, unions, couplings, and valves;

(b) Machine door gaskets and seatings;

(d) Pumps;

(e) Base tanks and storage containers;

(f) Water separators;

(g) Filter sludge recovery;

(h) Distillation unit;

(i) Diverter valves;

(j) Saturated lint from lint basket; and

(k) Cartridge filters.

707.9 Compliance with § 707.1(b) shall be determined by the following:

(a) A test consistent with EPA Guideline Series document, "Measurement of Volatile Organic Compounds," EPA-450/2-78-041; or

(b) The proper installation, operation, and maintenance of equipment which has been demonstrated to be adequate to meet the emission limits in § 707.1(b).

707.10 Compliance with §§ 707.1(d) and (e) shall be determined by means of the procedure in the American National Standards Institute paper, "Standard Method of Test for Dilution of Gasoline Engine Crankcase Oils."

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1904, D.C. Law 5-165, § 707, 32 DCR 565, 634 (February 1, 1985).

20 DCMR § 708 NONPHOTOCHEMICALLY REACTIVE SOLVENTS

708.1 Unless otherwise specified, sources subject to subsequent sections of this chapter shall not be subject to § 708.

708.2 No person shall discharge into the atmosphere more than forty pounds (40 lb.) of nonphotochemically reactive solvents in any one (1) day, nor more than eight pounds (8 lb.) in any one (1) hour, from any article, machine, equipment, or other contrivance, unless the uncontrolled organic emissions are reduced by at least eighty-five percent (85%).

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 708, 32 DCR 565, 636 (February 1, 1985); as Final Rulemaking published at 45 DCR 7027 (October 2, 1998); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11287 (December 30, 2011).

20 DCMR § 709 ASPHALT OPERATIONS

709.1 Except for purposes of roofing, the manufacture, mixing, storage, use, or application of cutback asphalt during the months of April, May, June, July, August, and September shall be prohibited; except, that in specific circumstances, when it is shown to the satisfaction of the Mayor that the prohibition cited in this subsection is unreasonable, liquefied asphalts containing volatile organic compounds may be manufactured, mixed, stored, used, or applied during these months, subject to any conditions which the Mayor may impose to minimize the emissions of volatile organic compounds into the atmosphere.

709.2 In the determination of the unreasonableness of the prohibitions of cutback asphalt, and in the determination of the conditions that the Mayor may impose to minimize the emissions of volatile organic compounds, the Mayor shall take into consideration, among other factors, the following:

(a) The need for long-life storage of the asphalt;

(b) The lack of significant evaporation of volatile organic compounds from the asphalt;

(d) The weather conditions during the application of the asphalt.

History

SOURCE: Section 3 of the District of Cotumbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 709, 32 DCR 565, 639 (February 1, 1985).

20 DCMR § 710 INTAGLIO, FLEXOGRAPHIC, AND ROTOGRAVURE PRINTING is amended to read as follows:

710.1 Except as provided in § 710.2, it shall be prohibited to operate:

(a) Any intaglio printing unit or perform any intaglio printing operation, except in compliance with the requirements of this section; or

(b) After January 1, 2012, any individual flexographic or rotogravure package printing press with the theoretical potential to emit from the dryer before controls of at least twenty-five tons per year (25 tpy) of VOC from inks, coatings and adhesives combined, except in compliance with the applicable requirements of this section, where any flexographic or rotogravure package printing press that becomes or is currently subject to § 710.1(b) will remain subject to the applicable requirements of this section even if its theoretical potential to emit has fallen or later falls below the applicability threshold.

710.2 If part or all of any printing operation involving VOC emissions is not specifically controlled by the requirements of this section, then the VOC-related emission operation or part of the operation shall be governed by the other requirements of this subtitle.

710.3 This section shall apply only to the emissions of VOCs; all provisions of this subtitle other than those restricting the emissions of VOCs apply to the operations regulated by this section.

The use of inks, wiping solutions, and fountain solutions in

connection with printing units shall comply with the limits on the percentage content of VOCs of the inks, wiping solutions and fountain solutions for the respective types of printing units and be subject to § 710.5 through 710.8.

710.5 The VOC content of ink shall not exceed the following percentages after December 31, 1987:

Heatset intaglio, thirty percent (30%);

Non-heatset paper-wipe intaglio, five percent (5%);

Non-heatset cylinder-wipe intaglio, twelve percent (12%);

Flexography, sixty-five percent (65%), except for any individual flexographic package printing press with the theoretical potential to emit from the dryer prior to controls of at least twenty-five tons per year (25 tpy) of VOC (petroleum ink oil) from inks, coatings, and adhesives combined, which are subject to the following:

(1) Sixty-five percent (65%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add-on air pollution control device (APCD) whose first installation was before January 1, 2012;

(2) Seventy percent (70%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add-on APCD whose first installation was on or after January 1, 2012;

(3) Seventy-five percent (75%) overall control for a press that was first installed on or after March 14, 1995, and that is controlled by an add-on APCD whose first installation was before January 1, 2012; and

(4) Eighty percent (80%) overall control for a press that was first installed on or after March 14, 1995, and that is controlled by an add-on APCD whose first installation was on or after January 1, 2012; and

Gravure, twelve percent (12%), except for any individual rotogravure package printing press with the theoretical potential to emit from the dryer before controls of at least twenty-five tons per year (25 tpy) of VOC (petroleum ink oil) from inks, coatings, and adhesives combined, which are subject to the following:

(1) Sixty-five percent (65%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add-on APCD whose first installation was before January 1, 2012;

710.6 For § 710.5(d)(1)-(4) and (e)(1)-(4), calculation of the source’s theoretical potential to emit shall be pursuant to § 715.1.

710.7 As an alternative to § 710.5(d)(1)-(4) and (e)(1)-(4), the following equivalent VOC content limits can be met:

Eight tenths of a kilogram (0.8 kg) VOC/kilogram (kg) solids applied; or

Sixteen tenths of a kilogram (0.16 kg) VOC/kilogram (kg) materials applied.

710.8 The VOC content of wiping solution shall not exceed the following percentages after December 31, 1987:

Heatset intaglio, one percent (1%); and

Non-heatset cylinder-wipe intaglio, one percent (1%).

710.9 For § 710.5 through 710.8:

The percentage VOC content is by weight and applies to the inks and solutions as contained in the storage wells (fountains) of the printing unit, and does not include water;

The percentage VOC content shall be determined in accordance with Procedure B of test method ASTM D-2369-81; where, in lieu of testing the formulated inks and solutions, the individual components of the formulations may be tested and the VOC content of the formulations may be calculated there from; and

The percentage water content shall be determined in accordance with test method ASTM D-3792-79.

710.10 Ink usage in connection with all forms of intaglio printing shall be minimized to the extent feasible by routing the inking cylinders or other techniques.

710.11 Alternate VOC emission reduction systems may be used to attain compliance with § 710.5 through 710.8 in place of the specific requirements stated in those sections provided that:

(a) The alternate VOC reduction system(s) is demonstrated to have at least equivalent results in limiting emissions of VOCs as would the application of the requirements of those sections; and

(b) The alternate system(s) shall be approved by the Department.

710.12 All containers holding or conveying VOC-containing materials shall be open only when necessary and openings shall be restricted to the extent feasible.

710.13 The leaking of any solvent or solvent-containing materials from any printing unit or associated equipment shall be prohibited.

710.14 The storage or disposal of any solvent or solvent-containing material, including waste material, in a manner that will cause or allow its evaporation into the atmosphere shall be prohibited.

710.15 To the greatest extent feasible, persons operating printing units and associated equipment shall minimize their use of VOC-containing materials by restricting wasteful usage and by replacing the material with emulsions or other materials.

710.16 For establishments to which § 710.5 through 710.8 apply, but within which one (1) or more printing units is demonstrated to be unable to comply or cannot feasibly comply, any person owning or operating the establishment may bring it into compliance by reducing VOC emissions from other printing units within the establishment as follows:

(a) In a ratio of five (5) units of reduced emissions for each one (1) unit of excess emissions for operations during the months of April, May, June, July, August, and September;

(b) In a ratio of one (1) unit of reduced emissions for each one (1) unit of excess emissions for operations during the months of October, November, December, January, February and March; and

(1) The owner or operator demonstrates to the Department that the reduction ratio is met by the proposed trade;

(2) The Department approves the proposed trade; and

(3) The proposed trade is legally enforceable against the owner and operator of the establishment.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 710, 32 DCR 565, 640 (February 1. 1985), as amended by Final Rulemaking published at 36 DCR 2554, 2555 (April 14, 1989); as amended by 58 DCR 11286, 11289 (December 30, 2011).

20 DCMR § 711 PUMPS AND COMPRESSORS

711.1 Any pump and compressor handling volatile organic compounds shall have mechanical seals or other equivalent equipment approved by the Mayor.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 711, 32 DCR 565, 642 (February 1, 1985).

20 DCMR § 712 WASTE GAS DISPOSAL FROM ETHYLENE PRODUCING PLANT

712.1 The emission of a waste gas steam from an ethylene producing plant, or source utilizing ethylene as a raw material, into the atmosphere in excess of twenty (20) pounds per twenty-four (24) hour period shall be prohibited, unless the waste gas stream is properly burned at one thousand three hundred degrees Fahrenheit (1,300° F.) for three tenths (0.3) of a second or longer in a direct-flame after burner, or is removed by a method of comparable efficiency approved by the Mayor.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 712, 32 DCR 565, 642 (February 1, 1985).

20 DCMR § 713 WASTE GAS DISPOSAL FROM VAPOR BLOW-DOWN SYSTEM

713.1 The emission of hydrocarbon gases into the atmosphere from a vapor blow-down system is prohibited unless these gases are burned by smokeless flares, or an equally effective control device approved by the Mayor. This section shall not apply to accidental or emergency emissions of hydrocarbons needed for safe operation of equipment and processes.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 713, 32 DCR 565, 643 (February 1, 1985).

20 DCMR § 714 CONTROL TECHNIQUES GUIDELINES (CTGs)

714.1 Any person who owns, operates, or leases any combination of articles, machines, units, equipment, or other contrivances at a facility whose actual VOC emissions before control devices from all units within any one (1) Control Techniques Guidelines (CTGs) category specified in § 714.3 are:

(a) More than fifteen pounds (15 lbs) in any one (1) day, or more than three pounds (3 lbs) in any one (1) hour, shall be subject to the provisions of this section through §714.8(a) and shall reduce the uncontrolled VOC emissions by at least ninety percent (90%) overall capture and control efficiency; or

(b) Less than fifteen pounds (15 lbs) in any one (1) day, and less than three pounds (3 lb.) in any one (1) hour, shall be subject to § 714.8(b).

714.2 Any facility that becomes or is currently subject to the provisions of this section by exceeding the applicability threshold in § 714.1(a) will remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability threshold.

714.3 The following source categories covered by a CTG issued by the EPA in the Federal Register in a final rule or in a notice of final determination and availability of a final CTG are subject to this section:

Miscellaneous Metal Product and Plastic Parts Surface Coatings, where, for the purposes of this section, a source performs surface coating of miscellaneous metal and plastic parts at a manufacturing facility or on a contract basis, except:

(1) VOC emissions addressed by § 718 (Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations), to the extent the coatings are used to repair and refinish mobile equipment components; and

(2) VOC emissions addressed by §§ 773 to 778 (AIM), to the extent the coatings are used on buildings or structures for architectural and industrial maintenance purposes;

Large Appliance Coatings, where, for the purposes of this section, a source uses paints, topcoats, basecoats, sealants, caulks, inks, primers, enamels, adhesives, maskants, and other such materials in the manufacture of large appliance parts or products at a large appliance coatings facility; and

Metal Furniture Coatings, where, for the purposes of this section, a source applies coatings to metal furniture surface coating units at a metal furniture manufacturing facility.

714.4 Any person to whom § 714.3 applies may, by notifying the Department of their request with the application for a permit, propose the following:

An acceptable RACT emission limit, as recommended in the applicable CTG document; or

Use of low-VOC materials with add-on controls that will reduce emissions, as recommended in the applicable CTG document.

714.5 If a person makes a request under § 714.4, the Department will:

Approve, deny, or modify each request for an alternative to § 714.1(a) as RACT, and approve a request only if it meets the recommendation in the applicable CTG; and

Incorporate each approved RACT determination in a permit and submit the RACT determination to the EPA for approval as a SIP revision.

714.6 As an alternative to § 714.4, any person to whom § 714.3 applies may propose RACT based on a source-specific RACT analysis, in accordance with § 715.5 through 715.7.

714.7 No person subject to § 714.1(a) shall use, handle, store, or dispose of VOC- containing materials, coatings, paints, topcoats, basecoats, sealants, caulks, inks, primers, enamels, adhesives, maskants, solvents, industrial cleaning solvents, and waste materials unless the person:

(a) Stores all VOC-containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives, and waste materials in closed containers except when depositing or removing these materials;

(b) Minimizes spills of VOC-containing materials;

(d) Conveys any VOC-containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives, and waste materials in closed containers or pipes;

(e) Closes mixed vessels, which contain VOC-containing materials, coatings, solvents, industrial cleaning solvents, inks, and adhesives except when they are specifically in use;

(f) Minimizes emissions of VOCs during cleaning of storage, mixing, conveying, and other equipment; and

(g) Stores cloth and paper, or other absorbent applicators, moistened with coatings, solvents, or cleaning solvents in closed, nonabsorbent, non-leaking containers.

714.8 Any person who owns, operates, or leases any combination of articles, machines, units, equipment, or other contrivances at a facility:

(a) Subject to § 714.1(a) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall provide sufficient data and calculations to demonstrate clearly that the emission limitations or control requirements are met;

(2) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least two (2) years from when they were originated and shall be made available to the Department on request; or

(b) Subject to § 714.1(b) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability threshold.

History

SOURCE: Section 2 of the Gasoline Reid Vapor Pressure Requirements Act of 1990, effective March 8, 1991 (D.C. Law 8-238; 38 DCR 331 (January 11, 1991)); as amended by Final Rulemaking published at 58 DCR 11286, 11293 (December 30, 2011); as amended by Final Rulemaking published at 63 DCR 15095 (December 9, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 714

20 DCMR § 715 MAJOR SOURCE AND CASE-BY-CASE REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

Calculation of source emissions of VOCs to determine applicability of a regulation of this section shall be based on the following:

(a) The theoretical potential to emit (design capacity or maximum production and maximum potential operating hours) before add-on controls; and

(b) The sum of all emissions from individual emission sources within the same control techniques guideline (CTG) category, except for petroleum/gasoline marketing, in which emissions from storage tanks, terminals, and loading racks within the same plant or site shall be summed.

Major Source and Case-by-Case Reasonably Available Control Technology (RACT) shall be applied if the theoretical potential plant-wide emissions are, or have ever been, greater than or equal to twenty-five tons per year (25 tpy).

715.3 For sources for which there is no control technique guideline (CTG), the requirements of this section shall apply in addition to the following:

Theoretical potential emissions from all processes within a plant shall be summed to determine applicability of RACT;

RACT shall be evaluated for all processes in the plant if theoretical potential emissions as determined by this section are greater than or equal to twenty-five tons per year (25 tpy); and

RACT is not applicable if physical or operational limitations on the capacity of the source to emit are federally enforceable.

715.4 Any person to which § 715.1 through 715.3 applies shall propose RACT based on a source-specific RACT analysis, in accordance with § 715.5 through 715.7.

715.5 To propose source-specific RACT, any person shall:

Notify the Department of their request for a source-specific RACT determination with the application for a permit;

Provide associated monitoring, testing, certification, recordkeeping, and reporting procedures in accordance with 20 DCMR chapter 5;

Provide a schedule for achieving compliance with the proposed RACT as expeditiously as practicable; and

Submit the proposed RACT to the Department for approval.

715.6 Any person who prepares and submits a source-specific RACT analysis shall include and provide the Department:

(a) A ranking of the available control options for the affected source in descending order of control effectiveness;

(b) An evaluation of the technical feasibility of the available control options identified in § 715.6(a) based on physical, chemical, and engineering principles, where a determination of technical infeasibility shall identify technical difficulties which would preclude the successful use of the control option on the affected source;

(c) A ranking list of the technically feasible control options in order of overall control effectiveness for VOC emissions that presents the array of control options and shall include, at a minimum, the following information:

(1) The baseline emissions of VOCs before implementation of each control option;

(2) The estimated emission reduction potential or the estimated control efficiency of each control option;

(3) The estimated emissions after the application of each control option; and

(4) The economic impacts of each control option, including both overall cost effectiveness and incremental cost effectiveness;

(d) An evaluation of cost effectiveness of each control option consistent with the “OAQPS Control Cost Manual” (Sixth Edition), EPA/452/B-02-001, January 2002, and subsequent revisions, conducted in accordance with the following requirements:

(1) The cost effectiveness shall be evaluated in terms of dollars per ton of VOC emissions reduction;

(2) The cost effectiveness shall be calculated on average and incremental bases for each option, with average cost effectiveness calculated as the annualized cost of the control option divided by the baseline emissions rate minus the control option emission rate, as shown by the following formula:

Average cost effectiveness ($/ton removed) =

Control option total annualized cost ($/yr) / [Baseline emission rate – Control option rate (tons/yr)]

(3) For purposes of this paragraph, baseline emission rate represents the maximum emissions before the implementation of the control option, and the baseline emissions rate shall be established using either test results or approved emission factors and historic operating data;

(4) For purposes of this paragraph, the incremental cost effectiveness calculation compares the costs and emission level of a control option to those of the next most stringent option, as shown by the following formula:

Incremental Cost (dollars) per incremental ton removed = [Control option total annualized cost ($/yr) – Total annualized cost of next most stringent control option ($/yr)] / [Next most stringent control option emission rate (ton/yr) – control option emission rate (ton/yr)];

A recommendation of a RACT emission limitation, equipment standard, or control technology for each affected emission source or unit; and

Additional information requested by the Department that is necessary for the evaluation of the RACT proposal.

715.7 The Department will:

(a) Approve, deny, or modify each RACT proposal and will approve each source-specific RACT determination; and

(b) Incorporate each approved RACT determination in a permit and submit the RACT determination to the EPA for approval as a revision to the SIP.

History

SOURCE: Section 3 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, D.C. Law 10-24, 40 DCR 5474, 5487 (July 30, 1993); as Final Rulemaking published at 51 DCR 3877 (April 16, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11295 (December 30, 2011).

20 DCMR § 716 OFFSET LITHOGRAPHY AND LETTERPRESS PRINTING

716.1 Any person who owns, operates, or leases:

(a) An offset lithography printing operation that is part of any stationary source which emits, or has ever had the theoretical potential to emit, twenty-five (25) or more tons per year of VOCs shall be prohibited from operating the printing operation unless it is in compliance with the requirements of this section, where calculation of the stationary source’s theoretical potential to emit shall be pursuant to § 715.1;

(b) After January 1, 2012, any offset lithography or letterpress printing operation which emits VOCs at a rate equal to or greater than fifteen pounds per day (15 lb/day) actual emissions of VOC on a monthly average basis before consideration of controls shall comply with the requirements of this section through § 716.25(a); and

(c) After January 1, 2012, any offset lithography or letterpress printing operation which emits VOCs at a rate less than fifteen pounds per day (15 lb./day) actual emissions of VOC on a monthly average basis before consideration of controls, shall comply with § 716.25(b).

716.2 Any printing operation or press that becomes or is currently subject to the provisions of this section by exceeding the applicability threshold in § 716.1(a), 716.1(b), and 716.16 shall remain subject to these provisions even if its throughput or emissions or its theoretical potential to emit has fallen or later falls below the applicability threshold.

716.3 If part or all of any offset lithography or letterpress printing operation involving VOC emissions is not specifically controlled by the requirements of this section, then the VOC-related emission operation or part of the operation shall be governed by the other requirements of this subtitle on air quality.

716.4 This section applies only to the emissions of VOCs; all provisions of this subtitle on air quality other than those restricting the emissions of VOCs apply to the operations regulated by this section.

716.5 Prior to January 1, 2012, no person who owns, operates, or leases an offset lithography printing operation in existence as of December 31, 1985, shall utilize fountain solution in conjunction with printing units with a VOC content in excess of the following limits:

(a) For non-heatset or coldset web printing, twenty percent (20%); and

(b) For heatset web printing, fifteen percent (15%).

716.6 After January 1, 2012, no person who owns, operates, or leases an offset lithography printing operation shall utilize fountain solution in conjunction with printing units in excess of the following limits:

(a) For non-heatset or coldset web printing, five percent (5%) alcohol substitute (by weight) on-press (as-applied) and no alcohol in the fountain solution as determined by EPA Method 24;

(b) For heatset web printing, one and six tenths percent (1.6%) alcohol (by weight) in the fountain or, to achieve an equivalent level of control, any one of the following shall occur:

Reduce the on-press (as-applied) alcohol content to one and six tenths percent (1.6%) alcohol or less (by weight);

Use three percent (3%) alcohol or less (by weight) on-press (as-applied) in the fountain solution, provided the solution is refrigerated to less than sixty degrees Fahrenheit (60° F) or sixteen degrees Celsius (16º C); or

Use an alcohol substitute so that the on-press (as-applied) VOC content is five percent (5%) or less (by weight) as determined by EPA Method 24 and no alcohol is in the fountain solution; or

(c) For sheet-fed printing, five percent (5%) alcohol (by weight) in the fountain or, to achieve an equivalent level of control, any one of the following shall occur:

Reduce the on-press (as-applied) alcohol content to five percent (5%) alcohol or less (by weight);

Use eight and a half percent (8.5%) alcohol or less (by weight) on-press (as-applied) in the fountain solution, provided the solution is refrigerated to less than sixty degrees Fahrenheit (60° F) or sixteen degrees Celsius (16º C); or

Use an alcohol substitute so that the on-press (as-applied) VOC content is five percent (5%) or less (by weight) as determined by EPA Method 24 and no alcohol is in the fountain solution.

716.7 Subsection 716.6 does not apply to:

Sheet-fed presses with maximum size of eleven by seventeen inches (11x17 in.) or smaller; and

Any press with total fountain solution reservoir of less than one gallon (1 gal.).

716.8 No person who owns, operates, or leases a printing operation shall utilize cleaning solutions containing VOCs in conjunction with printing units in excess of:

(a) After May 1, 1999, for any offset lithography printing operation which emits, or has the theoretical potential to emit, twenty-five (25) or more tons per year of VOCs:

Ten millimeters of mercury (10 mm. Hg) at twenty degrees

Celsius (20° C) or sixty-eight degrees Fahrenheit (68º F) of VOC composite partial pressure calculated as follows:

where:

Ppc = VOC composite partial pressure at twenty degrees Celsius (20°C) or sixty-eight degrees Fahrenheit (68º F), in mm Hg;

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM E 260-91;

Ww = Weight of water, in grams as determined by ASTM D 3792-86;

We = Weight of the "i"th exempt compound, in grams, as determined by ASTM E 260-91;

Mwi = Molecular weight of the "i"th VOC compound, in grams per g-mole, as given in chemical reference literature;

Mww = Molecular weight of water, eighteen grams (18 g.) per g- mole;

Mwe = Molecular weight of the "i"th exempt compound, in grams per g-mole, as given in chemical reference literature; and

Vpi = Vapor pressure of the "i"th VOC compound at twenty degrees Celsius (20º C) or sixty-eight degrees Fahrenheit (68º F), in mm. Hg, as determined by § 747.6; and

(b) One of the following limits after January 1, 2012, for any offset lithography or letterpress printing operation where the emissions associated with all aspects of that operation equal or exceed fifteen pounds (15 lbs) actual emissions of VOC on a monthly average basis before consideration of controls:

(1) Seventy percent (70%) of VOCs (by weight); or

(2) Ten millimeters of mercury (10 mm. Hg) at twenty degrees Celsius (20° C or 68º F) of VOC composite partial pressure calculated using the formula in §716.8(a).

716.9 Cleaning solutions and shop towels used for cleaning shall be kept in closed containers.

716.10 Subsection 716.8(b) does not apply to:

(a) Up to one hundred and ten gallons (110 gal.) per year of cleaning solutions which meet neither § 716.8(b)(1) or (2); and

(b) Cleaners used on electronic components of a press, pre-press cleaning operations (for example, platemaking), post-press cleaning operations (for example, binding), cleaning supplies (for example, detergents) used to clean the floor (other than dried ink) in the area around a press, or cleaning performed in parts washers or cold cleaners.

716.11 Prior to January 1, 2012, no person who owns, operates, or leases the following printing operations in existence as of December 31, 1985, shall utilize inks in conjunction with printing units if the VOC content of ink is in excess of the following percentages:

Heatset offset lithography, forty percent (40%);

Non-heatset offset lithography, thirty-five percent (35%);

Letterset, forty percent (40%); and

Letterpress, thirty percent (30%).

716.12 For § 716.5 and 716.11:

(a) The percentage VOC content is by weight and applies to the inks and solutions as contained in the storage wells (fountains) of the printing unit, and does not include water;

(b) The percentage VOC content shall be determined in accordance with Procedure B of test method ASTM D-2369-81; where, in lieu of testing the formulated inks and solutions, the individual components of the formulations may be tested and the VOC content of the formulations may be calculated there from; and

716.13 For establishments to which § 716.5 and 716.11 apply, but within which one (1) or more printing units is demonstrated to be unable to comply or cannot feasibly comply, any person owning or operating the establishment may bring it into compliance by reducing VOC emissions from other printing units within the establishment as follows:

(a) In a ratio of five (5) units of reduced emissions for each one (1) unit of excess emissions for operations during the months of April, May, June, July, August, and September;

(b) In a ratio of one (1) unit of reduced emissions for each one (1) unit of excess emissions for operations during the months of October, November, December, January, February, and March; and

(1) The owner or operator demonstrates to the Department that the reduction ratio is met by the proposed trade;

(2) The Department approves the proposed trade; and

(3) The proposed trade is legally enforceable against the owner and operator of the establishment.

716.14 Prior to January 1, 2012, no person who owns, operates, or leases a heatset web offset lithography printing operation or heatset web letterpress printing operation in existence as of December 31, 1985, shall utilize dryers unless the VOC emissions are reduced by ninety percent (90%) (by weight) overall through the use of a control device, except in the case of printing units using water-based solvents in the ink used on them.

716.15 Alternative VOC emission reduction systems may be used to attain compliance with § 716.5, 716.11, and 716.14 in place of the specific requirements stated in those sections provided that:

(a) The alternative VOC reduction system(s) is demonstrated to have at least equivalent results in limiting emissions of VOCs as would the application of the requirements of those sections; and

(b) The alternate system(s) shall be approved by the Department.

716.16 No person who owns, operates, or leases an individual heatset web offset lithography printing operation or heatset web letterpress printing operation with a theoretical potential to emit from the dryer of more than twenty-five tons per year (25 tpy) of VOC (petroleum ink oil) before controls shall utilize dryers or inks unless the VOC emissions are reduced by:

(a) Ninety percent (90%) (by weight) overall through the use of a control device whose first installation date was before January 1, 2012;

(b) Ninety-five percent (95%) overall control efficiency for newly installed equipment or for a control device whose first installation date was on or after January 1, 2012; or

(c) If the inlet VOC concentration is so low so that § 716.16(a) or (b) is not achievable, reduce the control device outlet concentration to no greater than twenty parts per million by volume (20 ppmv) as hexane on a dry basis, whichever is less stringent.

716.17 Adding diluent air to the exhaust gas stream for the purpose of complying with § 716.16(a) or (c) shall be prohibited.

716.18 To avoid the applicability of the limits in §716.16(b), the Department may grant a person a federally enforceable limitation on the theoretical potential to emit for any heatset web offset lithography or heatset web letterpress printing operation if the following conditions are met:

(a) The Department shall assume that twenty percent (20%) of the VOC in the inks and coatings remains in the paper web, and the volume of inks and coatings used in any heatset web offset lithography or heatset web letterpress printing operation contains less than thirty-one and one quarter tons per year (31.25 tpy) VOC (petroleum ink oil);

(b) The person applies for the enforceable limitation on the theoretical potential to emit with a permit application; and

(c) The Department shall review and approve each proposal in a permit and submit the permit to the EPA for approval as a revision to the SIP.

716.19 Subsection 716.16 does not apply to:

Heatset offset lithographic and letterpress presses used for book printing;

Heatset offset lithographic and letterpress presses with maximum web width of twenty-two inches (22 in.) or less; or

Sheet-fed or coldset web inks, sheet-fed or coldset web varnishes, waterborne coatings, or radiation (ultra-violet light or electronic beam) cured materials used on offset lithographic or letterpress presses.

716.20 Any person to which § 716.16 applies shall install, calibrate, maintain, and operate a temperature monitoring device, according to the manufacturer's instructions, at the outlet of the control device, where:

The monitoring temperature shall be set during the testing required to demonstrate compliance with the applicable emission standard;

Monitoring shall be performed only when the unit is operational;

The temperature monitoring device shall be equipped with a continuous recorder, with recordings taken at a minimum of every fifteen (15) minutes, and shall have an accuracy of five tenths of a degree Fahrenheit (0.5° F) or negative seventeen and one half degrees Celsius (-17.5º C);

The dryer pressure shall be maintained lower than the press room air pressure such that air flows into the dryer at all times when the printing unit is operating; and

(e) One hundred percent (100%) emissions capture efficiency for the dryer shall be demonstrated using an air flow direction measuring device, pursuant to a periodic monitoring strategy approved by the Department.

716.21 Each person who owns, operates, or leases an offset lithography or letterpress printing operation shall assure that all containers holding VOC-containing materials shall be open only when necessary and openings shall be restricted to the extent feasible.

716.22 No person who owns, operates, or leases an offset lithography or letterpress printing operation shall allow the leaking of any VOC or VOC-containing material from any printing unit or associated equipment.

716.23 No person who owns, operates, or leases an offset lithography or letterpress printing operation shall allow the storage or disposal of any VOC or VOC-containing material, including waste material, in a manner that will cause or allow its evaporation into the atmosphere.

716.24 To the greatest extent feasible, persons operating an offset lithography or letterpress printing units and associated equipment shall minimize their use of VOC-containing materials by restricting wasteful usage and by replacing materials with emulsions or other materials.

716.25 Any person who owns, operates, or leases any press:

(a) Subject to § 716.1(b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall provide sufficient data and calculations to demonstrate clearly that the emission limitations or control requirements are met;

(2) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least three (3) years from when they were originated and shall be made available to the Department on request; or

(b) Subject to § 716.1(c) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability threshold, or that material use is beneath a threshold that meets the compliance requirements.

History

SOURCE: as amended by final rulemaking published at 45 DCR 7037 (October 2, 1988); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11298 (December 30, 2011).

20 DCMR § 717 SOIL AND GROUNDWATER REMEDIATION

717.1 Any soil and groundwater remediation system is prohibited unless it operates in compliance with the requirements of this section.

717.2 For proposed soil and groundwater remediation systems or for any person who operates such a system, if total emissions are:

Less than one pound (1 lb.) per day before application of any controls, no permit shall be required under 20 DCMR chapter 2; or

Greater than one pound (1 lb.) per day before application of any controls, remediation activities shall comply with any applicable requirements specified in chapter 2 and emissions shall be controlled by at least ninety-five percent (95%).

717.3 If the Department determines that additional controls are necessary to protect public health or the environment, then such additional controls shall be specified in a chapter 2 permit.

History

SOURCE: Final Rulemaking published at 47 DCR 9691(December 8, 2000); as Emergency Rulemaking 47 DCR 8643(October 27, 2000)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 11286, 306 (December 30, 2011).

20 DCMR § 718 MOTOR VEHICLE AND MOBILE EQUIPMENT NON-ASSEMBLY LINE COATING OPERATIONS

718.1 This section applies to any person or automotive refinishing facility that sells, supplies, offers for sale, distributes, manufactures, blends, or repackages for sale an automotive coating or associated cleaning solvent for use within the District of Columbia, as well as any person or automotive refinishing facility that uses, applies, or solicits the use or application of an automotive coating or associated cleaning solvent within the District, except as provided in § 718.2.

718.2 This section does not apply to:

(a) An automotive coating or associated cleaning solvent that is offered for sale, supplied, sold, distributed, blended, repackaged for sale, or manufactured for use outside of the District, except for § 718.26 (relating to recordkeeping);

(b) An automotive coating or associated cleaning solvent that is shipped to other manufacturers for reformulation or repackaging;

(d) An automotive coating that is sold, supplied, or offered for sale in one half (0.5) fluid ounce or smaller containers intended to be used by the general public for automotive touch-up or repair for small surface imperfections;

(e) A coating applied to motor vehicles or mobile equipment or their associated parts and components during original equipment manufacture on an assembly line;

(f) An automotive coating applied to motor vehicles or mobile equipment or their associated parts and components in a non-commercial automotive refinishing facility by a person who does not receive compensation for the application of the coating; or

(g) A locally prepared mix of solvent and some amount of film forming solids solely used to blend in spot repairs made to a discrete body panel, except that the application of cleaning solvent to a spot repair is not exempted.

718.3 Unless the automotive coating has a VOC regulatory content calculated in accordance with § 718.6(a) that meets or is below the VOC content limits of Table I, a person may not supply, sell, offer for sale, distribute, manufacture, blend, or repackage for sale an automotive coating for use in the District, nor may a person use or apply an automotive coating to a motor vehicle, mobile equipment, or associated parts and components.

Table I. Allowable VOC Content in Automotive Coatings for Motor Vehicle and Mobile Equipment Non-Assembly Line Refinishing and Recoating

Coating Category

VOC Regulatory Limit As Applied*

Limit*

(Pounds per gallon)

(Grams per liter)

Adhesion promoter

4.5

540

Automotive pretreatment coating

5.5

660

Automotive primer

2.1

250

Clear coating

2.1

250

Color coating, including metallic/iridescent color coating

3.5

420

Multicolor coating

5.7

680

Other automotive coating type

2.1

250

Single-stage coating, including single-stage metallic/iridescent coating

2.8

340

Temporary protective coating

0.50

Truck bed liner coating

1.7

200

Underbody coating

3.6

430

Uniform finish coating

4.5

540

*VOC regulatory limit as applied = Weight of VOC per Volume of Coating (prepared to manufacturer’s recommended maximum VOC content, minus water and non-VOC solvents)

718.4 Each cleaning solvent present at an automotive refinishing facility or non-assembly line automotive coating operation shall not exceed a VOC content of twenty-five (25) grams per liter (twenty-one one-hundredths (0.21) pound per gallon), calculated in accordance with the requirements of § 718.6(c), except for:

(a) Cleaning solvent used as bug and tar remover if the VOC content of the cleaning solvent does not exceed three hundred fifty (350) grams per liter (two and nine-tenths (2.9) pounds per gallon), where usage of cleaning solvent used as bug and tar remover is limited as follows:

(1) Twenty (20) gallons in any consecutive twelve-month (12) period for an automotive refinishing facility and operations with four hundred (400) gallons or more of coating usage during the preceding twelve (12) calendar months;

(2) Fifteen (15) gallons in any consecutive twelve-month (12) period for an automotive refinishing facility and operations with one hundred fifty (150) gallons or more of coating usage during the preceding twelve (12) calendar months; or

(3) Ten (10) gallons in any consecutive twelve-month (12) period for an automotive refinishing facility and operations with less than one hundred fifty (150) gallons of coating usage during the preceding twelve (12) calendar months;

(b) Cleaning solvents used to clean plastic parts just prior to coating or VOC-containing materials for the removal of wax and grease provided that non-aerosol, hand-held spray bottles are used with a maximum cleaning solvent VOC content of seven hundred eighty (780) grams per liter and the total volume of the cleaning solvent does not exceed twenty (20) gallons per consecutive twelve-month (12) period per automotive refinishing facility;

(c) Aerosol cleaning solvents if one hundred sixty (160) ounces or less are used per day per automotive refinishing facility; or

(d) Cleaning solvent with a VOC content no greater than three hundred fifty (350) grams per liter may be used at a volume equal to two-and-one-half percent (2.5%) of the preceding calendar year’s annual coating usage up to a maximum of fifteen (15) gallons per calendar year of cleaning solvent.

718.5 An automotive refinishing facility in operation as of February 9, 2016, may, for three (3) calendar months after December 1, 2016:

(a) As an alternative to § 718.3, use an automotive coating with a VOC regulatory content calculated in accordance with § 718.6(a) that contains VOCs at or below the limits specified in Table II; and

Table II. Alternative Allowable Content of VOCs in Automotive Coatings for Motor Vehicle and Mobile Equipment Non-Assembly Line Refinishing and Recoating

Coating Category

VOC Regulatory Limit As Applied*

Limit*

(Pounds per gallon)

(Grams per liter)

Automotive pretreatment primer

6.5

780

Automotive primer-surfacer

4.8

575

Automotive primer-sealer

4.6

550

Single stage-topcoat

5.0

600

2 stage basecoat/clearcoat

5.0

600

3 or 4-stage basecoat/clearcoat

5.2

625

Automotive multicolored topcoat

5.7

680

Automotive specialty coating

7.0

840

*VOC regulatory limit as applied = Weight of VOC per Volume of Coating (prepared to manufacturer’s recommended maximum VOC content, minus water and non-VOC solvents)

(b) As an alternative to § 718.4, use the cleaning solvents already purchased and in use at the automotive refinishing facility as of February 9, 2016.

718.6 The VOC content of an automotive coating, automotive coating component, or cleaning solvent subject to this section shall be calculated in accordance with the following, where:

VOC = VOC content in grams per liter

Wv = Weight of total volatiles, in grams;

Ww = Weight of water, in grams;

Wec = Weight of exempt compounds, in grams;

Vm = Volume of material (coating or cleaning solvent, as applicable, including water, exempt compounds, and added solvent), in liters;

Vw = Volume of water, in liters; and

Vec = Volume of exempt compounds, in liters; and

To convert from grams per liter to pounds per gallonmultiply the result (VOC regulatory content) by 8.345 × 10-3 (pounds per gallon/grams per liter).

(a) For VOC regulatory content for coatings, the weight of VOC per volume of coating, less water and exempt compounds, shall be calculated by the following equation:

VOC regulatory content

(Wv - Ww - Wec )

(Vm - Vw - Vec)

(b) For VOC actual content for coatings, the weight of VOC per volume of material, including the volume of water, exempt compounds and VOC solvent, shall be calculated by the following equation:

VOC actual content

(Wv - Ww - Wec )

(c) For VOC content for cleaning solvents, the weight of VOC per volume of material shall be calculated by the following equation:

VOC content

(Wv - Ww - Wec )

718.7 To determine the physical properties of a coating to perform the calculations in § 718.6, the coating shall be analyzed in accordance with the methods specified in § 718.28 (relating to coating analysis).

718.8 If on the container of an automotive coating, or a label or sticker affixed to the container, or in sales, advertising, technical, or product literature, a representation is made that indicates that the coating meets the definition of or is recommended for use for more than one (1) of the coating categories listed in § 718.3 (relating to coating VOC content limits), then the lowest applicable VOC content limit shall apply.

718.9 A person may not possess either of the following at a non-assembly line motor vehicle or mobile equipment coating operation:

(a) An automotive coating that is not in compliance with § 718.3 (relating to coating VOC content limits); and

(b) A cleaning solvent that does not meet the requirements of § 718.4 (relating to cleaning solvent VOC content limits).

718.10 A person may not solicit or require the use of, or specify the application or use of, a coating, solvent, or cleaning solvent on a motor vehicle or motor equipment, or associated parts and components, if the use or application results in a violation of this section.

718.11 A person may not apply an automotive coating to a motor vehicle, mobile equipment, or associated parts and components, unless one (1) or more of the following application methods is used:

(a) Flow/curtain coating;

(b) Dip coating;

(d) Brush coating;

(e) Cotton-tipped swab application;

(f) Spray-applied coatings limited to:

(1) High-volume low-pressure (HVLP) spraying;

(2) Electrostatic application;

(3) Airless spray; and

(4) Air-assisted airless spray;

(g) An alternative spray equipment coating application method, which the person has demonstrated to the Department, achieving a transfer efficiency equivalent to, or higher than, HVLP or electrostatic spray application methods, using the spray equipment transfer methods under § 718.32 and 718.33. A demonstration shall include:

(1) The manufacturer’s published technical material on the design of the spray equipment;

(2) The operation of the spray equipment using an air pressure tip gauge from the manufacturer of the spray equipment;

(3) The report of the demonstration shall be submitted to the Department in writing; and

(4) The Department shall approve the use of the alternative spray equipment technology in writing; or

(h) An alternative coating application method that has been approved by the California Air Resources Board (CARB) or a California Air District for use in applying non-assembly line automotive coatings for motor vehicle and mobile equipment operations, which shall also meet the standards in § 718.14 (relating to alternative application technology or method demonstrations).

718.12 The application requirements of § 718.11 (relating to coating application methods) do not apply to the following:

(a) Graphic arts operations;

(b) A coating use of less than one (1) fluid ounce (twenty-nine and six tenths (29.6) milliliters);

(d) The application of truck bed liner coatings.

718.13 If a spray equipment coating application technology is used, the end user shall demonstrate that the equipment meets one of the following:

(a) The definition of HVLP in § 799 in design and use, where a satisfactory demonstration shall comply with (b) or be based on:

(1) The manufacturer's published technical material on the design of the equipment; and

(2) A demonstration of the operation of the equipment using an air pressure cap test gauge from the manufacturer of the equipment; or

(b) The alternative spray coating application method transfer efficiency requirement of § 718.11(g), where a satisfactory demonstration shall include the following:

(1) Written determination of the transfer efficiency in accordance with the test methods in § 718.32 and § 718.33 (relating to spray equipment transfer efficiency and spray equipment HVLP equivalency); and

(2) Written documentation that the alternative spray coating application method has been approved by the Department for use in the District.

718.14 If an alternative spray or non-spray coating application technology or method is used, pursuant to § 718.11(h), the end user shall demonstrate the following:

(a) The approval is currently in effect in the issuing California Air District; and

(b) The manufacturer of the alternative coating application technology or method has submitted to the Department all of the following:

(1) A statement that it intends to comply with this section under an alternative coating application technology or method approval;

(2) A copy of the documents submitted to the California Air Resources Board (CARB) or California Air District for approval of the alternative coating application technology or method;

(3) A copy of the approval documentation issued by CARB or California Air District;

(4) A copy of the conditions of approval issued by CARB or California Air District; and

(5) A copy of documents that subsequently modify or terminate its conditions of approval issued by CARB or California Air District.

718.15 Spray guns used to apply automotive coating components or automotive coatings shall be cleaned by one (1) or a combination of the following:

(a) A fully enclosed spray gun cleaning system that is kept closed when not in use, where the active and passive solvent losses from the use of the system shall be determined in accordance with the requirements of § 718.34 (related to active and passive solvent loss determinations for spray gun cleaning systems);

(b) An unatomized discharge of cleaning solvent into a paint waste container that is kept closed when not in use; or

718.16 The owner and operator of an automotive refinishing facility or non-assembly line coating operation shall ensure that:

(a) Fresh and used automotive coating components, automotive coatings, solvents, and cleaning solvents are stored in vapor-tight, nonabsorbent, nonleaking containers that are kept closed at all times except when filling or emptying;

(b) Cloth and paper, or other absorbent applicators, moistened with automotive coating components, automotive coatings, solvents, or cleaning solvents are stored in vapor-tight, nonabsorbent, nonleaking containers that are kept closed at all times except when filling or emptying;

(c) Handling and transfer procedures minimize spills during the transfer of automotive coating components, automotive coatings, solvents, and cleaning solvents;

(d) A person who uses or applies automotive coating components, automotive coatings, solvents, or cleaning solvents is trained in the proper use and handling of the automotive coating components, automotive coatings, solvents, cleaning solvents, and waste products in order to minimize the emission of air contaminants and to comply with this section; and

(e) Ensure that all training is in compliance with the requirements of 40 C.F.R. §§ 63.11173(e)-(g), which is adopted in § 1409.

718.17 The owner and operator of an automotive refinishing facility shall:

(a) Close all paint spray booth openings while a coating is applied, during the time period required for drying of the coating, and while any other operation may release emissions;

(b) Comply with the paint spray booth and particulate filter design requirements of 40 C.F.R. § 63.11173(e)(2), which is adopted in § 1409;

(c) Maintain a negative pressure sufficient to ensure that no emissions are exiting the booth anywhere except the exhaust stack; and

(d) Maintain in good working order and operate according to manufacturer specifications the monitoring, exhaust, and control systems within the paint spray booth.

718.18 If an automotive refinishing facility is found to be in violation of a provision of 20 DCMR Ch. 1-15, the Department may require the installation of additional emission controls or curtailment of operations until compliance is demonstrated.

718.19 The owner and operator of an automotive refinishing facility that installs or constructs an automotive paint spray booth after February 9, 2016, shall ensure that all emissions from the application of automotive coatings for motor vehicle and mobile equipment be exhausted through a stack that meets all of the following requirements:

(a) Discharges at least fifteen (15) feet above grade;

(b) Discharges at least five (5) feet above the roof peak;

(d) Discharges at a height and exhaust velocity sufficient to avoid the exhaust being circulated adjacent to the building due to building downwash effects or drawn into nearby building intakes so as to ensure compliance with §§ 201 and 903; and

(e) Not equipped with anything that would impede the upward discharge of the exhaust air, such as rain caps. Other techniques may be installed to prevent snow and ice from entering the exhaust system, such as butterfly caps or stack sleeves.

718.20 The owner and operator of an automotive refinishing facility in operation as of February 9, 2016, shall have six (6) months from that date to meet the requirements of § 718.19 (relating to exhaust stacks).

718.21 Manufacturers and repackagers of automotive coatings or associated cleaning solvents shall include the following information on a product data sheet or other data sheet:

(a) For each automotive coating or automotive coating component:

(1) The VOC actual content and VOC regulatory content, as supplied, for the coating product or coating component product, expressed in grams per liter, calculated in accordance with the requirements of § 718.6(a) and (b) (relating to calculation of VOC content);

(2) The weight percent of volatiles, water, and exempt compounds;

(3) The volume percent of water and exempt compounds; and

(4) The density of the material (in grams per liter).

(b) For each ready-to-spray or ready-to-apply mixture (based on the manufacturer’s and repackager’s stated mix ratio):

(1) The VOC actual content and the VOC regulatory content, as applied, for the coating product or coating component product, expressed in grams per liter;

(2) The weight percent of volatiles, water, and exempt compounds;

(3) The volume percent of water and exempt compounds; and

(4) The density of the material (in grams per liter).

(c) For cleaning solvents subject to this section, the VOC content of the cleaning solvents as supplied, calculated in accordance with the requirements of § 718.6(c) (relating to cleaning solvent VOC contentment calculation), expressed in grams per liter.

718.22 Manufacturers and repackagers shall include, on all containers or on a label affixed to the container of:

(a) Automotive coatings or automotive coating components:

(1) The applicable use category or categories;

(2) The VOC actual content of the coating or coating component, as supplied, calculated in accordance with the requirements of § 718.6(b) (relating to coating VOC actual content calculations) and expressed in grams per liter; and

(3) The VOC regulatory content of the coating or coating component as supplied, calculated in accordance with the requirements § 718.6(a) (related to coating VOC regulatory content calculations) and expressed in grams per liter;

(b) Cleaning solvents subject to this section: the VOC content as supplied, calculated in accordance with the requirements of § 718.6(c) (relating to cleaning solvent VOC content calculation) and expressed in grams per liter.

718.23 Any records required to be maintained by this section shall be:

(a) Retained for a minimum of five (5) years; and

(b) Made available for inspection by the Department upon request.

718.24 A person who uses automotive coatings, automotive coating components, ready-to-spray coatings (based on the manufacturer’s stated mix ratio), or cleaning solvents subject to this section shall maintain and have available at all times at the automotive refinishing facility:

(a) A list of all coatings, coating components, and cleaning solvents used at the automotive refinishing facility, including:

(1) Whether the material is a coating, coating component, or cleaning solvent;

(2) Coating, coating component, or cleaning solvent name and manufacturer;

(3) Application method;

(4) Coating type as listed in § 718.3 (relating to coating VOC content limits);

(5) The mix ratio specific to the coating or coating component; and

(6) The VOC actual content and VOC regulatory content, as applied, for each ready to spray or ready to apply coating or cleaning solvent and copies of data sheets documenting how as applied values were determined.

(b) The VOC actual and VOC regulatory content as supplied and copies of product data sheets, material safety data sheets, or other data sheets documenting the as supplied value; and

(1) The coating type (as listed in Table I);

(2) The name of the coating, coating component, or cleaning solvent; and

(3) The volume purchased of the coating, coating component, or cleaning solvent.

718.25 A person who installs an emission control system pursuant to § 718.18 shall maintain records including:

(a) Records of system operating parameters, such as temperatures, pressure drops, and air flow rates, which demonstrate compliance with § 718.18 and continuous operation and compliance of the emission control system during periods of VOC emission producing activities;

(b) Records of any maintenance and repair activities performed;

(c) Records of malfunctions and shutdown periods for the control systems, including the time period of shutdown, reason for shutdown, and corrective actions taken; and

(d) Any additional records required by a permit issued pursuant to this title.

718.26 A person claiming the exception specified in § 718.2(a) shall keep a detailed log of each automotive coating and automotive coating component manufactured, blended, repackaged for sale, supplied, sold, offered for sale, or distributed. The detailed log shall include the following information:

(a) The quantity manufactured, blended, repackaged for sale, supplied, sold, offered for sale, or distributed, including size and number of containers;

(b) The VOC actual content and the VOC regulatory content for the coating or coating component; and

(c) To whom they were supplied, sold, or distributed, or for whom they were manufactured, blended, or repackaged for sale including the name, address, and phone number.

718.27 To determine compliance with this section, the test methods in subsections § 718.28 through 718.36 shall be used.

718.28 To determine compliance with this section, the test method for coating analysis shall be as follows:

(a) To perform the calculations specified in § 718.6 (related to calculation of VOC content), the physical properties of automotive coatings, automotive coating components, and cleaning solvents subject to this section shall be determined using the most recent version of one of the following:

(1) EPA Reference Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, 40 CFR Part 60, Appendix A;

(2) SCAQMD Method 304-91, Determination of Volatile Organic Compounds (VOC) in Various Materials; or

(3) An alternative method, formulation data, or other reasonable means for predicting that the coating has been formulated as intended, if approved in writing by the Department.

(b) If there are inconsistencies between the results of an EPA Reference Method 24 test and another means for determining the physical properties of the coating and subsequent VOC content, the EPA Reference Method 24 test results shall govern, except when an alternative method is approved as specified in § 718.28(a)(3).

718.29 The identity and concentration of exempt organic compounds shall be determined using the most recent version of one (1) or more of the following:

(a) ASTM D6133, Standard Test Method for Acetone, p-Chlorobenzotrifluoride, Methyl Acetate or t-Butyl Acetate Content of Solventborne and Waterborne Paints, Coatings, Resins, and Raw Materials by Direct Injection Into a Gas Chromatograph;

(b) ASTM D4457, Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph;

(d) CARB Method 422, Determination of Volatile Organic Compounds in Emissions from Stationary Sources; or

(e) SCAQMD Method 303, Determination of Exempt Compounds.

718.30 Measurement of acid content in automotive pretreatment coating, as specified in § 799 (defining automotive pretreatment coatings), shall be determined by using the most recent version of ASTM D1613, Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products.

718.31 The metallic content of a metallic or iridescent color coating, as specified in § 799 (defining metallic/iridescent color coating), shall be determined by the most recent version of SCAQMD Method 318, Determination of Weight Percent Elemental Metal in Coatings by X-ray.

718.32 Spray equipment transfer efficiency, as specified in § 799 and § 718.11(g) (defining and relating to coating application methods, respectively), shall be determined by using the most recent version of the SCAQMD Test Procedure, Spray Equipment Transfer Efficiency Test Procedure for Equipment User.

718.33 Spray equipment HVLP equivalency, as specified in § 718.13 (relating to the use of a spray gun), shall be determined by using the most recent version of one of the following:

(a) SCAQMD Guidelines, Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns; or

(b) The Environmental Technology Verification ETV Protocol, HVLP Coating Equipment, Generic Testing and Quality Assurance Protocol, prepared by the National Defense Center for Environmental Excellence, operated by Concurrent Technologies Corporation.

718.34 The active and passive solvent losses from the use of an enclosed spray gun cleaning system or equivalent cleaning system, as specified in § 718.15(a) (relating to spray gun cleaning systems), shall be determined using the most recent version of SCAQMD Method, General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems.

(a) The test solvent for this determination shall be a lacquer thinner with a minimum vapor pressure of one hundred five millimeters (105 mm) of mercury at twenty degrees Celsius (20oC); and

(b) The minimum test temperature shall be fifteen degrees Celsius (15oC).

718.35 If an emission control system is required by § 718.18, the owner or operator shall make the following determinations, if required by the Department:

(a) The measurement of capture efficiency shall be conducted and reported in accordance with one or both of the following, as applicable:

(1) EPA Technical Document, Guidelines for Determining Capture Efficiency; or

(2) 40 C.F.R. Part 51, Appendix M, Methods 204 –204f; and

(b) The control efficiency shall be determined in accordance with the most recent version of one or more of the following:

(1) EPA Reference Method 25, Determination of Total Gaseous Nonmethane Organic Emissions as Carbon, 40 C.F.R. Part 60, Appendix A;

(2) EPA Reference Method 25A, Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer, 40 C.F.R. Part 60, Appendix A; or

(3) EPA Reference Method 25B, Determination of Total Gaseous Organic Concentration Using a Nondispersive Infrared Analyzer, 40 C.F.R. Part 60, Appendix A.

718.36 The use of other test methods that are determined to be equivalent or better and approved, in writing, by the Department or the Administrator may be used in place of the test methods specified in this section.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Final Rulemaking published at 63 DCR 15095 (December 9, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 718

20 DCMR § 719 CONSUMER PRODUCTS - GENERAL REQUIREMENTS

719.1 Sections 719 through 737 apply to any person who sells, supplies, offers for sale, or manufactures consumer products on or after the effective date specified in § 720 for use in the District of Columbia.

719.2 For purposes of §§ 719 through 737 and of any definitions in §799 applicable to §§ 719 through 737, the District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.

719.3 Each part of §§ 719 through 737 shall be deemed severable, and if any part is held to be invalid, the remainder shall continue in full force.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11306 (December 30, 2011).

20 DCMR § 720 CONSUMER PRODUCTS - VOC STANDARDS

720.1 Except as provided in §§ 721, 735, 736 and 737, no person shall sell, supply, offer for sale, or manufacture for sale in the District of Columbia any consumer product, manufactured on or after the effective date in the following Table of Standards, which contains VOCs in excess of the limits specified in the following Table of Standards:

Table of Standards. Percent volatile organic compounds by weight:

Product Category

Effective date 1/1/2005

Effective date 1/1/2012

Adhesive Removers:

Floor and wall Covering

Gasket or thread locking

General purpose

Specialty

Adhesives:

Aerosol mist spray

Aerosol web spray

Special Purpose Spray Adhesives:

Mounting, automotive engine

compartment, and flexible vinyl

Polystyrene foam and automotive

Headliner

Polylolefin and laminate repair /

Edgebanding

Construction, panel, and floor

Contact

Contact General Purpose

Contact Special Purpose

General purpose

Structural waterproof

Air Fresheners:

Single-phase aerosols

Double-phase aerosols

Liquids / pump sprays

Solids / semisolids

Antiperspirants:

Aerosol

40 HVOC

Aerosol

10 MVOC

Non-aerosol

0 HVOC

Non-aerosol

0 MVOC

Anti-Static Product, non-aerosol

Automotive Brake Cleaners

Automotive Rubbing or Polishing Compound

Automotive Wax, Polish, Sealant or Glaze

Hard paste waxes

Instant detailers

All other forms

Automotive Windshield Washer Fluids

Bathroom and Tile Cleaners:

Aerosols

All other forms

Bug and Tar Remover

Carburetor or Fuel-Injection Air Intake Cleaners

Carpet and Upholstery Cleaners:

Aerosols

Non-aerosols (dilutables)

0.1

Non-aerosols (ready-to-use)

3.0

Charcoal Lighter Material

see §730

Cooking Spray:

Aerosols

Deodorants:

Aerosol

0 HVOC

Aerosol

10 MVOC

Non-aerosol

0 HVOC

Non-aerosol

0 MVOC

Dusting Aids:

Aerosols

All other forms

Electrical Cleaner

Electronic Cleaner

Engine Degreasers:

Aerosol

Non-aerosol

Fabric Protectants

Fabric Refresher:

Aerosol

Non-aerosol

Floor Polishes / Waxes:

Products for flexible flooring materials

Products for non-resilient flooring

Wood floor wax

Floor Wax Strippers:

Non-Aerosol

see §731

Footwear or Leather Care Products:

Aerosol

Solid

Other forms

Furniture Maintenance Products:

Aerosols

All other forms except solid or paste

General Purpose Cleaners:

Aerosols

Non-aerosols

General Purpose Degreasers:

Aerosols

Non-aerosols

Glass Cleaners:

Aerosols

Non-aerosols

Graffiti Remover:

Aerosols

Non-aerosols

Hair Mousses

Hair Shines

Hairsprays

Hair Styling Gels

Hair Styling Products:

Aerosol and pump sprays

All other forms

Heavy-Duty Hand Cleaners or Soaps

Insecticides:

Crawling bug (aerosol)

Crawling bug (all other forms)

Flea and tick

Flying bug (aerosol)

Flying bug (all other forms)

Foggers

Lawn and garden (all other forms)

Lawn and garden (non-aerosol)

Wasp and hornet

Laundry Prewashes:

Aerosols / solids

All other forms

Laundry Starch Products

Metal Polishes / Cleansers

Multi-Purpose Lubricants (excluding solid or semi-solid products)

Nail Polish Removers

Non-Selective Terrestrial Herbicides:

Non-aerosols

Oven Cleaners:

Aerosols / pump sprays

Liquids

Paint Remover or Strippers

Penetrants

Rubber and Vinyl Protectants:

Non-aerosols

Aerosols

Sealants and Caulking Compounds

Shaving Creams

Shaving Gel

Silicone-Based Multi-Purpose Lubricants (excluding solid or semi-solid products)

Spot Removers:

Aerosols

Non-aerosols

Tire Sealants and Inflators

Toilet/Urinal Care:

Aerosols

Non-aerosol

Undercoatings:

Aerosols

Wood Cleaner:

Aerosol

Non-Aerosol

History

Note: NA = Not applicable after January 1, 2012 720.2 Notwithstanding the provisions of §§ 720.1, 727, 728, and 729, a consumer product manufactured prior to each of the effective dates specified for that product in the Table of Standards in §720.1 may be sold, supplied, or offered for sale after each of the specified effective dates. 720.3 Subsection 720.2 does not apply to any consumer product that does not display on the product container or package the date on which the product was manufactured, or a code indicating such date, in accordance with § 732.1 through 732.6.
SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11307 (December 30, 2011).

20 DCMR § 721 CONSUMER PRODUCTS - EXEMPTIONS FROM VOC STANDARDS

721.1 The following are exempt from the Table of Standards in § 720.1:

(a) Any consumer product manufactured in the District of Columbia for shipment and use outside of the District of Columbia;

(b) A consumer product that does not comply with the VOC standards specified in § 720, provided that the manufacturer or distributor who sells, supplies, or offers the product for sale in the District of Columbia meets the requirements of this section and demonstrates that:

(1) The consumer product is intended for shipment and use outside of the District of Columbia; and

(2) The manufacturer or distributor has taken reasonable precautions to ensure that the consumer product is not distributed in the District of Columbia;

(d) Fragrances up to a combined level of two percent (2%) by weight contained in any consumer product and colorants up to a combined level of two percent (2%) by weight contained in any antiperspirant or deodorant;

(e) Antiperspirants or deodorants that contain VOCs of more than ten (10) carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two millimeters of mercury (2 mm. Hg) or less at twenty degrees Celsius (20o C) or sixty-eight degrees Fahrenheit (68° F);

(f) Any low-vapor-pressure VOC (LVP-VOC) as defined in § 799;

(g) Air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under § 799, or exempted under § 721.1(f) above;

(h) Insecticides containing at least ninety-eight percent (98%) para-dichlorobenzene;

(i) Until January 1, 2012, solid air fresheners containing at least ninety-eight percent (98%) para-dichlorobenzene;

(j) Adhesives sold in containers of one (1) fluid ounce or less;

(k) Bait station insecticides which, for the purpose of this section, are containers enclosing an insecticidal bait that is not more than one fifth of an ounce (0.5 oz.) by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than five percent (5%) active ingredients;

(l) Any consumer product where the manufacturer has been granted an Alternative Control Plan (ACP) Agreement by CARB under the provisions in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the California Code of Regulations. This exemption shall be for the period of time that the CARB ACP Agreement remains in effect provided that all ACP Products used for emissions credits within the CARB ACP Agreement are listed in the Table of Standards in § 720.1 and the manufacturer complies with § 735, Alternative Control Plans;

(m) Any consumer product where the manufacturer has been granted an innovative product exemption by CARB under the Innovative Products provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5, Article 1, § 94503.5 of Title 17 of the California Code of Regulations. This exemption shall be for the period of time that the CARB Innovative Products exemption remains in effect provided that all consumer products within the CARB Innovative Products exemption are listed in the Table of Standards in § 720.1 and the manufacturer complies with § 736, Innovative Products Exemption; and

(n) Any consumer product where the manufacturer has been granted an alternative control plan agreement, an innovative product exemption, or a variance by the Department pursuant to §§ 735 through 737.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11311 (December 30, 2011).

20 DCMR § 722 CONSUMER PRODUCTS - REGISTERED UNDER FIFRA

722.1 For consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. § 136-136y), the effective date of the VOC standards is one (1) year after the date specified in § 720.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11312 (December 30, 2011).

20 DCMR § 723 CONSUMER PRODUCTS - PRODUCTS REQUIRING DILUTION

723.1 Consumer products wherein the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent before use shall comply with the following:

(a) Limits specified in the Table of Standards in § 720.1 shall apply to the product only after the minimum recommended dilution has taken place; and

(b) Minimum recommended dilution shall not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains.

723.2 Consumer products wherein the label, packaging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, shall comply with the limits specified in the Table of Standards in § 720.1, only after the maximum recommended dilution has taken place.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11312 (December 30, 2011).

20 DCMR § 724 CONSUMER PRODUCTS - OZONE DEPLETING COMPOUNDS

724.1 For any consumer product for which standards are specified under the Table of Standards in § 720.1, no person shall sell, supply, offer for sale, or manufacture for sale in the District of Columbia any consumer product, which may contain any of the following ozone depleting compounds:

(a) CFC-11 (trichlorofluoromethane);

(b) CFC-12 (dichlorodifluoromethane);

(d) CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane);

(e) CFC-115 (chloropentafluoroethane);

(f) Halon 1211 (bromochlorodifluoromethane);

(g) Halon 1301 (bromotrifluoromethane);

(h) Halon 2402 (dibromotetrafluoroethane);

(i) HCFC-22 (chlorodifluoromethane);

(j) HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane);

(k) HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane);

(l) HCFC-141b (1,1-dichloro-1-fluoroethane);

(m) HCFC-142b (1-chloro-1, 1-difluoroethane); and

(n) 1,1,1-trichloroethane, and carbon tetrachloride.

724.2 The requirements of this section shall not apply to any existing product formulation that complies with the Table of Standards in § 720.1 or any existing product formulation that is reformulated to meet the Table of Standards in § 720.1, provided the ozone depleting compound content of the reformulated product does not increase.

724.3 The requirements of this section shall not apply to any ozone depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than one one-hundredth of a percent (0.01%) by weight of the product.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11313 (December 30, 2011).

20 DCMR § 725 CONSUMER PRODUCTS - AEROSOL ADHESIVES

725.1 The standards for aerosol adhesives specified in the Table of Standards in § 720.1 apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses.

725.2 Except as otherwise provided in §§ 721, 736, and 737, no person shall sell, supply, offer for sale, use, or manufacture for sale in the District of Columbia any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the standards specified in the Table of Standards in § 720.1.

725.3 In order to qualify as a “Special Purpose Spray Adhesive,” the product shall meet one or more definitions for “Special Purpose Spray Adhesive” specified in § 799, but if the product label indicates that the product is suitable for use on any substrate or application not listed in one of the definitions for “Special Purpose Spray Adhesive,” then the product shall be classified as either a “Web Spray Adhesive” or a “Mist Spray Adhesive.”

725.4 If a product meets more than one of the definitions specified in § 799 for special purpose spray adhesive, and is not classified as a web spray adhesive or mist spray adhesive under § 799, then the VOC limit should be the lowest applicable VOC limit specified in the Table of Standards in § 720.1.

725.5 No person shall sell, supply, offer for sale, or manufacture for use in District of Columbia any aerosol adhesives that contain methylene chloride, perchloroethylene, or trichloroethylene.

725.6 All aerosol adhesives shall comply with the labeling requirements specified in § 732.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11314 (December 30, 2011).

20 DCMR § 726 CONSUMER PRODUCTS - ANTIPERSPIRANTS OR DEODORANTS

726.1 No person shall sell, supply, offer for sale, or manufacture for sale in the District of Columbia any antiperspirant or deodorant which contains any compound that has been identified by CARB in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 7, § 93000, as a toxic air contaminant.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781(November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11315 (December 30, 2011).

20 DCMR § 727 CONSUMER PRODUCTS – CONTACT ADHESIVES, ELECTRONIC CLEANERS, FOOTWEAR AND LEATHER CARE PRODUCTS, AND GENERAL PURPOSE DEGREASERS

727.1 Except as provided in sections § 727.2 and 727.4, effective January 1, 2012, no person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser that contains methylene chloride, perchloroethylene, or trichloroethylene.

727.2 Contact adhesives, electronic cleaners, footwear or leather care products, or general purpose degreasers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before January 1, 2012, may be sold, supplied, or offered for sale until May 1, 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with § 732.

727.3 Any person who sells or supplies a consumer product identified above in § 727.1 shall notify the purchaser of the product, in writing, that the sell-through period for that product will end on May 1, 2012, provided, however, that this notification must be given only if both of the following conditions are met:

The product is sold or supplied through a distributor or retailer; and

The product is sold or supplied on or after January 1, 2012.

727.4 The requirements of § 727.1 and 721.3 shall not apply to any contact adhesives, electronic cleaner, footwear or leather care product, or general purpose degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than one one-hundredth of a percent (0.01%) by weight.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11315 (December 30, 2011).

20 DCMR § 728 CONSUMER PRODUCTS – ADHESIVE REMOVERS, ELECTRICAL CLEANERS, AND GRAFFITI REMOVERS

728.1 Except as provided in § 728.2 and 728.4, effective January 1, 2012, no person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any adhesive remover, electrical cleaner, or graffiti remover that contains methylene chloride, perchloroethylene, or trichloroethylene.

728.2 Adhesive removers, electrical cleaners, and graffiti removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before January 1, 2012, may be sold, supplied, or offered for sale until May 1, 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with § 732.

728.3 Any person who sells or supplies a consumer product identified above in § 728.1 must notify the purchaser of the product, in writing, that the sell-through period for that product will end on May 1, 2012, provided however, that this notification must be given only if both of the following conditions are met:

The product is sold or supplied through a distributor or retailer; and

The product is sold or supplied on or after January 1, 2012.

728.4 The requirements of § 728.1 and 728.3 shall not apply to any adhesive remover, electrical cleaner, or graffiti remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than one one-hundredth of a percent (0.01%) by weight.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11316 (December 30, 2011).

20 DCMR § 729 CONSUMER PRODUCTS – SOLID AIR FRESHENERS AND TOILET / URINAL CARE PRODUCTS

729.1 Effective January 1, 2012, no person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any solid air fresheners or toilet/urinal care products that contain para-dichlorobenzene.

729.2 Solid air fresheners or toilet and urinal care products that contain para-dichlorobenzene and were manufactured before January 1, 2012, may be sold, supplied, or offered for sale until May 1, 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with § 732.1 through 732.6.

729.3 Any person who sells or supplies any solid air freshener or toilet and urinal care product that contains para-dichlorobenzene shall notify the purchaser of the product, in writing, that the sell-through period for the product will end on May 1, 2012, provided, however, that this notification must be given only if both of the following conditions are met:

(a) The product is sold or supplied to a distributor or retailer; and

(b) The product is sold or supplied on or after January 1, 2012.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11316 (December 30, 2011).

20 DCMR § 730 CONSUMER PRODUCTS – CHARCOAL LIGHTER MATERIALS

730.1 No person shall sell, supply, or offer for sale any charcoal lighter material product unless at the time of the transaction:

(a) The manufacturer can demonstrate that it has been issued a currently effective certification by CARB under the Consumer Products provisions under Subchapter 8.5, Article 2, § 94509(h), of Title 17 of the California Code of Regulations;

(1) This certification remains in effect for the District of Columbia for as long as the CARB certification remains in effect; and

(2) Any manufacturer claiming such a certification on this basis must submit to the Department a copy of the certification decision (such as, the executive order), including all conditions established by CARB applicable to the certification;

(b) The manufacturer or distributor has been issued a currently effective certification by the Department pursuant to this section;

(c) The charcoal lighter material meets the formulation criteria and other conditions specified in an applicable Alternative Control Plan (ACP) Agreement issued pursuant to this section; and

(d) The product usage directions for the charcoal lighter material are the same as those provided to the Department pursuant to this section.

730.2 No charcoal lighter material formulation shall be certified under this section unless the applicant for certification demonstrates to the Department’s satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equal to two one hundredths of a pound (0.02 lb.) of VOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174, Ignition Method Compliance Certification Protocol, dated February 27, 1991 (the South Coast Air Quality Management District Rule 1174 Testing Protocol).

730.3 The Department may approve alternative test procedures that are shown to provide equivalent results to those obtained using the South Coast Air Quality Management District Rule 1174 Test Protocol.

730.4 The provisions relating to LVP-VOC in § 799 and § 721.1(f) shall not apply to any charcoal lighter material subject to the requirements of this section.

730.5 For certification of a charcoal lighter material formulation, the application shall be in writing and shall include, at a minimum, the following:

(a) The results of testing conducted pursuant to the procedures specified in South Coast Air Quality Management District Rule 1174 Testing Protocol as required in § 730.2;

(b) The exact text or graphics that will appear on the charcoal lighter material's principal display panel, label, and any accompanying literature;

(c) Clearly displayed product usage instructions that accurately reflect the quantity of charcoal lighter material per pound that was used in the South Coast Air Quality Management District Rule 1174 Testing Protocol for that product, unless:

(1) The charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes; or

(2) The charcoal lighter material is already incorporated into the charcoal, including but not limited to certain bag light, instant light, or match light products;

(d) For a charcoal lighter material which meets the criteria specified in § 730.5(c)(1), the usage instructions provided to the Department shall accurately reflect the quantity of charcoal lighter material used in the South Coast Air Quality Management District Rule 1174 Testing Protocol for that product; and

(e) Any physical property data, formulation data, or other information required by the Department for use in determining when a product modification has occurred and for use in determining compliance with the conditions specified in an Alternative Control Plan (ACP) Agreement issued pursuant to § 735.

730.6 The Department shall comply with the following requirements for approving an application for certification:

(a) Within thirty (30) days of receipt of an application, the Department shall advise the applicant in writing either that the application is complete or that specified additional information is required to make it complete;

(b) Within thirty (30) days of receipt of additional information, the Department shall advise the applicant in writing either that the application is complete, or that specified additional information or testing is required before it can be deemed complete; and

(c) If the Department finds that an application meets the requirements of this section, then the Department shall issue an ACP Agreement certifying the charcoal lighter material formulation and specifying such conditions as are necessary to ensure that the requirements of this section are met. The Department shall act on a complete application within ninety (90) days after the application is deemed complete.

730.7 For any charcoal lighter material for which certification has been granted by the Department pursuant to this section, the applicant for certification shall notify the Department in writing within thirty (30) days of:

Any change in the usage directions; or

(b) Any change in product formulation, test results, or any other information submitted pursuant to this section, which may result in VOC emissions greater than two one hundredths of a pound (0.02 lb.) of VOC per start.

730.8 If the Department determines that any certified charcoal lighter material formulation results in a VOC emission from the ignition of charcoal that is greater than two one hundredths of a pound (0.02 lb.) of VOC per start, as determined by the South Coast Air Quality Management District Rule 1174 Testing Protocol, and the statistical analysis procedures contained therein, the Department shall revoke or modify the certification as necessary to ensure that the charcoal lighter material will result in VOC emissions of less than or equal to two one hundredths of a pound (0.02 lb.) of VOC per start.

730.9 The Department shall not revoke or modify a certification issued pursuant to this section without first affording the person granted the certification an opportunity for a hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq (2006 Repl.), to determine if the certification should be modified or revoked.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11317 (December 30, 2011).

20 DCMR § 731 CONSUMER PRODUCTS – FLOOR WAX STRIPPERS

731.1 No person shall sell, supply, offer for sale, or manufacture for use in District of Columbia any floor wax stripper unless the following requirements are met:

(a) The label of each non-aerosol floor wax stripper specifies a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of three percent (3%) by weight or less;

(b) The label of each non-aerosol floor wax stripper specifies a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of twelve percent (12%) by weight or less, if the floor wax stripper is also intended to be used for removal of heavy build-up of polish; and

(c) The terms “light build-up”, “medium build-up” or “heavy build-up” are not specifically required on the label, as long as comparable terminology is used.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11320 (December 30, 2011).

20 DCMR § 732 CONSUMER PRODUCTS – LABELING OF CONTENTS

732.1 Each manufacturer of a consumer product subject to §§ 719 through 737 shall clearly display on each consumer product container or package, the day, month, and year on which the product was manufactured, or a code indicating such date.

732.2 A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of § 732.1, if the code is represented separately from other codes on the product container so that it is easily recognizable:

YY DDD = year year day day day

where:

“YY” = two digits representing the year in which the product was manufactured; and

“DDD” = three digits representing the day of the year on which the product was manufactured, with “001”representing the first day of the year, “002” representing the second day of the year, and so forth (such as, the “Julian date”).

732.3 The date or date-code information shall be displayed on each consumer product container or package no later than twelve (12) months before the effective date of the applicable standard specified in the Table of Standards in § 720.1.

732.4 The date or date-code information shall be located on the container or inside the cover/cap so that it is readily observable or obtainable by simply removing the cap/cover without irreversibly disassembling any part of the container or packaging.

732.5 For the purposes of this section, information may be displayed on the bottom of the container as long as it is clearly legible without removing any product packaging.

732.6 The requirements of § 732.1 through 732.5 shall not apply to products containing VOCs at one tenth of a percent (0.1%) by weight or less, or products exempted from the definition of VOCs in §799.

732.7 If a manufacturer uses a code to indicate the date of manufacture for any consumer product subject to § 720, and has not previously filed with the Department a date code explanation for that product, the manufacturer shall provide an explanation of the date portion of the code to the Department no later than the effective date of the applicable standard specified in the Table of Standards in § 720.1.

732.8 If a manufacturer changes any code indicating the date of manufacture for any consumer product subject to § 732.7, an explanation of the modified code must be submitted to the Department before any products displaying the modified code are sold, supplied, or offered for sale in the District of Columbia.

732.9 No person shall erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of manufacture from any regulated product container without the express authorization of the manufacturer.

732.10 Date code explanations for codes indicating the date of manufacture are public information and may not be claimed as confidential.

732.11 Notwithstanding the definition of the term “product category” in § 799, if anywhere on the principal display panel of any consumer product manufactured before January 1, 2012, or any FIFRA registered insecticide manufactured before January 1, 2013, any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in the Table of Standards in § 720.1, then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners, antiperspirant or deodorant products, and insecticide foggers.

732.12 Notwithstanding the definition of “product category” in § 799, if anywhere on the container or packaging of any consumer product manufactured on or after January 1, 2012, or any FIFRA registered insecticide manufactured on or after January 1, 2013, or any sticker or label affixed thereto, any representation is made that the product may be used, or is suitable for use as a consumer product for which a lower VOC content limit is specified in the Table of Standards in § 720.1, then the lowest VOC limit shall apply. This requirement does not apply to general all purpose cleaners, antiperspirant or deodorant, and insecticide foggers.

732.13 Both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesive product subject to §§ 719 through 737 shall comply with § 732.1 through 732.12 and §733 and ensure that all consumer products clearly display the following information on the container for each product which is manufactured on or after the effective date for the category specified in the Table of Standards in § 720.1:

(a) The product category as specified in § 720 or an abbreviation of the category;

(b) The VOC standard for the product as specified in the Table of Standards in § 720.1, except for energized electrical cleaner, expressed as a percentage of weight, unless the product is included in an alternative control plan approved by the Department, as provided in § 732.12, and the product exceeds the applicable VOC standard:

(1) If the product is included in an approved Alternative Control Plan (ACP) pursuant to § 735, the product shall be labeled with the term “ACP” or “ACP product”; or

(2) If the product is classified as a special purpose spray adhesive, the substrate and/or application or an abbreviation of the substrate/application that qualifies the product as special purpose shall be displayed;

(c) An explanation of the abbreviation used pursuant to § 732.13(a) must be filed with the Department before the abbreviation is used;

(d) The information required in this section shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging; and

(e) No person shall remove, alter, conceal, or deface the information required in this section before final sale of the product.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11320 (December 30, 2011).

20 DCMR § 733 CONSUMER PRODUCTS – REPORTING REQUIREMENTS

733.1 Upon ninety (90) days written notice, the Department may require any responsible party to report information for any consumer product or products the Department may specify. Such report may include, but is not limited to, the following information:

(a) The company name, address, telephone number, and designated contact person of the responsible party;

(b) Any claim of confidentiality made pursuant to applicable District of Columbia confidentiality requirements in 20 DCMR § 106;

(d) The product category to which the consumer product belongs pursuant to the Table of Standards in § 720.1;

(e) The applicable product form(s) listed separately;

(f) An identification of each product brand name and form as a “Household Product”, “Industrial and Institutional Product”, or both;

(g) Separate District of Columbia sales calculated in VOC pounds per year, to the nearest pound, and the method used to calculate District of Columbia sales for each product form;

(h) For information submitted by multiple companies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party;

(i) For each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to the nearest one tenth of a percent (0.1%):

(1) Total Table B compounds;

(2) Total LVP-VOCs that are not fragrances;

(3) Total of all other carbon-containing compounds that are not fragrances;

(4) Total of all non-carbon-containing compounds;

(5) Total fragrance;

(6) For products containing greater than two percent (2%) by weight fragrance the percent of fragrance that are LVP-VOCs; and the percent of fragrance that are all other carbon-containing compounds; and

(7) Total paradichlorobenzene;

(j) For each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstracts Service (CAS) number, of the following:

(1) Each Table B compound; and

(2) Each LVP-VOC that is not a fragrance;

(k) If applicable, the weight percent comprised of propellant for each product; and

(l) If applicable, an identification of the type of propellant indicating whether it is Type A, Type B, Type C, or a blend of each type.

733.2 In addition to the requirements of § 733.1(j), the responsible party shall report or arrange to have reported to the Department the net percent by weight of each ozone-depleting compound that is:

(a) Listed in § 724.1; and

(b) Contained in a product subject to reporting under § 733.1 in any amount greater than one tenth of a percent (0.1%) by weight.

733.3 If the responsible party does not have or does not provide the information requested in § 733.1 and 733.2, the Department may require the reporting of this information by the person that has the information including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

733.4 All information submitted by any person pursuant to § 733 shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106.

733.5 Consumer products that contain perchloroethylene or methylene chloride shall comply with the following special reporting requirements:

(a) The requirements of this section shall apply to all responsible parties for consumer products that are subject to the Table of Standards in § 720.1 and contain perchloroethylene or methylene chloride and energized electrical cleansers as defined in § 799, that contain perchloroethylene or methylene chloride; and

(b) For the purposes of this subsection, a product contains perchloroethylene or methylene chloride if the product contains one percent (1.0%) or more by weight, exclusive of the container or packaging, of either perchloroethylene or methylene chloride.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11323 (December 30, 2011).

20 DCMR § 734 CONSUMER PRODUCTS – TEST METHODS

734.1 Testing to determine compliance with the requirements of §§ 720 through 737 shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOCs) in Consumer Products, adopted September 25, 1997, and as last amended on May 5, 2005, including any subsequent amendments, incorporated herein by reference. The requirements of Sections 3.5, 3.6, and 3.7 of CARB Method 310 define a process for the initial determination of VOC content, the determination of LVP VOC status of compounds and mixtures, and the final determination of VOC content, and are incorporated in paragraphs (a) through (c) of this subsection as follows:

(a) Pursuant to Section 3.5 of CARB Method 310, Initial Determination of VOC Content, the Department shall determine the VOC content pursuant to Sections 3.2 and 3.3 of CARB Method 310. Only those components with concentrations equal to or greater than one tenth of a percent (0.1%) by weight shall be reported:

(1) Pursuant to Section 3.5.1 of CARB Method 310, using the appropriate formula specified in Section 4 of CARB Method 310, the Department shall make an initial determination of whether the product meets the applicable VOC standards specified in CARB regulations. If initial results show that the product does not meet the applicable VOC standards, the Department may require additional testing to confirm the initial results;

(2) Pursuant to Section 3.5.2 of CARB Method 310, if the results obtained under Section 3.5.1 of CARB Method 310 show that the product does not meet the applicable VOC standards, the Department shall request that the product manufacturer or responsible party supply product formulation data:

(A) The manufacturer or responsible party shall supply the requested information; and

(B) Information submitted to the Department may be claimed as confidential in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106;

(3) Pursuant to Section 3.5.3 of CARB Method 310, if the information supplied by the manufacturer or responsible party shows that the product does not meet the applicable VOC standards, then the Department will take appropriate enforcement action; and

(4) Pursuant to Section 3.5.4 of CARB Method 310, if the manufacturer or responsible party fails to provide formulation data as specified in Section 3.5.2 of CARB Method 310, the initial determination of VOC content under Section 3.5 of CARB Method 310 shall determine if the product is in compliance with the applicable VOC standards. This determination may be used to establish a violation of District of Columbia regulations;

(b) Pursuant to Section 3.6 of CARB Method 310, Determination of the LVP-VOC Status of Compounds and Mixtures, Section 3.6 of CARB Method 310 does not apply to antiperspirants and deodorants or aerosol coating products because there is no LVP-VOC exemption for these products;

(1) Pursuant to Section 3.6.1 of CARB Method 310, Formulation Data, if the vapor pressure is unknown, the following ASTM methods may be used to determine the LVP-VOC status of compounds and mixtures: ASTM D 86-04b, ASTM D 850-00, ASTM D 1078-01, ASTM D 2879-97), as modified in Appendix B to Method 310, ASTM D 2887-01 and ASTM E 1719-97, including any subsequent amendments;

(2) Pursuant to Section 3.6.2 of CARB Method 310, LVP-VOC Status of Compounds or Mixtures, the Department will test a sample of the LVP-VOC used in the product formulation to determine the boiling point for a compound or for a mixture;

(A) If the boiling point exceeds two hundred sixteen degrees Celsius (216o C) or four hundred twenty-one degrees Fahrenheit (421o F), the compound or mixture is an LVP-VOC;

(B) If the boiling point is less than two hundred sixteen degrees Celsius (216o C) or four hundred twenty-one degrees Fahrenheit (421o F), then the weight percent of the mixture that boils above two hundred sixteen degrees Celsius (216o C) or four hundred twenty-one degrees Fahrenheit (421o F) is an LVP-VOC; and

(C) The Department will use the nearest five percent (5%) distillation cut that is greater than two hundred sixteen degrees Celsius (216o C) or four hundred twenty-one degrees Fahrenheit (421o F) as determined under Section 3.6.1 of CARB Method 310 to determine the percentage of the mixture qualifying as an LVP-VOC; and

(3) Pursuant to Section 3.6.3 of CARB Method 310, Reference Method for Identification of LVP-VOC Compounds and Mixtures, if a product does not qualify as an LVP-VOC under Section 3.6.2 of CARB Method 310, the Department will test a sample of the compound or mixture used in a products formulation utilizing one or both of the following: ASTM D 2879-97, as modified in Appendix B to Method 310, and ASTM E 1719-97, to determine if the compound or mixture meets the CARB requirements in § 94508(91)(A) of Title 17 of the California Code of Regulations including any subsequent amendments; and

(c) Pursuant to Section 3.7 of CARB Method 310, Final Determination of VOC Content, if a product’s compliance status is not satisfactorily resolved under Sections 3.5 and 3.6 of CARB Method 310, the Department will conduct further analyses and testing as necessary to verify the formulation data:

(1) Pursuant to Section 3.7.1 of CARB Method 310, if the accuracy of the supplied formulation data is verified and the product sample is determined to meet the applicable VOC standards, then no enforcement action for a violation of the VOC standards will be taken;

(2) Pursuant to Section 3.7.2 of CARB Method 310, if the Department is unable to verify the accuracy of the supplied formulation data, then the Department will request that the product manufacturer or responsible party supply information to explain the discrepancy; and

(3) Pursuant to Section 3.7.3 of CARB Method 310, if a discrepancy exists that cannot be resolved between the results of CARB Method 310 and the supplied formulation data, then the results of CARB Method 310 shall take precedence over the supplied formulation data. The results of CARB Method 310 shall then determine if the product is in compliance with the applicable VOC standards, and may be used to establish a violation of District of Columbia regulations.

734.2 Alternative methods that are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Department.

734.3 Testing to determine compliance with the requirements of §§ 734 through 737 may also be demonstrated through calculation of the VOC content from records of the amounts of constituents used to make the product pursuant to the following criteria:

Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records must be kept for at least three (3) years;

(b) For the purposes of this section, the VOC content shall be calculated according to the following equation:

VOC Content = B - C x 100

where:

A = total net weight of unit, excluding container and packaging;

B = total weight of all VOCs, as defined in § 799, per unit;

C = total weight of VOCs exempted under § 721, per unit;

(c) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of District of Columbia regulations.

734.4 Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90(2000)e1, including any subsequent amendments, which are incorporated by reference herein.

734.5 Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991), including any subsequent amendments, which are incorporated by reference herein.

734.6 Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-04b, including any subsequent amendments, which are incorporated by reference herein.

734.7 No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other tests, processes, or records used in connection with product manufacture.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11325 (December 30, 2011).

20 DCMR § 735 CONSUMER PRODUCTS – ALTERNATIVE CONTROL PLANS

735.1 This section provides an alternate method to comply with the Table of Standards specified in § 720.1. This alternative is provided by allowing responsible parties the option of voluntarily entering into separate Alternative Control Plan (ACP) Agreements for consumer products, identified in §§ 719 through 737. Only responsible ACP parties for consumer products may enter into an ACP.

735.2 Any manufacturer of consumer products which has been granted an ACP Agreement by CARB under the provisions in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the California Code of Regulations, shall be exempt from the Table of Standards in § 720.1 for the period of time that the CARB ACP Agreement remains in effect, provided that all ACP Products used for emissions credits within the CARB ACP Agreement are contained in the Table of Standards in § 720.1 of this chapter. Any manufacturer claiming such an ACP Agreement must submit to the Department a copy of the CARB ACP decision including the executive order and all conditions established by CARB applicable to the exemption.

735.3 Manufacturers that have been granted an ACP Agreement under the ACP provision in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the California Code of Regulations based on California specific data, or that have not been granted an exemption by the CARB, may apply to the Department for an ACP Agreement in accordance with §§ 735.4 to 735.23.

735.4 An application for an ACP shall be submitted in writing to the Department by the responsible ACP party and shall contain all of the following information:

(a) An identification of the contact persons, phone numbers, names, and addresses of the responsible ACP party that is submitting the ACP application and will be implementing the ACP requirements specified in the ACP Agreement;

(b) A statement of whether the responsible ACP party is a small business or a one-product business, as defined in § 799;

(c) A listing of the exact product brand name, form, available variations including but not limited to flavors, scents, colors, and sizes, and applicable product categories for each distinct product that is proposed for inclusion in the ACP;

(d) A demonstration to the satisfaction of the Department that the enforceable sales records used by the responsible ACP party to track product sales for each proposed ACP product identified in paragraph (c) of this subsection meet the minimum criteria of seventy-five percent (75%) of the District of Columbia gross sales as specified in subparagraph (d)(5) of this subsection. To provide this demonstration, the responsible ACP party shall meet all of the following requirements:

(1) Provide the contact persons, phone numbers, names, street and mailing addresses of all persons and businesses who will provide information that will be used to determine the enforceable sales;

(2) Determine the enforceable sales of each product using enforceable sales records as defined in § 799;

(3) Demonstrate to the satisfaction of the Department the validity of the enforceable sales based on enforceable sales records provided by the contact persons or the responsible ACP party;

(4) Calculate the percentage of the District of Columbia gross sales, as defined in § 799, that is comprised of enforceable sales; and

(5) Determine which ACP products have enforceable sales that are seventy-five percent (75%) or more of the District of Columbia gross sales. Only ACP products meeting these criteria shall be allowed to be sold in the District of Columbia under an ACP;

(e) For each of the ACP products identified in subparagraph (d)(5) of this subsection:

(1) Legible copies of the existing labels for each product; and

(2) The VOC content and LVP content for each product for the following time periods:

(A) At the time the application for an ACP is submitted; and

(B) At any time within the four (4) years before the date of submittal of the application for an ACP, if either the VOC or LVP contents have varied by more than plus or minus ten percent (+/- 10%) of the VOC or LVP contents reported in § 735.4(e)(2)(A);

(f) A written commitment obligating the responsible ACP party to date code every unit of each ACP product approved for inclusion in the ACP. The commitment shall require the responsible ACP party to display the date-code on each ACP product container or package no later than five (5) working days after the date an approved ACP is signed by the Department;

(g) An operational plan covering all the products identified under subparagraph (d)(5) of this subsection for each compliance period that the ACP will be in effect. The operational plan shall contain all of the following:

(1) An identification of the compliance periods and dates for the responsible ACP party to report the information required by the Department in the ACP Agreement approving an ACP:

(A) The length of the compliance period shall be chosen by the responsible ACP party provided, however, that no compliance period shall be longer than three hundred sixty-five (365) days; and

(B) The responsible ACP party shall also choose the dates for reporting information such that all required VOC content and enforceable sales data for ACP products shall be reported to the Department at the same time and at the same frequency;

(2) An identification of specific enforceable sales records to be provided to the Department for enforcing the provisions of §§ 719 through 737 and the ACP Agreement approving an ACP. The enforceable sales records shall be provided to the Department no later than the compliance period dates specified in subparagraph (g)(1) of this subsection;

(3) For a small business or a one-product business that will be relying to some extent on surplus trading to meet its ACP limits, a written commitment from the responsible ACP parties that they will be transferring the surplus reductions to the small business or one-product business upon approval of the ACP;

(4) For each ACP product, all VOC content levels which will be applicable for the ACP product during each compliance period;

(5) The plan shall also identify the specific method(s) by which the VOC content will be determined and the statistical accuracy and precision, including repeatability and reproducibility, calculated for each specified method;

(6) The projected enforceable sales for each ACP product and the different VOC contents for each compliance period that the ACP will be in effect;

(7) A detailed demonstration showing the combination of specific ACP reformulations or surplus trading, if applicable, that is sufficient to ensure that the ACP emissions will not exceed the ACP limit for each compliance period that the ACP will be in effect, the approximate date within each compliance period that such reformulations or surplus trading are expected to occur, and the extent to which the VOC contents of the ACP products will be reduced (such as, by ACP reformulation);

(A) This demonstration shall use the equations specified in § 799 for projecting the ACP emissions and ACP limits during each compliance period; and

(B) This demonstration shall also include all VOC content levels and projected enforceable sales for all ACP products to be sold in the District of Columbia during each compliance period;

(8) A certification that all reductions in the VOC content of a product will be real, actual reductions that do not result from changing product names, mischaracterizing ACP product reformulations that have occurred in the past, or any other attempts to circumvent the provisions of §§ 719 through 737;

(9) Written explanations of the date-codes that will be displayed on each ACP product container or packaging;

(10) A statement of the approximate dates by which the responsible ACP party plans to meet the applicable ACP VOC standards for each product in the ACP; and

(11) A plan for reconciling shortfalls that commits the responsible ACP party to completely reconcile any shortfalls in all cases, even, to the extent permitted by law, if the responsible ACP party files for bankruptcy protection. The plan for reconciliation of shortfalls shall contain:

(A) A clear and convincing demonstration of how shortfalls of up to five, ten, fifteen, twenty-five, fifty, seventy-five, and one hundred percent (5%, 10%, 15%, 25%, 50%, 75% and 100%) of the applicable ACP Limit will be completely reconciled within ninety (90) days from the date the shortfall is determined;

(B) A listing of the specific records and other information that will be necessary to verify that the shortfalls were reconciled as specified in this paragraph; and

(C) A commitment to provide any record or information requested by the Department to verify that the shortfalls have been completely reconciled; and

(h) A declaration, signed by a legal representative for the responsible ACP party, stating that all information and operational plans submitted with the ACP application are true and correct.

735.5 In accordance with the time periods specified in § 735.7, the Department shall issue an ACP Agreement approving an ACP application that meets the requirements of §§ 719 through 737. The Department shall specify such terms and conditions as are necessary to ensure that the emissions from the ACP products do not exceed the emissions that would have occurred if the ACP products subject to the ACP had met the VOC standards specified in the Table of Standards in § 720.1. The ACP Agreement shall also include:

(a) Only those ACP products for which the enforceable sales are at least seventy-five percent (75%) of the District of Columbia gross sales, as determined in § 735.4(d);

(b) A reconciliation of shortfalls plan meeting the requirements of § 735.4(g)(11); and

(c) Operational terms, conditions, and data to be reported to the Department to ensure that all requirements of §§ 719 through 736 are met.

735.6 The Department shall not approve an ACP submitted by a responsible ACP party if the Department determines, upon review of the responsible ACP party's compliance history with past or current ACPs or the requirements for consumer products in §§ 719 through 731, that the responsible ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those violations.

735.7 Unless the Department and the responsible party mutually agree to a different period of action, the Department shall take appropriate action on an ACP application within the following time periods:

(a) Within thirty (30) days of receipt of an ACP application, the Department shall inform the applicant in writing that either:

(1) The application is complete and accepted for filing; or

(2) The application is deficient, and the Department shall identify the specific information required to make the application complete;

(b) Within thirty (30) days of receipt of additional information provided in response to a determination that an ACP application is deficient, the Department shall inform the applicant in writing that either:

(1) The additional information is sufficient to make the application complete, and the application is accepted for filing; or

(2) The application is deficient, and the Department shall identify the specific information required to make the application complete;

(c) The Department shall act to approve or disapprove a complete application within ninety (90) days after the application is deemed complete.

735.8 All information specified in the ACP Agreement shall be maintained by the responsible ACP party for a minimum of three (3) years after such records are generated and shall meet the following requirements:

(a) Such records shall be clearly legible and maintained in good condition during this period; and

(b) The records specified in § 735.4 shall be made available to the Department:

(1) Immediately upon request, during an on-site visit to a responsible ACP party;

(2) Within five (5) working days after receipt of a written request from the Department; or

(3) Within a time period mutually agreed upon by both the Department and the responsible ACP party.

735.9 Any person who commits a violation of this chapter is subject to the penalties specified in 20 DCMR § 105. Failure to meet any condition of an applicable ACP Agreement shall constitute a single, separate violation for each day until such requirement or condition is satisfied, unless otherwise provided in paragraphs (a) through (i) of this subsection:

(a) False reporting of any information contained in an ACP application, or any supporting documentation or amendments thereto shall constitute a single, separate violation for each day that the approved ACP is in effect;

(b) Any exceedance during the applicable compliance period of the VOC content specified for an ACP product and which is included in the ACP Agreement approving an ACP shall constitute a single, separate violation for each ACP product which exceeds the specified VOC content that is sold, supplied, offered for sale, or manufactured for use in the District of Columbia;

(c) Any of the following actions shall each constitute a single, separate violation for each day after the applicable deadline until the requirement is satisfied:

(1) Failure to report data to the Department, including but not limited to missing data, or failure to report data accurately in writing regarding the VOC content, LVP content, enforceable sales, or any other information required by any deadline specified in the applicable ACP Agreement;

(2) False reporting of any information submitted to the Department for determining compliance with the ACP requirements;

(3) Failure to completely implement the reconciliation of shortfalls plan that is set forth in the ACP Agreement, within thirty (30) days from the date of written notification of a shortfall by the Department; and

(4) Failure to completely reconcile the shortfall as specified in the ACP Agreement, within ninety (90) days from the date of written notification of a shortfall by the Department;

(d) False reporting or failure to report any of the information specified in § 735.10, or the sale or transfer of invalid surplus reductions, shall constitute a single, separate violation for each day during the time period for which the surplus reductions are claimed to be valid;

(e) Except as provided in § 735.9(f), any exceedance of the ACP limit for any compliance period that the ACP is in effect shall constitute a single, separate violation for each day of the applicable compliance period. The Department shall determine whether an exceedance of the ACP limit has occurred as follows:

(1) If the responsible ACP party has provided all required information for the applicable compliance period specified in the ACP Agreement approving an ACP, then the Department shall determine whether an exceedance has occurred using the enforceable sales records and VOC content for each ACP product, as reported by the responsible ACP party for the applicable compliance period; and

(2) If the responsible ACP party has failed to provide all the required information specified in the ACP Agreement for an applicable compliance period, the Department shall determine whether an exceedance of the ACP limit has occurred as follows:

(A) For the missing data days, the Department shall calculate the total maximum historical emissions, as specified in § 799;

(B) For the remaining portion of the compliance period which are not missing data days, the Department shall calculate the emissions for each ACP product using the enforceable sales records and VOC content that were reported for that portion of the applicable compliance period;

(C) The ACP emissions for the entire compliance period shall be the sum of the total maximum historical emissions, determined pursuant to subparagraph (e)(2)(A) of this subsection, and the emissions determined pursuant to subparagraph (e)(2)(B) of this subsection;

(D) The Department shall calculate the ACP limit for the entire compliance period using the ACP standards applicable to each ACP product and the enforceable sales records specified in subparagraph (e)(2)(B) of this subsection. The enforceable sales for each ACP product during missing data days, as specified in subparagraph (e)(2)(A) of this subsection, shall be zero (0); and

(E) An exceedance of the ACP limit has occurred when the ACP emissions, determined pursuant to subparagraph (e)(2)(C) of this subsection exceeds the ACP limit, determined pursuant to subparagraph (e)(2)(D) of this subsection;

(f) If a violation specified in paragraph (e) of this section occurs, the responsible ACP party may, pursuant to this paragraph, establish the number of violations as calculated according to the following equation:

NEV = (ACP Emissions - ACP Limit) x 1 Violation/40 Pounds

where:

NEV = number of ACP Limit violations;

ACP Emissions = the ACP Emissions for the compliance period;

ACP Limit = the ACP Limit for the compliance period; and

The responsible ACP party may determine the number of ACP Limit violations pursuant to this paragraph only if it has provided all required information for the applicable compliance period, as specified in the ACP Agreement approving the ACP. By choosing this option, the responsible ACP party waives all legal objections to the calculation of the ACP Limit violations pursuant to this subsection;

In assessing the amount of penalties for any violation occurring pursuant to paragraphs (a) through (f) of this section, the circumstances identified in applicable District of Columbia health and safety laws and regulations shall be taken into consideration;

(h) A cause of action against a responsible party under this section shall be deemed to accrue on the date(s) when the records establishing the violation are received by the Department or when documents are not received as requested by the Department; and

(i) The responsible ACP party is fully liable for compliance with the requirements of this subsection, even if the responsible ACP party contracts with or otherwise relies on another person to carry out some or all of the requirements of this subsection.

735.10 The Department shall issue surplus reduction certificates, which establish and quantify, to the nearest pound of VOC reduced, any surplus reductions achieved by a responsible ACP party operating under an ACP. All surplus reductions shall be calculated by the Department at the end of each compliance period within the time specified in the approved ACP. Surplus reductions can be bought from, sold to, or transferred to a responsible ACP party operating under an ACP, according to the following provisions:

(a) Surplus reduction certificates shall not constitute instruments, securities, or any other form of property;

(b) For the purposes of this regulation, VOC reductions from sources of VOCs other than consumer products subject to the VOC standards specified in the Table of Standards in § 720.1 may not be used to generate surplus reductions;

(c) Surplus reductions are valid only when generated by a responsible ACP party and only while that responsible ACP party is operating under an approved ACP;

(d) Surplus reductions are valid only after the Department has issued an ACP Agreement pursuant to § 735;

(e) Surplus reductions issued by the Department may be used by the responsible ACP party who generated the surplus until, pursuant to § 735.17:

The reductions expire;

The reductions are traded; or

The ACP is canceled;

(f) Surplus reductions cannot be applied retroactively to any compliance period before the compliance period in which the reductions were generated;

(g) Only small or one-product businesses selling products under an approved ACP may purchase surplus reductions, except as provided in § 735.10(h)(2). An increase in the size of a small business or one-product business shall have no effect on surplus reductions purchased by that business before the date of the increase;

(h) While valid, surplus reductions may be used only for the following purposes:

(1) To adjust the ACP emissions of either the responsible ACP party who generated the reductions or the responsible ACP party to which the reductions were traded, provided the surplus reductions are not to be used by any responsible ACP party to further lower its ACP emissions when its ACP emissions are equal to or less than the ACP limit during the applicable compliance period; or

(2) To be traded for the purpose of reconciling another responsible ACP party's shortfalls, provided such reconciliation is part of the reconciliation of shortfalls plan approved by the Department pursuant to § 735.4(g)(11);

(i) A valid surplus reduction shall be in effect starting five (5) days after the date of issuance by the Department, for a continuous period equal to the number of days in the compliance period during which the surplus reduction was generated. The surplus reduction shall then expire at the end of its effective period;

(j) At least five (5) working days before the effective date of transfer of surplus reductions, both the responsible ACP party that is selling surplus reductions and the responsible ACP party that is buying the surplus reductions shall, either together or separately, notify the Department in writing of the transfer. The notification shall include all of the following:

(1) The date the transfer is to become effective;

(2) The date the surplus reductions being traded are due to expire;

(3) The amount in pounds of VOCs of surplus reductions that are being transferred;

(4) The total purchase price paid by the buyer for the surplus reductions;

(5) The contact persons, names of the companies, street and mail addresses, and telephone numbers of the responsible ACP parties involved in the trading of the surplus reductions; and

(6) A copy of the District of Columbia-issued surplus reductions certificate, signed by both the seller and buyer of the certificate, showing transfer of all or a specified portion of the surplus reductions;

(A) The copy shall show the amount of any remaining non-traded surplus reductions, if applicable, and their expiration date; and

(B) The copy shall indicate that both the buyer and seller of the surplus reductions fully understand the conditions and limitations placed upon the transfer of the surplus reductions and accept full responsibility for the appropriate use of such surplus reductions as provided in this section; and

(k) Surplus reduction credits shall only be traded between ACP parties for consumer products.

735.11 The use of limited-use surplus reduction credits for early reformulations of ACP products shall comply with the following provisions:

(a) For the purposes of this section, early reformulation means an ACP product that is reformulated to result in a reduction in the product's VOC content, and which is sold, supplied, or offered for sale in the District of Columbia for the first time during the three hundred sixty-five (365) day period immediately before the date wherein the application for a proposed ACP is submitted to the District. Early reformulation does not include any reformulated ACP product that is sold, supplied, or offered for sale in the District of Columbia more than one (1) year before the date on which the ACP application is submitted to the Department;

(b) If requested in the application for an ACP, the Department shall, upon approval of the ACP, issue surplus reduction credits for early reformulations of ACP products, provided that all of the following documentation has been submitted by the responsible ACP party to the satisfaction of the Department:

(1) Accurate documentation showing that the early reformulation reduced the VOC content of the ACP product to a level that is below the pre-ACP VOC content of the product, or below the applicable VOC standard specified in the Table of Standards in § 720.1, whichever is the lesser of the two;

(2) Accurate documentation demonstrating that the early reformulated ACP product was sold in District of Columbia retail outlets within the time period specified in paragraph (a) of this section;

(3) Accurate sales records for the early reformulated ACP product that meet the definition of enforceable sales records as defined in § 799, and which demonstrate that the enforceable sales for the ACP product are at least seventy-five percent (75%) of the District of Columbia gross sales for the product, as specified in § 735.4(d); and

(4) Accurate documentation for the early reformulated ACP product that meets the requirements specified in § 735.4(c)-(d), § 735.4(g)(8)-(9), and which identifies the specific test methods for verifying the claimed early reformulation(s) and the statistical accuracy and precision of the test methods as specified in § 735.4(g)(4)-(5);

(c) Surplus reduction credits issued pursuant to this section shall be calculated separately for each early reformulated ACP product by the Department according to the following equation:

SR = Enforceable Sales x ((VOC Content)initial (VOC Content)final) 100

where:

SR = Surplus Reductions for the ACP product, expressed to the nearest pound;

Enforceable

Sales = the Enforceable Sales for the early reformulated ACP product, expressed to the nearest pound of ACP product;

VOC

Contentinitial = the Pre-ACP VOC content of the ACP product, or the applicable VOC standard specified in §720, whichever is the lesser of the two, expressed to the nearest one tenth of a pound (0.1 lb.) of VOC per one hundred pounds (100 lb.) of ACP product;

VOC

Contentfinal = the VOC Content of the early reformulated ACP product after the early reformulation is achieved, expressed to the nearest one tenth of a pound (0.1 lb.) of VOC per one hundred pounds (100 lb.) of ACP product; and

(d) The use of surplus reduction credits issued pursuant to this section shall be subject to all of the following provisions:

(1) Surplus reduction credits shall be used solely to reconcile the responsible ACP party's shortfalls, if any, generated during the first compliance period occurring immediately after the issuance of the ACP Agreement approving an ACP, and shall not be used for any other purpose;

(2) Surplus reduction credits shall not be transferred to, or used by, any other responsible ACP party; and

(3) Except as provided in this section, surplus reduction credits shall be subject to all requirements applicable to surplus reductions and surplus trading, as specified in § 735.10.

735.12 At the end of each compliance period, the responsible ACP party shall make an initial calculation of any shortfalls occurring in that compliance period, as specified in the ACP Agreement approving the ACP. Upon receipt of this information, the Department shall determine the amount of any shortfall that has occurred during the compliance period, and shall notify the responsible ACP party of this determination:

(a) The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the ACP Agreement approving the ACP, within thirty (30) days from the date of written notification of a shortfall by the District;

(b) All shortfalls shall be completely reconciled within ninety (90) days from the date of written notification of a shortfall by the Department, by implementing the reconciliation of shortfalls plan specified in the ACP Agreement approving the ACP; and

(c) All requirements specified in the ACP Agreement approving an ACP, including all applicable ACP limits, shall remain in effect while any shortfalls are in the process of being reconciled.

735.13 The responsible ACP party shall notify the Department, in writing, of any change in an ACP product's name, formulation, form, function, applicable product categories, VOC content, LVP content, date-codes, or recommended product usage directions, no later than fifteen (15) days from the date such a change occurs. These modifications do not need Department pre-approval, but the notification shall fully explain the following:

(a) The nature of the modification;

(b) The extent to which the ACP product formulation, VOC content, LVP Content, or recommended usage directions will be changed;

(c) The extent to which the ACP emissions and ACP limit specified in the ACP Agreement will be changed for the applicable compliance period; and

(d) The effective date and corresponding date-codes for the modification.

735.14 Modifications to the enforceable sales records or reconciliation of shortfalls plan specified in the ACP Agreement approving the ACP require Department pre-approval and shall comply with the following requirements:

(a) Any such proposed modifications shall be fully described in writing and forwarded to the Department;

The responsible ACP party shall clearly demonstrate that the proposed modifications will meet the requirements of §§ 719 through 737; and

(c) The Department shall act on the proposed modifications using the procedure set forth in § 735.7. The responsible ACP party shall meet all applicable requirements of the existing ACP until such time that any proposed modification is approved in writing by the Department.

735.15 Except as otherwise provided in § 735.13 and 735.14, the responsible ACP party shall notify the Department, in writing, of any information learned of by the responsible ACP party which may alter any of the information submitted pursuant to the requirements of § 735. The responsible ACP party shall provide such notification to the Department no later than fifteen (15) working days from the date such information is known to the responsible ACP party.

735.16 To ensure that the ACP meets all of the requirements of this chapter and that the ACP emissions will not exceed the ACP limit, the District shall modify the ACP under the following conditions as necessary:

(a) If the District determines that:

(1) The enforceable sales for an ACP product are no longer at least seventy-five percent (75%) of the District of Columbia gross sales for that product;

(2) The information submitted pursuant to the approval process set forth in §735 is no longer valid; or

(3) The ACP emissions are exceeding the ACP limit specified in the ACP Agreement approving an ACP;

(b) If the responsible ACP party has had an opportunity for a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq.(2006 Repl.), to determine if the ACP should be modified; and

(c) If any applicable VOC standards specified in the Table of Standards in § 720.1 are modified by the California Air Resources Board (CARB) in a future rule making, the Department shall modify the ACP limit specified in the ACP Agreement approving an ACP to reflect the modified ACP VOC standards as of their effective dates.

735.17 An ACP shall remain in effect until the following occurs:

(a) The ACP reaches the expiration date specified in the ACP Agreement;

(b) The ACP is modified by the responsible ACP party and approved by the Department, as provided in § 735.13 and 735.14;

The ACP is modified by the Department, as provided in § 735.16;

(d) The ACP includes a product for which the VOC standard specified in the Table of Standards in § 720.1 is modified by the Department in a future rule making, and the responsible ACP party informs the Department in writing that the ACP will terminate on the effective date of the modified standard; or

(e) The ACP is cancelled pursuant to § 735.18.

735.18 The Department shall cancel an ACP if any of the following circumstances occur:

(a) The responsible ACP party demonstrates to the satisfaction of the Department that the continuation of the ACP will result in an extraordinary economic hardship;

(b) The responsible ACP party violates the requirements of the approved ACP, and the violation results in a shortfall that is twenty percent (20%) or more of the applicable ACP limit, meaning that the ACP Emissions exceed the ACP Limit by twenty percent (20%) or more;

(c) The responsible ACP party fails to meet the requirements of § 735.12 within the time periods specified in § 735.12; or

(d) The responsible ACP party has demonstrated a recurring pattern of violations and has consistently failed to take the necessary steps to correct those violations.

735.19 The Department shall not cancel an ACP pursuant to § 735.18 without first affording the responsible ACP party an opportunity for a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq.(2006 Repl.), to determine if the ACP should be canceled.

735.20 The responsible ACP party for an ACP that is canceled pursuant to this section and who does not have a valid ACP to immediately replace the canceled ACP shall meet all of the following requirements:

(a) All remaining shortfalls in effect at the time of ACP cancellation shall be reconciled in accordance with the requirements of § 735.12; and

(b) All ACP products subject to the ACP shall be in compliance with the applicable VOC standards in the Table of Standards in § 720.1 immediately upon the effective date of ACP cancellation.

735.21 Any violations incurred pursuant to § 735.9 shall not be cancelled or in any way affected by the subsequent cancellation or modification of an ACP pursuant to § 735.13 through 735.18.

735.22 The information required by § 735.4(a), 735.4(b), and 735.10 is public information that may not be claimed as confidential. All other information submitted to the Department to meet the requirements of this regulation shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106.

735.23 A responsible ACP party may transfer an ACP to another responsible ACP party, provided that all of the following conditions are met:

(a) The Department shall be notified, in writing, by both responsible ACP parties participating in the transfer of the ACP and its associated ACP Agreement;

(1) The written notifications shall be postmarked at least five (5) working days before the effective date of the transfer and shall be signed and submitted separately by both responsible parties; and

(2) The written notifications shall clearly identify the contact persons, business names, mail and street addresses, and telephone numbers of the responsible parties involved in the transfer; and

(b) The responsible ACP party to which the ACP is being transferred shall provide a written declaration stating that the transferee shall fully comply with all requirements of the ACP Agreement.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11329 (December 30, 2011).

20 DCMR § 736 CONSUMER PRODUCTS – INNOVATIVE PRODUCTS EXEMPTION

736.1 Any manufacturer claiming an exemption from the Table of Standards in § 720.1 based on a CARB Innovative Products exemption under the Innovative Products provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5, Article 1, § 94503.5 of Title 17 of the California Code of Regulations, must submit to the Department a copy of the CARB Innovative Product exemption decision including the executive order and all conditions established by CARB applicable to the exemption.

736.2 Manufacturers of consumer products that have been granted an Innovative Products exemption under the Innovative Products provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5, Article 1, § 94503.5 of Title 17 of the California Code of Regulations based on California specific data, or that have not been granted an exemption by CARB, may apply for an Innovative Products exemption from the District of Columbia if the product meets the following criteria:

(a) The manufacturer demonstrates by clear and convincing evidence that due to some characteristic of the product formulation, design, delivery systems or other factors, the use of the product will result in less VOC emissions as compared to:

(1) The VOC emissions from a representative consumer product which complies with the VOC limits specified in the Table of Standards in § 720.1; or

(2) The calculated VOC emissions from a non-complying representative product, if the product had been reformulated to comply with the VOC limits specified in the Table of Standards in § 720.1; and

(3) VOC emissions shall be calculated using the following equation:

ER = ENC x VOCSTD ¸ VOCNC

where:

ER = The VOC emissions from the non-complying representative product, had it been reformulated;

ENC = The VOC emissions from the non-complying representative product in its current formulation;

VOCSTD = The VOC limit specified in the Table of Standards in § 720.1; and

VOCNC = The VOC content of the non-complying product in its current formulation;

(b) If a manufacturer demonstrates that the equation in paragraph (a) of this section yields inaccurate results due to some characteristic of the product formulation or other factors, an alternative method that accurately calculates emissions may be used upon approval of the Department;

(c) For the purposes of this section, representative consumer product means a consumer product that meets all of the following criteria:

(1) The representative product shall be subject to the same VOC limit in the Table of Standards in § 720.1 as the innovative product;

(2) The representative product shall be of the same product form as the innovative product, unless the innovative product uses a new form that does not exist in the product category at the time the application is made; and

(3) The representative product shall have at least similar efficacy as other consumer products in the same product category based on tests generally accepted for that product category by the consumer products industry;

(d) To apply for an innovative products exemption under this section, a manufacturer shall submit a written application to the Department, which includes:

(1) The supporting documentation that demonstrates the emissions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage; and

(2) Any information necessary to enable the Department to establish enforceable conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content;

(e) The Department shall comply with the following process in responding to applications for exemptions:

(1) All information submitted by a manufacturer pursuant to paragraph (d) shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106;

(2) Within thirty (30) days of receipt of the exemption application the Department shall determine whether an application is complete;

(3) Within ninety (90) days after an application has been deemed complete, the Department shall determine whether, under what conditions, and to what extent, an exemption from the requirements of §720 will be permitted;

(A) The applicant and the Department may mutually agree to a longer time period for reaching a decision; and

(B) Additional supporting documentation may be submitted by the applicant before a decision is reached;

(4) The Department shall notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from the product will meet the emissions reductions specified in subparagraph (a)(1), and that such emissions reductions can be enforced; and

(5) In granting an exemption for a product, the Department shall establish conditions that are enforceable:

(A) These conditions shall include the VOC content of the innovative product, dispensing rates, application rates, and any other parameters determined by the Department to be necessary;

(B) The Department shall also specify the test methods for determining conformance to the conditions established; and

(f) For any product for which an exemption has been granted pursuant to this section, the manufacturer shall notify the Department in writing within thirty (30) days of any change in the product formulation or recommended product usage directions, and shall also notify the Department within thirty (30) days if the manufacturer learns of any information which would alter the emissions estimates submitted to the Department in support of the exemption application;

(g) If the VOC limits specified in the Table of Standards in § 720.1 are lowered for a product category through any subsequent rulemaking, all innovative product exemptions granted for products in the product category shall have no effect as of the effective date of the modified VOC standard, except for those innovative products that have VOC emissions less than the applicable lowered VOC limit and for which a written notification of the product's emissions status versus the lowered VOC limit has been submitted to and approved by the Department at least sixty (60) days before the effective date of such limits; and

(h) If the Department believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in this section, the Department may modify or revoke the exemption as necessary to ensure that the product will meet these criteria. The Department shall not modify or revoke an exemption without first affording the applicant an opportunity for a public hearing held in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq.(2006 Repl.).

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11345 (December 30, 2011).

20 DCMR § 737 CONSUMER PRODUCTS – VARIANCE REQUESTS

737.1 Any person who cannot comply with the requirements set forth in §§ 720 and 722 through 731 because of extraordinary reasons beyond the person's reasonable control may apply in writing to the Department for a variance according to the following requirements:

(a) The variance application shall include:

(1) The specific grounds upon which the variance is sought;

(2) The proposed date(s) by which compliance with the provisions of §§ 720 and 722 through 731 will be achieved; and

(3) A compliance report reasonably detailing the methods by which compliance will be achieved;

(b) Upon receipt of a variance application containing the information required in paragraph (a), the Department shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in §§ 720 and 722 through 731 is necessary and will be permitted according to the following requirements:

(1) A hearing shall be initiated no later than seventy-five (75) days after receipt of a variance application;

(2) Notice of the time and place of the hearing shall:

(A) Be sent to the applicant by certified mail not less than thirty (30) days before the hearing;

(B) Be submitted for publication in the District of Columbia Register and sent to every person who requests such notice, not less than thirty (30) days before the hearing; and

(3) At least thirty (30) days before the hearing, the variance application shall be made available to the public for inspection; and

(4) Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered;

(c) Information submitted to the Department by a variance applicant may be claimed as confidential, and such information shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106. The Department may consider such confidential information in reaching a decision on a variance application;

(d) No variance shall be granted unless all of the following findings are made:

(1) Because of reasons beyond the reasonable control of the applicant, requiring compliance with §§ 720 and 722 through 731 would result in extraordinary economic hardship;

(2) The public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance; and

(3) The compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible;

(e) Any variance order issued by the Department shall specify a final compliance date by which the requirements of §§ 720 and 722 through 731 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to ensure timely compliance, and such other conditions that the Department, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of applicable District of Columbia health and safety laws and regulations;

(f) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance; and

(g) Upon the application of any person, the Department may review, and for good cause, modify or revoke a variance from requirements of §§ 720 and 722 through 731 after holding a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq. (2006 Repl.).

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11349 (December 30, 2011).

20 DCMR § 738 [RESERVED]

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11351 (December 30, 2011).

20 DCMR § 739 [RESERVED]

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11351 (December 30, 2011).

20 DCMR § 740 [RESERVED]

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11351 (December 30, 2011).

20 DCMR § 741 [RESERVED]

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11351 (December 30, 2011).

20 DCMR § 742 [RESERVED]

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 11286, 11351 (December 30, 2011).

20 DCMR § 743 ADHESIVES AND SEALANTS – GENERAL REQUIREMENTS

743.1 This section applies to any person who, on or after January 1, 2012, supplies, sells, offers for sale, manufactures for sale, or uses or applies adhesives, sealants, or adhesive or sealant primers, except as provided in § 745.

743.2 For purposes of §§ 743 through 749 and of any definitions in §799 applicable to §§ 743 through 749, the District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11351 (December 30, 2011).

20 DCMR § 744 ADHESIVES AND SEALANTS – VOC STANDARDS

744.1 On and after January 1, 2012, no person shall sell, supply, offer for sale in the District of Columbia any adhesive, sealant, adhesive primer, or sealant primer manufactured on or after January 1, 2012, or manufacture for sale in the District of Columbia any adhesive, sealant, adhesive primer or sealant primer in excess of the applicable VOC content limits specified in the Table of Standards in § 744.2, except as provided in §§ 744.5 and 745.

744.2 No person shall use or apply any adhesive, sealant, adhesive primer, or sealant primer manufactured on and after January 1, 2012, within the District of Columbia in excess of the applicable VOC content limits specified in the following Table of Standards, except as provided in §§ 744.5 and 745:

Table of Standards. VOC Content Limits for Adhesives, Sealants, Adhesive Primers, Sealant Primers and Adhesives Applied to Particular Substrates.

Adhesive, sealant, adhesive primer or sealant primer category

VOC content limit (grams VOC per liter*)

CATEGORY 1: ADHESIVES

VOC Limits

(g/L)

ABS welding

400

Ceramic tile installation

130

Computer diskette jacket manufacturing

850

Contact or contact bond

250

Cove base installation

150

CPVC welding

490

Indoor floor covering installation

150

Metal to urethane/rubber molding or casting

850

Motor vehicle

250

Motor vehicle weatherstrip

750

Multi-purpose construction

200

Non-membrane roof installation/repair

300

Outdoor floor covering installation

250

Plastic cement welding (except ABS, PVC or CPVC)

510

PVC welding

510

Single-ply roof membrane installation/repair

250

Structural glazing

100

Thin metal laminating

780

Tire retread

100

Perimeter bonded sheet vinyl flooring installation

660

Waterproof resorcinol glue

170

Sheet-applied rubber installation

850

CATEGORY 2: SEALANTS

VOC Limits in (g/L)

Architectural

250

Marine deck

760

Non-membrane roof installation / repair

300

Roadway

250

Single-ply roof membrane

450

Other

420

CATEGORY 3: ADHESIVE PRIMERS

VOC Limits in (g/L)

Automotive glass

700

Motor vehicle glass bonding

900

Plastic cement welding

650

Single-ply roof membrane

250

Traffic marking tape

150

Other

250

CATEGORY 4: SEALANT PRIMERS

VOC Limits in (g/L)

Architectural – non-porous material

250

Architectural – porous material

775

Marine deck

760

Other

750

CATEGORY 5: ADHESIVES APPLIED TO PARTICULAR SUBSTRATES

VOC Limits in (g/L)

Flexible vinyl

250

Fiberglass

200

Reinforced plastic composite

200

Metal

Porous material (other than wood)

120

Rubber

250

Wood

Other substrates

250

The VOC content is determined as the weight of VOCs,

less water and exempt compounds as specified in §747.

744.3 The VOC content limits in the Table of Standards in § 744.2 for adhesives applied to particular substrates (such as, Category 5), shall apply as follows:

If an operator uses an adhesive or sealant subject to a specific VOC content limit for such adhesive or sealant in the Table of Standards in § 744.2, such specific limit applies rather than an adhesive-to-substrate limit; and

If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content shall be the limit for such use.

744.4 Except as provided in §§ 744.5 and 745, any person subject to §§ 743 to 749 using a surface preparation or cleanup solvent shall:

(a) Except as provided in paragraph (b) of this section for single-ply roofing, not use materials containing VOCs for surface preparation, unless the VOC content of the surface preparation solvent is less than seventy grams per liter (70 g./L);

(b) If a surface preparation solvent is used in applying single-ply roofing, not use materials for surface preparation containing VOCs, unless the composite vapor pressure of the surface preparation solvent, excluding water and exempt compounds, does not exceed forty-five millimeters of mercury (45 mm. Hg) at twenty degrees Celsius (20º C) or sixty-eight degrees Fahrenheit (68° F);

(c) Except as provided in paragraph (d) of this section, not use materials containing VOCs for the removal of adhesives, sealants, or adhesive or sealant primers from surfaces, other than spray application equipment, unless the composite vapor pressure of the solvent used, excluding water and exempt compounds, is less than forty-five millimeters of mercury (45 mm. Hg) at twenty degrees Celsius (20º C) or sixty-eight degrees Fahrenheit (68° F); and

(d) Remove an adhesive, sealant, adhesive primer, or sealant primer from the parts of spray application equipment by:

An enclosed cleaning system, or an equivalent cleaning system as determined by the SCAQMD’s “General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems,” dated October 3, 1989;

Using a solvent with a VOC content of seventy grams (70 g) of VOC per liter of material, or less; or

Soaking parts containing dried adhesive in a solvent as long as the composite vapor pressure, excluding water and exempt compounds, of the solvent is nine and one half millimeters of mercury (9.5 mm. Hg) at twenty degrees Celsius (20º C) or sixty-eight degrees Fahrenheit (68° F) or less and is kept in a closed container, which shall be closed except when depositing or removing parts of materials from the container.

744.5 A person using an adhesive, sealant, adhesive primer, or sealant primer subject to §§ 743 to 749 may comply with § 744.2 and 744.4 using add-on air pollution control equipment if such equipment meets the following requirements:

The VOC emissions from the use of all adhesives, sealants, adhesive primers, or sealant primers subject to §§ 743 to 749 are reduced by an overall capture and control efficiency of at least eighty-five percent (85%) by weight;

The combustion temperature is continuously monitored if a thermal incinerator is operated;

Inlet and exhaust gas temperatures are continuously monitored if a catalytic incinerator is operated;

Control device efficiency is continuously monitored when a carbon absorber or control device other than a thermal or catalytic incinerator is operated; and

Operation records sufficient to demonstrate compliance with the requirements of this section are maintained as required by § 746.

744.6 Any person using adhesives, sealants, adhesive primers, sealant primers, or surface preparation or cleanup solvents subject to §§ 743 to 749 shall:

(a) Store or dispose of all absorbent materials, such as cloth or paper, which are moistened with adhesives, sealants, primers, or solvents subject to §§ 743 to 749, in non-absorbent containers that shall be closed except when placing materials in or removing materials from the container;

(b) Store all VOC-containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials in closed containers;

(c) Ensure that mixing and storage containers used for VOC-containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials are kept closed at all times except when depositing or removing these materials;

(d) Minimize spills of VOC-containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials;

(e) Convey VOC-containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials from one location to another in closed containers or pipes; and

(f) Minimize VOC emission from cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

744.7 No person shall solicit, require the use or specify the application of any adhesive, sealant, adhesive primer, sealant primer, surface preparation or cleanup solvent if such use or application results in a violation of the provisions of 20 DCMR chapter 7. The prohibition of this subdivision shall apply to all written or oral contracts under which any adhesive, sealant, adhesive primer, sealant primer, and surface preparation or cleanup solvent subject to §§ 743 to 749 is to be used at any location in the District of Columbia.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11351 (December 30, 2011).

20 DCMR § 745 ADHESIVES AND SEALANTS – EXEMPTIONS AND EXCEPTIONS

745.1 The provisions of §§ 743 through 749 shall not apply to the use or sale of the following compounds:

Adhesives, sealants, adhesive primers, or sealant primers being tested or evaluated in any research and development, quality assurance or analytical laboratory, provided records are maintained as required in § 746;

Adhesives, sealants, adhesive primers, and sealant primers that are subject to VOC standards in 20 DCMR § 720;

Adhesives and sealants that contain less than twenty grams (20 g.) of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied;

Cyanoacrylate adhesives;

Adhesives, sealants, adhesive primers, or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of sixteen (16) fluid ounces or less, or a net weight of one pound (1 lb.) or less, except plastic cement welding adhesives and contact adhesives; or

Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of one gallon (1 gal.) or less.

745.2 The requirements of §§ 743 through 749 shall not apply to the use of adhesives, sealants, adhesive primers, sealant primers, or surface preparation and cleanup solvents in the following operations:

Tire repair operations, provided the label on the adhesive states “For Tire Repair Only”;

In the assembly, repair, and manufacture of aerospace components or undersea-based weapon system components;

Medical equipment manufacturing; or

Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed before July 1, 1992.

745.3 The provisions of §§ 743 through 749 shall not apply to a person who uses or applies any adhesive, sealant, adhesive primer, and sealant primer at a stationary source if the total VOC emissions from all adhesives, sealants, adhesive primers, and sealant primers used at the stationary source are less than two hundred pounds (200 lb.) per calendar year, or an equivalent volume.

745.4 The provisions of § 744.2 and 744.4 shall not apply to the use of any adhesives, sealants, adhesive primers, sealant primers, cleanup solvents, and surface preparation solvents, provided the total volume of non-complying adhesives, sealants, primers, cleanup and surface preparation solvents applied facility-wide at a stationary source does not exceed fifty-five gallons (55 gal.) per calendar year.

745.5 Any person claiming an exemption pursuant to § 745.2(d) thru 745.4 shall record and maintain monthly operational records sufficient to demonstrate compliance, and in accordance with § 746.

745.6 Subsections 743 to 749 shall not apply to a manufacturer or distributor who sells, supplies or offers for sale in the District of Columbia any adhesive, sealant, adhesive primer, or sealant primer that does not comply with § 744.1 provided that such manufacturer or distributor makes and keeps records demonstrating:

The adhesive, sealant, adhesive primer, or sealant primer is intended for shipment and use outside of the District of Columbia; and

The manufacturer or distributor has taken reasonable precautions to assure that the adhesive, sealant, adhesive primer, or sealant primer is not distributed to, or within, the District of Columbia.

745.7 Subsection 745.6 shall not apply to any adhesive, sealant, adhesive primer, or sealant primer that is sold, supplied, or offered for sale by any person to a retail outlet in the District of Columbia.

745.8 Subsection 744.1 shall not apply to the sale of any adhesive, sealant, adhesive primer, or sealant primer to a person using add-on air pollution control equipment, pursuant to § 744.5, to comply with the requirements of §§ 743 to 749.

745.9 The VOC content limits specified in the Table of Standards in § 744.2 shall not apply to any manufacturer or distributor who sells, supplies, or offers for sale any single-ply roof membrane installation or repair adhesive, single-ply roof membrane sealant, or single-ply roof membrane adhesive primer before January 1, 2012.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11356 (December 30, 2011).

20 DCMR § 746 ADHESIVES AND SEALANTS – ADMINISTRATIVE REQUIREMENTS

746.1 Each person subject to §§ 743 through 749 shall maintain records demonstrating compliance with the regulations, including, but not limited to, the following information:

(a) A list of each adhesive, sealant, adhesive primer, sealant primer cleanup solvent, and surface preparation solvent in use and in storage;

(b) A data sheet or material list that provides the material name, manufacturer identification, and material application;

(d) The VOC content of each product as supplied;

(e) The final VOC content or vapor pressure, as applied; and

(f) The monthly volume of each adhesive, sealant, adhesive primer, sealant primer, cleanup or surface preparation solvent used.

746.2 Any person who complies with § 744.2 through the use of add-on air pollution control equipment shall record the key operating parameters for the control equipment, including, but not limited to, the following information:

(a) The volume used per day of each adhesive, sealant, adhesive primer, sealant primer, or solvent that is subject to a VOC content limit in the Table of Standards in § 744.2 and that exceeds such a limit;

(b) On a daily basis, the combustion temperature, inlet and exhaust gas temperatures, and control device efficiency, as appropriate, pursuant to § 744.5;

(d) All maintenance performed, including the date and type of maintenance.

746.3 All records made to determine compliance with this chapter shall be maintained for five (5) years from the date such record is created and shall be made available to the District of Columbia within ninety (90) days of a request.

746.4 For adhesives, sealants, adhesive primers, and sealant primers subject to the laboratory testing exemption pursuant to § 745.1(a), the person conducting the testing shall make and maintain records of all such materials used, including, but not limited to, the product name, the product category of the material or type of application, and the VOC content of each material.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11358 (December 30, 2011).

20 DCMR § 747 ADHESIVES AND SEALANTS – COMPLIANCE PROCEDURES AND TEST METHODS

747.1 Except as provided in § 747.3 through 747.5, the VOC and solids content of all non-aerosol adhesives, adhesive primers, surface preparation solvents, and cleanup solvents shall be determined using U.S. EPA Reference Method 24 (40 C.F.R. Part 60, Appendix A or SCAQMD Method 304).

747.2 The organic content of exempt organic compounds shall be determined using ASTM D4457-85, as applicable.

747.3 The VOC content of any plastic welding cement adhesive or primer shall be determined using SCAQMD Method 316A.

747.4 To determine if a diluent is a reactive diluent, the percent of the reactive organic compound that becomes an integral part of the finished materials shall be determined using SCAQMD Method 316A.

747.5 The composite vapor pressure of organic compounds in cleaning materials shall be determined by quantifying the amount of each compound in the blend using gas chromatographic analysis (ASTM E 260-91) for organics and ASTM D3792-79 for water content, as applicable, and the following equation:

where:

Ppc = VOC composite partial pressure at twenty degrees Celsius (20° C) or sixty-eight degrees Fahrenheit (68º F), in millimeters of mercury (mm. Hg);

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM E 260-91;

Ww = Weight of water, in grams as determined by ASTM D 3792-86;

We = Weight of the "i"th exempt compound, in grams, as determined by ASTM E 260-91;

Mwi = Molecular weight of the "i"th VOC compound, in grams per g-mole, as given in chemical reference literature;

Mww = Molecular weight of water, eighteen grams (18 g.) per g-mole;

Mwe = Molecular weight of the "i"th exempt compound, in grams per g-mole, as given in chemical reference literature; and

Vpi = Vapor pressure of the "i"th VOC compound at twenty degrees Celsius (20º C) or sixty-eight degrees Fahrenheit (68º F), in millimeters of mercury (mm. Hg), as determined by § 747.6.

747.6 The vapor pressure of each single component compound may be determined from ASTM D2879-86 or may be obtained from a published source approved by the District, such as the sources referenced in 40 C.F.R. § 52.741, or any of the following sources:

(a) The most recent edition of The Vapor Pressure of Pure Substances, Boulbik, Fried, and Hala; Elsevier Scientific Publishing Company, New York;

(b) The most recent edition of Perry’s Chemical Engineer’s Handbook, McGraw-Hill Book Company;

(d) The most recent edition of Lange’s Handbook of Chemistry, John Dean, editor, McGraw-Hill Book Company; or

(e) Additional sources approved by the SCAQMD or other California Air districts.

747.7 If air pollution control equipment is used to meet the requirements of §§ 743 to 749, the owner or operator shall make the following determinations:

(a) The measurement of capture efficiency shall be conducted and reported in accordance with the U.S. EPA Technical Document, “Guidelines for Determining Capture Efficiency,” issued January 9, 1995, or a District capture efficiency determination method approved by the U.S. EPA; and

(b) The measurement of control efficiency shall be in accordance with U.S. EPA Methods 25, 25A, 25B, or CARB Method 100.

747.8 The active and passive solvent losses from spray gun cleaning systems shall be determined using SCAQMD’s “General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems,” dated October 3, 1989. The test solvent for this determination shall be any lacquer thinner with a minimum vapor pressure of one hundred and five millimeters of mercury (105 mm. Hg) at twenty degrees Celsius (20º C) or sixty-eight degrees Fahrenheit (68° F), and the minimum test temperature shall be fifteen degrees Celsius (15º C) or fifty-nine degrees Fahrenheit (59° F).

747.9 For adhesives that do not contain reactive diluents, grams of VOC per liter of adhesive, less water and exempt compounds, shall be calculated according to the following equation:

Grams of VOC per liter of adhesive = Ws - Ww - We

Vm - Vw - Ve

where:

Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams;

Vm = volume of material, in liters;

Vw = volume of water, in liters; and

Ve = volume of exempt compounds, in liters.

747.10 For adhesives that contain reactive diluents, the VOC content of the adhesive is determined after curing. The grams of VOC per liter of adhesive, less water and exempt compounds, shall be calculated according to the following equation:

Grams of VOC per liter of adhesive = Wrs - Wrw - Wre

Vrm - Vrw - Vre

where:

Wrs = weight of volatile compounds not consumed during curing, in grams;

Wrw = weight of water not consumed during curing, in grams;

Wre = weight of exempt compounds not consumed during curing, in grams;

Vrm = volume of material not consumed during curing, in liters;

Vrw = volume of water not consumed during curing, in liters; and

Vre = volume of exempt compounds not consumed during curing, in liters.

747.11 Grams of VOC per liter of material shall be calculated according to the following equation:

Grams of VOC per liter of materials = Ws - Ww - We

where:

Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams; and

Vm = volume of material, in liters.

747.12 Percent VOC (% VOC) by weight shall be calculated according to the following equation:

% VOC by weight = [(Wv / W)] x 100

where:

Wv = weight of VOCs in grams; and

W = weight of material in grams.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11359 (December 30, 2011).

20 DCMR § 748 ADHESIVES AND SEALANTS – CONTAINER LABELING

748.1 Each manufacturer of an adhesive, sealant, adhesive primer, or sealant primer subject to §§ 743 to 749 shall display the following information on the product container or label:

(a) A statement of the manufacturer's recommendation regarding thinning, reducing, or mixing of the product, except that:

(1) This requirement does not apply to the thinning of a product with water; and

(2) If thinning of the product before use is unnecessary, the recommendation must specify that the product is to be applied without thinning;

(b) The maximum or the actual VOC content of the product in accordance with § 747, as supplied, displayed in grams of VOC per liter of product; and

(c) The maximum or the actual VOC content of the product in accordance with § 747, which includes the manufacturer’s maximum recommendation for thinning, as applied, displayed in grams of VOC per liter of product.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11363 (December 30, 2011).

20 DCMR § 749 ADHESIVES AND SEALANTS – APPLICATION METHODS

749.1 A person shall not apply a VOC-containing adhesive, adhesive primer, sealant, or sealant primer at a stationary source unless applied by one (1) of the following application methods using equipment operated in accordance with the specifications of the equipment manufacturer:

(a) Electrostatic application;

(b) High volume low pressure (HVLP) spraying;

(d) Roller coating or hand application methods, including non-spray application methods similar to hand or mechanically powered caulking gun, brush coating, or direct hand application methods;

(e) Dip coating (including electrodeposition coating):

(f) Airless spraying;

(g) Air-assisted airless spraying; or

(h) Other adhesive application method that a person has demonstrated and the Department has determined achieves a transfer efficiency equivalent to or better than that achieved by HVLP spraying.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11363 (December 30, 2011).

20 DCMR § 750 [RESERVED]

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11364 (December 30, 2011).

20 DCMR § 751 PORTABLE FUEL CONTAINERS AND SPOUTS – GENERAL REQUIREMENTS

751.1 The requirements of §§ 751 through 758 apply to any person who sells, supplies, offers for sale, advertises, or manufactures a portable fuel container or spout for use in the District of Columbia, except as provided in § 753.

751.2 No person shall sell, supply, offer for sale, advertise, or manufacture for sale in the District of Columbia a portable fuel container or spout, or combination portable fuel container and spout, thirty (30) days after the effective date of this regulation, unless said portable fuel container or spout, or combination portable fuel container and spout is covered by a CARB Executive Order, except as provided in § 753.

751.3 For purposes of §§ 752 through 758 and of any definitions in §799 applicable to §§ 752 through 758, the District incorporates by reference rules and test methods from the Code of Federal Regulations (C.F.R.), the California Air Resources Board (CARB), and Title 13, California Code of Regulations, §§ 2250 through 2298, where specifically cited.

751.4 Each part of §§ 751 through 758 shall be deemed severable, and if any part is held to be invalid, the remainder continues in full force.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11364 (December 30, 2011).

20 DCMR § 752 PORTABLE FUEL CONTAINERS AND SPOUTS –PERFORMANCE STANDARDS AND TEST PROCEDURES

752.1 Except as provided in § 753, every portable fuel container, spout, or combination portable fuel container and spout, produced thirty (30) days after the effective date of this regulation, that is manufactured for sale, advertised for sale, sold, or offered for sale in the District of Columbia or that is introduced, delivered, or imported into the District of Columbia for introduction into commerce and that is subject to any of the standards prescribed in this article and documents incorporated by reference therein, must be certified for use and sale by the manufacturer through CARB and covered by a CARB Executive Order.

752.2 The criteria for obtaining certification, including all test procedures for determining certification and compliance with the standards applicable to portable fuel containers, spouts, or combination portable fuel containers and spouts produced thirty (30) days after the effective date of this regulation, that are manufactured for sale, advertised for sale, sold, or offered for sale in the District of Columbia, or that are introduced, delivered, or imported into the District of Columbia for introduction into commerce and that are subject to any of the standards prescribed in this article and documents incorporated by reference therein are set forth in “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB July 26, 2006, including any subsequent amendments.

752.3 Compliance with the performance standards in § 752 or the certification and compliance standards specified in § 755 does not exempt spill-proof systems or spill-proof spouts from compliance with other applicable federal and District of Columbia statutes and regulations, including, but not limited to, fire codes, safety codes, and other safety regulations.

752.4 Notwithstanding the provisions of § 752.1, a portable fuel container or spout or combination portable fuel container and spout manufactured before thirty (30) days after the effective date of this regulation, may be sold, supplied, or offered for sale until one (1) year starting thirty (30) days after the effective date of this regulation, if it is labeled or designated for use solely with kerosene and if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11365 (December 30, 2011).

20 DCMR § 753 PORTABLE FUEL CONTAINERS AND SPOUTS – EXEMPTIONS

753.1 The following shall be exempt from compliance with §§ 751 through 758:

(a) Any portable fuel container or spout manufactured in the District of Columbia for shipment, sale, and use outside of the District of Columbia;

(b) A manufacturer or distributor who sells, supplies, or offers for sale in the District of Columbia, a portable fuel container or spout or combination portable fuel container and spout that does not comply with the performance standards § 752 or the certification and compliance standards specified in § 755, as long as the manufacturer or distributor can demonstrate that:

The portable fuel container or spout or combination portable fuel container and spout is intended for shipment and use outside of the District of Columbia; and

The manufacturer or distributor has taken reasonable prudent precautions to ensure that the portable fuel container or spout or combination portable fuel container and spout is not distributed in the District of Columbia;

(c) Paragraph (b) of this subsection does not apply to portable fuel containers or spouts or combination portable fuel containers and spouts that are sold, supplied, or offered for sale by any person to retail outlets in the District of Columbia;

(d) Safety cans meeting the requirements of Chapter 17, Title 29, Part 1926, Subpart F of the Code of Federal Regulations (29 C.F.R. §§ 1926.150, et seq.);

(e) Portable fuel containers with a nominal capacity less than or equal to one quart (1 qt.);

(f) Rapid refueling devices with nominal capacities greater than or equal to four gallons (4 gal.), provided such devices are designed for use in officially sanctioned off-highway motor sports, such as car racing or motorcycle competitions, or either create a leak-proof seal against a stock target fuel tank, or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank;

(g) Portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine; and

(h) Closed-system portable fuel containers that are used exclusively for fueling remote control airplanes.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11366 (December 30, 2011).

20 DCMR § 754 PORTABLE FUEL CONTAINERS AND SPOUTS – LABELING REQUIREMENTS

754.1 Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with § 752 must clearly display the following on each spill-proof system:

(a) The phrase “Spill-Proof System”;

(b) A date of manufacture or date code; and

(c) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container or portable fuel container and spout.

754.2 Each manufacturer of a spout subject to and complying with §752 must clearly display the following on the accompanying package, or spout sold without packaging, on either the spout or a label affixed to the spout:

(a) The phrase “Spill-Proof Spout”;

(b) A date of manufacture or date code; and

(c) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container or portable fuel container and spout.

754.3 Each manufacturer subject to § 754.1 and 754.2 shall file an explanation of both the date code and representative code with the Department no later than the later of three (3) months after the effective date of this regulation or within three (3) months of production, and within three (3) months after any change in coding.

754.4 Each manufacturer of a spout subject to § 754.2 shall clearly display the make, model number, and size of only those portable fuel containers the spout is designed to accommodate and can demonstrate compliance with § 752, on the accompanying package, or for spouts sold without packaging, on either the spout, or a label affixed to the spout.

754.5 Manufacturers of portable fuel containers or portable fuel containers and spouts not subject to or not in compliance with § 752 shall not display the phrase “Spill-Proof System” or “Spill-Proof Spout” on the portable fuel container or spout, respectively, on any sticker or label affixed to the product, or on any accompanying package.

754.6 Each manufacturer of a portable fuel container or spout subject to and complying with § 752 that due to its design or other features cannot be used to refuel one (1) or more on-road motor vehicle, must clearly display the phrase “Not Intended For Refueling On-Road Motor Vehicles” in type of thirty-four (34) point or greater on each of the following:

(a) For a portable fuel container or portable fuel container and spout sold together as a spill-proof system, on the system or on a label affixed thereto, and on the accompanying package, if any; and

(b) For a spill-proof spout sold separately from a spill-proof system, on either the spill-proof spout, or a label affixed thereto, and on the accompanying package, if any.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11367 (December 30, 2011).

20 DCMR § 755 PORTABLE FUEL CONTAINERS AND SPOUTS – CERTIFICATION AND COMPLIANCE TEST PROCEDURES

755.1 Testing to determine compliance with § 752 shall be performed by using test procedures specified in “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB on July 26, 2006, including any subsequent amendments, which are incorporated by reference herein.

755.2 Alternative methods that are shown to be accurate, precise, and appropriate may be used upon written approval of the Department.

755.3 Test procedures referred to in this section can be obtained from the Department and may be available at http://www.arb.ca.gov.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11368 (December 30, 2011).

20 DCMR § 756 PORTABLE FUEL CONTAINERS AND SPOUTS – ENFORCEMENT

756.1 If the Department finds any manufacturer, distributor, or retailer manufacturing for sale, advertising for sale, selling, or offering for sale in the District of Columbia a portable fuel container or spout, or both portable fuel container and spout that does not comply with the requirements set forth in this article, the Department may enjoin said manufacturer, distributor, or retailer from any further manufacture, advertisement, sales, offers for sale, or distribution of such noncompliant portable fuel containers or spouts or combination portable fuel containers and spouts, in the District of Columbia pursuant to 20 DCMR chapter 1. The Department may also assess penalties to the extent permissible under 20 DCMR § 105.

756.2 Before seeking remedial action against any manufacturer, distributor, or retailer, the Department will consider any information provided by the manufacturer, distributor, or retailer.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11368 (December 30, 2011).

20 DCMR § 757 PORTABLE FUEL CONTAINERS AND SPOUTS – INNOVATIVE PRODUCT EXEMPTION

757.1 Portable fuel containers, spouts, or combination portable fuel containers and spouts which have been granted an innovative product exemption by the CARB, shall be exempt from the requirements in §752 for the period of time that the CARB Innovative Products exemption remains in effect.

757.2 Any manufacturer claiming an exemption on the CARB Innovative Products basis shall submit to the Department, a copy of the CARB exemption decision, including but not limited to, the executive order and all conditions established by CARB applicable to the exemption.

757.3 The District may exempt a portable fuel container or spout from one (1) or more of the requirements of § 752 if a manufacturer demonstrates by clear and convincing evidence that, due to the product’s design, delivery system, or other factors, the use of the product will result in cumulative VOC emissions below the highest emitting representative spill-proof system or representative spill-proof spout in its product category as determined from applicable testing.

757.4 For the purposes of this section, a “representative spill-proof system” or a “representative spill-proof spout” means a portable fuel container, spout, or combination portable fuel container and spout which, at the time of exemption, meets the performance standards specified in § 752 or the Certification Requirements Specified in “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB July 26, 2006, including any subsequent amendments.

757.5 A manufacturer shall submit an application in writing to the Department for an innovative product exemption according to the following requirements:

(a) The application must include the supporting documentation that quantifies the emissions from the innovative product, including the actual physical test methods used to generate the data;

(b) The applicant must provide any information necessary to enable the Department to establish enforceable conditions for granting the exemption; and

(c) All information including proprietary data submitted by a manufacturer pursuant to this section shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106.

757.6 Within thirty (30) days of receipt of the exemption application, the Department shall notify the applicant in writing either that the application is complete or that additional information or testing is required before it can be deemed complete;

757.7 Within ninety (90) days after an application has been deemed complete, the Department will determine whether, under what conditions, and to what extent, an exemption from the requirements of § 752 will be permitted:

(a) The applicant and the Department may mutually agree to a longer time period for reaching a decision;

(b) An applicant may submit additional supporting documentation before a decision has been reached; and

(c) The Department shall notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from use of the product will meet the performance standards specified in § 752, and that such emissions reductions can be enforced.

757.8 In granting an innovative product exemption for a portable fuel container or spout, the Department shall specify the test methods for determining conformance to the conditions established, which may include criteria for reproducibility, accuracy, and sampling and laboratory procedures.

757.9 For any portable fuel container or spout for which an innovative product exemption has been granted pursuant to this section, the manufacturer shall notify the Department in writing at least thirty (30) days before the manufacturer changes a product’s design, delivery system, or other factors that may affect the VOC emissions during recommended usage; the manufacturer shall notify the Department within thirty (30) days after the manufacturer learns of any information that would alter the emissions estimates submitted to the Department in support of the exemption application.

757.10 If the Performance Standards specified in § 752 are amended for a product category, all innovative product exemptions granted for products in the product category, except as provided in § 757.11, have no effect as of the effective date of the amended performance standards.

757.11 If the Department believes that a portable fuel container or spout for which an exemption has been granted no longer meets the criteria for an innovative product specified in this section, the Department may hold a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq. (2006 Repl.), before a final determination.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11369 (December 30, 2011).

20 DCMR § 758 PORTABLE FUEL CONTAINERS AND SPOUTS – VARIANCE

758.1 Portable fuel containers, spouts, or combination portable fuel containers and spouts, which have been granted a variance by CARB, shall be exempt from the requirements in § 752 for the period of time that the CARB variance remains in effect.

758.2 Any manufacturer claiming such a variance on this basis must submit to the Department a copy of the CARB variance decision (such as, the Executive Order), including all conditions established by CARB as applicable to the variance.

758.3 Any person or manufacturer who cannot comply with the requirements set forth in § 752, due to extraordinary reasons beyond the person’s reasonable control, may apply in writing to the Department for a variance. The variance application shall include the following information:

(a) The specific grounds upon which the variance is sought;

(b) The proposed dates by which compliance with the provisions of § 752 will be achieved; and

758.4 No variance shall be granted by the Department unless all of the following findings are made:

(a) Due to circumstances beyond the reasonable control of the applicant, required compliance with § 752 would result in extraordinary economic hardship;

(b) The public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and

(c) The compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible.

758.5 Any approval of a variance by the Department shall specify a final compliance date wherein compliance with the requirements of § 752 will be achieved. Any approval of a variance shall contain a condition that specifies increments of progress necessary to ensure timely compliance, and such other conditions that the Department, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of this regulation.

758.6 A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance.

758.7 Upon the application of any person, the Department may review, and for good cause, modify or revoke a variance from requirements of § 752 after holding a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq. (2006 Repl.).

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11371 (December 30, 2011).

20 DCMR § 759 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11372 (December 30, 2011).

20 DCMR § 760 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11372 (December 30, 2011).

20 DCMR § 761 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11372 (December 30, 2011).

20 DCMR § 762 SCREEN PRINTING

762.1 Except as provided in § 762.2, any person who owns or operates screen printing equipment that emits or has the potential to emit, before controls, VOC emissions from all screen printing at the premises of:

(a) Fifteen (15) pounds or more per day shall comply with the requirements of this section § 762.2 through § 762.12(a); and

(b) Less than fifteen (15) pounds per day shall comply with the requirements in § 762.7 through § 762.11 and § 762.12(b).

762.2 If part or all of any printing operation involving VOC emissions is not specifically controlled by the requirements of this section, then the VOC-related emission operation or part of the operation shall be governed by the other requirements of this chapter.

762.3 The VOC content of ink shall not exceed the limits in Table I after December 31, 2020:

Table I. Allowable VOC Content of Ink used in Screen Printing

Ink Category

VOC Regulatory Limit As Applied*

Limit*

(Pounds per gallon)

(Grams per liter)

Overprint varnish on any substrate

6.03

723

Screen printing on any substrate other than untreated sign paper

3.3

396

Screen printing on untreated sign paper

5.6

671

Specialty inks:

Acid/etch resist ink

3.3

396

Anoprint ink

3.1

372

Conductive ink

8.0

960

Electroluminescent ink

8.0

960

*VOC regulatory limit as applied = Weight of VOC per volume of coating (prepared to manufacturer’s recommended maximum VOC content, minus water and non-VOC solvents)

762.4 As an alternative to § 762.3, compliance with the requirements of § 762 may be met if a control device is installed and operated pursuant to § 107 of this title that reduces emissions from the screen printing dryer by not less than ninety (90) percent overall.

762.5 The VOC content of any screen reclamation and ink or haze removal product shall not exceed the limits in Table II after December 31, 2020:

Table II. Allowable VOC Content of Screen Reclamation and Ink or Haze Removal Used in Screen Printing

20 DCMR § 763 SOLVENT CLEANING – GENERAL REQUIREMENTS

763.1 Sections 763 through 769 shall apply to any person who sells, supplies, offers for sale, or manufactures any solvent on or after January 1, 2005, for use in the District of Columbia.

763.2 For purposes of §§ 763 through 769 and any of the definitions in §799 applicable to §§ 763 through 769, the District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.

763.3 Each part of §§ 763 through 769 shall be deemed severable, and if any part is held to be invalid, the remainder shall continue in full force.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11372 (December 30, 2011).

20 DCMR § 764 SOLVENT CLEANING – COLD CLEANING

764.1 This section applies to all cold cleaning machines that process metal parts and contain more than one liter (1 L) of VOC. The provisions of this section shall not apply if the owner and operator of the cold cleaning machine demonstrates, and the District approves in writing, that compliance with this section will result in unsafe operating conditions.

764.2 Immersion cold cleaning machines shall have a freeboard ratio of seventy-five one hundredths (0.75) or greater, unless the machines are equipped with covers that are kept closed except when parts are being placed into or are being removed from the machine.

764.3 Immersion cold cleaning machines and remote reservoir cold cleaning machines shall:

(a) Have a permanent, conspicuous label summarizing the operating requirements in § 764.4; and

(b) Be equipped with a cover that shall be closed at all times except during cleaning of parts or the addition or removal of solvent. For remote reservoir cold cleaning machines that drain directly into the solvent storage reservoir, a perforated drain with a diameter of not more than six inches (6 in.) shall constitute an acceptable cover.

764.4 Cold cleaning machines shall be operated in accordance with the following procedures:

(a) Waste solvent shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container;

(b) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer;

(1) Parts having cavities or blind holes shall be tipped or rotated while the part is draining; and

(2) During the draining, tipping or rotating, the parts shall be positioned so that solvent drains directly back to the cold cleaning machine;

(c) Flushing of parts using a flexible hose or other flushing device shall be performed only within the freeboard area of the cold cleaning machine. The solvent spray shall be a solid fluid stream, not an atomized or shower spray, at a pressure that does not exceed ten pounds (10 lb.) per square inch gauge (psig);

(d) The owner or operator shall ensure that when the cover is open, the cold cleaning machine is not exposed to drafts greater than forty meters (40 m.) per minute (one hundred thirty-two feet (132 ft.) per minute), as measured between one meter (1 m.) and two meters (2 m.) (three and three tenths feet (3.3 ft.) and six and six tenths feet (6.6 ft.) upwind, and at the same elevation as the tank lip;

(e) Sponges, fabric, wood, leather, paper products, and other absorbent materials shall not be cleaned in the cold cleaning machine;

(f) When a pump-agitated solvent bath is used, the agitator shall be operated to produce a rolling motion of the solvent with no observable splashing of the solvent against the tank walls or the parts being cleaned. Air-agitated solvent baths may not be used;

(g) Spills during solvent transfer and use of the cold cleaning machine shall be cleaned up immediately, and the wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(h) Work area fans shall be located and positioned so that they do not blow across the opening of the degreaser unit; and

(i) The owner or operator shall ensure that the solvent level does not exceed the fill line.

764.5 Any solvent for use in a cold cleaning machine shall not have a vapor pressure of one millimeter of mercury (1.0 mm. Hg) or greater, measured at twenty degrees Celsius (20o C) or sixty-eight degrees Fahrenheit (68° F) containing VOCs;

764.6 A person who sells or offers for sale any solvent containing VOCs for use in a cold cleaning machine shall provide the following written information to the purchaser:

(a) The name and address of the solvent supplier;

(b) The type of solvent, including the product or vendor identification number; and

(c) The vapor pressure of the solvent, measured in millimeters of mercury (mm Hg) at twenty degrees Celsius (20o C) or sixty-eight degrees Fahrenheit (68° F); and

764.7 A person who operates a cold cleaning machine shall maintain for not less than two (2) years and shall provide to the Department, on request, the information specified in § 764.6. An invoice, bill of sale, certificate that corresponds to a number of sales, Material Safety Data Sheet (MSDS), or other appropriate documentation acceptable to the Department may be used to comply with this section.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11372 (December 30, 2011).

20 DCMR § 765 SOLVENT CLEANING – BATCH VAPOR CLEANING

765.1 This section applies to batch vapor cleaning machines that process metal parts.

765.2 Batch vapor cleaning machines shall be equipped with:

(a) Either a fully enclosed design, or a working and downtime mode cover that completely covers the cleaning machine openings when in place, is free of cracks, holes, and other defects, and can be readily opened or closed without disturbing the vapor zone;

(1) If the solvent cleaning machine opening is greater than ten square feet (10 sq. ft.), the cover must be powered; and

(2) If a lip exhaust is used, the closed cover shall be below the level of the lip exhaust;

(b) Sides that result in a freeboard ratio greater than or equal to seventy-five one hundredths (0.75);

(c) A safety switch (thermostat and condenser flow switch) that shuts off the sump heat if the coolant is not circulating;

(d) A vapor up control switch that shuts off the spray pump if vapor is not present;

(e) An automated parts handling system that moves the parts or parts baskets at a speed of eleven feet (11 ft.) (three and four tenths meters (3.4 m.)) per minute or less when the parts are entering or exiting the vapor zone. If the parts basket or parts being cleaned occupy more than fifty percent (50%) of the solvent/air interface area, the speed of the parts basket or parts shall not exceed three feet (3 ft.) per minute;

(f) A device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils;

(g) A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser;

(h) A primary condenser;

(i) A vapor cleaning machine that uses a lip exhaust shall be designed and operated to route all collected solvent vapors through a properly operated and maintained carbon adsorber such that the concentration of organic solvent in the exhaust does not exceed one hundred parts per million (100 ppm); and

(j) A permanent, conspicuous label summarizing the operating requirements found in § 765.5.

765.3 In addition to the requirements in § 765.2, the operator of a batch vapor cleaning machine with a solvent/air interface area of thirteen square feet (13 sq. ft.) or less shall use one of the following devices or strategies:

(a) A working mode cover, freeboard ratio of one (1.0), and superheated vapor;

(b) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and superheated vapor;

(c) A working mode cover and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point;

(d) Reduced room draft, freeboard ratio of one (1.0), and superheated vapor;

(e) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and reduced room draft;

(f) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and a freeboard ratio of one (1.0);

(g) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and dwell. Dwell shall be not less than thirty-five percent (35%) of the dwell time determined for the part or parts;

(h) Reduced room draft, dwell, and a freeboard ratio of one (1.0);

(i) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed one hundred parts per million (100 ppm) at any time; and

(j) A freeboard ratio of one (1.0), superheated vapor, and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed one hundred parts per million (100 ppm) at any time.

765.4 In addition to the requirements of § 765.2, the operator of a batch vapor cleaning machine with a solvent/air interface area of greater than thirteen square feet (13 sq. ft.) shall use one of the following devices or strategies:

(a) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, a freeboard ratio of one (1.0), and superheated vapor;

(b) Dwell and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, and reduced room draft. Dwell shall be not less than thirty-five percent (35%) of the dwell time determined for the part or parts;

(c) A working mode cover and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and superheated vapor;

(d) Reduced room draft, freeboard ratio of one (1.0), and superheated vapor;

(e) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, reduced room draft, and superheated vapor;

(f) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, reduced room draft, and a freeboard ratio of one (1.0); or

(g) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, superheated vapor, and a carbon adsorber, which reduces solvent emissions in the exhaust to a level not to exceed one hundred parts per million (100 ppm) at any time.

765.5 Batch vapor cleaning machines shall be operated in accordance with the following procedures:

(a) Waste solvent, still bottoms, and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief but does not allow liquid solvent to drain from the container;

(b) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer:

(1) Parts having cavities or blind holes shall be tipped or rotated while the part is draining; and

(2) A superheated vapor system shall be an acceptable alternate technology;

(d) Flushing or spraying of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the batch vapor cleaning machine or within a section of the machine that is not exposed to the ambient air. The solvent spray shall be a solid fluid stream, not an atomized or shower spray;

(e) When the cover is open, the batch vapor cleaning machine shall not be exposed to drafts greater than forty meters (40 m.) per minute (one hundred thirty-two feet (132 ft.) per minute), as measured between one meter (1 m.) and two meters (2 m.) (three and three tenths feet (3.3 ft.) and six and six tenths feet (6.6 ft.) upwind and at the same elevation as the tank lip;

(f) Sponges, fabric, wood, leather, paper products, and other absorbent materials shall not be cleaned in the batch vapor cleaning machine;

(g) Spills during solvent transfer and use of the batch vapor cleaning machine shall be cleaned up immediately or the machine shall be shut down. Wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(h) Work area fans shall be located and positioned so that they do not blow across the opening of the batch vapor cleaning machine;

(i) During startup of the batch vapor cleaning machine the primary condenser shall be turned on before the sump heater;

(j) During shutdown of the batch vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off;

(k) When solvent is added to or drained from the batch vapor cleaning machine, the solvent shall be transferred using threaded or other leak proof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface;

(l) The working and downtime covers shall be closed at all times except during parts entry and exit from the machine, during maintenance of the machine when the solvent has been removed, and during addition of solvent to the machine; and

(m) If a lip exhaust is used on the open top vapor degreaser, the ventilation rate shall not exceed twenty meters cubed per minute per meters squared (20 m.3/min./m.2) or sixty-five feet cubed per minute per feet squared (65 ft.3/min./ft.2) of degreaser open area, unless a higher rate is necessary to meet federal Occupational Safety & Health Administration (OSHA) requirements.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11374 (December 30, 2011).

20 DCMR § 766 SOLVENT CLEANING – IN-LINE VAPOR CLEANING

766.1 This section applies to in-line vapor cleaning machines.

766.2 In-line vapor cleaning machines shall be equipped with:

(b) A safety switch (thermostat and condenser flow switch) that shuts off the sump heat if the coolant is not circulating;

(d) A vapor up control switch;

(e) An automated parts handling system that moves the parts or parts baskets at a speed of eleven feet (11 ft.) or three and four tenths meters (3.4 m.) per minute or less when the parts are entering or exiting the vapor zone. If the parts basket or parts being cleaned occupy more than fifty percent (50%) of the solvent/air interface area, the speed of the parts basket or parts shall not exceed three feet per minute (3 ft./min.);

(f) A device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils;

(g) A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser;

(h) A permanent, conspicuous label summarizing the operating requirements in § 766.4;

(i) A primary condenser; and

(j) Each machine that uses a lip exhaust shall be designed and operated to route all collected solvent vapors through a properly operated and maintained carbon adsorber such that the concentration of organic solvent in the exhaust does not exceed one hundred parts per million (100 ppm).

766.3 The operator of an in-line vapor cleaning machine shall use one (1) of the following devices or strategies:

(a) A freeboard ratio of one (1.0) and superheated vapor;

(b) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and a freeboard ratio of one (1.0);

(c) Dwell and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point. Dwell shall be not less than thirty-five percent (35%) of the dwell time determined for the part or parts; or

(d) Dwell and a carbon adsorber, which reduces solvent emissions in the exhaust to a level not to exceed one hundred parts per million (100 ppm) at any time. Dwell shall be not less than thirty-five percent (35%) of the dwell time determined for the part or parts.

766.4 In-line vapor cleaning machines shall be operated in accordance with the following procedures:

(a) Waste solvent, still bottoms, and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container;

(b) Parts shall be oriented so that the solvent drains freely from the parts;

(1) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer; and

(2) Parts having cavities or blind holes shall be tipped or rotated while the part is draining;

(d) Flushing or spraying of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the in-line vapor cleaning machine or within a section of the machine that is not exposed to the ambient air. The solvent spray shall be a solid fluid stream, not an atomized or shower spray;

(e) Sponges, fabric, wood, leather, paper products, and other absorbent materials shall not be cleaned in the in-line vapor cleaning machine;

(f) Spills during solvent transfer and use of the in-line vapor cleaning machine shall be cleaned up immediately, and the wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(g) Workplace fans shall not be used near the degreaser opening unless a higher rate is necessary to meet federal Occupational Safety & Health Administration (OSHA) requirements;

(h) During startup of the in-line vapor cleaning machine the primary condenser shall be turned on before the sump heater;

(i) During shutdown of the in-line vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off;

(j) Spraying operations shall be done in the vapor zone or within a section of the machine that is not exposed to the ambient air;

(k) When solvent is added to or drained from the in-line vapor cleaning machine, the solvent shall be transferred using threaded or other leak proof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface; and

(l) Openings shall be minimized during operations so that entrances and exits silhouette workloads with an average clearance between the parts and the edge of the degreaser opening of less than ten centimeters (10 cm.) or four inches (4 in.) or less than ten percent (10%) of the width of the opening.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11379 (December 30, 2011).

20 DCMR § 767 SOLVENT CLEANING – AIRLESS AND AIR-TIGHT CLEANING

767.1 This section applies to airless cleaning machines and air-tight cleaning machines that process metal parts.

767.2 The operator of each machine shall maintain a log of solvent additions and deletions for each machine that includes the weight of solvent contained in activated carbon or other absorbent materials used to control emissions from the cleaning machine;

767.3 The operator of each machine shall demonstrate that the emissions from each machine, on a three (3) month rolling average, are equal to or less than the allowable limit determined by the use of Table I in this section or the following equation if the volume of the cleaning machine exceeds two and ninety-five one hundredths cubic meters (2.95 m.3):

EL = 330 (vol.)0.6

where:

EL = the three-month rolling average monthly emission limit (kilograms/month);

vol. = the cleaning capacity of machine (cubic meters);

Table I. Emission Limits for Cleaning Machines without a Solvent/Air Interface

Cleaning Capacity

(m.3)

3-Month rolling average monthly emission limit (kilograms/month)

Cleaning Capacity

(m.3)

3-Month rolling average monthly emission limit (kilograms/month)

Cleaning Capacity

(m.3)

3-Month rolling average monthly emission limit (kilograms/month)

0.00

1.00

330

2.00

500

0.05

1.05

340

2.05

508

0.10

1.10

349

2.10

515

0.15

106

1.15

359

2.15

522

0.20

126

1.20

368

2.20

530

0.25

144

1.25

377

2.25

537

0.30

160

1.30

386

2.30

544

0.35

176

1.35

395

2.35

551

0.40

190

1.40

404

2.40

558

0.45

204

1.45

412

2.45

565

0.50

218

1.50

421

2.50

572

0.55

231

1.55

429

2.55

579

0.60

243

1.60

438

2.60

585

0.65

255

1.65

446

2.65

592

0.70

266

1.70

454

2.70

599

0.75

278

1.75

462

2.75

605

0.80

289

1.80

470

2.80

612

0.85

299

1.85

477

2.85

619

0.90

310

1.90

485

2.90

625

0.95

320

1.95

493

2.95

632

The operator of each machine shall operate the machine in conformance

with the manufacturer’s instructions and good air pollution control practices;

The operator of each machine equipped with a solvent adsorber shall

measure and record the concentration of solvent in the exhaust of the carbon adsorber weekly with a colorimetric detector tube designed to measure a concentration of one hundred parts per million (100 ppm) by volume of solvent to air at an accuracy of plus or minus twenty-five parts per million (25 ppm) by volume. This test shall be conducted while the solvent cleaning machine is in the working mode and is venting to the adsorber;

767.6 The operator of each machine equipped with a solvent adsorber shall maintain and operate the machine and adsorber system so that emissions from the adsorber exhaust do not exceed one hundred parts per million (100 ppm) by volume, measured while the solvent cleaning machine is in the working mode and is venting to the adsorber;

767.7 The machine shall be equipped with a permanent, conspicuous label summarizing the operating requirements in § 767.8;

767.8 Airless cleaning machines and air-tight cleaning machines shall be operated in accordance with the following procedures:

(b) Parts shall be oriented so that the solvent drains freely from the parts:

(1) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer; and

(2) Parts having cavities or blind holes shall be tipped or rotated while the part is draining;

(d) Sponges, fabric, wood, leather, paper products and other absorbent materials shall not be cleaned in the airless cleaning machines and air-tight cleaning machines;

(e) Spills during solvent transfer and use of the airless cleaning machines and air-tight cleaning machines shall be cleaned up immediately, and the wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(f) Work area fans shall be located and positioned so that they do not blow across the airless cleaning machine and air-tight cleaning machine;

(g) Spraying operations shall be done in the vapor zone or within a section of the machine that is not exposed to the ambient air; and

(h) Solvents shall be transferred using threaded or other leak proof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface when solvent is added to or drained from the airless cleaning machine and air-tight cleaning machine.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11381 (December 30, 2011).

20 DCMR § 768 SOLVENT CLEANING – ALTERNATIVE COMPLIANCE

768.1 As an alternative to complying with the provisions of §§ 764 through 767, the operator of a solvent cleaning machine may demonstrate compliance with § 768.3 and 768.4.

768.2 The operator shall maintain records sufficient to demonstrate compliance. The records, which shall be maintained for not less than two (2) years, shall include, at a minimum, the quantity of solvent added to and removed from the solvent cleaning machine, and the dates of the addition and removal.

768.3 If the cleaning machine has a solvent/air interface, the owner or operator shall:

(a) Maintain a log of solvent additions and deletions for each solvent cleaning machine; and

(b) Ensure that emissions from each solvent cleaning machine are equal to or less than the applicable emission limit presented in Table II of this section.

Table II. Emission limits for Batch Vapor and In-Line Solvent Cleaning Machines with a Solvent/Air Interface

Solvent Cleaning Machine

Three (3) Month Rolling Average

(kg./m.2/month)

Monthly Emission Limit:

(lb./ft.2/month)

Solvent cleaning machines batch vapor

150

30.7

Existing in-line solvent cleaning machines

153

31.3

New in-line solvent cleaning machines

20.2

768.4 If the cleaning machine is a batch vapor cleaning machine and does not have a solvent/air interface, the owner or operator shall:

(a) Maintain a log of solvent additions and deletions for each solvent cleaning machine; and

(b) Ensure that the emissions from each solvent cleaning machine are equal to or less than the appropriate limits as described in § 768.5 and 768.6. Each owner or operator of a batch vapor or in-line cleaning machine shall demonstrate compliance with the applicable three (3) month rolling average monthly emission limit on a monthly basis.

768.5 For cleaning machines with a cleaning capacity that is less than or equal to two and ninety-five one hundredths cubic meters (2.95 m.3), the emission limit shall be determined using Table I in § 767.3 or the equation in § 768.6. If the table is used, and the cleaning capacity of the cleaning machine falls between two cleaning capacity sizes, then the lower of the two (2) emission limits applies;

768.6 For cleaning machines with a cleaning capacity that is greater than two and ninety-five one hundredths cubic meters (2.95 m.3), the emission limit shall be determined using the following equation:

EL = 330 (vol)0.6

where:

EL = the three (3) month rolling average monthly emission limit (kilograms/month);

vol = the cleaning capacity of machine (cubic meters);

768.7 Each owner or operator of a batch vapor or in-line solvent cleaning machine shall demonstrate compliance with the applicable three (3) month rolling average monthly emission limit on a monthly basis. If the applicable three (3) month rolling average emission limit is not met, an exceedance has occurred. All exceedances shall be reported to the District within thirty (30) days of the determination of the exceedance.

768.8 The owner or operator of a batch vapor or in-line solvent cleaning machine shall maintain records and determine compliance in accordance with the following:

(a) On the first operating day of every month ensure that the solvent cleaning machine system contains only clean liquid solvent;

(1) This includes, but is not limited to, fresh unused solvent, recycled solvent, and used solvent that has been cleaned of soils;

(2) A fill line must be indicated during the first month the measurements are made;

(3) The solvent level within the machine must be returned to the same fill-line each month, immediately before calculating monthly emissions; and

(4) The solvent cleaning machine does not have to be emptied and filled with fresh unused solvent before the calculations.

(b) Using the records of all solvent additions and deletions for the previous monthly reporting period, determine solvent emissions using one (1) of the following equations:

(1) For cleaning machines with a solvent/air interface:

where:

E = the total halogenated HAP solvent emissions

from the solvent cleaning machine during the

most recent monthly reporting period

(kilograms of solvent per square meter of

solvent/air interface area per month);

SA = the total amount of halogenated HAP liquid solvent added to the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

LSR = the total amount of halogenated HAP liquid solvent removed from the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

SSR = the total amount of halogenated HAP solvent removed from the solvent cleaning machine in solid waste during the most recent monthly reporting period (kilograms of solvent per month) determined from tests conducted using EPA reference method 25d or by engineering calculations included in the compliance report;

Area = the solvent/air interface area of the solvent cleaning machine (square meters); or

(2) For cleaning machines without a solvent/air interface:

E = SA-LSR-SSR

where:

E = the total halogenated HAP solvent emissions from the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

SA = the total amount of halogenated HAP liquid solvent added to the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

LSR = the total amount of halogenated HAP liquid solvent removed from the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

SSR = the total amount of halogenated HAP solvent removed from the solvent cleaning machine in solid waste during the most recent monthly reporting period (kilograms of solvent per month) determined from tests conducted using EPA reference method 25d (40 C.F.R. § 60) or by engineering calculations included in the compliance report; and

(c) Determine the monthly rolling average, EA, for the three (3) month period ending with the most recent reporting period using one (1) of the following equations:

(1) For cleaning machines with a solvent/air interface:

where:

EA = the average halogenated HAP solvent emissions

over the preceding three (3) monthly reporting

periods, (kilograms of solvent per square meter

of solvent/air interface area per month);

E = halogenated HAP solvent emissions for each month (j) for the most recent three (3) monthly reporting periods (kilograms of solvent per square meter of solvent/air interface area);

j=1 = the most recent monthly reporting period;

j=2 = the monthly reporting period immediately before j=1;

j=3 = the monthly reporting period immediately before j=2; or

(2) For cleaning machines without a solvent/air interface:

where:

EA = the average halogenated HAP solvent emissions over the preceding three (3) monthly reporting periods (kilograms of solvent per month);

E = halogenated HAP solvent emissions for each month (j) for the most recent three (3) monthly reporting periods (kilograms of solvent per month);

j=1 = the most recent monthly reporting period;

j=2 = the monthly reporting period immediately before j=1;

j=3 = the monthly reporting period immediately before j=2.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11384 (December 30, 2011).

20 DCMR § 769 SOLVENT CLEANING – RECORDKEEPING AND MONITORING

769.1 The operator of a solvent cleaning machine subject to §§ 764 through 767 shall conduct monitoring and record keeping as follows:

(a) If a freeboard refrigeration device is used to comply with these standards, the owner or operator shall use a thermometer or thermocouple to measure the temperature at the center of the air blanket during the idling mode. Measurements and recordings shall be made weekly;

(b) If a superheated vapor system is used to comply with these standards, the owner or operator shall use a thermometer or thermocouple to measure the temperature at the center of the superheated solvent vapor zone while the solvent cleaning machine is in the idling mode. Measurements and recordings shall be made weekly;

(c) If a cover (working-mode, downtime-mode, or idling-mode cover) is used to comply with these standards, the owner or operator shall conduct a visual inspection to determine if the cover opens and closes properly, completely covers the cleaning machine openings when closed, and is free of cracks, holes, and other defects. Observations and recordings shall be made weekly;

(d) If dwell is used, the owner or operator shall determine the actual dwell time by measuring the period of time that parts are held within the freeboard area of the solvent cleaning machine after cleaning. Observations and recordings shall be made monthly;

(e) The owner or operator shall determine the hoist speed by measuring the time it takes for the hoist to travel a measured distance. The speed is equal to the distance in meters divided by the time in minutes (meters per minute). Measurements and recordings shall be made monthly;

(f) The owner or operator of a batch vapor or in-line solvent cleaning machine complying using reduced room draft, maintained by controlling room parameters including but not limited to redirecting fans, and closing doors and windows, shall conduct monitoring and record the results as follows:

(1) Initially measure the wind speed within six inches (6 in.) above the top of the freeboard area of the solvent cleaning machine in accordance with the following:

(A) Determine the direction of the wind current by slowly rotating a velometer or similar device until the maximum speed is located;

(B) Orient a velometer in the direction of the wind current at each of the four corners of the machine;

(D) Average the values obtained at each corner and record the average wind speed;

(2) Record the room parameters established during the initial compliance test to achieve the reduced room draft;

(3) Quarterly monitor the wind speed in accordance with subparagraph (f)(1) of this section; and

(4) Weekly monitor the room parameters as specified in this section;

(g) If an enclosure, full or partial, is used to achieve reduced room draft, the owner or operator shall conduct an initial monitoring test and, thereafter, monthly monitoring tests of the wind speed within the enclosure by slowly rotating a velometer inside the entrance to the enclosure until the maximum speed is located and record the maximum wind speed. The owner or operator shall also conduct a monthly visual inspection of the enclosure to determine if it is free of cracks, holes, and other defects; and

(h) If a carbon adsorber is used to comply with these standards, the owner or operator shall measure and record the concentration of halogenated HAP solvent in the exhaust of the carbon adsorber weekly with a colorimetric detector tube;

(1) This test shall be conducted while the solvent cleaning machine is in the working mode and is venting to the carbon adsorber;

(2) The exhaust concentration shall be determined using a colorimetric detector tube designed to measure a concentration of one hundred parts per million (100 ppm) by volume of solvent in air to an accuracy of plus or minus twenty-five parts per million (25 ppm) by volume; and

(3) The concentration shall be determined through a sampling port for monitoring within the exhaust outlet that is easily accessible and located at least eight (8) stack or duct diameters downstream and two (2) stack or duct diameters upstream from any flow disturbance such as a bend, expansion, contraction, or outlet; downstream from no other inlet.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11389 (December 30, 2011).

20 DCMR § 770 MISCELLANEOUS INDUSTRIAL SOLVENT CLEANING OPERATIONS

770.1 Except as provided in § 770.9, after January 1, 2012, any person who:

(a) Uses any industrial cleaning solvent in a solvent cleaning operation in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process where the facility emits at least fifteen pounds (15 lb.) of VOC emissions in any one (1) day from all solvent cleaning operations shall be subject to this section through § 770.10(a);

(b) Sells, supplies, offers for sale, or manufactures any industrial cleaning solvent for use in the District of Columbia shall be subject to this section through § 770.10(a); or

(c) Uses any industrial cleaning solvent in a solvent cleaning operation in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process where the facility emits less than fifteen pounds (15 lb.) of VOC emissions in any one (1) day from all solvent cleaning operations shall be subject to § 770.10(b).

770.2 Any solvent cleaning operation that becomes or is currently subject to the provisions of this section by exceeding the applicability threshold in § 770.1(a) will remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability threshold.

770.3 For purposes of § 770 and any of the definitions in § 799 applicable to § 770, the District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.

770.4 Each part of § 770 shall be deemed severable, and if any part is held to be invalid, the remainder shall continue in full force.

770.5 On and after January 1, 2012, no person may use any industrial cleaning solvent in a solvent cleaning operation unless:

(a) The person uses an industrial cleaning solvent that meets at least one of the following limitations:

(1) A content limit of fifty grams (50 g.) VOC per liter as applied including water and exempt compounds; or

(2) A composite vapor pressure of less than or equal to eight millimeters of mercury (8 mm. Hg) at twenty degrees Celsius (20° C) or sixty-eight degrees Fahrenheit (68° F); or

(b) The person controls VOC emissions from the solvent cleaning operation with an emission control system with an overall control efficiency of at least eight-five percent (85%).

770.6 The VOC content of industrial cleaning solvents shall be determined by:

(a) EPA Reference Method 24 (Code of Federal Regulations, Title 40, Part 60, Appendix A), where the exempt compounds' content shall be determined by the South Coast Air Quality Management District's (SCAQMD) Method 303 (Determination of Exempt Compounds) contained in the SCAQMD "Laboratory Methods of Analysis for Enforcement Samples" manual; or

(b) SCAQMD Method 304 [Determination of Volatile Organic Compounds (VOC) in Various Materials] contained in the SCAQMD "Laboratory Methods of Analysis for Enforcement Samples" manual; and

(c) For the purposes of (a) and (b), exempt perfluorocarbon compounds will be analyzed as exempt compounds for compliance with § 770.4, only when manufacturers specify which individual compounds are used in the solvent formulation and identify the EPA and the District approved test methods used to quantify the amount of each exempt compound.

770.7 The vapor pressure of the industrial cleaning solvent shall be determined using the following methods:

(a) If the solvent subject to § 770.5 is composed of only one (1) VOC, the vapor pressure shall be determined by ASTM Method D-2879-86 or from a published source such as: Boublik, T., V. Fried and E. Hala, “The Vapor Pressure of Pure Substances,” Elsevier Scientific Publishing Company, New York (1973), or Perry’s Chemical Engineer’s Handbook, McGraw-Hill Book Company (1984), or CRC Handbook of Chemistry and Physics, Chemical Rubber Publishing Company (1986-87), or Lange’s Handbook of Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985);

(b) If the industrial cleaning solvent subject to § 770.5 is composed of VOCs and non-VOCs, the vapor pressure shall be determined by the following equation:

P =

where:

P = Total vapor pressure of the VOC component of the solvent at twenty degrees Celsius (20° C) or sixty-eight degrees Fahrenheit (68º F), in millimeters of mercury (mm. Hg),

n = Number of VOCs in the solvent,

i = Subscript denoting an individual VOC,

Pi = Vapor pressure of the “i”th VOC at twenty degrees Celsius (20° C) or sixty-eight degrees Fahrenheit (68º F) determined pursuant to § 709.8(a), in mm Hg, and

Xi = Mole fraction of the “i”th VOC of the total solvent; or

(c) If the industrial cleaning solvent subject to § 770.5 is composed of only VOCs, the vapor pressure shall be determined by ASTM Method D-2879-86 or by the equation in § 770.7(b).

770.8 A person who sells or offers for sale any solvent containing VOCs for use in a solvent cleaning operation shall provide the following written information to the purchaser:

(a) The name and address of the solvent supplier;

(b) The type of solvent including the product or vendor identification number; and

(c) The vapor pressure of the solvent measured in millimeters of mercury (mm. Hg) at twenty degrees Celsius (20o C) or sixty-eight degrees Fahrenheit (68° F); or

(d) The VOC content in grams per liter including exempt compounds.

770.9 Subsections 770.1 through 770.8 shall not apply on or after January 1, 2012, to any person who owns, operates, or leases:

(a) Any cold cleaning machine, batch vapor cleaning machine, in-line vapor cleaning machine, airless cleaning machine, air-tight cleaning machine, or other solvent cleaning machine subject to §§ 763 to 769;

(b) Cleaning and surface preparation operations at sources subject to §§ 710, 714, 716, 718, and 743 through 749;

(d) Products used to clean high precision optics;

(e) Products used to clean numismatic dies;

(f) Products used to strip cured inks, coatings, and adhesives;

(g) Cleaning products used for janitorial purposes, including graffiti remover products;

(h) Products used to clean resin, coating, ink, and adhesive mixing, molding, and application equipment;

(i) Cleaning and surface preparation operations in research and development laboratories;

(j) Cleaning and surface preparation operations in medical device or pharmaceutical products manufacturing;

(k) Cleaning and surface preparation operations related to performance of quality assurance testing or performance testing of coatings, inks, or adhesives;

(l) Cleaning and surface preparation operations related to the application of coatings, inks, and adhesives to flexible packaging from presses, press parts, and areas around presses, including off-line cleaning;

(m) Parts washers or cold cleaners for purposes other than removing inks, coatings, and adhesives from flexible package printing presses.

(n) Cleaning and surface preparation operations related to application of coatings subject to regulation under §§ 773 to 778 (AIM) to the extent the coatings are used as architectural and industrial maintenance coatings;

(o) Printing operations using electron beam inks or ultraviolet inks;

(p) Cleaning and surface preparation operations related to screen printing;

(q) Cleaning and surface preparation operations related to specialty flexographic printing; or

(r) Cleaning and surface preparation operations related to magnet wire coating operations.

770.10 Any person subject to:

(a) Subsections 770.1(a) or (b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall include, but not be limited, to the information specified in § 770.7 or an invoice, bill of sale, certificate that corresponds to a number of sales, Material Safety Data Sheet (MSDS), or other appropriate documentation acceptable to the Department that may be used to comply with this section;

(2) The records shall provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met;

(3) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and

(4) The records shall be retained at least two (2) years and shall be made available to the Department on request; or

(b) Subsection 770.1(c) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability threshold.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11391 (December 30, 2011).

20 DCMR § 771 MISCELLANEOUS CLEANING AND VOC MATERIALS HANDLING STANDARDS

On or after January 1, 2012, any person who:

(a) Owns, operates, or leases any solvent cleaning operation subject to § 770 shall be subject to §§ 771 through 771.4(a);

(b) Uses any process that applies coatings, inks, or adhesives to flexible packaging where the facility emits more than fifteen pounds (15 lb.) of VOC emissions in any one (1) day before consideration of controls from all processes involved in applying coatings, inks, or adhesives to flexible packaging, including related clean-up activities shall be subject to §§ 771 through 771.4(a); and

(c) Uses any process that applies coatings, inks, or adhesives to flexible packaging where the facility emits less than fifteen pounds (15 lb.) of VOC emissions in any one (1) day before consideration of controls from all processes involved in applying coatings, inks, or adhesives to flexible packaging, including related clean-up activities shall be subject to § 771.4(b).

771.2 Any solvent cleaning operation or other process specified in § 771.1 that becomes or is currently subject to the provisions of this section by exceeding the applicability threshold in § 771.1(a) or (b) shall remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability threshold.

771.3 No person subject to this § 771.1 shall use, handle, store, or dispose of VOC containing materials coatings, solvents, industrial cleaning solvents, inks, adhesives and waste materials unless the person:

(a) Stores all VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives, and waste materials in closed containers, except when depositing or removing these materials;

(b) Minimizes spills of VOC containing materials;

(d) Conveys any VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives, and waste materials in closed containers or pipes;

(e) Closes mixing vessels which contain VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, and adhesives except when they are specifically in use;

(f) Minimizes emissions of VOCs during cleaning of storage, mixing, conveying, and other equipment; and

(g) Stores cloth and paper, or other absorbent applicators, moistened with coatings, solvents or cleaning solvents in closed, nonabsorbent, nonleaking containers.

771.4 Any person subject to:

(a) Subsections 771.1(a) or (b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall provide sufficient data and calculations to demonstrate clearly that the emission limitations or control requirements are met;

(2) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least two (2) years and shall be made available to the Department on request; or

(b) Subsection 771.1(c) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability threshold.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11395 (December 30, 2011).

20 DCMR § 772 [RESERVED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11397 (December 30, 2011).

20 DCMR § 773 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – GENERAL REQUIREMENTS

773.1 Sections 773 through 778 apply to any person who supplies, sells, offers for sale, manufactures, applies, blends, repackages, or solicits the application of any architectural coating on or after January 1, 2005, within the District of Columbia, except as provided in § 775.

773.2 For purposes of §§ 773 through 778 and of any definitions in §799 applicable to §§ 773 through 778 the District incorporates by reference rules and test methods from the United States Environmental Protection Agency (U.S. EPA), the Code of Federal Regulations (C.F.R.), the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), the Bay Area Air Quality Management District (BAAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.

773.3 Each part of §§ 773 through 778 shall be deemed severable, and if any part is held to be invalid, the remainder shall continue in full force.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11397 (December 30, 2011).

20 DCMR § 774 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – STANDARDS

774.1 No person shall manufacture, blend, supply, sell, offer for sale, apply, or solicit the application of any architectural coating with a VOC content in excess of the corresponding limit specified in the Table of Standards in § 774.10, except as provided in §§ 774.2, 774.3, 774.8, and 774.10.

774.2 The most restrictive VOC content limit shall apply if anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one (1) of the coating categories listed in the Table of Standards in § 774.10. This provision does not apply to the following coating categories:

Lacquer coatings (including lacquer sanding sealers);

(b) Metallic pigmented coatings;

(d) Fire-retardant coatings;

(e) Pretreatment wash primers;

(f) Industrial maintenance coatings;

(g) Low-solids coatings;

(h) Wood preservatives;

(i) High-temperature coatings;

(j) Temperature-indicator safety coatings;

(k) Antenna coatings;

(l) Antifouling coatings;

(m) Flow coatings;

(n) Bituminous roof primers;

(o) Specialty primers, sealers, and undercoaters;

(p) Thermoplastic rubber coating and mastic;

(q) Calcimine recoaters;

(r) Impacted immersion coatings;

(s) Nuclear coatings; and

(t) Concrete surface retarders.

774.3 A coating manufactured before the effective date specified for that coating in the Table of Standards in § 774.10, may be sold, supplied, or offered for sale after the specified effective date. In addition, a coating manufactured before the effective date specified for that coating in the Table of Standards in § 774.10 may be applied at any time, both before and after the specified effective date, so long as the coating complied with the standards in effect at the time the coating was manufactured. This subsection does not apply to any coating that does not display the date or date code required by § 776.1(a).

774.4 All architectural coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or other means shall be closed when not in use. These architectural coatings containers include, but are not limited to:

(a) Drums, buckets, cans, pails, trays, or other application containers; and

(b) Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use.

774.5 No person who applies or solicits the application of any architectural coating shall apply a coating that is thinned to exceed the applicable VOC limit specified in the Table of Standards in § 774.10.

774.6 No person shall apply or solicit the application of any rust preventive coating for industrial use, unless such a rust preventive coating complies with the industrial maintenance coating VOC limit specified in the Table of Standards in § 774.10.

774.7 For any coating that does not meet any of the definitions for the specialty coatings categories listed in the Table of Standards in § 774.10, the VOC content limit shall be determined by classifying the coating as a flat coating or a non-flat coating, based on its gloss, as defined in § 799, and the corresponding flat or non-flat coating limit shall apply.

774.8 A manufacturer, seller, or user of an industrial maintenance coating may petition the Department to apply an industrial maintenance coating with a VOC content greater than three hundred forty gallons per liter (340 g./L) if all of the following conditions are met:

(a) The industrial maintenance coating is applied outside the ozone season, normally May through September every year;

(b) The petition submitted to the Department shall contain the following information, as applicable: job requirements and descriptions, volume of coating, maximum VOC content, and a certification that a complying coating meeting the job performance requirements is not available; and

(c) If the Department grants written approval, such approval shall contain volume and VOC limit conditions. Until written approval is granted by the Department and received by the petitioner, all provisions of this section shall apply.

774.9 The Department shall not approve any petition under § 774.8 if the approvals previously granted by the Department during the calendar year, when combined with the petition under consideration, would result in excess VOC emissions for that calendar year that would exceed five percent (5%) of the annual emission reduction achieved within the District of Columbia from implementing the January 1, 2005, VOC limit for industrial maintenance coatings. Coatings subject to this provision shall be sold only if an approved petition (or a copy of it) is provided before the sale. Coatings subject to this provision shall not be available to the general public.

774.10 Notwithstanding the provisions of § 774.1, a person or facility may add up to ten percent (10%) by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than seventy percent (70%) and temperature below sixty-five degrees Fahrenheit (65° F) or eighteen degrees Celsius (18º C) at the time of application, provided that the coating contains acetone and no more than five hundred fifty grams (550 g.) of VOC per liter of coating, less water and exempt compounds, before the addition of VOC.

Table of Standards. VOC Content Limits for Architectural Coatings.

Coating Category

VOC Content Limit

(Grams VOC per liter)

Flat coatings

100

Non-flat coatings

150

Non-flat high gloss coatings

250

Specialty Coatings

Antenna coatings

530

Antifouling coatings

400

Bituminous roof coatings

300

Bituminous roof primers

350

Bond breakers

350

Calcimine recoater

475

Clear wood coatings:

• Clear brushing lacquers

680

• Lacquers (including lacquer sanding sealers)

550

• Sanding sealers (other than lacquer sanding sealers)

350

• Varnishes

350

Concrete curing compounds

350

Concrete surface retarders

780

Conjugated oil varnish

450

Conversion varnish

725

Dry fog coatings

400

Faux finishing coatings

350

Fire-resistive coatings

350

Fire-retardant coatings

• Clear

650

• Opaque

350

Floor coatings

250

Flow coatings

420

Form-release compounds

250

Graphic arts coatings (sign paints)

500

High-temperature coatings

420

Industrial maintenance coatings

340

Impacted immersion coatings

780

Low-solids coatings

120

Magnesite cement coatings

450

Mastic texture coatings

300

Metallic pigmented coatings

500

Multi-color coatings

250

Nuclear coatings

450

Pre-treatment wash primers

420

Primers, sealers, and undercoaters

200

Reactive penetrating carbonate stone sealer

600

Quick-dry enamels

250

Quick-dry primers, sealers and undercoaters

200

Recycled coatings

250

Roof coatings

250

Rust preventative coatings

400

Shellacs

• Clear

730

• Opaque

550

Specialty primers, sealers, and undercoaters

350

Stains

250

Stone consolidants

450

Swimming pool coatings

340

Swimming pool repair and maintenance coatings

340

Temperature-indicator safety coatings

550

Thermoplastic rubber coatings and mastics

550

Traffic marking coatings

150

Waterproofing sealers

250

Waterproofing concrete/masonry sealers

400

Wood preservatives

350

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11397 (December 30, 2011). Limits are expressed in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to tint bases. Manufacturer’s maximum recommendation means the maximum recommendation for thinning that is indicated on the label or lid of the coating container. Conversion factor: one pound VOC per gallon (U.S.) is equivalent to one hundred nineteen and ninety-five one hundredths grams per liter (119.95 g/L). Units for this coating are grams of VOC per liter (pounds of VOC/gallon) of coating, including water and exempt compounds

20 DCMR § 775 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – EXEMPTIONS

775.1 Sections 773 through 778 do not apply to:

(a) Any architectural coating that is sold or manufactured for use outside of the District of Columbia or for shipment to other manufacturers for reformulation or repackaging;

(b) Any aerosol coating product; or

(c) Any architectural coating that is sold in a container with a volume of one liter (1 L) or one and fifty-seven hundredths quarts (1.057 q.) or less.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11402 (December 30, 2011).

20 DCMR § 776 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – LABELING REQUIREMENT

776.1 A manufacturer of any architectural coating shall list the following information on the coating container (or label) in which the coating is sold or distributed:

(a) The date the coating was manufactured, or a date code representing the date, on the label, lid, or bottom of the container, and if the manufacturer uses a date code for any coating, the manufacturer shall file an explanation of each code with the Department;

(b) A statement of the manufacturer's recommendation regarding thinning of the coating on the label or lid of the container, except to the thinning of architectural coatings with water. If thinning of the coating before use is not necessary, the recommendation must specify that the coating is to be applied without thinning;

(c) Either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer, where:

(1) VOC content shall be displayed in grams of VOC per liter of coating; and

(2) VOC content displayed shall be calculated using product formulation data, or shall be determined using the test methods and equations in § 778.1(a), 778.1(b), and 778.2;

(d) On the label or the lid of the container in which any industrial maintenance coating is sold or distributed, one or more of the descriptions listed in subparagraphs (1) through (3):

(1) "For industrial use only";

(2) "For professional use only"; or

(3) "Not for residential use" or "Not intended for residential use";

(e) If the product is a clear brushing lacquer, the prominently displayed statements "For brush application only", and "This product must not be thinned or sprayed";

(f) If the product is a rust preventive coating, the prominently displayed statement, "For Metal Substrates Only";

(g) If the product is a specialty primers sealer, or undercoater, the prominent display of one or more of the descriptions listed in subparagraphs (1) through (6):

(1) For blocking stains;

(2) For fire-damaged substrates;

(3) For smoke-damaged substrates;

(4) For water-damaged substrates;

(5) For excessively chalky substrates; or

(6) To seal in efflorescence;

(h) If the product is a quick dry enamel, the prominently displayed words "Quick Dry" and the dry hard time;

(i) If the product is a non-flat, high-gloss coating, the prominently displayed words "High Gloss"; and

(j) If the product is a stone consolidant, the prominently displayed words “Stone Consolidant – For Professional Use Only.”

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11402 (December 30, 2011).

20 DCMR § 777 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – REPORTING REQUIREMENTS

777.1 Upon request by the Department, any manufacturer of clear brushing lacquers shall submit a report to the Department that specifies the number of gallons of clear brushing lacquers sold in the District of Columbia during the preceding calendar year, and describes the method used by the manufacturer to calculate District of Columbia sales.

777.2 Upon request by the Department, any manufacturer of rust preventive coatings shall submit an annual report to the Department that specifies the number of gallons of rust preventive coatings sold in the District of Columbia during the preceding calendar year, and describes the method used by the manufacturer to calculate District of Columbia sales.

777.3 Upon request by the Department, any manufacturer of specialty primers, sealers, and undercoaters shall submit an annual report to the Department that specifies the number of gallons of specialty primers, sealers, and undercoaters sold in the District of Columbia during the preceding calendar year, and describes the method used by the manufacturer to calculate District of Columbia sales.

777.4 Upon request by the Department, any manufacturer of architectural coating that contains perchloroethylene or methylene chloride shall submit an annual report to the Department that specifies the following information for products sold in the District of Columbia during the preceding year:

(a) The product brand name and a copy of the product label with the legible usage instructions;

(b) The product category listed in the Table of Standards in § 774.10, to which the coating belongs;

(d) The volume percentage, to the nearest one tenth of a percent (0.1%), of perchloroethylene and methylene chloride in the coating.

777.5 Upon request by the Department, any manufacturer of recycled coatings shall submit a letter to the Department certifying its status as a recycled paint manufacturer and shall submit an annual report to the Department. The report shall include, for all recycled coatings, the total number of gallons distributed in the District of Columbia during the preceding year and shall describe the method used by the manufacturer to calculate District of Columbia distribution.

777.6 Upon request by the Department, any manufacturer of bituminous roof coatings or bituminous roof primers shall submit an annual report to the Department that specifies the number of gallons of bituminous roof coatings or bituminous roof primers sold in the District of Columbia during the preceding calendar year and describes the method used by the manufacturer to calculate District of Columbia sales.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11404 (December 30, 2011).

20 DCMR § 778 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – TESTING REQUIREMENTS

778.1 For the purpose of determining compliance with the VOC content limits in the Table of Standards in § 774.10, the VOC content of a coating shall be determined by using the procedures described below in paragraphs (a) or (b), as appropriate. The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured as follows:

(a) With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. Determine the VOC content using the following equation:

VOC Content = (Ws - Ww - Wec)

(Vm - Vw - Vec)

where:

VOC content = grams of VOC per liter of coating;

Ws = weight of volatiles, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams;

Vm = volume of coating, in liters;

Vw = volume of water, in liters; and

Vec = volume of exempt compounds, in liters; or

(b) For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Determine the VOC content using the following equation:

VOC Content (ls) = (Ws - Ww - Wec)

(Vm)

where:

VOC Content (ls) = the VOC content of a low solids coating in grams per liter of coating;

Ws = weight of volatile, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams; and

Vm = volume of coating, in liters.

778.2 To determine the physical properties of a coating in order to perform the calculations in §778.1, the reference method for VOC content is U.S. EPA Method 24, except as provided in § 778.3 and 778.4. An alternative method to determine the VOC content of coatings is SCAQMD Method 304-91 (Revised February 1996), adopted by reference in § 778.5(j). The exempt compounds content shall be determined by SCAQMD Method 303-91 (Revised August 1996), adopted by reference in § 778.5(h)(3). To determine the VOC content of a coating, the manufacturer may use U.S. EPA Method 24, or an alternative method, as provided in § 778.3, formulation data, or any other reasonable means for predicting that the coating has been formulated as intended including but not limited to quality assurance checks and record keeping. However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 results will govern, except when an alternative method is approved as specified in § 778.3. The Department may require the manufacturer to conduct a Method 24 analysis.

778.3 Alternative test methods may be used if they are demonstrated to provide results that are acceptable for purposes of determining compliance with § 778.2, and have been reviewed and approved in writing by the Department and the U.S. EPA.

778.4 Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be conducted according to a modification of U.S. EPA Method 24 in 40 C.F.R. Part 59, Subpart D, Appendix A. This method has not been approved for methacrylate multi-component coatings used for purposes other than traffic marking coatings or other classes of multi-component coatings.

778.5 The following test methods are incorporated by reference herein, and shall be used to test coatings subject to the provisions of §§ 773 through 778:

(a) The flame spread index of a fire-retardant coating shall be determined by the ASTM Designation E 84-99, Standard Test Method for Surface Burning Characteristics of Building Materials, (see § 799, fire-retardant coating);

(b) The fire-resistance rating of a fire-resistive coating shall be determined by ASTM Designation E 119-98, Standard Test Methods for Fire Tests of Building Construction Materials, (see § 799, fire-resistive coating);

(c) The gloss of a coating shall be determined by ASTM Designation D 523-89 (1999), Standard Test Method for Specular Gloss, (see § 799, flat coating, non-flat coating, non-flat high gloss coating, and quick dry enamel);

(d) The metallic content of a coating shall be determined by SCAQMD Method 318-95, Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction, SCAQMD Laboratory Methods of Analysis for Enforcement Samples, (see § 799, metallic pigmented coating);

(e) The acid content of a coating shall be determined by ASTM Designation D 1613-96, Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products (see § 799, pre-treatment wash primer);

(f) The set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a coating shall be determined by ASTM Designation D 1640-95, Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature, (see § 799, quick dry enamel and quick-dry primer, sealer, and undercoater). The tack free time of a quick-dry enamel coating shall be determined by the Mechanical Test Method of ASTM Designation D 1640-95;

(g) The chalkiness of a surface shall be determined using ASTM Designation D 4214-98, Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films, (see § 799, specialty primer, sealer, and undercoater);

(h) The following compounds are exempt from the test methods above and shall be analyzed by the following alternative methods:

(1) Compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be analyzed as exempt compounds for compliance with § 778 by BAAQMD Method 43, Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials, BAAQMD Manual of Procedures, Volume III, adopted November 6, 1996, (see § 778.2);

(2) Parachlorobenzotrifluoride shall be analyzed as an exempt compound for compliance with § 778 by BAAQMD Method 41, Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995, (see § 778.2); and

(3) Compounds exempt under U.S. EPA Method 24, which shall be analyzed by SCAQMD Method 303-91 (Revised 1993), Determination of Exempt Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement Samples, (see § 778.2);

(i) The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in 40 CFR Part 60, Appendix A, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, (see § 778.2);

(j) Alternatively, the VOC content of coatings may be analyzed by either U.S. EPA Method 24 or SCAQMD Method 304-91 (Revised 1996), Determination of Volatile Organic Compounds (VOC) in Various Materials, SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see § 778.2);

(k) The VOC content of methacrylate multicomponent coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR Part 59, Subpart D, Appendix A, Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, (September 11, 1998), (see § 778.4); and

(l) The VOC content of stone consolidants shall by analyzed by ASTM E2167-01, “Standard Guide for Selection and Use of Stone Consolidants” (see § 799, Stone Consolidant).

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11405 (December 30, 2011).

20 DCMR § 799 DEFINITIONS

799.1 The meanings ascribed to the definitions and abbreviations appearing in § 199 of chapter 1 shall apply to the terms and abbreviations in this chapter. In addition, the following terms and phrases used in this chapter shall have the meanings set forth in this section unless the text or context of a particular section, subsection or paragraph provides otherwise:

Acid/etch resist ink – a material or compound applied to portions of a product, usually in a pattern, before etching, to protect the covered portions from the action of the chemical solution that removes the surface of the product being etched.

ACP agreement – the document signed by the Department that includes the conditions and requirements of the Alternative Control Plan (ACP) and allows manufacturers to sell ACP products in District of Columbia.

ACP emissions – is the following:

(a) The sum of the VOC emissions during the compliance period specified in the ACP agreement from every ACP product subject to an ACP Agreement approving an ACP, expressed to the nearest pound of VOC; and

(b) Calculated according to the following equation:

where:

(1) For all products except for charcoal lighter material products:

A = net weight of unit (excluding container and packaging);

B = total weight of all VOCs per unit, as defined in this section; and

C = total weight of all exempted VOCs per unit, as specified in § 721; or

(2) For charcoal lighter material products only:

Certified Emissions = the emissions level for products approved by the Department under § 730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991) including subsequent amendments, expressed to the nearest one one-thousandth of a pound (0.001 lb) of methylene (CH2) per start; and

Certified Use Rate = the usage level for products approved by the Department under § 730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991) including subsequent amendments, expressed to the nearest one one-thousandth of a pound (0.001 lb.) certified product used per start.

ACP limit – is the following:

(a) The maximum allowable ACP Emissions during the compliance period specified in an ACP Agreement approving an ACP, expressed to the nearest pound of VOC; and

(b) Calculated according to the following equation:

where:

Enforceable Sales = the total amount of an ACP product sold for use in District of Columbia during the applicable compliance period specified in the ACP Agreement approving an ACP, as determined through enforceable sales records, expressed to the nearest pound, excluding container and packaging;

ACP Standard = either the ACP product's Pre-ACP VOC Content, or the applicable VOC standard specified in § 720, whichever is the lesser of the two;

Pre-ACP VOC Content = the lowest VOC content which the ACP product had between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department, based on either the data on the product obtained from the March 12, 1991, CARB Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product; and

1, 2,...N = each product in an ACP up to the maximum N.

ACP product – any consumer product subject to the VOC standards specified in § 720, except those products that have been exempted under § 721 or exempted as Innovative Products under § 736.

ACP reformulation or ACP reformulated – the process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level which is less than the current VOC content of the product.

ACP standard – either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in § 720, whichever is less.

ACP VOC standard – the maximum allowable VOC content for an ACP product, determined as follows:

(a) For all ACP products except for charcoal lighter material, the applicable VOC Standard specified in § 720; and

(b) For charcoal lighter material products only, the VOC Standard shall be calculated according to the following equation:

where:

0.020 = the certification emissions level for the District of Columbia-approved product, as specified in § 730; and

Certified Use Rate = the usage level for products approved by the District of Columbia under § 730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), including subsequent amendments, expressed to the nearest one one-thousandth of a pound (0.001 lb.) certified product used per start.

Acrylonitrile-butadiene-styrene (ABS) welding adhesive – any adhesive intended by the manufacturer to weld ABS pipe, which is made by reacting monomers of acrylonitrile, butadiene, and styrene.

Adhesive – is the following:

(a) For the purposes of §§ 719 through 737:

(1) Any product that is used to bond one (1) surface to another by attachment;

(2) Does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate;

(3) For “contact adhesive,” does not include units of product, less packaging, which consist of more than one gallon (1 gal.); and

(4) For “construction, panel, and floor covering adhesive” and “general purpose adhesive,” does not apply to aerosol adhesives or units of product, less packaging, that weigh more than one pound (1 lb.) and consist of more than sixteen (16) fluid ounces; and

(b) For the purposes of §§ 714, 743 through 749, 770 and 771, and 773 through 778, any chemical substance that is used to bond two (2) surfaces together other than by mechanical means.

Adhesive primer – any product intended by the manufacturer to be applied to a substrate, before the application of an adhesive, to provide a bonding surface.

Adhesive remover – a product designed to remove adhesive from either a specific substrate or a variety of substrates. Adhesive remover does not include a product that removes adhesives intended exclusively for use on humans or animals. Adhesive includes, but is not limited to, caulks, sealants, glues, or similar substances used for the purposes of forming a bond. For the purpose of this definition and “adhesive remover” subcategories (a) through (d), the term “adhesive” shall mean a substance used to bond one (1) or more of the following materials:

(a) Floor and wall covering adhesive remover – a product designed or labeled to remove floor or wall coverings and associated adhesive from the underlying substrate;

(b) Gasket or thread locking adhesive remover – a product designed or labeled to remove gaskets or thread locking adhesives. Products labeled for dual use as a paint stripper and gasket remover or thread locking adhesive remover are considered gasket or thread locking adhesive remover;

(c) General purpose adhesive remover – a product designed or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from a variety of substrates. General purpose adhesive remover includes, but is not limited to, products that remove thermoplastic adhesives; pressure sensitive adhesives; dextrine or starch-based adhesives; casein glues; rubber or latex based adhesives; as well as products that remove stickers; decals; stencils; or similar materials. General purpose adhesive remover does not include floor or wall covering adhesive remover; and

(d) Specialty adhesive remover – a product designed to remove reactive adhesives from a variety of substrates. Reactive adhesives include adhesives that require a hardener or catalyst in order for the bond to occur. Examples of reactive adhesives include, but are not limited to epoxies, urethanes, and silicones. Specialty adhesive remover does not include gasket or thread locking adhesive remover.

Adhesion promoter - an automotive coating labeled and formulated to be applied to uncoated plastic surfaces to facilitate bonding of subsequent coatings and on which a subsequent coating is applied.

Aerosol adhesive or adhesive primer – an aerosol adhesive or adhesive primer product in which the spray mechanism is permanently housed in a non-refillable can designed for hand-held application without the need for ancillary hoses or spray equipment. Aerosol adhesives include special purpose spray adhesives, mist-spray adhesives, and web spray adhesives.

Aerosol coating product – a pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant and is packaged in a disposable can for hand-held application or for use in specialized equipment for ground traffic/marking applications.

Aerosol cooking spray – any aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food, or both.

Aerosol product – a pressurized spray system that dispenses product ingredients with a propellant contained in a product or a product’s container, or with a mechanically induced force, excluding pump sprays.

Aerospace component – for the purposes of §§ 743 to 749, the fabricated part, assembly of parts, or completed unit of any aircraft, helicopter, missile, or space vehicle, including passenger safety equipment.

Agricultural use – is the following:

(a) The use of any pesticide, method, or device for the control of pests in connection with the commercial production, storage, or processing of any animal or plant crop;

(b) Does not include the sale or use of pesticides in properly labeled packages or containers that are intended for home use, use in structural pest control, industrial use, or institutional use; and

(1) “Home use” refers to use in a household or its immediate environment;

“Structural pest control” refers to a use requiring a license under the applicable District of Columbia pesticide licensing requirement;

“Industrial use” refers to use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites; and

“Institutional use” refers to use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.

Air-assisted airless spray - coating spray technology that uses compressed air to shape and distribute the fan of atomized coating but still uses fluid pressure to create the atomized coating.

Air freshener – is the following:

(a) Any consumer product including, but not limited to, sprays, wicks, powders, and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air;

(b) Spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels of distribution. To determine whether a product is an air freshener, all verbal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The presence of, and representations about, a product's fragrance and ability to deodorize shall not constitute a claim of air freshening; and

(c) Does not include products that are used on the human body, products that function primarily as cleaning products as indicated on a product label or “toilet/urinal care products”, disinfectant products claiming to deodorize by killing germs on surfaces, or institutional/industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution.

Airless cleaning system – a solvent cleaning machine that is automatically operated and seals at a differential pressure of five tenths of a pound (0.5 lb.) per square inch gauge (psig) or less, before the introduction of solvent or solvent vapor into the cleaning chamber, and maintains differential pressure under vacuum during all cleaning and drying cycles.

Airless spray - a coating technology that relies solely on the fluid pressure of the coating to create an atomized coating spray pattern and does not apply atomizing compressed air to the coating before it leaves the nozzle.

Air-tight cleaning system – a solvent cleaning machine that is automatically operated and seals at a differential pressure no greater than five tenths of a pound (0.5 lb.) per square inch gauge (psig), before the introduction of solvent or solvent vapor into the cleaning chamber and during all cleaning and drying cycles.

Alcohol – any of the following compounds when used as a fountain solution additive for offset lithographic printing: ethanol, normal propyl alcohol (n-propanol), and isopropyl alcohol (isopropanol).

Alcohol substitutes – non-alcohol additives that contain VOCs and are used in the fountain solution, such as glycol ethers or ethylene glycol. Some additives are used to reduce the surface tension of water; others are added to prevent piling (ink build-up).

All other carbon-containing compounds – all other compounds which contain at least one (1) carbon atom and are not a Table B compound or a LVP-VOC.

All other forms – all consumer product forms for which no specific VOC standard is specified including but not limited to solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes).

Alternative control plan or ACP – any emissions averaging program approved by the District of Columbia pursuant to the provisions of this regulation.

Anoprint ink – a dye or compound that is screen printed on unsealed anodized aluminum before the process of sealing the anodic coating, thus trapping the dye or compound in the anodic coating.

Antenna coating – a coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.

Antifouling coating – a coating formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To qualify as an antifouling coating, the coating must be registered with both the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§ 136, et seq.) and with the District of Columbia Department of the Environment (20 DCMR chapters 20-25).

Antimicrobial hand or body cleaner or soap – is the following:

(a) A cleaner or soap that is designed to reduce the level of microorganisms on the skin through germicidal activity including, but not limited to, antimicrobial hand or body washes/cleaners, food-handler hand washes, healthcare personnel hand washes, pre-operative skin preparations, and surgical scrubs; and

(b) Does not include prescription drug products, antiperspirants, astringent/toner, deodorant, facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing detergent, including antimicrobial, heavy-duty hand cleaner or soap, medicated astringent/medicated toner, and rubbing alcohol.

Antiperspirant – any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least twenty percent (20%) in at least fifty percent (50%) of a target population.

Antique motor vehicle – a motor vehicle, but not a reproduction thereof, manufactured more than twenty-five (25) years before the current year, which has been maintained in or restored to a condition that is substantially in conformance with manufacturer specifications.

Anti-static product – a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. Anti-static product does not include electronic cleaner, floor polish or wax, floor coating, and products that meet the definition of aerosol coating product or architectural coating.

Applicable CTG document – for the purposes of § 714, is the following:

“Control Techniques Guidelines for Large Appliance Coatings,” published by EPA, September 2007, publication number EPA 453/R-07-004;

“Control Techniques Guidelines for Metal Furniture Coatings,” published by EPA, September 2007, publication number EPA 453/R-07-005; or

“Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,” published by EPA, September 2008, publication number EPA-453/R-08-003.

Appurtenance – any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, lampposts, partitions pipes and piping systems, rain gutters and downspouts, stairways, fixed ladders, catwalks and fire escapes, window screens, air conditioning equipment, heating equipment, and other fixed mechanical equipment or stationary tools.

Architectural coating – a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs. Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, as well as adhesives are not considered architectural coatings for the purposes of this rule.

Architectural sealant / primer – any sealant or sealant primer intended by the manufacturer to be applied to stationary structures, including mobile homes and appurtenances.

As applied - the VOC and solids content of a coating that is actually used to coat the substrate. The term includes the contribution of materials used for in-house dilution of the coating.

As supplied - the VOC and solids content of a coating as sold and delivered to the end user.

Assembly line - an arrangement of industrial equipment and workers in which the product passes from one specialized operation to another until complete, by either automatic or manual means.

Associated parts and components - a structure, device, piece, module, section, assembly, subassembly, or element of a motor vehicle or mobile equipment that is designed to be a part of the motor vehicle or mobile equipment but which is not attached to the motor vehicle or mobile equipment at the time of coating the structure, device, piece, module, section, assembly, subassembly, or element. The term does not include circuit boards.

ASTM – the American Society for Testing and Materials.

Astringent/toner – is the following:

(a) Any product not regulated as a drug by the United States Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening pores, including but not limited to, clarifiers and substrate-impregnated products; and

(b) Does not include any hand, face, or body cleaner or soap product, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant.

Automatically close – closure occurs through the activation of a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.

Automatic closure – a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.

Automotive brake cleaner – a cleaning product designed to remove oil, grease, brake fluid, brake pad material, or dirt from motor vehicle brake mechanisms.

Automotive coating - a coating or coating component used or recommended for use in motor vehicle or mobile equipment refinishing, service, maintenance, repair, restoration, or modification, except metal plating activities. A reference to automotive refinishing or automotive coating on the container, on a label affixed to the container or in sales, advertising, technical or product literature constitutes a recommendation for use in motor vehicle or mobile equipment refinishing, coating, or recoating.

Automotive coating component - a portion of a coating, including a reducer or thinner, toner, hardener, and additive, which is recommended by a person to distributors or end-users for use in an automotive coating, or which is supplied for or used in an automotive coating. The raw materials used to produce the components are not considered automotive coating components.

Automotive elastomeric coating – a coating designed for application over surfaces of flexible mobile equipment and mobile equipment components, such as elastomeric bumpers.

Automotive glass adhesive primer – any adhesive primer intended by the manufacturer to be applied to automotive glass before installation with an adhesive/sealant. This primer improves adhesion to the pinch weld and blocks ultraviolet light.

Automotive hard paste wax – an automotive wax or polish, which is designed to protect and improve the appearance of automotive paint surfaces, is a solid at room temperature, and contains zero percent (0%) water by formulation.

Automotive impact-resistant coating – a coating designed to resist chipping caused by road debris.

Automotive instant detailer – a product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off before the product being allowed to dry.

Automotive jambing clearcoat – a fast-drying, ready-to-spray clearcoat applied to surfaces such as door jams and trunk and hood edges to allow for quick closure.

Automotive lacquer – a thermoplastic coating applied directly to bare metal surfaces of mobile equipment and mobile equipment components which dries primarily by solvent evaporation, and which is resoluble in its original solvent.

Automotive low-gloss coating – a coating that exhibits a gloss reading less than or equal to twenty-five (25) on a sixty (60) degree glossmeter.

Automotive multicolored topcoat – a topcoat that exhibits more than one (1) color, is packaged in a single container, and camouflages surface defects on areas of heavy use, such as cargo beds and other surfaces of trucks and other utility vehicles.

Automotive pretreatment – a primer that contains a minimum of half of a percent (0.5%) acid, by weight, that is applied directly to bare metal surfaces of mobile equipment and mobile equipment components to provide corrosion resistance and to promote adhesion of subsequent coatings.

Automotive pretreatment coating – a coating that:

Contains a minimum of one half percent (0.5%) acid by weight and not more than sixteen percent (16%) solids by weight necessary to provide surface etching; and

Is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and adhesion.

Automotive primer - a coating, including pigmented automotive primers, labeled and formulated for application to a substrate to provide one (1) or more of the following:

A bond between the substrate and subsequent coats;

Corrosion resistance;

A smooth substrate surface; or

Resistance to penetration of subsequent coats, and on which a subsequent coating is applied.

Automotive primer-sealer – a coating applied to mobile equipment and mobile equipment components before the application of a topcoat, for the purposes of providing corrosion resistance, promoting adhesion of subsequent coatings, promoting color uniformity, and promoting the ability of the undercoat to resist penetration by the topcoat.

Automotive primer-surfacer – a coating applied to mobile equipment and mobile equipment components before the application of topcoat, for the purposes of filling surface imperfections in the substrate, providing corrosion resistance, or promoting adhesion of subsequent coatings.

Automotive refinishing facility - a shop, business, location, or parcel of land where motor vehicles or mobile equipment or their associated parts and components are coated, including autobody collision repair shops. The term does not include the original equipment manufacturing plant where the new motor vehicle or new mobile equipment is completely assembled.

Automotive rubbing or polishing compound – a product designed primarily to remove oxidation, old paint, scratches or swirl marks, and other defects from the painted surfaces of motor vehicles without leaving a protective barrier.

Automotive specialty coating – coatings including but not limited to automotive elastomeric coatings, adhesion promoters, automotive low-gloss coatings, bright metal trim repair coatings, automotive jambing clearcoats, automotive impact-resistant coatings, rubberized asphaltic underbody coatings, uniform finish blenders, weld-through primers applied to automotive surfaces, and automotive lacquer topcoats applied to a classic motor vehicle or to an antique motor vehicle.

Automotive topcoat – a coating, or series of coatings, applied over an automotive primer-surfacer, automotive primer-sealer, or existing finish on the surface of mobile equipment and mobile equipment components for the purpose of protection or beautification.

Automotive touch-up or repair – the application of automotive topcoat finish materials to cover minor finishing imperfections equal to or less than one inch (1 in.) in diameter.

Automotive wax, polish, sealant or glaze – is the following:

(a) A product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces, including but not limited to products designed for use in autobody repair shops and drive-through car washes, as well as products designed for the general public; and

(b) Does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant-containing car wash products, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic.

Automotive windshield washer fluid – is the following:

(a) Any liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield; and

(b) Does not include fluids placed by the manufacturer in a new vehicle.

Available control options – air pollution control technologies or techniques with a reasonable potential for application to the source. Air pollution control technologies and techniques include the application of production process or methods, and control systems for VOCs. The control technologies and techniques shall include existing controls for the source category and technology transfer controls applied to similar source categories.

Batch vapor cleaning machine – is the following:

(a) A vapor cleaning machine in which individual parts or a set of parts move through the entire cleaning cycle before new parts are introduced into the cleaning machine, including but not limited to solvent cleaning machines including ferris wheel cleaners or cross rod machines, that clean multiple loads simultaneously and are manually loaded; and

(b) Does not include machines which do not have a solvent/air interface, such as airless and air-tight cleaning systems.

Bathroom and tile cleaner – is the following:

(a) A product designed to clean tile or surfaces in bathrooms; and

(b) Does not include products designed primarily to clean toilet bowls, toilet tanks, or urinals.

Bitumens – black or brown materials including but not limited to asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.

Bituminous roof coating – a coating that incorporates bitumens that is labeled and formulated exclusively for roofing.

Bituminous roof primer – a primer that incorporates bitumens that is labeled and formulated exclusively for roofing.

Bond breaker – a coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

Bug and tar remover – a product labeled to remove:

(a) Biological-type residues including but not limited to insect carcasses and tree sap; and

(b) Road grime, including but not limited to road tar, roadway paint markings, and asphalt from painted motor vehicle surfaces without causing damage to the finish.

º C – degrees Celsius

Calcimine recoater – a flat solvent-borne coating formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.

CARB – the California Air Resources Board.

Carbon adsorber – a bed of activated carbon into which an air/solvent gas-vapor stream is routed and which adsorbs the solvent on the carbon.

Carburetor or fuel-injection air intake cleaner – is the following:

(a) A product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages; and

(b) Does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank before introduction into the carburetor or fuel injectors.

Carpet and upholstery cleaner – is the following:

(a) A cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon, or other synthetic fabrics including but not limited to products that make fabric protectant claims; and

(b) Does not include general purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.

Ceramic tile installation adhesive – any adhesive intended by the manufacturer for use in the installation of ceramic tiles.

Charcoal lighter material – is the following:

(a) Any combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition; and

(b) Does not include electrical starters and probes, metallic cylinders using paper tinder, natural gas, propane, or fat wood.

Chlorinated polyvinyl chloride (CPVC) plastic – a polymer of the vinyl chloride monomer that contains sixty-seven percent (67%) chlorine and is normally identified with a CPVC marking.

Chlorinated polyvinyl chloride (CPVC) welding adhesive – any adhesive intended by the manufacturer for the welding of CPVC plastic pipe.

Classic motor vehicle – a motor vehicle, but not a reproduction thereof, manufactured at least fifteen (15) years before the current year, which has been maintained in or restored to a condition that is substantially in conformity with manufacturer specifications and appearance.

Cleaning solution – as applied to offset lithography or letterpress printing operations subject to the requirements of § 716, liquids used to remove ink or coating and debris from the operating surfaces of the printing press and its parts, including but are not limited to blanket wash, roller wash, metering roller cleaner, plate cleaner, impression cylinder washes, rubber rejuvenators, and other cleaners.

Cleanup solvent – a VOC-containing material used to remove a loosely held uncured (such as, not dry to the touch) adhesive or sealant from a substrate, or clean equipment used in applying a material.

Clear brushing lacquers – clear wood finishes, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film, which are intended exclusively for application by brush and which are labeled as specified in § 776.

Clear coating - a coating that contains no pigments and is labeled and formulated for application over a color coating or clear coating. A clear coating may contain talc or silica, which are not pigments.

Clear wood coatings – clear and semi-transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent solid film.

Coating – a material applied to a substrate for protective, decorative, or functional purposes, but does not include:

Decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or a combination of these substances;

Paper film or plastic film that may be pre-coated with an adhesive by the film manufacturer;

Adhesives, sealants, maskants, or caulking materials;

Lubricants or surface preparation materials; or

(e) In-mold coatings that are spray applied in the manufacture of reinforced plastic composite parts.

Coating solids – the nonvolatile portion of the coating that makes up the dry film.

Coating unit – a series of one (1) or more coating applicators and any associated drying area or oven wherein a coating is applied, dried, or cured. A coating unit ends at the point where the coating is dried or cured, or before any subsequent application of a different coating. It is not necessary for a coating unit to have an oven or flash-off area.

Cold cleaning machine – is the following:

(a) A device or piece of equipment, containing or using an unheated liquid, which contains greater than five percent (5%) VOC or five percent (5%) hazardous air pollutant (HAP) by weight, where parts are placed to remove dirt, grease, oil or other contaminants and coatings, from the surfaces of the parts or to dry the parts; and

(b) Does not include machines that do not have a solvent/air interface, such as airless and air-tight cleaning systems.

Color coating - a pigmented coating, excluding adhesion promoters, primers, and multicolor coatings, which requires a subsequent clear coating and is applied over a primer, adhesion promoter, or color coating. The term includes metallic/iridescent color coatings.

Colorant – any concentrated pigment dispersion in water, solvent, or binder that is added to an architectural coating after packaging in sale units to produce the desired color or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.

Compliance period – the period of time, not to exceed one (1) year, for which the ACP limit and ACP emissions are calculated and for which compliance with the ACP limit is determined, as specified in the ACP Agreement approving an ACP.

Computer diskette jacket manufacturing adhesive – any adhesive intended by the manufacturer to glue the fold-over flaps to the body of a vinyl computer diskette jacket.

Concrete curing compound – a coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water.

Concrete surface retarder – a mixture of retarding ingredients such as extender pigments, primary pigments, resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish.

Conductive ink – an ink for the screen printing of electronic circuits or other conductive patterns that permit electric current to flow through the printed line or pattern.

Conjugated oil varnish – a clear or semi-transparent wood coating, labeled as such, excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (Tung oil) and modified with other natural or synthetic resins; a minimum of fifty percent (50%) of the resin solids consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes penetrate and seal the wood. Film formation is due to polymerization of the oil. These varnishes may contain small amounts of pigments to control the final gloss or sheen.

Construction, panel, and floor covering adhesive – is the following:

(a) Any one (1) component adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of:

(1) Structural and building components including but not limited to beams, trusses, studs, paneling, drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated hardboard or tileboard, ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or

(2) Floor or wall coverings including but not limited to wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, non-resilient flooring material, mirror tiles and other types of tiles, and artificial grass; and

(b) Does not include floor seam sealer.

Consumer – is the following:

(a) Any person who purchases, or otherwise acquires any consumer product or a new portable fuel container or spout for personal, family, household, or institutional use; and

(b) Does not include persons acquiring a consumer product or a portable fuel container or spout for resale.

Consumer product – is the following:

(a) A chemically formulated product used by household and institutional consumers, including but not limited to: detergents, cleaning compounds, polishes, floor finishes, cosmetics, personal care products, home, lawn, and garden products, disinfectants, sanitizers, aerosol paints, and automotive specialty products;

(b) Does not include other paint products, furniture coatings, or architectural coatings; and

Contact adhesive/contact bond adhesive – is the following:

(a) An adhesive designed for application to two (2) surfaces to be bonded together, is allowed to dry before the two (2) surfaces are placed in contact with each other, forms an immediate bond that is impossible or difficult to reposition after both adhesive-coated surfaces are placed in contact with each other, and does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces; and

(b) Does not include rubber cements that are primarily intended for use on paper substrates. Contact adhesive also does not include vulcanizing fluids that are designed and labeled for “tire repair” only.

Contact adhesive – general purpose – any contact adhesive that is not a contact adhesive – special purpose.

Contact adhesive – special purpose – a contact adhesive that:

Is used to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood veneer one sixteenth of an inch (1/16 in.) or less in thickness to any porous or non-porous surface, and is sold in units of product, less packaging, that contain more than eight (8) fluid ounces; or

Is used in automotive applications that are:

(1) Automotive under-the-hood applications requiring heat, oil, or gasoline resistance; or

(2) Body-side molding, automotive weather-strip, or decorative trim.

Contact person – a representative that has been designated by the responsible ACP party for the purpose of reporting or maintaining any information specified in the ACP Agreement approving an ACP.

Container/packaging – the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap, or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended, including but not limited to, any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed, or attached.

Control techniques guideline (CTG) – an EPA document designed to assist the states in designing reasonably available control technology for major sources of volatile organic compounds.

Conventional air spray – a spray coating application method in which the coating is atomized by mixing it with compressed air and applied at an air pressure greater than ten pounds (10 lb.) per square inch gauge (psig) at the point of atomization. The term does not include:

Airless and air assisted airless spray technologies; or

Electrostatic spray technology.

Conversion varnish – a clear acid curing coating with an alkyd or other resin blended with amino resins and supplied as a single component or two (2)-component product and it produces a hard, durable, clear finish designed for professional application to wood flooring. The film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification at the reactive ethers of the amino resins.

Cove base – a flooring trim unit, generally made of vinyl or rubber, having a concave radius on one (1) edge and a convex radius on the opposite edge that is used in forming a junction between the bottom wall course and the floor, or to form an inside corner.

Cove base installation adhesive – any adhesive intended by the manufacturer to be used for the installation of cove base or wall base on a wall or vertical surface at floor level.

Crawling bug insecticide – is the following:

(a) Any insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including but not limited to mites, silverfish, or spiders; and

(b) Does not include products designed to be used exclusively on humans or animals, or any house dust mite product;

(1) A house dust mite product is a product whose label, packaging, or accompanying literature states that the product is suitable for use against house dust mites, and does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods; and

(2) A house dust mite is a mite that feeds primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae.

CTG – Control Techniques Guideline.

Curtain coating – the application of a coating to an object by moving the object through a falling curtain of coating.

Cyanoacrylate adhesive – any adhesive with a cyanoacrylate content of at least ninety-five percent (95%) by weight.

Cylinder-wipe – as applied to printing operations, the method or removing ink from the non-image areas of the printing plate by using a cylinder(s) or other contrivances. This is distinguished from the subsequent step(s) when the ink removed is in turn removed from the wiping cylinder(s) by the use of a wiping solution.

Date-code – the day, month, and year on which the consumer product was manufactured, filled, or packaged, or a code indicating such a date.

Day – unless otherwise indicated, refers to a calendar day.

Deodorant – is the following:

(a) For products manufactured before January 1, 2012: any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria that cause the decomposition of perspiration; or

(b) For products manufactured on or after January 1, 2012: any product including, but not limited to, aerosol, roll-ons, sticks, pumps, pads, creams, and squeeze bottles, that indicates or depicts on the container or packing, or on any label or sticker affixed thereto, that the product can be used on or applied to the human axilla to provide a scent or minimize odor. A “deodorant body spray” product that indicates or depicts on the container or packaging or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a “deodorant”.

Deodorant body spray – is the following:

(a) For products manufactured before January 1, 2006, a personal fragrance product with twenty percent (20%) or less fragrance; or

(b) For products manufactured on or after January 1, 2006, a personal fragrance product with twenty percent (20%) or less fragrance that is designed for application all over the human body to provide a scent. A “deodorant body spray” product that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that can be used on or applied to the human axilla, is a “deodorant”.

Department – the District of Columbia Department of the Environment.

Device – is the following:

(a) Any instrument or contrivance, other than a firearm, which is designed for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life other than humans and other than bacteria, viruses, or other microorganisms on or in humans or other living animals; and

(b) Does not include equipment used for the application of pesticides when sold separately.

Dip coating – a method of applying a coating to a surface by submersion into and removal from a coating bath.

Disinfectant – is the following:

(a) Any product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. §§ 136, et seq.);

(b) Does not include products designed solely for use on humans or animals, products designed for agricultural use, products designed solely for use in swimming pools, therapeutic tubs, or hot tubs; and

(c) Does not include products that, as indicated on the principal display panel or label, are primarily designed for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes.

Distributor – any person to whom a consumer product or portable fuel container or spout or combination portable fuel container and spout is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors.

District of Columbia gross sales – the estimated total District of Columbia sales of an ACP product during a specific compliance period expressed to the nearest pound, based on either of the following methods, whichever the responsible ACP party demonstrates to the satisfaction of the Department will provide an accurate District of Columbia sales estimate:

(a) Apportionment of national or regional sales of the ACP product to District of Columbia sales, determined by multiplying the average national or regional sales of the product by the fraction of the national or regional population, respectively, that is represented by District of Columbia's current population; or

(b) Any other documented method that provides an accurate estimate of the total current District of Columbia sales of the ACP product.

District of Columbia sales – the net pounds of product, less packaging and container, per year in the District of Columbia for either the year immediately preceding the year that the registration is due or, if that data is not available, any consecutive twelve (12) month period commencing no earlier than two (2) years before the due date of the registration. If direct sales data for District of Columbia is not available, sales may be estimated by prorating national or regional sales data by population.

Double-phase aerosol air freshener – an aerosol air freshener with the liquid contents in two (2) or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.

Dry cleaning fluid – is the following:

(a) Any non-aqueous liquid product designed and labeled exclusively for use on fabrics which are labeled “for dry clean only”, including but not limited to clothing, draperies, or S-coded fabrics:

(1) Including, but not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer’s residence or work place; and

S-coded fabric is an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee; and

(b) Does not include spot remover or carpet and upholstery cleaner.

Dry fog coating – a coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

Drywall installation – the installation of gypsum dry wall to studs or solid surfaces using an adhesive formulated for that purpose.

Dusting aid – is the following:

(a) A product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating; and

(b) Does not include “pressurized gas duster”.

Dwell – holding parts within the freeboard area of a solvent cleaning machine but above the solvent vapor zone. This action is necessary after cleaning to allow solvent to drain from the parts or parts baskets back into the solvent cleaning machine.

Dwell time – the period of time between when a parts basket is placed in the vapor zone of a batch vapor or in-line vapor cleaning machine and when solvent dripping ceases. This period of time is determined by placing a basket of parts in the vapor zone and measuring the amount of time between when the parts are placed in the vapor zone and dripping ceases.

Electrical and electronic components – components and assemblies of components that generate, convert, transmit, or modify electrical energy, including, but not limited to, wires, windings, stators, rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, capacitors, and transistors but does not include the cabinets in which electrical and electronic components are housed.

Electrical cleaner – a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, relays, electric panels, or generators. Electrical cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electronic cleaner, pressurized gas duster, engine degreaser, anti-static product, or products designed to clean the casings or housings of electrical equipment.

Electroluminescent ink – a transparent conductive coating, phosphor, opaque conductive, or similar compound that is screen printed with the purpose of converting an electrical current directly into light.

Electron beam ink – an ink that dries by chemical reaction caused by high energy electrons.

Electronic cleaner – a product labeled for the removal of dirt, moisture, dust, flux, or oxides from the internal components of electronic or precision equipment such as circuit boards, and the internal components of electronic devices, including, but not limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and computers. Electronic cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electronic cleaner, pressurized gas duster, engine degreaser, anti-static product, or products designed to clean the casings or housings of electrical equipment.

Electrostatic application – a method of applying coating particles or coating droplets to a grounded surface by electrically charging such particles or droplets.

Electrostatic spray application - a coating application method where an electrostatic attraction is created between the part to be coated and the atomized coating particles.

Energized electrical cleaner – a product that meets the following criteria:

(a) The product is labeled to clean or degrease electrical equipment, where cleaning or degreasing is accomplished when electrical current exists or when there is a residual electrical potential from a component, such as a capacitor; and

(b) The product label clearly displays the statements: “Energized Equipment use only. Not to be used for motorized vehicle maintenance or their parts”.

Enforceable sales – the total amount of an ACP product sold for use in the District of Columbia during the applicable compliance period specified in the ACP Agreement approving an ACP, as determined through enforceable sales records, expressed to the nearest pound, excluding product container and packaging.

Enforceable sales record – a written, point-of-sale record or any other District of Columbia-approved system of documentation from which the mass, in pounds, less product container and packaging, of an ACP product sold to the end user in District of Columbia during the applicable compliance period can be accurately documented including but not limited to the following types of records:

(a) Accurate records of direct retail or other outlet sales to the end user during the applicable compliance period;

(b) Accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that a detailed method which can be used to verify any data comprising such summaries is submitted by the responsible ACP party and approved by the Department; and

(c) Any other accurate product sales records approved by the Department as meeting the criteria specified in this section.

Engine degreaser – a cleaning product designed to remove grease, grime, oil, and other contaminants from the external surfaces of engines and other mechanical parts.

Exempt compound – a compound identified as exempt under the definition of volatile organic compound (VOC). Except as provided in §778.2, the exempt compounds content of a coating shall be determined by U.S. EPA Method 24 or South Coast Air Quality Management District (SCAQMD) Method 303-91, as revised.

Exempt perfluorocarbon compounds – the following classes of compounds: cyclic, branched, or linear, completely fluorinated alkanes; cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

Existing product – any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in the District before January 1, 2005, or any subsequently introduced identical formulation.

º F – degrees Fahrenheit.

Fabric protectant – is the following:

(a) A product designed to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the fabric's fibers; and

(b) Does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics that are labeled “for dry clean only” and sold in containers of ten (10) fluid ounces or less.

Fabric refresher – a product whose label states the product’s purpose is to neutralize or eliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing or on household furniture or objects upholstered or covered with fabrics such as, but not limited to, wool, cotton, or nylon. Fabric refresher does not include anti-static product, carpet and upholstery cleaner, soft household surface sanitizers, footwear or leather care product, spot remover, or disinfectant, or products labeled for application to both fabric and human skin. For the purposes of this definition only, soft household surface sanitizer means a product labeled to neutralize and eliminate odors on surfaces listed above whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. §§ 136, et seq.).

Facial cleaner or soap – is the following:

(a) A cleaner or soap designed primarily to clean the face, including but not limited to facial cleansing creams, gels, liquids, lotions, and substrate-impregnated forms; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

Fat wood – is the following:

(a) Pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling; and

(b) Does not include any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.

Faux finishing coating – a coating labeled and formulated as a stain or a glaze to create artistic effects including but not limited to dirt, old age, smoke damage, and simulated marble and wood grain.

Federally enforceable – Enforceable under the Federal Clean Air Act (42 U.S.C. §§ 7401, et seq.).

Fiberglass – a material consisting of extremely fine glass fibers, including any fiber reinforced plastic (FRP) surface that has fiber material set in a binding substance of plastic resins.

Fire-resistive coating – an opaque coating labeled and formulated to protect the structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials, that has been fire tested and rated by a testing agency and approved by District of Columbia building code officials for use in bringing assemblies of structural materials into compliance with federal or District of Columbia building code requirements;

(a) The fire-resistive coating and the testing agency must be approved by District of Columbia building code officials; and

(b) The fire-resistive coating shall be tested in accordance with ASTM Designation E 119-98, incorporated by reference in § 778.5.

Fire-retardant coating – a coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by District of Columbia building code officials for use in bringing building and construction materials into compliance with federal and District of Columbia building code requirements.

(a) The fire-retardant coating and the testing agency must be approved by District of Columbia building code officials; and

(b) The fire-retardant coating shall be tested in accordance with ASTM Designation E 84-99, incorporated by reference in § 778.5.

First installation date – the first date on which a piece of equipment is in place and prepared to operate. The “installation date” does not change if the equipment is moved to a new location at the same facility.

Flat coating – a coating that is not defined under any other definition in this rule and that registers gloss less than fifteen (15) on an eighty-five (85) degree meter or less than five (5) on a sixty (60) degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in § 778.5.

Flea and tick insecticide – is the following:

(a) Any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs; and

(b) Does not include products that are designed to be used exclusively on humans or animals and their bedding.

Flexible flooring material – asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.

Flexible packaging – any package or part of a package, the shape of which can be readily changed, including but not limited to bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any combination of these materials and printing of shrink-wrap labels or wrappers conducted on or in-line with a flexible package printing press, printing, coating, and laminating. “Flexible packaging” does not include production of and printing on self-adhesive labels, folding cartons, gift wraps, wall coverings, vinyl products, decorative laminates, floor coverings, and tissue products.

Flexible vinyl – non-rigid polyvinyl chloride plastic with at least five percent (5%) by weight plasticizer content.

Flexographic package printing – a flexible package printing process where the image is raised above the printing plate, and the image carrier is made of rubber or other elastomeric materials.

Flexographic package printing press – an unwind or feed station, which may include more than one unwind or feed station (such as on a laminator), a series of individual work stations, one (1) or more of which is a flexographic print station, any dryers (including interstage dryers and overhead tunnel dryers) associated with the work stations, and a rewind, stack, or collection section. The work stations may be oriented vertically, horizontally, or around the circumference of a single large impression cylinder. Inboard and outboard work stations, including those employing any other technology, such as rotogravure, are included if they are capable of printing or coating on the same substrate.

Floor coating – an opaque coating that is labeled and designed for application to flooring, including, but not limited to, decks, porches, steps, and other horizontal surfaces, which may be subjected to foot traffic.

Floor polish or wax – is the following:

(a) A wax, polish, or any other product designed to polish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished; and

(b) Does not include spray buff products, products designed solely for the purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors, and coatings subject to architectural coatings in §§ 773 through 778.

Floor seam sealer – any product designed and labeled exclusively for bonding, fusing, or sealing seams between adjoining rolls of installed flexible sheet flooring.

Floor wax stripper – is the following:

(a) A product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax; and

(b) Does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.

Flow coating –

For the purposes of §§ 718 and 743 through 750, a non-atomized technique of applying coating to a substrate using a fluid nozzle in a fan pattern with no air supplied to the nozzle, where the application completely covers the surface; or

For the purposes of §§ 773 through 778, a coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.

Flying bug insecticide – is the following:

(a) Any insecticide product that is designed for use against flying insects or other flying arthropods including but not limited to flies, mosquitoes, moths, or gnats; and

(b) Does not include “wasp and hornet insecticide,” products that are designed to be used exclusively on humans or animals, or any moth-proofing product (moth-proofing product means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods).

Footwear and leather care product – is the following:

(a) Any product designed or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component;

(b) Includes both leather and non-leather foot apparel; and

(c) Does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than two millimeters (2 mm.) thick.

Form-release compound – a coating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood, metal, or some material other than concrete.

Fountain solution – with respect to offset lithographic printing, a water-based solution that contains small amounts of gum Arabic or synthetic resins, acids, buffer salts and a wetting agent or dampening aid (such as alcohol and alcohol substitutes) applied to the lithographic plate to prevent the non-image areas from receiving ink.

Fountain solution reservoir – the collection tank that accepts fountain solution recirculated from printing unit(s). In some cases, the tanks are equipped with cooling coils for refrigeration of the fountain solution.

Fragrance – a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components, with a combined vapor pressure not in excess of two millimeters of mercury (2 mm. Hg) at twenty degrees Celsius (20o C) or sixty-eight degrees Fahrenheit (68° F), the sole purpose of which is to impart an odor or scent, or to counteract a malodor.

Freeboard ratio – is the following:

(a) For a cold cleaning machine, the distance from the liquid solvent to the top edge of the cold cleaning machine divided by the width of the cold cleaning machine; and

(b) For an operating batch vapor cleaning machine or an in-line vapor cleaning machine, the distance from the top of the solvent vapor layer to the top edge of the vapor cleaning machine divided by the width of the vapor cleaning machine.

Freeboard refrigeration device – a set of secondary coils mounted in the freeboard area of a solvent cleaning machine that carries a refrigerant or other chilled substance to provide a chilled air blanket above the solvent vapor. A solvent cleaning machine’s primary condenser that is capable of maintaining a temperature in the center of the chilled air blanket at not more than thirty percent (30%) of the solvent boiling point and is both a primary condenser and a freeboard refrigeration device.

Fuel – all fuels subject to any provision of 20 DCMR chapter 9 or Title 13, California Code of Regulations, Chapter 5, Standards for Motor Vehicle Fuels, §§ 2250 through 2298, except for § 2292.5, 2292.6, and 2292.7.

Furniture coating – any paint designed for application to room furnishings including but not limited to cabinets, kitchen, bath and vanity, tables, chairs, beds, and sofas.

Furniture maintenance product – is the following:

(a) A wax, polish, conditioner, or any other product designed for the purpose of polishing, protecting, or enhancing finished wood surfaces other than floors; and

(b) Does not include dusting aids, wood cleaners, and products designed solely for the purpose of cleaning, and products designed to leave a permanent finish including but not limited to stains, sanding sealers, and lacquers.

Gel – a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, including but not limited to jelly.

General purpose adhesive – is any non-aerosol adhesive designed for use on a variety of substrates, except for:

(a) Contact adhesives;

(b) Construction, panel, floor covering adhesives;

(c) Adhesives designed exclusively for application on one (1) specific category of substrates, including but not limited to substrates that are composed of similar materials, including but not limited to different types of metals, paper products, ceramics, plastics, rubbers, or vinyls; or

(d) Adhesives designed exclusively for use on one (1) specific category of articles, including but not limited to articles that may be composed of different materials but perform a specific function, including but not limited to gaskets, automotive trim, weather-stripping, or carpets.

General purpose cleaner – is the following:

(a) A product designed for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations, including but not limited to products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces; and

(b) Does not include general purpose degreasers and electronic cleaners.

General purpose degreaser – is the following;

(a) Any product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts; and

(b) Does not include engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish/cleanser, products used exclusively in solvent cleaning tanks or related equipment, or products that are sold exclusively to establishments which manufacture or construct goods or commodities, and are labeled “not for retail sale”.

General-use hand or body cleaner or soap – is the following:

(a) A cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils, including but not limited to hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent including but not limited to antimicrobial, heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

Glass cleaner – is the following:

(a) A cleaning product designed primarily for cleaning surfaces made of glass; and

(b) Does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines.

Graffiti remover – a product whose label states the product’s purpose is to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, from a variety of non-cloth or non-fabric substrates. Graffiti remover does not include paint remover or stripper, nail polish remover, or spot remover. Products labeled for dual use as both a paint stripper and graffiti remover are considered graffiti removers.

Graphic arts operation - the application of logos, letters, numbers, or graphics to a painted surface by brush, roller, or airbrush.

Graphic arts coating or sign paint – a coating labeled and formulated for hand-application by artists using brush or roller techniques to indoor and outdoor signs excluding structural components and murals including letter enamels, poster colors, copy blockers, and bulletin enamels.

Gravure – any process for producing prints from a plate where the image is etched or sunk below the surface of the plate where:

(a) The depression is usually a series of dots or wells;

(b) The depression is shallower in depth than the depression intaglio;

(d) The ink is absorbed by the paper (or other substrate) out of the wells or depressions.

Hair mousse – a hair styling foam designed to facilitate styling of a coiffure and provide limited holding power.

Hair shine – is the following:

(a) Any product designed for the primary purpose of creating a shine when applied to the hair, including but not limited to dual-use products designed primarily to impart a sheen to the hair; and

(b) Does not include hair spray, hair mousse, hair styling product, hair styling gel, or products whose primary purpose is to condition or hold the hair.

Hairspray – is the following:

(a) For products manufactured before January 1, 2012, a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time; and

(b) For products manufactured on or after January 1, 2012, a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain or finish the style of the hair for a period of time, which:

(1) Includes aerosol hair sprays, pump hair sprays, spray waxes, color, glitter, or sparkle hair sprays that make finishing claims, and products that are both a styling and finishing product;

(2) Does not include spray products that are intended to aid in styling but does not provide finishing of a hairstyle; and

(3) For the purposes of this definition, “finish” or “finishing” means the maintaining or holding of previously styled hair for a period of time, and “styling” means the forming, sculpting, or manipulating hair to temporarily alter the hair’s shape.

Hair styling gel – a consumer product manufactured before January 1, 2012, that is a high viscosity, often gelatinous, product that contains a resin and is designed for the application to hair to aid in styling and sculpting of the hair coiffure.

Hair styling product – a consumer product manufactured on or after January 1, 2012, that is designed or whose label states the product’s purpose is to aid in defining, shaping, lifting, styling, or sculpting of the hair:

(a) Including, but not limited to, hair balm, clay, cream, crème, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle, and leave-in volumizers, detanglers, or conditioners that make styling claims;

(b) Excluding hair mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed from the hair before styling; and

(c) For the purposes of this definition, “finish” or “finishing” means the maintaining or holding of previously styled hair for a period of time, and “styling” means the forming, sculpting, or manipulating hair to temporarily alter the hair’s shape.

Hand application methods – the application of adhesive or sealant by manually held equipment. Such equipment includes paint brush, hand roller, trowel, spatula, dauber, rag, sponges, and mechanically- or pneumatic-driven syringes without atomization of the materials.

Haze removal – the final cleaning stage or process to remove ink residue from a used screen.

Heatset – a lithographic printing process where the inks and other materials applied to the substrate are dried, set, cured, or otherwise treated by the action of heat in a heatset dryer, excluding treatment by the use of ultraviolet light;

Heatset dryer – a hot air dryer used in heatset lithography to heat the printed substrate and to promote the evaporation of ink solvents or oils.

Heavy-duty hand cleaner or soap – is the following:

(a) A product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer’s ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of water; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

Herbicide – a pesticide product designed to kill or retard a plant’s growth, but excludes products that are for agricultural use or restricted materials that require a permit for use and possession.

High precision optic – an optical element used in an electro-optical device to sense, detect, or transmit light energy, including specific wavelengths of light energy and changes in light energy levels.

High-temperature coating – a high performance coating whose label states as the product’s purpose and is formulated for application to substrates exposed continuously or intermittently to temperatures above two hundred and four degrees Celsius (204° C) or four hundred degrees Fahrenheit (400° F).

High volatility organic compound (HVOC) – any volatile organic compound that exerts a vapor pressure greater than eighty millimeters of mercury (80 mm. Hg) when measured at twenty degrees Celsius (20o C) or sixty-eight degrees Fahrenheit (68º F).

High-volume low-pressure (HVLP) spray – spray equipment permanently labeled HVLP that is designed and operated between one tenth of a pound (0.1 lb.) and ten pounds (10.0 lb.) per square inch gauge (psig) air atomizing pressure, measured dynamically at the center of the air cap and at the air horns.

High volume-low pressure spray – the application of a coating with a gun which operates between one tenth pounds (0.1 lb.) and ten pounds (10.0 lb.) per square inch guage (psig) air pressure.

Household product – any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings.

Immersion cold cleaning machine – a cold cleaning machine in which the parts are immersed in the solvent when being cleaned.

Impacted immersion coating – a high performance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water. These coatings are specifically resistant to high-energy impact damage caused by floating ice or debris.

Indoor floor covering installation adhesive – any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl-backed carpet, resilient sheet and roll, or artificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a non-porous substrate, such as flexible vinyl, are excluded from this category.

Industrial cleaning solvent – any liquid containing a volatile organic compound or combination of volatile organic compounds, which is used as a cleaning agent in a solvent cleaning operation.

Industrial maintenance coating – a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for application to substrates exposed to one or more of the following extreme environmental conditions listed as follows and labeled as set forth in § 776:

(a) Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of interior surfaces to moisture condensation;

(b) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

(c) Repeated exposure to temperatures above one hundred twenty-one degrees Celsius (121° C) or two hundred fifty degrees Fahrenheit (250° F);

(d) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial solvents, cleansers, or scouring agents; or

(e) Exterior exposure of metal structures and structural components.

Ink removal – removal of excess ink from a used screen.

Inking cylinder – the contrivance, usually a cylinder, which applies the ink to the printing plate.

In-line vapor cleaning machine – a vapor cleaning machine that uses an automated parts handling system, typically a conveyor, to automatically provide a supply of parts to be cleaned. In-line vapor cleaning machines are fully enclosed except for the conveyor inlet and exit portals.

Insecticide – is the following:

(a) A pesticide product that is designed for use against insects or other arthropods; and

(b) Excludes products that are for agricultural use, for a use that requires a structural pest control license under applicable District of Columbia laws or regulations, or restricted materials that require a permit for use and possession.

Insecticide fogger – any insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.

Institutional product or industrial and institutional (I & I) product – is the following:

(a) A consumer product that is designed for use in the maintenance or operation of an establishment that manufactures, transports, or sells goods or commodities; provides services for profit; or is engaged in the nonprofit promotion of a particular public, educational, or charitable cause, including but not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies; and

(b) Excludes household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.

Intaglio – the method of printing from plates in which the image is etched or sunk below the surface of the plate and where:

(a) The depression is usually a line or area;

(b) The depression is deeper than the depression of the gravure dots;

(d) The ink is transferred to the paper (or other substrate) at least partly by pressure.

Janitorial cleaning – the cleaning of building or facility components, including but not limited to, floors, ceilings, walls, windows, doors, stairs, bathrooms, furnishings, and exterior surfaces of office equipment, and excluding the cleaning of work areas where manufacturing or repair activity is performed.

Janitorial products – products used for the janitorial cleaning of building or facility components including, but limited to, floors, ceilings, walls, windows, doors, stairs, and bathrooms.

Kerosene – any light petroleum distillate that is commonly or commercially known, sold, or represented as kerosene that is used in space heating, cook stoves, and water heaters, and is suitable for use as a light source when burned in wick-fed lamps.

Label – any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package.

Lacquer – a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film.

Laminate – a product made by bonding together two (2) or more layers of material.

Large appliance coatings – A product that includes paints, sealants, caulks, inks, adhesives, and maskants, except for the use of quick-drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed ninety-five one hundredths of a liter (0.95 L) or twenty-five hundredth gallons (0.25 gal.) in any one eight-hour period.

Large appliance part – Any organic surface-coated metal lid, door, casing, panel, or other interior or exterior metal part or accessory that is assembled to form a large appliance product.

Large appliance product – Any organic surface-coated metal range, oven, microwave oven, refrigerator, freezer, washer, dryer, dishwasher, water heater, or trash compactor manufactured for household, commercial, or recreational use.

Laundry prewash – a product that is designed for application to a fabric before laundering and that supplements and contributes to the effectiveness of laundry detergents or provides specialized performance.

Laundry starch product – a product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing of the fabric including but not limited to fabric finish, sizing, and starch.

Lawn and garden insecticide – an insecticide product whose label states the product’s purpose is primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the requirements of § 732.11 and 732.12, aerosol lawn and garden insecticide may claim to kill insects or other arthropods.

Letterpress – any method of printing from type, plates, or other characters cast or engraved in relief upon metal, wood, or other material in which the ink is applied directly to the paper (or other substrate) from the printing plate, and the impression is made by pressing the inked plate to the substrate.

Letterset – an indirect letterpress process in which the ink is transferred from a relief plate to a blanket and then from the blanket to the paper (or other substrate).

Liquid – is the following:

(a) A substance or mixture of substances that is capable of a visually detectable flow as determined under ASTM D-4359-90(2000)e1, including any subsequent amendments; and

(b) Does not include powders or other materials that are composed entirely of solid particles.

Lithography – a planographic printing process where the image and non-image areas are chemically differentiated, the image area is oil receptive, and the non-image area is water receptive. This method differs from other printing methods, where the image is typically printed from a raised or recessed surface.

Low-solids coating, adhesive, sealant, or primer – a coating containing twelve one hundredths of a kilogram (0.12 kg.) or less of solids per liter (one pound (1 lb.) or less of solids per gallon) of material.

Lubricant – is the following:

(a) A product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms; and

(b) Does not include automotive power steering fluids, products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes, two (2) cycle oils or other products designed to be added to fuels, products for use on the human body or animals, products that are sold exclusively to establishments that manufacture or construct goods or commodities, and products labeled not for retail sale.

LVP content – the total weight, in pounds, of LVP compounds in an ACP product multiplied by one hundred (100) and divided by the product's total net weight, in pounds, excluding container and packaging, expressed to the nearest tenth (0.1).

LVP-VOC – is the following:

(a) A chemical compound or mixture that contains at least one (1) carbon atom and meets one of the following:

(1) Has a vapor pressure less than one tenth millimeters of mercury (0.1 mm Hg) at twenty degrees Celsius (20o C) or sixty-eight degrees Fahrenheit (68° F), as determined by CARB Method 310;

(2) Is a chemical compound with more than twelve (12) carbon atoms, or a chemical “mixture” comprised solely of “compounds” with more than twelve (12) carbon atoms as verified by formulation data, and the vapor pressure and boiling points are unknown;

(3) Is a chemical compound with a boiling point greater than two hundred and sixteen degrees Celsius (216o C) or sixty-eight degrees Fahrenheit (68° F), as determined by CARB Method 310; or

(4) Is the weight percent of a chemical mixture that boils above two hundred and sixteen degrees Celsius (216o C) or sixty-eight degrees Fahrenheit (68° F), as determined by CARB Method 310;

(b) Chemical compound means a molecule of definite chemical formula and isomeric structure, and

Magnesite cement coating – a coating whose label states as the product’s purpose and is formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

Magnet wire – Wire used in electromagnetic field application in electrical machinery and equipment such as transformers, motors, generators, and magnetic tape recorders.

Manufacturer – any person who imports, manufactures, assembles, produces, packages, repackages, or re-labels a consumer product or portable fuel container or spout or combination portable fuel container and spout.

Marine deck sealant or marine deck sealant primer – any sealant or sealant primer whose label states the product’s purpose is for application to wooden marine decks.

Maskant – Decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances that are not considered metal furniture coatings.

Mastic texture coating – a coating whose label states the product’s purpose and is formulated to cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat of at least ten one-thousandth of an inch (0.010 in.) dry film thickness.

Medical equipment manufacturing – the manufacture of medical devices, such as, but not limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood oxygenators, and cardiatory reservoirs.

Medicated astringent/medicated toner – is the following:

(a) Any product regulated as a drug by the FDA that is applied to the skin for the purpose of cleaning or tightening pores including but not limited to clarifiers and substrate-impregnated products; and

(b) Does not include hand, face, body cleaner or soap products, astringent/toner, cold cream, lotion, antiperspirants, or products that must be purchased with a doctor’s prescription.

Medium volatility organic compound (MVOC) – any volatile organic compound that exerts a vapor pressure greater than two millimeters of mercury (2 mm. Hg) and less than or equal to eighty millimeters of mercury (80 mm. Hg) when measured at twenty degrees Celsius (20o C) or sixty-eight degrees Fahrenheit (68° F).

Metal furniture coatings – includes paints, sealants, caulks, inks, adhesives, and maskants that are applied to metal furniture substrates, such as:

Paints and adhesives that are typically applied without a primer;

Higher solids and powder coatings; and

Coatings that provide a covering finish, or functional or protective layer, and can also provide a decorative finish to metal furniture.

Metal furniture substrate – the furniture or components of furniture, constructed either entirely or partially from metal.

Metallic/iridescent color coating - a coating that contains more than five (5) grams per liter (forty-two one thousandths, or 0.042, pounds per gallon) of metal or iridescent particles as applied, where the particles are visible in the dried film.

Metallic pigmented coating – a coating containing at least forty-eight grams (48 g.) of elemental metallic pigment per liter of coating as applied (four tenths of a pound (0.4 lb.) per gallon), when tested in accordance with SCAQMD Method 318-95.

Metal polish/cleanser – is the following:

(a) Any product designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces by physical or chemical action;

(1) Including, but not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel, and other ornamental metals; and

(2) “To improve the appearance” means to remove or reduce stains, impurities, or oxidation from surfaces or to make surfaces smooth and shiny; and

(b) Excluding automotive wax, polish, sealant or glaze, wheel cleaner, paint remover or stripper, products designed and whose label states the product’s purpose is exclusively for automotive and marine detailing, or products designed for use in degreasing tanks.

Metal to urethane/rubber molding or casting adhesive – any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for computer printers or other paper handling equipment.

Miscellaneous metal product and plastic parts surface coatings – coatings that are applied to the surfaces of a range of metal and plastic parts and products, which are constructed either entirely or partially from metal or plastic, to protect metal parts from corrosion by providing resistance to moisture, heat, and sometimes the outdoor elements; or to provide color, texture, or protection of plastic parts, thus improving appearance and durability, or to attenuate electromagnetic interference or radio frequency interference signals, and to conceal mold lines and flaws in the substrate surface.

Miscellaneous metal products facility – a facility that manufactures and repairs fabricated metal, machinery, computer and electronic equipment, transportation equipment, and rail transportation equipment, and typically uses coating technologies such as higher solids, waterborne, and powder coatings, as well as conventional solvent-borne coatings.

Missing data days – the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales or VOC content data to the Department, as specified in the ACP Agreement approving an ACP.

Mist spray adhesive – any aerosol that is not a special purpose spray adhesive and that delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.

Mobile equipment – equipment that may be drawn or driven or is capable of being drawn or driven on a roadway or rails, including but not limited to: automobiles, trucks, truck cabs, truck bodies, truck trailers, buses, motorcycles, utility bodies, camper shells, mobile cranes, bulldozers, street cleaners, golf carts, ground support vehicles used in support of aircraft activities at airports, implements of animal husbandry or agriculture and farm equipment, and trains and railcars.

Motor vehicle – any motor vehicle, as defined in § 1(a) of title IV of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 679; D.C. Official Code § 50-1501.01).

Motor vehicle adhesive – an adhesive, including glass bonding adhesive, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied for the purpose of bonding two (2) vehicle surfaces together without regard to the substrates involved.

Motor vehicle glass bonding primer – a primer, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass bonding adhesives or the installation of adhesive bonded glass. Motor vehicle glass bonding primer includes glass bonding and cleaning primers that perform both functions (cleaning and priming of the windshield or other glass, or body openings) before the application of adhesive or the installation of adhesive bonded glass.

Motor vehicle weatherstrip adhesive – an adhesive, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to weatherstripping materials for bonding the weatherstrip material to the surface of the vehicle.

Multicolor coating – a coating that exhibits more than one color in the dried film after a single application, is packaged in a single container, hides surface defects on areas of heavy use, and is applied over a primer or adhesion promoter.

Multi-purpose construction adhesive – any adhesive intended by the manufacturer for use in installation or repair of various construction materials, including but not limited to, drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile, and acoustical cement.

Multi-purpose dry lubricant – any lubricant which is designed and whose label states the product’s purpose is to provide lubrication by depositing a thin film of graphite, molybdenum disulfide (moly), or polytetrafluoroethylene or closely related fluoropolymer (teflon) on surfaces, and designed for general purpose lubrication, or for use in a wide variety of applications.

Multi-purpose lubricant – any lubricant designed for general purpose lubrication, or for use in a wide variety of applications. This term does not include multi-purpose dry lubricants, penetrants, or silicone-based multi-purpose lubricants.

Multi-purpose solvent – is any organic liquid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials:

(a) Including solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific, or other laboratories; and

(b) Excluding solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment.

Nail polish – any clear or colored coating designed for application to the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, base coats, and top coats.

Nail polish remover – a product designed to remove nail polish and coatings from fingernails or toenails.

Nominal capacity – the volume indicated by the manufacturer that represents the maximum recommended filling level.

Non-aerosol product – any consumer product that is not dispensed by a pressurized spray system.

Non-carbon containing compound – any compound that does not contain any carbon atoms.

Non-flat coating – a coating that is not defined under any other definition in this rule and that registers a gloss of fifteen (15) or greater on an eighty-five (85) degree meter and five (5) or greater on a sixty (60) degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in § 778.5.

Non-flat high gloss coating – a non-flat coating that registers a gloss of seventy (70) or above on a sixty (60) degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in § 778.5.

Non-heatset – as applied to offset lithography or letterpress printing operations subject to the requirements of § 716, any operation where the printing inks are set without the use of heat. For the purposes of § 716, infrared heater or printing conducted using ultraviolet-cured or electron beam-cured inks are considered non-heatset.

Non-industrial use – any use of architectural coatings, except in the construction or maintenance of any of the following:

(a) Facilities used in the manufacturing of goods and commodities;

(b) Transportation infrastructure, including highways, bridges, airports, and railroads;

(d) Utilities infrastructure, including power generation and distribution, and water treatment and distribution systems.

Non-membrane roof installation/repair adhesive – any adhesive intended by the manufacturer for use in the installation or repair of non-membrane roofs and that is not intended for use in the installation of prefabricated single-ply flexible roofing membrane. This category includes plastic or asphalt roof cement, asphalt roof coatings, and cold application cement.

Non-membrane roof installation/repair solvent – any solvent intended by the manufacturer for use in the installation or repair of non-membrane roofs and that is not intended for use in the installation of prefabricated single-ply flexible roofing membrane.

Non-resilient flooring – flooring of a mineral content that is not flexible, including but not limited to terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.

Non-selective terrestrial herbicide – a terrestrial herbicide product that is toxic to plants without regard to species.

Nuclear coating – a protective coating formulated and recommended to seal porous surfaces such as steel or concrete that otherwise would be subject to intrusion by radioactive materials;

(a) These coatings must be resistant to long-term (service life) cumulative radiation exposure in accordance with ASTM Method D 4082-89, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants; and

(b) Relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed in accordance with ASTM Method D 3912-80 (Reapproved 1989), Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants.

Off-line cleaning – the cleaning of inks, coatings, and adhesives from press parts that have been removed from the press for cleaning.

Offset printing process – a printing process that transfers the ink film from the lithographic plate to an intermediary (a blanket, made of rubber or other material) which, in turn, transfers the ink film to the substrate.

One-product business – a responsible ACP party that sells, supplies, offers for sale, or manufactures for use in District of Columbia:

(a) Only one (1) distinct ACP product, sold under one (1) product brand name, that is subject to the requirements of § 720; or

(b) Only one (1) distinct ACP product line subject to the requirements of §720, in which all the ACP products belong to the same product category or categories and the VOC contents in the products are within ninety-eight percent (98%) and one hundred two percent (102%) of the arithmetic mean of the VOC contents over the entire product line.

Other automotive coating type - an automotive coating that does not meet the definitions for the specified automotive coating categories in Table I of § 718.

Outboard engine – a spark-ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external to the hull of the marine watercraft.

Outdoor floor covering installation adhesive – any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during normal use.

Oven cleaner – any cleaning product designed to clean and to remove dried food deposits from oven walls.

Paint – any pigmented liquid, liquefiable, or mastic composition, including several categories of primers, topcoats, and specialty coatings, typically defined by the coating’s function, which is designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration, or identification, or to serve some functional purpose including but not limited to the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.

Paint remover or stripper – is the following:

(a) Any product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate; and

(b) Excludes multi-purpose solvents, paint brush cleaners, products designed and whose label states the product’s purpose is exclusively as “graffiti removers”, and hand cleaner products that claim to remove paints and other related coatings from skin.

Panel installation – the installation of plywood, pre-decorated hardboard (or tileboard), fiberglass reinforced plastic, and similar pre-decorated or non-decorated panels to studs or solid surfaces using an adhesive formulated for that purpose.

Paper-wipe – the method of removing ink from the non-image areas of the printing plate by using paper.

Penetrant – is the following:

(a) A lubricant designed and whose label states the product’s purpose is primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes; and

(b) Excludes multi-purpose lubricants that claim to have penetrating qualities, but are not whose label states the product’s purpose is primarily to loosen bonded parts.

Percent VOC by weight – the ratio of the weight of the VOC to the weight of the material, expressed as a percentage of VOC by weight. The percent VOC by weight can be calculated as follows:

where: Wv = Weight of VOCs in grams; and

W = Weight of material in grams.

Perimeter bonded sheet flooring installation – the installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip of up to four inches (4 in.) wide around the perimeter of the sheet flooring.

Permeation – means the process by which individual fuel molecules may penetrate the walls and various assembly components of a portable fuel container directly to the outside ambient air.

Personal fragrance product – is the following:

(a) Any product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, aftershave, and toilet water; and

(b) Does not include deodorant; medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body; mouthwashes, breath fresheners, and deodorizers; lotions, moisturizers, powders, or other skin care products used primarily to alleviate skin conditions such as dryness or irritations; products designed exclusively for use on human genitalia and; fragrance products designed to be used exclusively on non-human animals.

Pesticide – is the following:

(a) Any substance or mixture of substances whose label states as the product’s purpose, or is designed or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture of substances whose label states as the product’s purpose, or is designed or intended for use as a defoliant, desiccant, or plant regulator; and

(b) Does not include any substance, mixture of substances, or device that the United States Environmental Protection Agency does not consider to be a pesticide.

Pharmaceutical products – a preparation or compound, which includes any drug, analgesic, decongestant, antihistamine, cough suppressant, vitamin, mineral, or herb supplement intended for human or animal consumption and used to cure, mitigate or treat disease or improve or enhance health.

Photochemically reactive solvent – any solvent with an aggregate of more than twenty percent (20%) of its total volume composed of chemical compounds classified below or which exceeds any of the following individual percentage composition limitations:

(a) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an olefinic or cyclo-olefinic type of unsaturation that account for five percent (5%) or more of the total volume of a solvent;

(b) A combination of aromatic compounds with eight (8) or more carbon atoms to the molecule except ethylbenzene that account for eight percent (8%) or more of the total volume of a solvent; or

(c) A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichloroethylene or toluene that account for twenty percent (20%) or more of the total volume of a solvent.

Plastic cement welding adhesive – any adhesive intended by the manufacturer for use to dissolve the surface of plastic to form a bond between mating surfaces.

Plastic cement welding adhesive primer – any primer intended by the manufacturer for use to prepare plastic substrates before bonding or welding.

Plastic foam – foam constructed of plastic.

Plasticizer – a material, such as high boiling point organic solvent, that is incorporated into a vinyl to increase its flexibility, workability, or distensibility, as determined by the ASTM Method E-260-96.

Plastics – synthetic material chemically formed by the polymerization of organic (carbon-based) substances. Plastics are usually compounded with modifiers, extenders, or reinforcers and are capable of being molded, extruded, cast into various shapes and films or drawn into filaments.

Plastic part – A piece made from a substance that has been formed from resin through the application of pressure or heat or both.

Plate – a plate or cylinder or any other contrivance that carries the image to be printed and to which ink is applied. The inked plate transfers the image to the paper (or other substrate) either directly, or, in the offset process, indirectly through a blanket.

Polyvinyl chloride (PVC) plastic – a polymer of the chlorinated vinyl monomer that contains fifty-seven percent (57%) chlorine.

Polyvinyl chloride (PVC) welding adhesive – any adhesive intended by the manufacturer for the welding of PVC plastic pipe. PVC plastic is a polymer of the chlorinated vinyl monomer that contains fifty-seven percent (57%) chlorine and which is normally identified with a PVC marking.

Porous material – a substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged. Such materials include, but are not limited to, paper, corrugated paperboard, and, except for the limit in Category 5 (Adhesives Applied To Particular Substrates) in the Table of Standards in § 744.2, wood.

Portable fuel container – any container or vessel, with a nominal capacity of ten (10) gallons or less, intended for reuse, that is designed, used, sold, advertised, or offered for sale for receiving, transporting, storing, and dispensing fuel or kerosene. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled, as described in 49 C.F.R. § 172.407(a), as the rule existed on September 15, 2005, with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products.

Post-consumer coating – a finished coating that would have been disposed of in a landfill, having completed its usefulness to a consumer, and does not include manufacturing wastes.

Pre-ACP VOC content – the lowest VOC content of an ACP product between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department, based on either the data on the product obtained from the March 12, 1991, CARB Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product.

Pressurized gas duster – a pressurized product whose label states the product’s purpose is to remove dust from a surface solely by mass air or gas flow, including surfaces such as photographs, photographic film negatives, computer keyboards, and other types of surfaces that cannot be cleaned with solvents. Pressurized gas duster does not include a dusting aid.

Pre-treatment wash primer – a primer that contains a minimum of one half of a percent (0.5%) acid, by weight, when tested in accordance with ASTM Designation D 1613-96, incorporated by reference into § 778.5, that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

Primer – a coating whose label states the product’s purpose is, and is formulated for, application to a substrate to provide a firm bond between the substrate and subsequent coats.

Principal display panel or panels – that part, or those parts, of a label that are so designed as to most likely be displayed, presented, shown, or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the principal display panel shall pertain to all such principal display panels.

Printing – the process of producing images, coatings, or other design on paper (or other substrate) by the use of inks.

Printing operation – each operation used in connection with printing, including, but not limited to, the printing itself, lithographic varnish and coating operations, ink manufacture, ink mixing, preparing, and packaging the printed products and disposal of the waste.

Printing press – a printing production assembly composed of one (1) or more printing units to produce a printed sheet or web or substrate including any associated coating, spray powder application, heatset web dryer, ultraviolet or electron beam curing units, or infrared heating units.

Printing unit – one (1) or more pieces of equipment used for the simultaneous placing of one (1) or more inks on paper (or some other substrate) in the process of printing. A printing press often contains more than one (1) printing unit, each unit successively printing a separate portion of the total printing.

Product brand name – the name of the product exactly as it appears on the principal display panel of the product.

Product category – the applicable category that best describes the product as listed in this section and § 720.

Product line – a group of products of identical form and function belonging to the same product category or categories.

Propellant – a liquid or compressed gas that is used, in whole or in part, such as a co-solvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container.

Pump spray – a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

Quick-dry enamel – a non-flat coating that is labeled as specified in § 776.1(h) and that is formulated to have the following characteristics:

(a) Is capable of being applied directly from the container under normal conditions with ambient temperatures between sixteen degrees Celsius (16º C) or sixty-one degrees Fahrenheit (61º F) and twenty-seven degrees Celsius (27° C) or eight-one degrees Fahrenheit (81º F);

(b) When tested in accordance with ASTM Designation D 1640-95, incorporated by reference in § 778.5, sets to touch in two (2) hours or less, is tack free in four (4) hours or less, and dries hard in eight (8) hours or less by the mechanical test method; and

Quick-dry primer sealer and undercoater – a primer, sealer, or undercoater that is dry to the touch in thirty (30) minutes and can be re-coated in two (2) hours when tested in accordance with ASTM Designation D 1640-95, incorporated by reference in § 778.5.

RACT – Reasonably Available Control Technology.

Reactive diluent – a liquid that is a reactive organic compound during application and that, through chemical or physical reactions, such as polymerization, twenty percent (20%) or more of the reactive organic compound becomes an integral part of the finished material.

Reactive Penetrating Carbonate Stone Sealer – a clear or pigmented coating whose label states the product’s purpose is, and is formulated for, application to above-grade carbonate stone substrates to provide protection from water and waterborne contaminants, including, but not limited to, alkalis, acids, and salts. Reactive Penetrating Carbonate Stone Sealers must penetrate into carbonate stone substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate. Reactive Penetrating Carbonate Stone Sealers line the pores of carbonate substrates with a hydrophobic coating, but do not form a surface film. Reactive Penetrating Carbonate Stone Sealers must:

Improve water repellency at least eighty percent (80%) after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with, ASTM C67-07, ASTM C97-02, or ASTM C140-06; and

Not reduce the water vapor transmission rate by more than ten percent (10%) after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with ASTM E96/E96M-05.

Reasonably Available Control Technology (RACT) – the lowest emission limit for VOCs or NOx that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

Reconcile or reconciliation – to provide sufficient VOC emission reductions to completely offset any shortfalls generated under the ACP during an applicable compliance period.

Reconciliation of shortfalls plan – the plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Department pursuant to § 735.

Recycled coating – an architectural coating formulated such that not less than fifty percent (50%) of the total weight is secondary and post-consumer coating, with not less than ten percent (10%) of the total weight consisting of post-consumer coating.

Reduced room draft – decreasing the flow or movement of air across the top of the freeboard area of a solvent cleaning machine to less than fifty feet (50 ft.) per minute (fifteen and two tenths meters (15.2 m.) per minute) by methods including, but not limited to, redirecting fans or air vents, moving a machine to a corner where there is less room draft, or constructing a partial or complete enclosure.

Reinforced plastic composites – a composite material consisting of plastic reinforced with fibers.

Remote reservoir cold cleaning machine – a machine in which liquid solvent is pumped to a sink-like work area that immediately drains solvent back into an enclosed container while parts are being cleaned, allowing no solvent to pool in the work area.

Residence – areas where people reside or lodge, including, but not limited to, single and multiple family dwellings, condominiums, mobile homes, apartment complexes, motels, and hotels.

Responsible ACP party – the company, firm, or establishment that is listed on the ACP product's label. If the label lists two (2) or more companies, firms, or establishments, the responsible ACP party is the party that the ACP product was manufactured for or distributed by, as noted on the label.

Responsible party – the company, firm, or establishment that is listed on the product's label. If the label lists two (2) companies, firms or establishments, the responsible party is the party that the product was manufactured for or distributed by, as noted on the label.

Restricted materials – pesticides listed as restricted materials under applicable District of Columbia laws or regulations.

Retailer – any person who owns, leases, operates, controls, sells, supplies, or offers consumer products for sale directly to consumers or supervises a retail outlet.

Retail outlet – any establishment at which consumer products or portable fuel containers or spouts or combination portable fuel containers and spouts are sold, supplied, or offered for sale directly to consumers.

Roadway sealant – any sealant intended by the manufacturer for application to public streets, highways, and other surfaces, including but not limited to curbs, berms, driveways and parking lots.

Roller coating – the application of a coating to a sheet or strip in which the coating is continuously transferred by a roller or series of rollers that rotate opposite of one another.

Roll-on product – any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.

Roof coating – is the following:

(a) A non-bituminous coating whose label states the product’s purpose is, and is formulated exclusively for, application to roofs for the primary purpose of preventing penetration of the substrate by water or reflecting heat and ultraviolet radiation; and

(b) Excludes metallic pigmented roof coatings.

Rotogravure package printing – a flexible package printing process in which an image (type and art) is etched or engraved below the surface of a plate or cylinder.

Rotogravure package printing press – an unwind or feed section, which may include more than one (1) unwind or feed station (such as on a laminator), a series of individual work stations, one (1) or more of which is a rotogravure print station, any dryers associated with the work stations, and a rewind, stack, or collection station. Inboard and outboard workstations, including those employing any other technology, such as flexography, are included if they are capable of printing or coating on the same substrate.

Rubber – any natural or manmade rubber substrate, including but not limited to: styrene-butediene rubber (SBR), polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene (CSM), and ethylene propylene diene terpolymer (EPDM).

Rubber and vinyl protectant – is the following:

(a) Any product designed to protect, preserve, or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, and accessories; and

(b) Excludes products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on the tire.

Rubbing alcohol – any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and whose label states the product’s purpose is for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage.

Rust preventive coating – a coating formulated exclusively for non-industrial use to prevent the corrosion of metal surfaces and labeled as specified in § 776.1(f).

Sanding sealer – is the following:

(a) A clear or semi-transparent wood coating whose label states the product’s purpose is, and is formulated for, application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings; and

(b) Does not include sanding sealers that also meet the definition of a lacquer.

SCAQMD – South Coast Air Quality Management District.

Screen printing – a process in which the printing ink passes through a web or a fabric to which a refined form of stencil has been applied where the stencil openings determine the form and dimensions of the imprint.

Screen reclamation – removal of stencil or ghost image from a used screen.

Sealant – any material with adhesive properties that is formulated primarily to fill, seal, waterproof, or weatherproof gaps or joints between two (2) surfaces. Sealants include sealant primers and caulks.

Sealant and caulking compound – is the following:

(a) Any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two (2) surfaces;

(b) Does not include roof cements and roof sealants, insulating foams, removable caulking compounds, clear/paintable/water resistant caulking compounds, floor seam sealers, products designed exclusively for automotive uses, or sealers that are applied as continuous coatings;

(1) Removable caulking compounds are compounds which temporarily seal windows or doors for three (3) to six (6) month time intervals, and

(2) Clear/paintable/water resistant caulking compounds are compounds that contain no appreciable level of opaque fillers or pigments, transmit most or all visible light through the caulk when cured, are paintable, and are immediately resistant to precipitation upon application; and

(c) Does not include units of product, less packaging, which weigh more than one (1) pound and consist of more than sixteen (16) fluid ounces.

Sealant primer – any product intended by the manufacturer to be applied to a substrate, before the application of a sealant, to enhance the bonding surface.

Sealer – a coating whose label states the product’s purpose is and is formulated for application to a substrate for one (1) or more of the following purposes:

(a) To prevent subsequent coatings from being absorbed by the substrate; or

(b) To prevent harm to subsequent coatings by materials in the substrate.

Secondary coating (rework) – is the following:

(a) A fragment of a finished coating or a finished coating from a manufacturing process that has converted resources into a commodity of real economic value; and

(b) Does not include excess virgin resources of the manufacturing process.

Semisolid – a product that, at room temperature, will not pour, but will spread or deform easily, including but not limited to gels, pastes, and greases.

Shaving cream – an aerosol product which dispenses foam lather intended to be used with a blade, cartridge razor, or other wet-shaving system to remove facial or other bodily hair. Shaving cream does not include shaving gel.

Shaving gel – an aerosol product that dispenses a post-foaming semisolid designed to be used with a blade, cartridge razor, or other shaving system to remove facial or other bodily hair. Shaving gel does not include shaving cream.

Sheet-applied rubber installation – the process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. These operations also include laminating sheet rubber to fabric by hand.

Sheet-fed – as applied to offset lithography or letterpress printing operations subject to the requirements of § 716, a printing process where individual sheets of paper or other substrate are fed into the printing press sequentially.

Shellac – a clear or opaque coating formulated solely with the resinous secretions of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.

Shop application – application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process, including but not limited to original equipment manufacturing coatings.

Shortfall – is the following:

(a) The ACP emissions minus the ACP limit when the ACP emissions were greater than the ACP limit during a specified compliance period, expressed to the nearest pound of VOC; and

(b) Excludes emissions occurring before the date that the ACP Agreement approving an ACP is signed by the Department.

Silicone-based multi-purpose lubricant – is the following:

(a) Any lubricant which is designed, and whose label states the product’s purpose is, to provide lubricity primarily through the use of silicone compounds, including but not limited to polydimethylsiloxane, and designed and whose label states the product’s purpose is for general purpose lubrication, or for use in a wide variety of applications; and

(b) Excludes products designed, and whose label states the product’s purpose is, exclusively to release manufactured products from molds.

Single-phase aerosol air freshener – an aerosol air freshener with the liquid contents in a single homogeneous phase that does not require that the product container be shaken before use.

Single-ply roof membrane – a prefabricated single sheet of rubber, normally EPDM (ethylene-propylenediene terpolymer), that is applied in a single layer to a building roof.

Single-ply roof membrane adhesive primer – any primer whose label states the product’s purpose is for use by the manufacturer for cleaning and promoting adhesion of the single-ply roof membrane seams or splices before bonding.

Single-ply roof membrane installation or repair adhesive – any adhesive whose label states the product’s purpose is for use by the manufacturer for use in the installation or repair of single-ply roof membrane.

Single-ply roof membrane sealant – any sealant whose label states the product’s purpose is for use by the manufacturer for application to single-ply roof membrane.

Single-stage coating - a pigmented coating, excluding primers and multicolor coatings, labeled and formulated for application without a subsequent clear coat.

Small business – shall have the same meaning as defined in applicable District of Columbia laws and regulations.

Solicit – to require for use or to specify, by written or oral contract.

Solid – a substance or mixture of substances that, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D 4359-90(2000)e1, including subsequent amendments, incorporated by reference.

Solvent –

(a) For purposes of § 718, a fluid containing organic compounds added to a coating, including reducers and thinners.

(b) For all other purposes in this chapter, organic compounds that are used as diluents, thinners, dissolvers, viscosity reducers, cleaning agents or other related uses.

Solvent/air interface – the location of contact between the concentrated solvent vapor layer and the air:

(a) This location of contact is defined as the mid-line height of the primary condenser coils; and

(b) For a cold cleaning machine, it is the location of contact between the liquid solvent and the air.

Solvent cleaning machine – a device or piece of equipment that uses solvent liquid or vapor to remove contaminants, including but not limited to dirt, grease, oil, and coatings, from the surfaces of materials. Types of solvent cleaning machines include but are not limited to batch vapor cleaning machines, in-line vapor cleaning machines, immersion cold cleaning machines, remote reservoir cold cleaning machines, airless cleaning systems, and air-tight cleaning systems.

Solvent cleaning machine automated parts handling system – a mechanical device that carries all parts and parts baskets at a controlled speed from the initial loading of soiled or wet parts through the removal of the cleaned or dried parts.

Solvent cleaning machine down time – the period when a solvent cleaning machine is not cleaning parts and the sump heating coils, if present, are turned off.

Solvent cleaning machine idle time – the period when a solvent cleaning machine is not actively cleaning parts and the sump heating coil, if present, is turned on.

Solvent cleaning operation – the removal of loosely held uncured adhesives, uncured inks, uncured coatings, and contaminants, which include, but are not limited to:

(a) Dirt, soil, and grease from parts, products, tools, machinery, equipment, and general work areas; or

(b) Activities such as wipe cleaning, solvent flushing, or spraying, where each distinct method of cleaning in a cleaning process, which is a series of cleaning methods, constitute a separate solvent cleaning operation.

Solvent cleaning tanks or related equipment – include, but are not limited to cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a container.

Solvent flushing – the use of a solvent to remove uncured adhesives, uncured inks, uncured coatings, or contaminants from the internal surfaces and passages of the equipment by flushing solvent through the equipment.

Special purpose spray adhesive – an aerosol adhesive that satisfies any of the following definitions:

(a) Mounting adhesive – an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) without causing discoloration to the artwork;

(b) Flexible vinyl adhesive – an aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a non-rigid polyvinyl chloride plastic with at least five percent (5%), by weight, of plasticizer content. A plasticizer is a material, such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, workability, or distensibility, and may be determined using ASTM Method E260-91, including any subsequent amendments, or from product formulation data;

(d) Automobile headliner adhesive – an aerosol adhesive designed to bond together layers in motor vehicle headliners;

(e) Polyolefin adhesive – an aerosol adhesive designed to bond polyolefins to substrates;

(f) Laminate repair/edgebanding adhesive – consists of the following:

(1) An aerosol adhesive designed for the touch-up or repair of items laminated with high pressure laminates including but not limited to lifted edges, delaminates, or for the touch-up, repair, or attachment of edgebanding materials, including but not limited to, other laminates, synthetic marble, veneers, wood molding, and decorative metals; and

(2) High pressure laminate means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding two hundred and sixty-five degrees Fahrenheit (265º F) or one hundred twenty-nine degrees Celsius (129º C), and at pressures between one thousand pounds (1,000 lb.) and one thousand four hundred pounds (1,400 lb.) per square inch (psi); or

(g) Automotive engine compartment adhesive – an aerosol adhesive designed for use in motor vehicle under-the-hood applications that require oil and plasticizer resistance, as well as high shear strength, at temperatures of two hundred degrees Fahrenheit (200° F) to two hundred seventy-five degrees Fahrenheit (275º F) or ninety-three degrees Celsius (93° C) to one hundred thirty-five degrees Celsius (135º C).

Specialty flexographic printing – flexographic printing on polyethylene or polypropylene food packaging, fertilizer bags, or liquid-tight food containers.

Specialty primer, sealer, and undercoater – a coating labeled as specified in § 776.1(g) and that is formulated for application to a substrate to seal fire, smoke, or water damage, to condition excessively chalky surfaces, to seal in efflorescence or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four (4) or less as determined by ASTM Designation D 4214-98, incorporated by reference in § 778.5.

Spill-proof spout – any spout that complies with all of the performance standards specified in § 752 or with the certification requirement in § 755 and with the requirements in § 754.

Spill-proof system – any configuration of a portable fuel container and firmly attached spout that complies with all of the performance standards in § 752 or with the certification requirement in § 755 and with the requirements in § 754.

Spot repair - repair of an area of less than one (1) panel in size on a motor vehicle, piece of mobile equipment, or associated parts or components. There are several coating operations unique to spot repair that utilize a solvent only and in some cases a blend of solvent with appropriate film forming solids. As the blend required and the appropriate VOC content may vary depending upon the nature and extent of the spot repair, no VOC limits are specified for this operation which is limited to spot repair.

Spot remover – is the following:

(a) Any product whose label states the product’s purpose is to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal; and

(b) Excludes dry cleaning fluid, laundry prewash, or multi-purpose solvent.

Spout – any device that can be firmly attached to a portable fuel container for conducting pouring through which the contents of a portable fuel container can be dispensed, not including a device that can be used to lengthen the spout to accommodate necessary applications.

Spray buff product – a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

Stain – a clear, semi-transparent, or opaque coating formulated and whose label states the product’s purpose is to change the color of a surface, but not conceal the grain pattern or texture.

Stick product – any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area.

Stone consolidant – a coating whose label states the product’s purpose is, and is formulated for application to stone substrates to repair historical structures that have been damaged by weathering or other decay mechanisms. Stone consolidants must penetrate into stone substrates to create bonds between particles and consolidate deteriorated material. Stone consolidants must be specified and used in accordance with ASTM E2167-01, incorporated by reference in § 778.5(l). Stone consolidants are for professional use only and must be labeled as such, in accordance with the labeling requirements in § 776.1(j).

Stripping – the removal of cured coatings, inks, adhesives, or maskants, including, but not limited to, industrial coating removal systems used to remove propellants, paints, or other previously applied coatings other than grease from metal, to wood furniture stripping, metal parts stripping, and dry film stripper operations.

Structural glazing adhesive – any adhesive intended by the manufacturer to apply glass, ceramic, metal, stone, or composite panels to exterior building frames.

Structural waterproof adhesive – in accordance with the Federal Consumer Products Regulation, 40 C.F.R. Part 59 Subpart C, an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181D (Type 1, Grade A).

Subfloor installation – the installation of subflooring material over floor joists, including the construction of any load bearing joists. Subflooring is covered by a finish surface material.

Superheated vapor system – a system that heats the solvent vapor to a temperature of ten degrees Fahrenheit (10º F) or negative twelve degrees Celsius (-12º C) above the solvent’s boiling point. Parts are held in the superheated vapor before exiting the machine to evaporate the liquid solvent on the parts.

Surface preparation – the cleaning of surfaces before coating, further treatment, sale, or intended use.

Surface preparation solvent – a solvent used to remove dirt, oil, and other contaminants from a substrate before the application of a primer, adhesive, or sealant.

Surplus reduction – the ACP limit minus the ACP emissions when the ACP limit was greater than the ACP emissions during a given compliance period, expressed to the nearest pound of VOC. Except as provided in § 735.11 this term does not include emissions occurring before the date that the ACP Agreement approving an ACP is signed by the Department.

Surplus trading – the buying, selling, or transfer of Surplus Reductions between responsible ACP parties.

Swimming pool coating – a coating whose label states the product’s purpose is, and is formulated, to coat the interior of swimming pools and to resist swimming pool chemicals.

Swimming pool repair and maintenance coating – a rubber-based coating whose label states the product’s purpose is, and is formulated, to be used over existing rubber-based coatings for the repair and maintenance of swimming pools.

Table B compound – any carbon-containing compound listed as an exception to the definition of VOC.

Target fuel tank – any receptacle that receives fuel from a portable fuel container.

Temperature-indicator safety coating – a coating whose label states the product’s purpose is, and is formulated as, a color-changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above two hundred and four degrees Celsius (204° C) or four hundred degrees Fahrenheit (400º F).

Temporary protective coating - a coating labeled and formulated for the purpose of temporarily protecting areas from overspray or mechanical damage.

Terrestrial – to live on or grow from land.

Thermoplastic rubber coating and mastic – a coating or mastic formulated and recommended for application to roofing or other structural surfaces and that incorporates no less than forty percent (40%) by weight of thermoplastic rubbers in the total resin solids and may also contain other ingredients including but not limited to fillers, pigments, and modifying resins.

Thin metal laminating adhesive – any adhesive intended by the manufacturer to bond multiple layers of metal to metal, or metal to plastic, in the production of electronic or magnetic components in which the thickness of the bond line(s) is less than twenty-five one hundredths of a millimeter (0.25 mm.).

Tint base – an architectural coating to which colorant is added after packaging in sale units to produce a desired color.

Tire repair – a process that includes expanding a hole, tear, fissure, or blemish in a tire casing by grinding or gouging, applying adhesive and filling the hole or crevice with rubber.

Tire sealant and inflation – any pressurized product that is designed to temporarily inflate and seal a leaking tire.

Tire retread adhesive – any adhesive intended by the manufacturer for application to the back of pre-cured tread rubber and to the casing and cushion rubber. Tire retread adhesive may also be used to seal buffed tire casings to prevent oxidation while the tire is being prepared for a new tread.

Toilet/urinal care product – any product designed or whose label states the product’s purpose is to clean or deodorize toilet bowls, toilet tanks, or urinals. “Toilet bowls, toilet tanks, or urinals” includes, but is not limited to toilets, urinals, connected-to permanent plumbing in buildings and other structures, portable toilets or urinals placed at temporary or remote locations, and toilet or urinals in vehicles such as buses, recreational motor homes, boats, ships, and aircraft. Toilet/urinal care product does not include bathroom and tile cleaner or general purpose cleaner.

Total maximum historical emissions (TMHE) – is the following:

(a) The total VOC emissions from all ACP products for which the responsible ACP party has failed to submit the required VOC content or enforceable sales records. This term shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP has failed to provide the required VOC Content or Enforceable Sales records; and

(b) Shall be expressed to the nearest pound and calculated according to the following calculation:

where:

Highest VOC Content = the maximum VOC content which the ACP product has contained in the previous five (5) years, if the responsible ACP party has failed to meet the requirements for reporting VOC Content data (for any portion of the compliance period), as specified in the ACP Agreement approving the ACP, or the current actual VOC Content, if the responsible ACP party has provided all required VOC Content data (for the entire compliance period), as specified in the ACP Agreement;

Highest Sales = the maximum one (1) year District of Columbia gross sales of the ACP product in the previous five (5) years, if the responsible ACP party has failed to meet the requirements for reporting Enforceable Sales records (for any portion of the compliance period), as specified in the ACP Agreement approving the ACP, or the current actual one (1) year Enforceable Sales for the product, if the responsible ACP party has provided all required Enforceable Sales records (for the entire compliance period), as specified in the ACP Agreement approving the ACP;

Missing Data Days = the number of days in a compliance period for which the responsible ACP party has failed to provide the required Enforceable Sales or VOC Content data as specified in the ACP Agreement approving an ACP; and

1, 2, ..., N = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to submit the required Enforceable Sales or VOC Content data as specified in the ACP Agreement approving an ACP.

Traffic marking coating – a coating whose label states the product’s purpose is, and is formulated for marking and striping streets, highways, or other traffic surfaces including but not limited to curbs, berets, driveways, parking lots, sidewalks, and airport runways.

Traffic marking tape – preformed reflective film intended by the manufacturer for application to public streets, highways, and other surfaces, including but not limited to curbs, berms, driveways, and parking lots.

Traffic marking tape adhesive primer – any primer intended by the manufacturer for application to surfaces before installation of traffic marking tape.

Transfer efficiency - the amount of coating solids adhering to the object being coated divided by the total amount of coating solids sprayed, expressed as a percentage.

Truck bed liner coating - a coating, excluding clear, color, multicolor, and single-stage coatings, labeled and formulated for application to a truck bed to protect it from surface abrasion.

Type A propellant – a compressed gas such as CO2, N2, N2O, or compressed air that is used as a propellant, and is either incorporated with the product or contained in a separate chamber within the product's packaging.

Type B propellant – any halocarbon that is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

Type C propellant – any propellant that is not a Type A or Type B propellant, including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide).

Ultraviolet ink – an ink that dries by polymerization reaction induced by ultraviolet energy.

Underbody coating - a coating labeled and formulated for application to wheel wells, the inside of door panels or fenders, the underside of a trunk or hood, or the underside of the motor vehicle.

Undercoater – a coating formulated and whose label states the product’s purpose is to provide a smooth surface for subsequent coatings.

Undercoating – any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, or firewall of motor vehicles to prevent the formation of rust or to deaden sound including but not limited to rubberized, mastic, or asphaltic products.

Undersea-based weapons systems components – the fabrication of parts, assembly of parts, or completed units of any portion of a missile launching system used on undersea ships.

Uniform finish coating - a coating labeled and formulated for application to the area around a spot repair for the purpose of blending a repaired area’s color or clear coat to match the appearance of an adjacent area’s existing coating.

Untreated sign paper – paper used in screen printing to prepare a temporary, light-weight sign or poster such as grocery store signs that are sensitive to water and water-based inks.

Usage directions – the text or graphics on the product's principal display panel, label, or accompanying literature that describes to the end user how and in what quantity the product is to be used.

U.S. EPA or EPA – the United States Environmental Protection Agency.

Vapor cleaning machine – is the following:

(a) A solvent cleaning machine that boils liquid solvent, generating a vapor, or that heats liquid solvent that is used as part of the cleaning or drying cycle; and

(b) Does not include machines that do not have a solvent/air interface, such as airless and air-tight cleaning systems.

Vapor cleaning machine primary condenser – a series of circumferential cooling coils on a vapor cleaning machine through which a chilled substance is circulated or recirculated to provide continuous condensation of rising solvent vapors and, thereby, create a concentrated vapor zone.

Vapor up control switch – a thermostatically controlled switch that shuts off or prevents condensate from being sprayed when there is no vapor. On in-line vapor cleaning machines the switch also prevents the conveyor from operating when there is no vapor.

Varnish – a clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish.

Vinyl/Fabric/Leather/Polycarbonate coating – a coating designed and whose label states the product’s purpose is exclusively to coat vinyl, fabric, leather, or polycarbonate substrates.

VOC composite partial vapor pressure – as applied to offset lithography or letterpress printing operations subject to the requirements of § 716, the sum of the partial pressure of the compounds defined as VOCs. VOC composite partial vapor pressure is calculated as defined in § 716.8(a).

VOC content – is the following:

(a) For the purpose of §§ 719 through 737, except for charcoal lighter products, the total weight of VOC in a product expressed as a percentage of the product weight, exclusive of the container or packaging, as determined pursuant to § 734.1 through 734.3;

(b) For charcoal lighter material products only:

where:

Certified Emissions = the emissions level for products approved by the District of Columbia under § 730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), including subsequent amendments, expressed to the nearest one one-thousandth of a pound (0.001 lb) of methylene (CH2) per start;

(c) For the purpose of §§ 773 through 778, the weight of VOC per volume of coating, calculated according to the procedures specified in § 778.1.

Wasp and hornet insecticide – any insecticide product that is designed for use against wasps, hornets, yellow jackets, or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or their hiding place.

Water-based solvent – a solvent that consists mostly of water and that contains no more than twelve percent (12%) by weight of volatile organic compound. The solvent dissolves or otherwise carries the pigment, extenders, binders, and other related material which, when added to the solvent, forms the ink.

Waterproofer – is the following:

(a) A product designed and whose label states the product’s purpose is exclusively to repel water from fabric or leather substrates; and

(b) Does not include fabric protectants.

Waterproofing concrete/masonry sealer – a clear or pigmented coating whose label states the product’s purpose is, and is formulated for, sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, and staining.

Waterproofing sealer – a coating whose label states the product’s purpose is, and is formulated for, application to a porous substrate for the primary purpose of preventing the penetration of water.

Waterproof resorcinol glue – a two (2)-part resorcinol-resin-based adhesive designed for applications where the bond line must be resistant to conditions of continuous immersion in fresh or salt water.

Wax – is the following:

(a) A material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics); and

(b) Includes but is not limited to substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin including but not limited to ozocerite and paraffin, and synthetic polymers such as polyethylene.

Web – as applied to offset lithography or letterpress printing operations subject to the requirements of § 716, a continuous roll of paper used as the printing substrate.

Web spray adhesive – any aerosol adhesive that is not a mist spray or special purpose spray adhesive.

Wiping solution – the liquid cleanser used to assist in removing ink from cylinder(s) wipe process.

Wood cleaner – a product whose label states the product’s purpose is to clean wooden materials including, but not limited to, decking, fencing, flooring, logs, cabinetry, and furniture. Wood cleaner does not include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, floor polish or wax, or products designed and whose label states the product’s purpose is exclusively to preserve or color wood.

Wood floor wax – wax-based products for use solely on wood floors.

Wood preservative – a coating formulated and whose label states the product’s purpose is to protect exposed wood from decay or insect attack, that is registered with both the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§ 136, et seq.) and with the District of Columbia Department of the Environment pursuant to 20 DCMR chapter 7.

Working day – a day other than Saturday, Sunday, a legal holiday, or day on which the Department is officially closed.

Working mode cover – any cover or solvent cleaning machine design that allows the cover to shield the cleaning machine openings from outside air disturbances while parts are being cleaned in the cleaning machine. A cover that is used during the working mode is opened only during parts entry and removal.

Year – unless otherwise indicated, refers to the calendar year.

History

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Final Rulemaking published at 58 DCR 11286, 11408 (December 30, 2011); as amended by Final Rulemaking published at 63 DCR 15095 (December 9, 2016); as amended by Final Rulemaking published at 69 DCR 002751 (April 1, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 799

20-8 AIR QUALITY - ASBESTOS, SULFUR, NITROGEN OXIDES, LEAD, AND CARBON DIOXIDE

20 DCMR § 800 CONTROL OF ASBESTOS

800.1 The requirements of 40 CFR 61.141, 61.145, 61.146, 61.150, 61.152, and 61.154 (July 1, 1994 Edition), are hereby adopted by reference, with the terms used and defined, except that:

(a) The word "Administrator" as used in the CFR sections shall be taken to mean "Director of the District Department of the Environment";

(b) Planned renovation operations subject to § 800 shall not be started prior to receipt of written approval therefor from the Administrator; and

(c) Demolition operations subject to § 800, except for those subject to 40 CFR § 61.145(a)(3), shall not be started prior to receipt of written approval therefor from the Administrator.

800.2 For the convenience of persons subject to the requirements of § 800.1, Appendix No. 4 to this Subtitle contains pertinent parts of 40 CFR 61, Subpart M (July 1, 1994 Edition) which includes the sections cited in § 800.1. Appendix No. 4 was published in the D.C. Register on June 21, 1996 at 43 DCR 3305.

800.3 To qualify for an asbestos abatement permit or license, a business entity or person shall:

(a) Comply with the requirements of the Asbestos Licensing and Control Act of 1990, effective May 1, 1990 (D.C. Law 8-116; D.C. Code § 6-991 et seq.), as amended by the Asbestos Licensing and Control Act of 1990 Amendment Act of 1993, effective October 15, 1993 (D.C. Law 10-37; D.C. Code § 6-991 et seq.) and the requirements set forth in these rules; and

(b) Show evidence of having completed a course of instruction on asbestos abatement accredited by EPA under the Asbestos Hazard and Emergency Response Act, or at least as stringent as the requirements of 40 CFR 763, Subpart E, Appendix C (July 1, 1994 Edition); and

(c) Be considered to be qualified for a license by endorsement if the business entity or person is licensed in a state whose requirements are judged by the Administrator to be at least as stringent as those of the District of Columbia.

800.4 The following exemptions apply:

(a) An asbestos abatement permit or license is not required for the removal of nonfriable asbestos containing material; and

(b) An asbestos abatement permit, business entity or asbestos worker licenses and recordkeeping requirements of the Act and its amendments are not required for the removal of, or other activity involving, resilient floor covering materials, including sheet vinyl, resilient tile, and associated adhesives, provided that the business entity persons performing the removal:

(1) follow the resilient floor covering manufacturers' recommended work practices for removal;

(2) are not required to obtain asbestos accreditation under applicable federal asbestos requirements and regulations promulgated by the United States Environmental Protection Agency (EPA); and

(3) for removals involving more than 18 square feet of resilient floor covering material, notify the Mayor in writing at least 10 days prior to the removal of the time, place and entity performing the removal and certify that asbestos accreditation is not required under subparagraph (2) of this paragraph.

(c) The requirements of Section 800 apply to removals and other activity involving resilient floor covering materials only to the extent they are required under applicable federal asbestos requirements, including the Occupational Safety and Health Act (OSHA) asbestos standards and the EPA asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP).

800.5 To apply for or to renew a permit or license, a business entity or person shall submit a completed application and pay the fee listed below, by certified check made payable to the D.C. Treasurer:

(a) License Fee Schedule

TYPE OF LICENSE

FEE

Asbestos Worker

$ 60/2 years

Business Entity

$ 600/2 years

(b) Permit Fee Schedule

AMOUNT OF RACM REMOVED

FEE

261 - 2,600 linear feet or

$ 520

161 - 1,600 square feet

Greater than 2,600 linear feet or

$ 910

Greater than 1,600 square feet

(c) A blanket permit, valid for one year, may be granted to a business entity that has entered into a contract for asbestos abatement at a specific site. The fee will be seven hundred dollars ($ 700).

(d) The license shall expire two (2) years from the date of issuance.

(e) The renewal fee shall be the same as the current license fee.

(f) Fees will be adjusted annually based on the Washington, D.C. All Items Consumer Price Index for All Urban Consumers for March of the preceding fiscal year.

800.6 To provide asbestos worker protection, a business entity or person shall:

(a) In accordance with 29 CFR 1926.58, designate a "Competent Person" who will have the authority to suspend and start up operations when deviations from regulations occur;

(b) Submit to the Administrator a written respiratory protection program as defined in OSHA regulations 29 CFR 1910.134 and 29 CFR 1926.58;

(c) Provide disposable protective clothing, including gloves, hair covers, and respirators approved by the National Institute of Occupational Safety and Health and capable of being qualitatively fit tested using positive and negative methods;

(d) Ensure that each asbestos worker has been examined by a physician within the preceding year and has been declared capable of working while wearing a respirator;

(e) Ensure that each asbestos worker receives an annual safety training review course in accordance with 29 CFR 1926.58(k)(3)(4); and

(f) Ensure that there is no smoking, eating, or drinking in the work area.

800.7 To control emissions from an asbestos abatement subject to the requirements of § 800.1, a business entity or person shall:

(a) Display caution signs, measuring at least twenty (20) inches by fourteen (14) inches, wherever airborne asbestos fibers may be present, in accordance with the provisions of 29 CFR 1926.58 (k)(1); and

(b) Except in emergency situations and except as provided in (c) of this subsection, at least three (3) days before engaging in an asbestos abatement, post these signs immediately outside all entrances to and exits from the work site or asbestos abatement to inform the public in the immediate vicinity that asbestos abatement will be done and keep the signs posted until the Administrator receives notice of final air monitoring results as provided in (j) of this subsection.

(c) Utility companies are not required to post signs three (3) days before an asbestos abatement, but shall comply with any federal regulations regarding the posting of signs.

(d) Enclose work areas with airtight six (6) millimeter thick plastic sheeting using water-proof duct tape;

(e) Wet regulated asbestos-containing material to be removed with a solution containing one (1) fluid ounce of surfactant mixed with five (5) gallons of water to minimize dust;

(f) Deposit all asbestos-containing waste materials in plastic bags of at least six (6) millimeters thickness and seal the bags;

(g) Label the bags as asbestos waste in accordance with the provisions of 29 CFR 1926.58(k)(2) and specify the date that the bag was sealed and the license number of the business entity;

(h) Separate asbestos-containing waste materials from other waste and keep in a secure area until removal, within seven (7) days of completion of the asbestos abatement, and disposal, in accordance with the provisions of 40 CFR 61.150;

(i) Clean all surfaces in the work area until no residue is visible and the measured airborne concentration of asbestos fibers longer than five (5) microns is less than one hundredth (0.01) fiber per cubic centimeter using the methods specified in 40 CFR 763, Subpart E, Appendix A (July 1, 1994 Edition);

(j) Within twenty four (24) hours after receiving final written monitoring results of at least two (2) samples per two thousand five hundred (2,500) square feet of floor area, submit to the Administrator the data indicating asbestos concentration in the work area after cleaning and before barriers are removed;

(k) Use negative pressure systems inside enclosures that exhaust air through a high-efficiency particulate air (HEPA) filter at a flow rate that changes the air at least once every fifteen (15) minutes and where practical, are vented to outside air; and

(l) Comply with the provisions of 40 CFR 763 Subpart E, Appendix A (July 1, 1994 Edition) when using the glovebag method.

800.8 The Administrator may, on a case-by-case basis, approve an alternative procedure for control of emissions from an asbestos abatement provided that the business entity submits a written description of the alternative procedure to the Administrator and demonstrates to the satisfaction of the Administrator that compliance with the prescribed procedures is not practical or not feasible, or that the proposed alternative provides equivalent control of asbestos.

800.9 To notify occupants of sites of impending asbestos abatement, a building owner or designated representative shall inform occupants, not less than thirty (30) days prior to commencement of the asbestos abatement, of the health or safety factors that necessitate the asbestos abatement and the procedures that will be taken to protect the health, safety, and possessions of the occupants. The business entity shall inform the building owner or designated representative of this notification requirement. The Administrator may waive this notification requirement in the case of an emergency renovation operation.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 412 of the District of Columbia Self- Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code § I - 227(a); and § 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, D.C. Code § 6-906 (1995 Repl. Vol.), Mayor's Order 93-12 dated February 16, 1993.
SOURCE: Final Rulemaking published at 36 DCR 2554, 2555 (April 14, 1989); as amended by final rulemaking published at 45 DCR 7037(October 2, 1998); as amended by final rulemaking published at 47 DCR 9692 (December 8, 2000); as amended pursuant to the authority granted by Title XII of the “Fiscal Year 2003 Budget Support Amendment Act of 2002,” “Other-Type Funds and Adjustment to Other Fess and Charges” (D.C. Act 14-543), published at 49 DCR 11562 (December 20, 2002).

20 DCMR § 801 SULFUR CONTENT OF FUEL OILS

801.1 The purchase, sale, offer for sale, storage, transport, or use of fuel oil that contains more than one percent (1%) sulfur by weight in the District is prohibited, if the fuel oil is to be burned in the District.

801.2 On and after July 1, 2016, commercial fuel oil that is purchased, sold, offered, stored, transported, or used in the District shall meet the following requirements, unless otherwise specified in § 801.5:

(a) Number two (No. 2) commercial fuel oil shall not contain sulfur in excess of five hundred parts per million (500 ppm) by weight, or five one-hundredths percent (0.05%) by weight;

(b) Number four (No. 4) commercial fuel oil shall not contain sulfur in excess of two thousand five hundred parts per million (2,500 ppm) by weight, or twenty-five one-hundredths percent (0.25%) by weight; and

801.3 On and after July 1, 2018, the purchase, sale, offer for sale, storage, transport, or use of number two (No. 2) commercial fuel oil is prohibited if it contains more than fifteen parts per million (15 ppm) or fifteen ten-thousandths percent (0.0015%) by weight of sulfur, unless otherwise specified in § 801.5.

801.4 Fuel oil that was stored in the District by the ultimate consumer prior to the applicable compliance date in §§ 801.2 or 801.3, which met the applicable maximum sulfur content at the time it was stored, may be used in the District after the applicable compliance date.

801.5 When the United States Environmental Protection Agency (EPA) temporarily suspends or increases the applicable limit or percentage by weight of sulfur content of fuel required or regulated by EPA by granting a waiver in accordance with Clean Air Act § 211(c)(4)(C) provisions, the federal waiver shall apply to corresponding limits for fuel oil in the District as set forth in §§ 801.2 or 801.3.

801.6 If a temporary increase in the applicable limit of sulfur content is granted under § 801.5:

(a) The suspension or increase in the applicable limit will be granted for the duration determined by EPA; and

(b) The sulfur content for number two (No. 2) and lighter fuel oils may not exceed five hundred parts per million (500 ppm) by weight.

801.7 Unless precluded by the Clean Air Act or the regulations thereunder, subsections 801.2 and 801.3 shall not apply to:

(a) A person who uses equipment or a process to reduce the sulfur emissions from the burning of a fuel oil, provided that the emissions may not exceed those that would result from the use of commercial fuel oil that meets the applicable limit or percentage by weight specified in §§ 801.2 or 801.3;

(b) The owner or operator of a stationary source where equipment or a process is used to reduce the sulfur emissions from the burning of a fuel oil, provided that the emissions may not exceed those that would result from the use of commercial fuel oil that meets the applicable limit or percentage by weight specified in §§ 801.2 or 801.3; and

(c) Commercial fuel oil that is transported through the District but is not intended for purchase, sale, offering, storage, or use in the District.

801.8 For the purpose of determining compliance with the requirements of this section, the sulfur content of fuel oil shall be determined in accordance with the sample collection, test methods, and procedures specified under § 502.6 (relating to sulfur in fuel oil).

801.9 The following recordkeeping and reporting requirements shall apply to any purchase, sale, offering for sale, storage, transportation, or use of commercial fuel oil in the District:

(a) On or after the applicable compliance dates specified in §§ 801.2 and 801.3, at the time of delivery, the transferor of commercial fuel oil shall provide to the transferee an electronic or paper record of the fuel data described as follows, which must legibly and conspicuously contain the following information:

(1) The date of delivery;

(2) The name, address, and telephone number of the transferor;

(3) The name and address of the transferee;

(4) The volume of fuel oil being sold or transferred;

(5) The fuel oil grade; and

(6) The sulfur content of the fuel oil as determined using the sampling and testing methods specified in § 801.8, which may be expressed as the maximum allowable sulfur content.

(b) All applicable records required under paragraph (a) shall be maintained in electronic or paper format for not less than three (3) years;

(c) An electronic or paper copy of the applicable records required under paragraph (a) shall be provided to the Department upon request;

(d) The ultimate consumer shall maintain the applicable records required under (a) in electronic or paper format for not less than three (3) years, unless the transfer or use of the fuel oil occurs at a private residence;

(e) A product transfer document that meets federal requirements, such as a Bill of Lading, may be used for the data in paragraphs (a)(1) through (a)(6) and shall be considered a certification that the information is accurate; and

(f) The Department may opt to require supplemental sampling and testing of the fuel oil to confirm the certifications.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; § 502, 32 DCR 565, 603 (February 1, 1985)); as amended by Final Rulemaking published at 62 DCR 14839 (November 13, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 801

20 DCMR § 802 SULFUR CONTENT OF COAL

802.1 The purchase, sale, offer for sale, storage, transport, or use of coal which contains more than one percent (1%) sulfur by weight in the District shall be prohibited, if the coal is to be burned in the District. However, when the Mayor certifies in writing that the combustion-gas-desulfurization system used at a stationary source results in sulfur oxide emissions no greater than the emissions normally resulting from the burning of coal with one percent (1%) sulfur content, coal of a higher sulfur content may be burned at the stationary source.

802.2 Application for a certification shall be made, in writing, to the Mayor by the owner or operator of the stationary source and, upon presentation to a seller of the certification, a copy of which shall be retained by the seller, the sale, purchase, and transportation of the coal shall be permitted.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 802. 32 DCR 565, 645 (February 1, 1985).

20 DCMR § 803 SULFUR PROCESS EMISSIONS

803.1 The discharge into the atmosphere of sulfur oxides calculated as sulfur dioxide, in excess of five one hundredths percent (0.05%) by volume is prohibited.

803.2 Where the process or the design of equipment is such as to permit more than one interpretation of this section, the interpretation that results in the minimum value of allowable emissions shall apply.

803.3 Adding diluted air to the exhaust gas stream for the purpose of complying with the provisions of §§ 803.1 and 803.2 is prohibited.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 803, 32 DCR 565, 645 (February 1, 1985).

20 DCMR § 804 NITROGEN OXIDE EMISSIONS

804.1 No person shall discharge, or cause the discharge into the atmosphere of nitrogen oxides from fossil fuel-fired steam generating units of more than one hundred million (100,000,000) British Thermal Units (BTU) per hour heat input in excess of the emission limits set forth in Appendix 8-1.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 804, 32D CR 565, 645 (February 1, 1985).

20 DCMR § 805 REASONABLY AVAILABLE CONTROL TECHNOLOGY FOR MAJOR STATIONARY SOURCES OF THE OXIDES OF NITROGEN

805.1 Applicability. The requirements of § 805 shall apply to any person pursuant to the following provisions:

Any person owning, leasing, operating, or controlling any major stationary source having the potential to emit twenty-five (25) tons per year or greater of oxides of nitrogen shall comply with the requirements of § 805, excepting those specified in § 805.1(c).

(b) Any person owning, leasing, operating, or controlling a stationary source that is or was at any time subject to § 805 shall continue to comply with all requirements of § 805, even if emissions from the subject stationary source no longer exceed the twenty-five (25) ton per year applicability requirement of § 805.

(1) Any person subject to § 805 who is able to demonstrate to the Department that, since January 1, 1990, the major stationary source has not emitted, before the application of air pollution control equipment, twenty five (25) tons per year or greater of NOx in any year provided that:

The person obtains a permit pursuant to 20 DCMR § 200.7 that limits the potential to emit to less than twenty-five (25) tons per year; and

The permit is transmitted to and approved by EPA as a revision to the District's State Implementation Plan;

(2) Any fuel burning equipment having a heat input capacity of less than five million (5,000,000) BTU per hour;

(3) Any stationary engine having a maximum rated mechanical power output of less than fifty (50) horsepower;

(4) Any individual emission unit at a major stationary source of NOx having the potential to emit less than one (1) ton per year of NOx, except those emission units with specific requirements listed in §§ 805.4 - 805.7; and

(5) Emergency standby engines operated during any twelve (12) consecutive month period:

Less than five hundred (500) hours for any purpose; and

Less than one hundred (100) hours for maintenance and testing.

805.2 Alternative RACT. Any person regulated under § 805 may apply to the Department for an alternative emission limitation for a source-specific Reasonably Available Control Technology (alternative RACT).

Any person may apply for an alternative RACT when submitting an application pursuant to § 200 for initial permitting of a new emissions unit or modification of an existing emissions unit.

(b) Any person operating an existing unit on the effective date of this regulation and seeking an alternative RACT shall apply to the Department by March 1, 2022.

Demonstrate to the Department that it is not technologically or economically feasible for that emissions unit to comply with the applicable emission limitation;

(2) Provide to the Department a study of the capability of the emissions unit to apply the following NOx control options, their expected effectiveness, and their technological and economical feasibility:

Low-NOx burners;

Overfire air;

Flue gas recirculation;

Burners out of service;

Selective non-catalytic reduction;

Selective catalytic reduction; and

Other control options required for evaluation by the Department; and

(3) Determine an emission limitation reflecting the application of RACT.

(d) Any alternative RACT emissions limitation must be approved by EPA through an amendment to the State Implementation Plan.

805.3 Permit Requirements. Any person subject to § 805 shall maintain a valid permit issued pursuant to § 200 of this title, which shall include the following:

For all units subject to § 805:

(1) Emissions limits that are at least as stringent as those in §§ 805.4 - 805.7;

(2) Any alternative compliance plan submitted in accordance with § 805.5(g); or

(3) Emissions limits that are at least as stringent as those found to be reasonable under § 805.2; and

(b) Any requirements necessary to comply with §§ 805.9 through 805.11.

805.4 Stationary combustion turbines. Any person owning, leasing, operating, or controlling any stationary combustion turbine subject to § 805 shall comply with the following:

Emission and operational requirements as follows:

(1) For any stationary combustion turbine that most recently commenced construction, modification, or reconstruction (as these terms are defined in 40 CFR §§ 60.2 and 60.15 as in effect on July 1, 2018) after February 18, 2005, and has a heat input rating greater than fifty million (50,000,000) BTU per hour, based on the higher heating value of the fuel:

(A) Emissions, with any supplemental duct burner firing, shall not be greater than:

(i) When fired on any combination of gaseous fuels, twenty-five parts per million by volume dry basis (25 ppmvd), corrected to fifteen percent (15%) O2; and

(ii) When fired on any combination of liquid fuels:

(I) On or after July 23, 2018, seventy-four (74) ppmvd, corrected to fifteen percent (15%) O2; and

(II) On or after January 1, 2023, forty-two (42) ppmvd, corrected to fifteen percent (15%) O2;

(B) Only the peak heat input rating of the stationary combustion turbine shall be included when determining whether § 805.4(a)(1) is applicable. Any additional heat input to associated heat recovery steam generators or duct burners shall not be included when determining the peak heat input to the stationary combustion turbine; and

(C) When fifty percent (50%) or more of the total heat input is from gaseous fuels, the emission limitation in § 805.4(a)(1)(A)(i) applies. Otherwise, the emission limitation in § 805.4(a)(1)(A)(ii) applies;

(2) For any stationary combustion turbine that most recently commenced construction, modification, or reconstruction (as these terms are defined in 40 CFR §§ 60.2 and 60.15 as in effect on July 1, 2018) on or before February 18, 2005, and has a heat input rating greater than fifty million (50,000,000) BTU per hour, based on the higher heating value of the fuel:

(A) Emissions from a stationary combustion turbine alone shall not be greater than:

(i) When fired on any combination of gaseous fuels, twenty-five (25) ppmvd, corrected to fifteen percent (15%) O2; and

(ii) When fired on any combination of liquid fuels, except as provided in § 805.4(a)(2)(D):

(I) On or after July 23, 2018, seventy-four (74) ppmvd, corrected to fifteen percent (15%) O2; and

(II) On or after January 1, 2023, forty-two (42) ppmvd, corrected to fifteen percent (15%) O2;

(B) Emissions from a stationary combustion turbine and all duct burners combined shall not be greater than twenty hundredths (0.20) pounds per million BTU, based on a calendar day average, when fired on any fuel or combination of fuels;

(C) Only the peak heat input rating of the stationary combustion turbine shall be included when determining whether § 805.4(a)(2) is applicable. Any additional heat input to associated heat recovery steam generators or duct burners shall not be included when determining the peak heat input to the stationary combustion turbine; and

(D) Any stationary combustion turbine being fired on liquid fuel, or any combination of gaseous and liquid fuels such that more than fifty percent (50%) of the total heat input is from liquid fuels, is not required to comply with the maximum allowable NOx emission rate in § 805.4(a)(2)(A)(ii) if it meets the following requirements:

(i) The only liquid fuel used is Number two (No. 2) fuel oil that does not contain sulfur in excess of fifteen parts per million (15 ppm) by weight, as determined in accordance with 20 DCMR § 502.6;

(ii) The turbine burns liquid fuel only during periods of natural gas curtailment, natural gas supply interruption, startups, or periodic testing on liquid fuel when such periodic testing does not exceed a combined total of forty-eight (48) hours during any calendar year;

(iii) The owner or operator maintains records of all instances of operation using liquid fuel, including the fuel used, the date and duration of the fuel use, the reason for operating using that fuel, and all notifications received from the natural gas supplier notifying the owner or operator of the beginning or end of a natural gas interruption; and

(iv) The owner or operator maintains a running calendar year sum of the duration of all liquid fuel use each year for purposes of periodic testing;

(3) For any stationary combustion turbine with a heat input rating less than or equal to fifty million (50,000,000) BTU per hour and greater than ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel:

(A) With any supplemental duct burner firing, emissions shall not be greater than:

(i) When fired on any combination of gaseous fuels, twenty-five (25) ppmvd, corrected to fifteen percent (15%) O2; and

(ii) When fired on any combination of liquid fuels, forty-two (42) ppmvd, corrected to fifteen percent (15%) O2;

(B) Only the peak heat input rating of the stationary combustion turbine shall be included when determining whether or not § 805.4(a)(3) is applicable. Any additional heat input to associated heat recovery steam generators or duct burners shall not be included when determining the peak heat input to the stationary combustion turbine; and

(C) When fifty percent (50 %) or more of the total heat input is from gaseous fuels, the emission limitation in § 805.4(a)(3)(A)(i) applies, but when more than fifty percent (50 %) of the total heat input is from liquid fuels, the emission limitation in § 805.4(a)(3)(A)(ii) applies;

(4) For any stationary combustion turbine with a heat input rating less than or equal to ten million (10,000,000) BTU per hour and fired exclusively on natural gas:

(A) Compliance with § 805.4(a)(7) shall be maintained; and

(B) Only the peak heat input rating of the stationary combustion turbine shall be included when determining whether or not § 805.4(a)(4) is applicable. Any additional heat input to associated heat recovery steam generators or duct burners shall not be included when determining the peak heat input to the stationary combustion turbine;

(5) No combustion turbine shall be fired on coal or a synthetic fuel derived from coal;

(6) Any stationary combustion turbine designed to be fired on any solid fuel other than coal or synthetic fuel derived from any other solid than coal shall comply with the requirements of §§ 805.4(a)(7) and 805.8;

(7) Any duct burner servicing a stationary combustion turbine regulated under § 805.4 is exempt from the requirements of § 805.5; and

(8) Any stationary combustion turbine subject to § 805 shall be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions at all times, including during startup, shutdown, and malfunction, and shall be maintained in accordance with one of the following:

(A) The manufacturer’s emission-related written instructions; or

(B) An alternate written maintenance plan approved in writing by the Department;

(b) Any person required to comply with § 805.4 shall maintain continuous compliance through:

Installation and operation of a continuous emissions monitoring system as specified in § 805.10(a)(1); or

(2) By testing as specified in § 805.10(a)(2) once within one hundred and eighty (180) days of either initial start-up of the unit or the date of the applicability of § 805 to the unit, whichever is later, and conducting subsequent testing as follows:

(A) For units with heat input ratings greater than ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel, subsequent tests shall be performed once each calendar year and no more than fourteen (14) calendar months following the previous performance test, unless the previous performance test results show emissions are less than or equal to seventy-five percent (75%) of the applicable emission limit, in which case the subsequent test must be performed once during the next two calendar years and no more than twenty-six (26) calendar months following the previous performance test; and

(B) For units with heat input ratings less than or equal to ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel, and subject to a maximum allowable NOx emission rate in § 805.4, subsequent tests shall be performed once every five (5) calendar years and no more than sixty-two (62) months after the previous performance test; and

805.5 Fuel burning equipment. Any person owning, leasing, operating, or controlling any fuel burning equipment subject to § 805:

(a) After May 31, 1995, and ending December 31, 2021, for any fossil-fuel-fired steam-generating unit with a heat input capacity of twenty million (20,000,000) BTU per hour or greater shall, prior to May 1st of every year, adjust the combustion process in accordance with the procedure for doing so set forth at § 805.9;

(b) Beginning January 1, 2022, any fuel burning equipment with a heat input capacity of five million (5,000,000) BTU per hour or greater shall adjust the combustion process in accordance with the procedure and timeline for doing so set forth at § 805.9 and the following schedule:

(1) For calendar year 2022 through calendar year 2025, prior to November 1 of that year, and

(2) For the calendar year 2026, and subsequent calendar years, prior to December 31 of that year;

(c) After May 31, 1995, and ending December 31, 2022, any tangential- or face-fired, fossil-fuel-fired steam-generating unit powered exclusively by oil with a heat input capacity of fifty million (50,000,000) BTU per hour or greater and less than one hundred million (100,000,000) BTU per hour, shall not emit NOx at a rate greater than thirty-hundredths pound (0.30 lb) per million BTU, based on a calendar day average;

(d) After May 31, 1995, and ending December 31, 2022, any fossil-fuel-fired steam-generating unit with a heat input capacity of one hundred million (100,000,000) BTU per hour or greater, shall not emit NOx at an emission rate greater than the following maximum allowable NOx emission rate:

(1) For dry bottom coal-fired fossil-fuel-fired steam-generating units:

(A) Forty-three hundredths pound (0.43 lb) per million BTU, based on a calendar day average, for tangential or face-fired units; and

(B) Forty-three hundredths pound (0.43 lb) per million BTU, based on a calendar day average, for stoker-fired units;

(2) For non-coal fired fossil-fuel-fired steam-generating units:

(A) Twenty-five hundredths pound (0.25 lb) per million BTU, based on a calendar day average, for units powered by fuel oil or a combination of fuel oil and natural gas; and

(B) Twenty hundredths pound (0.20 lb) per million BTU, based on a calendar day average, for units powered exclusively by natural gas;

(e) Beginning January 1, 2023, fuel burning equipment with a heat input capacity of twenty-five million (25,000,000) BTU per hour or greater shall not emit NOx at an emission rate greater than the following maximum allowable NOx emission rate, unless an alternative compliance plan developed in accordance with § 805.5(g) has been approved by the Department prior to January 1, 2023:

(1) For dry bottom coal-fired fuel burning equipment:

(A) Twelve hundredths pound (0.12 lb) per million BTU, based on a calendar day average, for tangential- or face-fired equipment; and

(B) Twelve hundredths pound (0.12 lb) per million BTU, based on a calendar day average, for stoker-fired equipment;

(2) For non-coal-fired fuel burning equipment with a heat input capacity of one hundred million (100,000,000) BTU per hour or greater:

(A) Twelve hundredths pound (0.12 lb) per million BTU, based on a calendar day average, on days when the equipment is powered by fuel oil or a combination of fuel oil and natural gas; and

(B) Five hundredths pound (0.05 lb) per million BTU, based on a calendar day average, on days when the equipment is powered exclusively by natural gas;

(3) For non-coal-fired fuel burning equipment with a heat input capacity of twenty-five million (25,000,000) BTU per hour or greater and less than one hundred million (100,000,000) BTU per hour:

Nine hundredths pound (0.09 lb) per million BTU, based on a calendar day average, on days when:

the equipment is powered by fuel oil or a combination of fuel oil and natural gas; and,

the unit is not limited through a permit pursuant to § 200 to only burn fuel oil or a combination of fuel oil and natural gas during periods of gas curtailment, gas supply interruption, startups, or for periodic testing, maintenance, or operator training on liquid fuel;

Twelve hundredths pound (0.12 lb) per million BTU, based on a calendar day average, on days when;

(i) the equipment is powered by fuel oil or a combination of fuel oil and natural gas; and,

(ii) the unit is limited through a permit pursuant to § 200 to burn only fuel oil or a combination of fuel oil and natural gas during periods of gas curtailment, gas supply interruption, startups, or for periodic testing, maintenance, or operator training on liquid fuel; and

(C) Five hundredths pound (0.05 lb) per million BTU, based on a calendar day average, on days when the equipment is powered exclusively by natural gas;

(f) Any person required to comply with § 805.5 shall maintain continuous compliance according to the following:

(1) For fuel burning equipment subject to § 805.5(a) or § 805.5(b), compliance will be determined by record keeping as detailed in § 805.9;

(2) For fuel burning equipment subject to § 805.5(d) or § 805.5(e) and with a heat input capacity of equal to or greater than one hundred million (100,000,000) BTU per hour, compliance shall be demonstrated by:

installing a continuous emission monitoring system as specified in § 805.10(a)(1); and,

record keeping as specified in § 805.11; and

(3) For fuel burning equipment subject to § 805.5(c) or § 805.5(e) and of a size smaller than one hundred million (100,000,000) BTU per hour, compliance shall be demonstrated by:

testing as specified in § 805.10(a)(2), except that such sources may opt to comply with § 805.10(a)(1) in lieu of § 805.10(a)(2); and,

record keeping as specified in § 805.11.

805.6 Asphaltic concrete production. Any person owning, leasing, operating, or controlling any asphaltic concrete production equipment subject to § 805:

(a) After January 1, 2005, equipment that has the potential to emit twenty-five (25) tons per year of NOx or greater, shall not emit NOx at a rate greater than one hundred fifty (150) ppmvd at seven percent (7%) O2 and carbon monoxide to a level of five hundred (500) ppmvd at seven percent (7%) O2; and

(b) If required to comply with § 805.6, shall maintain continuous compliance, which shall be demonstrated by:

installing and operating a continuous emissions monitoring system as specified in § 805.10(a)(1); or,

testing as specified in § 805.10(a)(2), and record keeping as specified in § 805.11.

805.7 Stationary engines. Any person owning, leasing, operating or controlling any stationary engine subject to § 805:

(a) After August 3, 2022, for a stationary engine unit with a maximum rated power output of fifty (50) horsepower or greater, shall not emit NOx at an emission rate greater than the following:

(1) For rich burn units fueled by gaseous or liquid fuels, seven tenths (0.7) grams per brake-horsepower hour;

(2) For lean burn units fueled by gaseous fuels, seven tenths (0.7) grams per brake-horsepower hour;

(3) For lean burn units fueled by liquid or dual fuels:

(A) With an approved permit pursuant to § 200 issued before August 3, 2023, six and five tenths (6.5) grams per brake-horsepower hour; and

(B) For which a permit pursuant to § 200 has been applied for, or for which an initial or modified permit pursuant to § 200 has been issued on or after August 3, 2023, two and three tenths (2.3) grams per brake-horsepower hour; and

(4) For units fueled by waste, landfill, or digester gases, six tenths (0.6) grams per brake-horsepower hour;

(b) If post-combustion controls are applied to the stationary engine in order to comply with the emission limits in § 805.7(a), emission controls shall be operating at full effectiveness as soon as possible, but not later than:

the amount of time to achieve the manufacturer-recommended control device operating conditions, including but not limited to temperature, or

an alternative time limit specified in a permit pursuant to § 200; and

(1) All stationary engines must have an installed non-resettable hour meter prior to the startup of the engine. For stationary engines installed before promulgation of this regulation a non-resettable hour meter must be installed by August 3, 2023;

(2) The stationary engine and any after-treatment control device shall be operated and maintained in accordance with:

the manufacturer's emission-related written instructions: or,

a self-developed maintenance plan that, to the extent practicable, is consistent with good air pollution control practice for minimizing emissions; and

(3) Any person operating an existing non-black start compression ignition engine greater than or equal to 300 horsepower that is not equipped with a closed crankcase ventilation system shall:

(A) Follow the manufacturer's specified maintenance requirements for operating and maintaining the open or closed crankcase ventilation systems and replacing the crankcase filters; and

(B) Install a closed crankcase ventilation system that prevents crankcase emissions from being emitted to the atmosphere, or install an open crankcase filtration emission control system that reduces emissions from the crankcase by filtering the exhaust stream to remove oil mist, particulates and metals; and

(4) The following maintenance tasks must be performed in accordance with manufacturer’s recommended schedules, or in accordance with the requirements of 40 CFR Part 63, Subpart ZZZZ, whichever is more frequent:

(A) Change oil and filter;

(B) For compression ignition engines, inspect the air cleaner;

(D) Inspect all hoses and belts.

(d) Any person subject to § 805.7 shall maintain continuous compliance and demonstrate compliance by record keeping in § 805.11 and:

(1) For engines seven (7) model years old or less and for which a manufacturer’s certification is available, maintaining documentation that the manufacturer has certified that the engine will meet the emissions limits specified in § 805.7 (a); or

(2) For all engines older than seven (7) model years or any engine without a manufacturer’s certification that meets the requirements of § 805.7(d)(1), testing as specified in § 805.10(a)(2), with the first test being required during the first year that this requirement is applicable to the engine, and record keeping as specified in § 805.11. Tests shall be conducted at the highest achievable steady-state load, which may require use of a load bank, but without creating an unsafe condition.

805.8 Other equipment. Any person owning, leasing, operating or controlling any major stationary source or part of a major stationary source subject to § 805, other than those particular types of emitting units addressed by §§ 805.4 through 805.7, shall:

(a) Apply to the Department for an emission limitation, through implementation of alternative RACT, as specified in § 805.2;

Install and operate a continuous emissions monitoring system specified in § 805.10(a)(1) or conduct testing as specified in § 805.10(a)(2), and keep records as specified in § 805.11.

If required to implement RACT, upon request of the Department, perform or have performed tests to demonstrate compliance in accordance with methods approved by the Department and EPA.

805.9 Tuning. Any person required to tune the combustion process of any major stationary source subject to the provisions of this section, excepting stationary engines subject to § 805.7, shall do so according to the following provisions:

(a) Persons performing tune-ups shall, at a minimum:

(1) As applicable, inspect the burner, and clean or replace any components of the burner as necessary for proper operation;

(2) Inspect the flame pattern, as applicable, and adjust the burner as necessary to optimize the flame pattern. The adjustment should be consistent with the manufacturer’s specifications, if available;

(3) Inspect the system controlling the air-to-fuel ratio, as applicable, and ensure that it is correctly calibrated and functioning properly;

(4) Optimize total emissions of NOx, and to the extent possible, CO. This optimization should be consistent with the manufacturer’s specifications, if available, and shall be consistent with any NOx and CO requirements to which the unit is subject; and

(5) Measure the concentrations in the effluent stream of CO and NOx in ppmvd and O2 in percent by volume dry basis, before and after the adjustments are made. Measurements may be taken using a portable analyzer;

(b) Tune-ups shall be conducted every calendar year, not to exceed 13 months from the date of the last tune-up, or within 30 days of start up for any unit not operating on the required date for the tune-up, except in the following cases:

(1) Tune-ups shall be conducted every two (2) years, not to exceed twenty-five (25) months from the date of the last tune-up, for any fuel burning equipment of a size smaller than twenty million (20,000,000) BTU per hour; and

(2) Notwithstanding § 805.9 (b)(1), tune-ups may be conducted every five (5) years, not to exceed sixty-one (61) months from the date of the last tune-up, for the following;

(A) Boilers with an oxygen trim system that maintains an optimum air-to-fuel ratio;

(B) Seasonal boilers; and

(c) Any person required to tune the combustion process of any major stationary source subject to this section shall maintain, in a permanently bound log book or another format approved in writing by the Department, the following information:

(1) The date on which the combustion process was last tuned-up;

(2) The name, title, and affiliation of the person who performed the tune-up;

(3) The NOx concentrations in the effluent stream, in ppmvd, measured at high fire or typical operating load, before and after the tune-up;

(4) The CO concentrations in the effluent stream, in ppmvd, measured at high fire or typical operating load, before and after the tune-up;

(5) The CO2 concentrations in the effluent stream, in percent by volume dry basis, measured at high fire or typical operating load, before and after the tune-up;

(6) The O2 concentrations in the effluent stream, in percent by volume dry basis, measured at high fire or typical operating load, before and after the tune-up;

(7) A description of any corrective actions taken as a part of the tune-up of the unit;

(8) The type and amount of fuel used over the 12 months prior to the tune-up of the unit, but only if the unit was physically and legally capable of using more than one type of fuel during that period, except that units sharing a fuel meter may estimate the fuel use by each unit; and

(9) Any other information that the Department may require.

805.10 Monitoring and testing.

(a) Any person required under § 805 to use emissions monitoring systems or testing to determine compliance with emissions limits shall:

(1) For an emissions monitoring system:

(A) Follow the procedures set forth in 40 CFR 60 Appendix B as applicable to NOx monitoring. Facilities which are required to comply with § 306 or § 1002 of this title, may follow the procedures set forth in 40 CFR 75 in lieu of 40 CFR 60 Appendix B;

(B) Continuously monitor the NOx emission rate from the major stationary source;

(D) Install and operate the system in a manner approved by the Department and acceptable to EPA; and

(E) Demonstrate that the NOx, emission rate does not exceed the RACT emission limitations as applicable to the unit under § 805 and contained in the permit issued pursuant to § 200 of this title;

(2) For testing:

(A) Conduct testing using methods approved by the Department and acceptable to EPA;

(B) Demonstrate that the NOx emission rate does not exceed the RACT emission limitations as applicable to the unit under § 805 and contained in the permit issued pursuant to § 200 of this title; and

(i) For asphaltic concrete production equipment subject to § 805.6, testing shall be conducted before May 1st of each year;

(ii) For stationary combustion turbines subject to § 805.4, testing shall be conducted as follows:

(I) Once within one hundred and eighty (180) days of either initial start-up of the unit or the date of the applicability of § 805 to the unit, whichever is later;

(II) For units with heat input ratings greater than ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel, and subject to a maximum allowable NOx emission rate in § 805.4, subsequent tests shall be performed once each calendar year and no more than fourteen (14) calendar months following the previous performance test, unless the performance test results show emissions are less than or equal to seventy-five percent (75%) of the applicable emission limit, in which case the subsequent test must be performed once during the next two calendar years and no more than twenty-six (26) calendar months following the previous performance test; and

(III) For units with heat input ratings less than or equal to ten million (10,000,000) BTU per hour, based on the higher heating value of the fuel, and subject to a maximum allowable NOx emission rate in § 805.4, subsequent tests shall be performed once every five (5) calendar years and no more than sixty-two (62) months after the previous performance test.

(iii) For all other units subject to § 805, before December 31st of every fifth year, counting from December 31, 2021 or a date stipulated in a permit issued pursuant to § 200, whichever is earlier, unless the Department requires a more frequent testing schedule in a permit issued pursuant to § 200; and

(b) Any person required to implement RACT shall, upon request of the Department, perform or have performed tests to demonstrate compliance with emission limits in accordance with methods approved by the Department and EPA; and

Testing performed to verify compliance with emission limits shall be based on a period during which the emission unit or air pollution control equipment is used and operated under conditions acceptable to the Department and the EPA, and consistent with the operational parameters and limits set forth in any permit issued pursuant to § 200 of this title.

805.11 Record keeping. Any person required to implement RACT shall:

Prepare and maintain records sufficient to demonstrate compliance consistent with the applicable standard;

Keep these records on-site for five (5) years; and

Make these records available to representatives of the Department and EPA in accordance with the requirements in any permit issued pursuant to § 200 of this title or upon request.

History

SOURCE: Final Rulemaking published at 38 DCR 8105, 8156 (November 19, 1993); as Final Rulemaking published at 47 DCR 9692 (December 8, 2000); as Final Rulemaking published at 47 DCR 8644 (October 27, 2000) [EXPIRED]; as Final Rulemaking published at 51 DCR 3877 (April 16, 2004); as amended by Final Rulemaking published at 65 DCR 13498 (December 14, 2018); as amended by Final Rulemaking 68 DCR 012420 (November 26, 2021); as amended by Final Rulemaking published at 69 DCR 011277 (September 16, 2022); as amended by Final Rulemaking published at 73 DCR 000501 (January 16, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 805

20 DCMR § 806 [REPEALED]

History

SOURCE: Final Rulemaking published at 51 DCR 7587 (August 6, 2004); as amended by Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 807 FUEL CARBON INTENSITY STANDARDS FOR FACILITIES OPERATING WITHIN THE DISTRICT

807.1 Applicability. The requirements of this section shall apply to all fuel burning equipment subject to the requirements of 20 DCMR § 200.

807.2 Emissions limits. The following limitation shall apply to each individual fuel type or component fuel before it is blended or combined with any other fuel. The requirements of this part cannot be met by combining a fuel that exceeds the emission limits of this part with a fuel that does meet the threshold in order to lower the overall emission rate. In accordance with the deadlines specified in § 807.5, any new or existing fuel burning equipment is required to meet the following:

An emission rate of 180 pounds of CO2 per million Btu of heat input, daily average basis, shall not be exceeded for each fossil fuel combusted; and

(b) Each component fuel shall meet the threshold set forth in paragraph (a) and may not be blended with another lower CO2 emitting fuel to achieve compliance with this part.

807.3 Deemed Compliance. Fuel oil meeting the requirements of § 801, biomass, digester gas, kerosene, propane, and natural gas are deemed compliant with this part without further compliance determination, reporting, or certification required.

807.4 Compliance Determination. The owner or operator of each emission source subject to this section, and using any fuel not deemed compliant pursuant to

§ 807.3, shall determine compliance with the requirements of § 807.2 by the following method:

(a) Determine the gross calorific value (heat content) of the fuel as follows:

(1) For coal, sample and test in accordance with ASTM Method D5865 or other method approved in advance by the Department pursuant to § 502.3;

(2) For other fuels, sample and test in accordance with a test method approved in advance by the Department pursuant to § 502.3; and

(3) Perform such testing at least once per calendar year to represent the fuel used since the last test, except as specified in

§ 807.4(a)(4); or

(4) In lieu of the testing specified in § 807.4(a)(1-3), fuel specifications obtained from the fuel supplier, with an updated version obtained annually from said fuel supplier, and citing a test method approved by the Department, may be used; and

(b) Determine the CO2 mass emissions from the emission source by direct measurement or fuel analysis as follows:

(1) To determine CO2 emissions by direct measurement, install, maintain, and operate CEMS to monitor CO2 or O2 concentration in combination with a continuous parametric monitoring system (CPMS) for stack gas flow rate in accordance with the relevant provisions of 40 CFR part 75 and use the procedures in 40 CFR part 75, Appendix F to determine CO2 mass emissions; or

(2) To determine CO2 emissions by fuel analysis, follow the procedures in 40 CFR part 75, Appendix G;

§ 807.4(b)(2) shall be an acceptable method for determining CO2 mass emissions for use in determining compliance with this section in order to document compliance for each component fuel as required by § 807.2(b);

(d) Monitor and record the amount of fuel used each day; and

(e) Using the information obtained by the procedures in § 804.7(a) through (d), determine and record the pounds of CO2 per million Btu of heat input, daily average basis, for each fossil fuel combusted each day from each emission unit covered by this section.

807.5 Compliance Deadlines. The owner or operator of each emission source subject to this section shall comply with the requirements of this section in accordance with the following schedule:

(a) Except as specified in § 807.5(b), the owner or operator shall fully comply with the requirements of this section by March 31, 2023;

(b) The owner or operator may obtain an extension to no later than March 31, 2025 to the deadline in § 807.5(a) if a District-enforceable condition has been placed upon source operations limiting use of the otherwise non-compliant fuel type or component fuel to the following circumstances after March 31, 2023:

(1) For periods of tuning and testing on the otherwise non-compliant fuel type or component fuel, not to exceed a total of forty-eight (48) hours during any calendar year;

(2) During periods of involuntary natural gas supply interruptions, which does not include interruptions resulting from gas curtailment resulting from an interruptible gas supply contract;

(3) During periods of extreme cold weather where the facility affected by this rule would not be capable of providing a reasonable service to its supported facility or facilities through use of other fully compliant fuel types; and

(4) During any “Force Majeure” event which prevents the source from providing a reasonable level of service to its supported facility or facilities through use of other fully compliant fuel types, where “Force Majeure” is defined as any of the following:

(A) Act of God (such as, but not limited to, fires, explosions, earthquakes, hurricanes, tornados, tidal waves, and floods);

(B) War, hostilities (whether war is declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;

(D) Riot, strikes, or lock outs associated with fuel delivery; and

(E) Acts or threats of terrorism that impact or threaten to impact the source; and

(c) Whenever an extension is obtained under § 807.5(b), the Department shall establish sufficient record keeping and reporting conditions under a permit issued pursuant to § 200 to ensure that the Department is able to determine that any and all operations using the otherwise non-compliant fuel type or component fuel is only used in accordance with the circumstances specified in §§ 807.5(b)(1) through (4).

807.6 Reporting and Compliance Certification. The owner or operator of each emission source subject to this section, and using any fuel not deemed compliant pursuant to § 807.3, shall submit to the Department, within one calendar month following the end of each calendar quarter, a report of the daily average pounds of CO2 per million Btu of heat input emitted from the use of any such fuel during that calendar quarter. The owner or operator shall certify the truth, accuracy, and completeness of each report by the method specified in 20 DCMR § 301.4.

History

SOURCE: Final Rulemaking published at 69 DCR 006044 (May 27, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 807

20 DCMR § 899 DEFINITIONS AND ABBREVIATIONS

899.1 When used in this chapter, the following terms shall have the meanings ascribed:

Asbestos abatement – the removal, encapsulation, enclosure, disposal, or transportation of asbestos or material that contains asbestos.

Asbestos worker – a person who is engaged in asbestos abatement.

Black start engine – an engine whose only purpose is to start up a combustion turbine.

Business entity – a partnership, firm, association, corporation, or sole proprietorship that is engaged in asbestos abatement.

Carrier – A distributor who does not take title to or otherwise have ownership of the commercial fuel oil or gasoline, and does not alter either the quality or quantity of the commercial fuel oil or gasoline.

Commercial fuel oil – A fuel oil specifically produced, manufactured for sale, and intended for use in fuel burning equipment. A mixture of commercial fuel oil with noncommercial fuel where greater than fifty percent (50%) of the heat content is derived from the commercial fuel oil portion is considered a commercial fuel oil.

Distributor – A person who transports, stores or causes the transportation or storage of commercial fuel oil or gasoline at any point between a refinery, a blending facility or terminal and a retail outlet, wholesale purchaser-consumer's facility or ultimate consumer. The term includes a refinery, a blending facility, or a terminal.

Emergency renovation operation – a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by non-routine failures of equipment.

Encapsulate – the coating, binding, or resurfacing of a wall, ceiling, pipe, or other structure to prevent friable asbestos or material that contains asbestos from becoming airborne.

High-efficiency particulate air (HEPA) filter – a filter capable of trapping and retaining at least ninety-nine and ninety-seven hundredths percent (99.97%) of all monodispersed particles three tenths (0.3) micrometers ([mu] m) in diameter or larger.

Limited-use boiler – any boiler that burns any amount of solid or liquid fuels and has a federally enforceable annual capacity factor of no more than 10 percent (10%).

Negative pressure system – equipment that ensures that the static pressure in an enclosed work area is lower than that of the environment outside the containment barriers.

Noncommercial fuel – A gaseous or liquid fuel generated as a byproduct or waste product that is not specifically produced and manufactured for sale. A mixture of a noncommercial fuel and a commercial fuel oil when at least fifty percent (50%) of the heat content is derived from the noncommercial fuel portion is considered a noncommercial fuel.

Person – an individual or non-business entity, including a District of Columbia government employee.

Retail outlet – An establishment where commercial fuel oil or gasoline is sold or offered for sale to the ultimate consumer for use in a combustion unit or motor vehicle, respectively.

Seasonal boiler – any boiler that undergoes a shutdown for a period of at least 210 consecutive days each 12-month period due to seasonal conditions, except for periodic testing.

Temporary boiler – any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one location to another by any means including, for example, wheels, skids, carrying handles, dollies, trailers, or platforms.

Terminal – A facility that is capable of receiving commercial fuel oil or gasoline in bulk, that is, by pipeline, barge, ship or other transport, and where commercial fuel oil or gasoline is sold or transferred into trucks for transportation to retail outlets, wholesale purchaser-consumer’s facilities, or ultimate consumers. The term includes bulk gasoline terminals and bulk gasoline plants.

Transferee – A person who is the recipient of a sale or transfer. The term includes the following:

(a) Terminal owner or operator;

(b) Carrier;

(d) Retail outlet owner or operator; and

(e) Ultimate consumer.

Transferor – A person who initiates a sale or transfer. The term includes the following:

Refinery owner or operator;

Terminal owner or operator;

Carrier;

Distributor; and

(e) Retail outlet owner or operator.

Ultimate consumer – With respect to a commercial fuel oil transfer or purchase, the last person, facility owner or operator or entity who in good faith receives the commercial fuel oil for the purpose of using it in a combustion unit or for purposes other than resale.

899.2 When used in this chapter, the following abbreviations shall have the meanings ascribed:

RACM – Regulated asbestos-containing material

APPENDIX 8-1

EMISSION LIMITS FOR NITROGEN OXIDE

Emission limits for nitrogen oxide in fossil-fuel-fired steam generating units of more than one hundred million (100,000,000) British Thermal Units (BTU.) per hour heat input are as follows:

(a) Two tenths (0.2) lb. per million BTU heat input (0.36 g. per million cal.) maximum two (2) hour average, expressed in NO2, when gaseous fossil fuel is burned:

(b) Three tenths (0.3) lb. per million BTU heat input (0.54 g. per million cal.) maximum two (2) hour average, express as NO2, when liquid fossil fuel is burned;

(c) Seven tenths (0.7) lb. per million BTU heat input (1.26 g.per million cal.) maximum two (2) hour average. expressed NO2, when solid fossil fuel (except lignite) is burned; and

(d) When different fossil fuels are burned simultaneously in any combination the applicable standard shall be determined by proration, according to the following formula:

x(0.2)+y(0.3)+z(0.7)

x+y+z

x is the percent of total heat input derived from gaseous fossil fuel;

y is the percent of total heat input derived from liquid fossil fuel; and

z is the percent of total heat input derived from solid fossil fuel.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; § 502, 32 DCR 565, 603 (February 1, 1985)); as amended by Final Rulemaking published at 45 DCR 20-23 (January 2, 1998); as amended by Final Rulemaking published at 62 DCR 14839 (November 13, 2015); as amended by Final Rulemaking 68 DCR 012420 (November 26, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 899

20-9 AIR QUALITY - MOTOR VEHICULAR POLLUTANTS, LEAD, ODORS, AND NUISANCE POLLUTANTS

20 DCMR § 900 ONROAD ENGINE IDLING AND NONROAD DIESEL ENGINE IDLING

900.1 No person owning, operating, or having control over the engine of a gasoline or diesel-powered motor vehicle on public or private space, including the engine of public vehicles for hire, buses with a seating capacity of twelve (12) or more persons, and school buses or any vehicle transporting students, shall allow that engine to idle for more than three (3) minutes while the motor vehicle is parked, stopped, or standing, including for the purpose of operating air conditioning equipment in those vehicles, except as follows:

(a) To operate private passenger vehicles;

(b) To operate power takeoff equipment, including dumping, cement mixers, refrigeration systems, content delivery, winches, or shredders;

(c) To idle the engine for no more than five (5) minutes to operate heating equipment when the ambient air temperature is thirty-two degrees Fahrenheit (32° F) or below; or

(d) To operate warming buses during a Cold Emergency Alert, provided that:

(1) Warming buses are located a minimum of fifty feet (50 ft.) away from residential buildings; and

(2) In order to minimize air pollution, motor vehicles shall be selected for use as warming buses as follows:

(i) If available, vehicles that meet the needs for warming buses and use clean fuel, such as Compressed Natural Gas (CNG), shall be selected; and

(ii) If vehicles meeting the criteria in subparagraph (i) are not available, the newest available model year vehicles that meet the needs for warming buses shall be used.

900.2 No person owning, operating, leasing, or having control over a nonroad diesel engine, or the holder of the permit for the activity for which the nonroad diesel engine is being operated, shall cause or allow the idling of a nonroad diesel engine under its control or on its property for more than three (3) consecutive minutes.

900.3 Subsection 900.2 does not apply to locomotives, generator sets, marine vessels, recreational vehicles, farming equipment, military equipment when it is being used during training exercises, emergency or public safety situations, or any private use of a nonroad diesel engine that is not for compensation.

900.4 The idling limit in Subsection 900.2 does not apply to:

(a) Idling necessary to ensure the safe operation of the equipment and safety of the operator, such as conditions specified by the equipment manufacturer in the manual or an appropriate technical document accompanying the nonroad diesel engine;

(b) Idling for testing, servicing, repairing, diagnostic purposes, or to verify that the equipment is in good working order, including regeneration of a diesel particulate filter, in accordance with the equipment manufacturer manual or other technical document accompanying the nonroad diesel engine;

(c) Idling for less than fifteen (15) minutes when queuing (i.e., when nonroad diesel equipment, situated in a queue of other vehicles, must intermittently move forward to perform work or a service), not including the time an operator may wait motionless in line in anticipation of the start of a workday or opening of a location where work or a service will be performed.

(d) Idling by any nonroad diesel engine being used in an emergency or public safety capacity;

(e) Idling for a state or federal inspection to verify that all equipment is in good working order, if idling is required as part of the inspection; and

(f) Idling for up to five (5) consecutive minutes to operate heating equipment when the ambient air temperature is thirty-two degrees Fahrenheit (32ºF) or below.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; 32 DCR 565, 647 (February 1, 1985)); as amended by Final Rulemaking published at 46 DCR 6017 (July 23, 1999); as amended by the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; 57 DCR 7548 (August 20, 2010)); as amended by Final Rulemaking published at 62 DCR 13282 (October 9, 2015); as amended by Final Rulemaking published at 62 DCR 14273 (November 6, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 900

20 DCMR § 901 VEHICULAR EXHAUST EMISSIONS

901.1 The engine, power and exhaust mechanism of each motor vehicle shall be equipped, adjusted and operated to prevent the escape of a trail of visible fumes or smoke for more than ten (10) consecutive seconds.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, 32 DCR 565, 647 (February 1, 1985).

20 DCMR § 902 LEAD CONTENT OF GASOLINE

902.1 No gasoline containing more than one (1.0) gram of lead per gallon shall be sold.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, 32 DCR 565, 647 (February 1, 1985).

20 DCMR § 903 ODOROUS OR OTHER NUISANCE AIR POLLUTANTS

903.1 An emission into the atmosphere of odorous or other air pollutants from any source in any quantity and of any characteristic, and duration which is, or is likely to be injurious to the public health or welfare, or which interferes with the reasonable enjoyment of life and property is prohibited.

903.2 Any stationary source that falls within the following categories regulated by the District of Columbia Air Pollution Control Act of 1984 (the “Act”), effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code § 8-101.05) shall submit an Odor Control Plan (OCP):

(a) Cannabis cultivation centers and manufacturers of cannabis products, as described in D.C. Official Code § 7-1671.01 et seq., and any other cannabis cultivation, processing, or manufacturing operation required to be licensed under District law;

(b) Painting operations subject to the requirements of 20 DCMR § 718 or 1409;

(d) Asphalt processing plants;

(e) Wastewater treatment facilities and systems; and

(f) Commercial solid fuel-fired cooking operations.

903.3 The Department may, through the issuance of an administrative order, require an owner or operator of a stationary source of odorous air pollutants, not required to operate under an OCP by § 903.2, to submit an OCP to the Department if:

(a) The source emits odorous air pollutants that are detected by a trained inspector using a field olfactometer when one (1) volume of odorous air has been diluted with two (2) or more volumes of odor-free air, as measured at a location or locations where it is likely odorous air pollutants will be detected given the prevailing atmospheric conditions; or

(b) The Department receives three (3) or more complaints about the source from distinct addresses within the District, which includes distinct units, apartments, or suites at a single street address, within a thirty (30) day period; provided, that:

(1) Each complainant submits a written statement, or a report to DC311, containing the following information:

(A) The complainant’s name, address, and business, if applicable;

(B) The date, time, duration, and description of the odor that the complainant detected; and

(2) The Department confirms that the odor identified in the complaints is coming from the suspected source.

903.4 (a) An owner or operator of a stationary source shall submit an OCP meeting the requirements of § 903.5 by the following deadlines:

(1) Within sixty (60) days of the issuance of an administrative order pursuant to § 903.3; or

(2) For a source that falls within the regulated categories described in § 903.2:

(A) Within ninety (90) days of August 4, 2023, if the source was constructed before that date; or

(B) At least sixty (60) days before commencing construction if the source is to be constructed after August 4, 2023, or with the source’s permit application under 20 DCMR §§ 200.1 or 200.2, whichever is sooner.

(b) The Department may order submission of an OCP in a period other than the time periods defined in § 903.4 (a) on a case-by-case basis, upon consideration of the following factors:

(1) The severity of the odor;

(2) The number of distinct complainants;

(3) The frequency of complaints; and

(4) The amount of time needed by the source to develop the OCP.

903.5 An OCP shall contain requirements sufficient to control nuisance odors and shall include, to the extent applicable, the following information:

(a) Source information:

(1) Name of source;

(2) Name, phone number, and email address (if available) of source’s owner or operator and point of contact;

(3) Source physical address;

(4) Source mailing address (if different from physical address);

(5) Source type;

(6) Source hours of operation;

(7) Description of source operations; and

(8) Emergency contact information;

(b) The following information about any odor generated by the source:

(1) Floor plan, specifying the locations of odor-emitting activity and emissions;

(2) Specific odor-emitting activity; and

(3) Phases (timing, length, etc.) of odor-emitting activity;

(c) A description of the proposed odor mitigation procedures and practices, which must either be based on industry-specific best control technologies and best management practices or be otherwise sufficient to effectively prevent nuisance odors for all odor sources, and which must include the following:

(1) Administrative controls:

(A) Maintenance, testing, and audit procedures to ensure that control equipment is functioning properly and the OCP is being adhered to;

(B) Staff training;

(D) Any other work practices necessary to prevent nuisance odors;

(2) A proposal concerning engineering controls sufficient to effectively mitigate odors for all odor sources, to address the following:

(A) Engineering controls shall include each of the following components:

(i) System design;

(ii) Operational processes; and

(iii) Maintenance plan; or

(B) If the owner or operator of a source determines that engineering controls are not necessary to effectively mitigate odors for all or specific odor sources, the owner or operator shall submit that determination to the Department as part of its OCP;

(d) A timeline for implementation of odor mitigation practices that takes into account the compliance time needed for the design, ordering, contracting, installation, and start-up of control equipment or process changes, commencing upon notice from the Department that it has approved the OCP; and

(e) A description of the source’s procedures for receiving, responding to, and tracking complaints.

903.6 The Department shall review the OCP and determine whether it meets the requirements of § 903.5:

(a) If the Department determines that the OCP meets the requirements of § 903.5, it shall approve the OCP and notify the source’s owner or operator of the approval; or

(b) If the Department determines that the OCP does not meet the requirements of § 903.5, it shall disapprove the OCP and notify the source owner or operator in accordance with § 903.7.

903.7 If the Department notifies a source’s owner or operator that it has disapproved the OCP for that source, the Department shall provide a written description of the reason(s) for the disapproval and the owner or operator shall:

(a) Submit modifications to the source’s OCP to address the deficiencies within a period established by the Department; and

(b) Upon issuance of an order under § 106, which DOEE shall not issue for activities it determines to be essential for health and safety, cease nuisance-causing odor-emitting activities.

903.8 If the Department notifies a source’s owner or operator that it has approved the OCP for that source, the owner or operator shall:

Implement its OCP per the timeline it has provided under § 903.5(d); and

(b) Comply with the OCP, including any approved amendments, until the source has been decommissioned or otherwise ceases operations.

903.9 When a modification is made to a source, or to a process at the source, that has the potential to affect the nature or degree of odor or the control of odor, the owner or operator of the source must submit an update to its OCP within thirty (30) days of the modification. If the modification is subject to the requirements of 20 DCMR § 200, the owner shall submit an updated OCP as part of the source’s permit application pursuant to that section.

903.10 Any owner or operator of a source that seeks a variance from the requirements of this section shall comply with the procedures under 20 DCMR § 103.

903.11 The owner or operator shall provide all records maintained pursuant to § 903.5(c)(1)(C) to the Department upon request.

903.12 The owner or operator shall report all deviations from the OCP to the Department within three (3) business days of the deviation;

903.13 Compliance with this section shall be determined as follows:

(a) Compliance with the OCP shall be an affirmative defense to violations of § 903.1 for which the owner or operator shall bear the burden of proof. However, in the event that the Department determines the OCP is inadequate to prevent violations of § 903.1, the Department may require the owner or operator to modify the OCP in accordance with the procedures under § 903.7.

Violation of standards set forth in this section that occur as a result of unavoidable malfunction, despite the conscientious employment of control practices, shall be an affirmative defense for which the owner or operator shall bear the burden of proof. A malfunction shall not be considered unavoidable if the owner or operator could have taken, but did not take, appropriate steps to eliminate the malfunction within a reasonable time, as determined by the Department.

903.14 The Department may determine that the installation of odor control equipment or the change in a process identified in an OCP is not subject to the requirements of 20 DCMR § 200 to obtain a permit prior to installation and initial operation if:

(a) The Department determines that the installation of control equipment or change in process:

(1) Is designed to reduce or control odors at the source;

(2) Will not result in any non-negligible change to the emission of any non-odorous air pollutants;

(3) Is not inimical to public health and welfare; and

(4) Will not prevent attainment, nor interfere with maintenance, of any applicable national ambient air quality standard; and

(b) If not already submitted pursuant to § 903.9, the owner or operator of the source agrees to submit an application for a permit to operate, or to amend an existing permit to operate, the installed odor control equipment or change in a process pursuant to 20 DCMR § 200.2 no later than sixty (60) days after the Department’s written determination under this subsection is issued.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, 32 DCR 565, 647 (February 1, 1985); as amended by §14 of the Solid Waste Facility Permit Act of 1995, D.C. Law 11-94, 42 DCR 7178 (December 29, 1995); as amended by Final Rulemaking published at 70 DCR 010830 (August 4, 2023); as amended by Final Rulemaking published at 72 DCR 007818 (July 11, 2025); as amended by Final Rulemaking published at 73 DCR 005904 (April 10, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 903

20 DCMR § 904 OXYGENATED FUELS

904.1 Beginning on November 1, 1992, and for each oxygenated gasoline control period thereafter, all gasoline purchased, sold, offered for sale, or used in the oxygenated gasoline control area shall contain a minimum of two and seven tenths percent (2.7%) oxygen by weight.

904.2 Beginning on November 1, 1992, and for each oxygenated gasoline control period thereafter, each gasoline pump stand from which oxygenated gasoline is dispensed at a retail outlet shall be affixed with a legible and conspicuous label which contains the following statement:"The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles."

904.3 After November 1, 1997, the requirements of sections 904.1 and 904.2 shall not apply unless the Mayor determines that a national primary ambient air quality standard for carbon monoxide has been exceeded more than once per calendar year at a state or local air monitoring station in the Washington, D.C. - Maryland - Virginia Metropolitan Statistical Areas. In such cases, the requirements of sections 904.1 and 904.2 will not take effect until the next oxygenated gasoline control period, but not less than six (6) months following such determination by the Mayor.

904.4 The posting of the statement under § 904.2 shall be in block letters of no less than twenty (20) point bold type; in a color contrasting the intended background. The label shall be placed on the vertical surface of the pump on each side which has price and gallonage meters, and shall be on the upper two-thirds (2/3) of the pump, clearly readable by the public.

904.5 The retailer shall be responsible for compliance with the labeling requirements of this section.

History

SOURCE: Section 2 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, D.C. Law 10-24, 40 DCR 5474, 54137 (July 30, 1993); as amended by final rulemaking at 44 DCR 4256(July 25, 1997).

20 DCMR § 905 Vehicle Emission Standards - applicability and exemptions

905.1 Except as provided in §§ 905.2 and 905.3, §§ 905 through 913 of this chapter apply to all new 2027 and subsequent model year passenger cars, light-duty trucks, and medium-duty vehicles subject to the California standards that are bought, sold, transferred, or registered in the District of Columbia.

905.2 The greenhouse gas exhaust emission standards and test procedures under Cal. Code Regs. tit. 13, § 1961.3 and related recordkeeping and warranty requirements under Cal. Code Regs. tit. 13, § 1961.2 and Cal. Code Regs. tit. 13, § 2037 of the California standards are applicable to vehicles regulated under this section, provided that California’s waiver from the U.S. Environmental Protection Agency pursuant to Section 209(a) of the Clean Air Act is in effect, and only to such model years as they may be applied consistent with the Clean Air Act.

905.3 The greenhouse gas requirements of the California standards are applicable to medium-duty vehicles only to the extent that they are medium-duty passenger vehicles.

905.4 This chapter does not apply to the following vehicles:

(a) A vehicle transferred by inheritance;

(b) A vehicle transferred by decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction;

(d) A vehicle sold for the purpose of being wrecked or dismantled;

(e) A vehicle that has been certified to standards promulgated pursuant to the authority contained in 42 U.S.C. § 7521 and which is in the possession of a rental agency in the District of Columbia as a result of a rental that was initiated in a state other than the District of Columbia;

(f) An emergency vehicle;

(g) A military tactical vehicle; and

(h) A vehicle exempted by California Health and Safety Code § 43656.

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7185 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 905

20 DCMR § 906 vehicle emission standards - prohibitions AND Incorporation By Reference

906.1 No person shall buy, sell, transfer, or register in the District of Columbia a new motor vehicle subject to § 905 unless that new motor vehicle has been certified by the California Air Resources Board (CARB) to comply with all applicable California standards.

906.2 The following requirements from Cal. Code Regs. tit. 13, §§ 1900-2235, as promulgated by the CARB on August 22, 2022, are applicable to vehicles of model year 2027 and each model year thereafter, and are hereby adopted by reference, with the terms used and defined:

Section Number

Section Title

Chapter 1, Article 1, § 1900

Definitions

Chapter 1, Article 2, § 1960.5

Certification of 1983 and Subsequent Model-Year Federally Certified Light-Duty Motor Vehicles for Sale in California, as effective October 16, 2002

Chapter 1, Article 2, § 1961.2

Exhaust Emission Standards and Test Procedures - 2015 through 2025 Model Year Passenger Cars and Light-Duty Trucks, and 2015 through 2028 Medium-Duty Vehicles

Chapter 1, Article 2, § 1961.3

Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2017 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles

Chapter 1, Article 2 § 1961.4

Exhaust Emission Standards and Test Procedures - 2026 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles

Chapter 1, Article 2, § 1962.2

Zero-Emission Vehicle Standards for 2018 through 2025 Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

Chapter 1, Article 2, § 1962.3

Electric Vehicle Charging Requirements

Chapter 1, Article 2 § 1962.4

Zero-Emission Vehicle Requirements for 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks

Chapter 1, Article 2, §1962.5

Data Standardization Requirements for 2026 and Subsequent Model Year Light-Duty Zero Emission Vehicles and Plug-in Hybrid Electric Vehicles

Chapter 1, Article 2, § 1962.6

Battery Labeling Requirements

Chapter 1, Article 2, § 1962.7

In-Use Compliance, Corrective Action and Recall Protocols for 2026 and Subsequent Model Year Zero-Emission and Plug-in Hybrid Electric Passenger Cars and Light-Duty Trucks

Chapter 1, Article 2, § 1962.8

Warranty Requirements for Zero-Emission and Batteries in Plug-in Hybrid Electric 2026 and Subsequent Model Year Passenger Cars and Light-Duty Trucks

Chapter 1, Article 2, § 1965

Emission Control, Smog Index, and Environmental Performance Labels - 1979 and Subsequent Model-Year Motor Vehicles

Chapter 1, Article 2, § 1968.2

Malfunction and Diagnostic System Requirements - 2004 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines

Chapter 1, Article 2, § 1968.5

Enforcement of Malfunction and Diagnostic System Requirements for 2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines

Chapter 1, Article 2, § 1969

Motor Vehicle Service Information - 1994 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles, and 2007 and Subsequent Model Heavy-Duty Engines

Chapter 1, Article 2, § 1975

Standards and Test Procedures for Crankcase Emissions

Chapter 1, Article 2, § 1976

Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions

Chapter 1, Article 2, §1977

Certification and Service Documents - 1993 and Subsequent Model Motor Vehicles

Chapter 1, Article 2, § 1978

Standards and Test Procedures for Vehicle Refueling Emissions

Chapter 1, Article 5, § 2030

Liquefied Petroleum Gas or Natural Gas Retrofit Systems

Chapter 1, Article 5, § 2032

Off-Vehicle Charge Capable Hybrid Electric Vehicle Conversion Systems

Chapter 1, Article 6, § 2035

Purpose, Applicability, and Definitions

Chapter 1, Article 6, § 2037

Defects Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles

Chapter 1, Article 6, § 2038

Performance Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, and Motor Vehicles Engines Used in Such Vehicles

Chapter 1, Article 6, § 2039

Emissions Control System Warranty Statement

Chapter 1, Article 6, § 2040

Vehicle Owner Obligations

Chapter 1, Article 6, § 2041

Mediation; Finding of Warrantable Condition

Chapter 2, Article 1, § 2062

Assembly-Line Test Procedures — 1998 and Subsequent Model Years

Chapter 2, Article 2, § 2101

Compliance Testing and Inspection — New Vehicle Selection, Evaluation, and Enforcement Action

Chapter 2, Article 2, § 2106

New Vehicle Assembly-Line Inspection Testing

Chapter 2, Article 2, § 2107

Assembly-Line Quality-Audit Testing

Chapter 2, Article 2, § 2108

Order of Executive Officer

Chapter 2, Article 2, § 2109

New Vehicle Recall Provisions

Chapter 2, Article 2.1, § 2111

Applicability

Chapter 2, Article 2.1, § 2112

Definitions

Chapter 2, Article 2.1, Appendix A to Article 2.1

California In-Use Vehicle Emission-Related Recall Procedures, Enforcement Test Procedures, and Failure Reporting Procedures for 1982 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, Heavy-Duty Vehicles and Engines, Motorcycles, 1997 and Subsequent Model-Year Off-Road Motorcycles and All-Terrain Vehicles, 2000 and Subsequent Model-Year Off-Road Compression-Ignition Engines, and 2008 and Subsequent Model-Year Spark-Ignition Inboard and Sterndrive Marine Engines

Chapter 2, Article 2.1, § 2113

Initiation and Approval of Voluntary and Influenced Emission-Related Recalls

Chapter 2, Article 2.1, § 2114

Voluntary and Influenced Recall Plans

Chapter 2, Article 2.1, § 2115

Eligibility for Repair

Chapter 2, Article 2.1, § 2116

Repair Label

Chapter 2, Article 2.1, § 2117

Proof of Correction Certificate

Chapter 2, Article 2.1, § 2118

Notification

Chapter 2, Article 2.1, § 2119

Recordkeeping and Reporting Requirements

Chapter 2, Article 2.1, § 2120

Other Requirements Not Waived

Chapter 2, Article 2.1, § 2121

Penalties

Chapter 2, Article 2.2, § 2122

General Provisions

Chapter 2, Article 2.2, § 2123

Initiation and Notification of Ordered Emissions-Related Recalls

Chapter 2, Article 2.2, § 2124

Availability of Public Hearing

Chapter 2, Article 2.2, § 2125

Ordered Recall Plan

Chapter 2, Article 2.2, § 2126

Approval and Implementation of Recall Plan

Chapter 2, Article 2.2, § 2127

Notification of Owners

Chapter 2, Article 2.2, § 2128

Repair Label

Chapter 2, Article 2.2, § 2129

Proof of Correction Certificate

Chapter 2, Article 2.2, § 2130

Capture Rates and Alternative Measures

Chapter 2, Article 2.2, § 2131

Preliminary Tests

Chapter 2, Article 2.2, § 2132

Communication with Repair Personnel

Chapter 2, Article 2.2, § 2133

Recordkeeping and Reporting Requirements

Chapter 2, Article 2.2, § 2134

Penalties

Chapter 2, Article 2.2, § 2135

Extension of Time

Chapter 2, Article 2.3, § 2136

General Provisions

Chapter 2, Article 2.3, § 2137

Vehicle, Engine, and Trailer Selection

Chapter 2, Article 2.3, § 2138

Restorative Maintenance

Chapter 2, Article 2.3, § 2139

Testing

Chapter 2, Article 2.3, § 2140

Notification and Use of Test Results

Chapter 2, Article 2.4, § 2141

General Provisions

Chapter 2, Article 2.4, § 2142

Alternative Procedures

Chapter 2, Article 2.4, § 2143

Failure Levels Triggering Recall and Corrective Action

Chapter 2, Article 2.4, § 2144

Emission Warranty Information Report

Chapter 2, Article 2.4, § 2145

Field Information Report

Chapter 2, Article 2.4, § 2146

Emissions Information Report

Chapter 2, Article 2.4, § 2147

Demonstration of Compliance with Emission Standards

Chapter 2, Article 2.4, § 2148

Evaluation of Need for Recall

Chapter 2, Article 2.4, § 2149

Notification and Subsequent Action

Chapter 2, Article 3, § 2150

Assembly-Line Surveillance

Chapter 2, Article 3, § 2151

New Motor Vehicle Dealer Surveillance

Chapter 3, Article 1, § 2175

Highway Exhaust Emissions — Light-Duty Vehicles

Chapter 3, Article 1, § 2175.5

Exemption of Vehicles

Chapter 3, Article 1, § 2176

Mandatory Inspection Exhaust Emissions -- Light-Duty and Medium-Duty Vehicles

Chapter 4, Article 2, § 2220

Applicability

Chapter 4, Article 2, § 2221

Replacement Parts

Chapter 4, Article 2, § 2222

Add-on Parts and Modified Parts

Chapter 4, Article 2, § 2224

Surveillance

Chapter 4, Article 2, § 2225

Enforcement Action

Chapter 4.4, § 2235

Requirements

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7186 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 906

20 DCMR § 907 VEHICLE EMISSION STANDARDS - Fleet Average Greenhouse Gas Requirements

907.1 For all new vehicles subject to § 905, compliance with the California Fleet Average Greenhouse Gas Requirements shall be demonstrated by each motor vehicle manufacturer.

907.2 Compliance with § 907.1 shall be based on the number of vehicles, subject to this chapter, produced and delivered for sale in the District of Columbia by each manufacturer.

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7189 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 907

20 DCMR § 908 VEHICLE EMISSION STANDARDS – ZERO-EMISSION VEHICLE CREDIT PERCENTAGE Requirements

908.1 For all new vehicles subject to § 905, compliance with the Zero-Emission Vehicle Credit Percentage Requirements shall be demonstrated by each motor vehicle manufacturer.

908.2 Compliance with § 908.1 shall be based on the number of vehicles, subject to this chapter, produced and delivered for sale in the District of Columbia by each manufacturer.

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7189 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 908

20 DCMR § 909 VEHICLE EMISSION STANDARDS - Vehicle Testing

909.1 All new vehicles subject to § 905 shall be certified to meet all applicable California standards in accordance with the test procedures defined in those standards.

909.2 Motor vehicle certification testing performed for the California Air Resources Board (CARB) and associated findings made by CARB will be acceptable to demonstrate compliance with § 909.1 of this regulation.

909.3 All manufacturers of new vehicles subject to this chapter shall comply with all applicable California Assembly Line and In-Use Requirements.

909.4 Motor vehicle testing and inspections performed for or by CARB and associated findings made by CARB will be acceptable to demonstrate compliance with this chapter, except as specified.

909.5 If a vehicle manufacturing facility that manufactures vehicles for sale in the District of Columbia that are certified to the California standards is not subject to the California Assembly Line and In-Use Requirements administered by CARB, the Department may:

(a) Require demonstration of compliance with all California Assembly Line and In-Use Requirements; and

(b) Upon a manufacturer's written request and demonstration of need, approve the functional testing of a statistically significant testing sample instead of an otherwise required one hundred percent (100%) testing rate.

909.6 The Department may conduct tests and inspections performed in accordance with California Assembly Line and In-Use Requirements on vehicles produced or delivered for sale in the District of Columbia for purposes of:

(a) Compliance monitoring;

(b) Effectiveness demonstration;

(d) The determination of appropriate corrective actions.

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7190 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 909

20 DCMR § 910 VEHICLE EMISSION STANDARDS - Warranty

910.1 All manufacturers of new vehicles subject to § 905 shall comply with all applicable California Warranty Requirements.

910.2 Reports generated for or by the California Air Resources Board (CARB) and associated findings made by CARB shall be acceptable to demonstrate compliance with this chapter.

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7190 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 910

20 DCMR § 911 VEHICLE EMISSION STANDARDS - Manufacturer Compliance Demonstration

911.1 For all new vehicles subject to § 905, each vehicle manufacturer, upon request by the Department, shall submit reports:

(a) Documenting total deliveries of vehicles for sale in the District of Columbia during the applicable model year in each test group or subgroup as applicable and defined under the California standards;

(b) Demonstrating, based on vehicles delivered for sale in the District of Columbia, compliance with the:

(1) California Fleet Average NMOG Requirements;

(2) California Fleet Average Greenhouse Gas Requirements; and

(3) California Zero-Emission Vehicle Credit Percentage Requirements; and

911.2 For the purposes of determining if vehicles qualify for exemption under this chapter, the Department may require any vehicle manufacturer or dealer of vehicles subject to this chapter to submit any documentation that the Department determines necessary for the effective administration and enforcement of this chapter.

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7190 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 911

20 DCMR § 912 AFTERMARKET CATALYTIC CONVERTERS

912.1 No person shall install, sell, offer for sale, or advertise in the District of Columbia:

(a) Unless it has been exempted pursuant to the requirements of Cal. Code Regs. tit. 13, § 2222, any new aftermarket catalytic converter intended for use on a 2027 or subsequent model year gasoline-powered passenger car, light-duty truck, or medium-duty vehicle that had originally been certified with a catalytic converter; or

(b) Any used, recycled, or salvaged catalytic converter.

912.2 Installers of new aftermarket catalytic converters shall:

Verify that the vehicle is specifically included in the vehicle application list for the new aftermarket catalytic converter being installed using means such as, but not limited to:

The aftermarket catalytic converter manufacturer’s vehicle application guide;

The aftermarket catalytic converter manufacturer’s website;

Contacting the aftermarket catalytic converter manufacturer;

Other manufacturer’s documentation distributed to installers; or

Contacting the Department;

Install the new aftermarket catalytic converter so that the California Air Resources Board (CARB) Executive Order Number and other identifying information is visible from the underside of the vehicle;

Retain records pertaining to the sale and installation of the aftermarket catalytic converters for a minimum of four (4) years from the date of installation; and

Keep records onsite at the installation location, either in hardcopy or electronically, which shall be produced upon request from the Department.

912.3 Manufacturers, distributors, wholesalers, and retailers of aftermarket catalytic converters shall:

Ensure that the information required under § 912.2(a) is available to installers;

Provide records pertaining to the delivery and sale of aftermarket catalytic converters in the District upon request from the Department;

Submit semi-annual warranty information reports of catalytic converters sold in the District to the Department using the same format used to report this information to CARB as set forth in Cal. Code Regs. tit. 13, § 2222;

Maintain sufficient records, such as performance specifications, test data, or other information, to substantiate that a replacement catalytic converter is in compliance with this section;

Keep records open for reasonable inspection by the Department or its designated agent(s); and

Maintain records for four (4) years from the year of manufacture of the replacement catalytic converter.

912.4 A person shall not install a new aftermarket catalytic converter unless:

The vehicle is beyond its original emissions warranty coverage period and a legitimate need for replacing the existing catalytic converter is established and documented on the repair invoice;

The new aftermarket catalytic converter is installed in the same location as the original equipment manufacturer catalytic converter; and

The installation does not alter the location, position, number of catalytic converters, nor the location, position, number, or orientation of oxygen sensors, nor disable other emission control devices.

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7190 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 912

20 DCMR § 913 VEHICLE EMISSION STANDARDS – INSPECTION AND Enforcement

913.1 The Department, or its designated agent(s), may conduct inspections and surveillance of new and used motor vehicles for the purposes of determining compliance with the requirements of this chapter.

913.2 The inspections may:

(a) Be conducted on any premises owned, operated, used, leased, or rented by any vehicle dealer;

(b) Extend to all emissions-related parts and their operation;

(d) Include a review of any related records, including records of emissions-related part repairs performed under warranty.

913.3 Refusal to allow or interference with inspections initiated pursuant to this chapter shall be considered a violation of this chapter.

913.4 The Department, or its designated agent(s), may perform functional tests, steady-state tests, and other tests as reasonably necessary to ensure compliance with §§ 905-913 of this chapter.

913.5 The Department may use emission test standards defined in the California Assembly Line and In-Use Requirements to verify compliance with the requirements of this chapter in addition to all other compliance procedures authorized or required by the California standards.

913.6 Except as otherwise specified in this section, any order or enforcement action taken by the California Air Resources Board (CARB) to correct noncompliance with any requirement of the California standards that results in the recall of any vehicle pursuant to the California Recall Requirements applies to all vehicles subject to this chapter.

913.7 Except as specified in this chapter, any voluntary or influenced emissions-related recall campaign initiated by any manufacturer pursuant to the California Recall Requirements also applies to vehicles subject to this chapter.

913.8 The Department may exempt District of Columbia vehicles from the provisions of §§ 905 to 913 if a vehicle manufacturer demonstrates to the Department's satisfaction, within twenty-one (21) days of CARB approval of a recall campaign, that the campaign is not applicable to vehicles delivered for sale in District of Columbia.

913.9 The Department shall enforce the requirements of this chapter in accordance with the requirements defined in the California standards and applicable federal and District of Columbia law.

913.10 Failure to submit any of the required reports, test data, inspection data, or any other information requested in this chapter shall be considered a violation and the Department may impose an administrative civil fine, penalty, and order for costs and expenses pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801 et seq.).

913.11 A person who violates any provision of this chapter shall be subject to sanctions pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801 et seq.).

913.12 Each instance or day of violation of any provision of this chapter shall be considered a separate violation.

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7194 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 913

20 DCMR § 914 [RESERVED]

History

SOURCE: Section 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, D.C. Law 10-201, 41 DCR 7178, 7195 (November 4, 1994); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 914

20 DCMR § 915 [RESERVED]

History

SOURCE: Final Rulemaking published at 47 DCR 886 (February 11, 2000); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 915

20 DCMR § 916 [RESERVED]

History

SOURCE: Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 916

20 DCMR § 999 DEFINITIONS AND ABBREVIATIONS

999.1 When used in this chapter, the following terms shall have the meanings ascribed:

Administrative controls - written procedural mechanisms used for odor mitigation.

California Assembly Line and In-Use Requirements - the requirements established under Cal. Code Regs. tit. 13, §§ 1900, 2062, 2101, 2106, 2107, 2108, 2109, 2136, 2137, 2138, 2139, 2140, 2150, 2151, 2175, 2175.5, and 2176.

California Fleet Average Greenhouse Gas (GHG) Requirements – the requirements established under Cal. Code Regs. Tit. 13, § 1961.1(a)(1), including all calculation procedures and credit and debit provisions specified in Cal. Code Regs. tit. 13, § 1961.1.

California Fleet Average NMOG Requirements - the requirements established under Cal. Code Regs. tit. 13, § 1961(b)(1), including all calculation procedures and credit and debit provisions specified in Cal. Code Regs. tit. 13, §1961.

California Recall Requirements - the requirements established under Cal. Code Regs. tit. 13 §§ 1900, 2109, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2132, 2133, 2134, 2135, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2148, 2149, and Appendix A to Article 2.1 of Chapter 2 of Division 3.

California standards - the comprehensive set of requirements defined by California Certification Requirements, California Warranty Requirements, California Assembly Line and In-Use Requirements, California Recall Requirements, California Fleet Average NMOG Requirements, California Fleet Average Greenhouse Gas Requirements, and California Zero-Emission Vehicle Credit Percentage Requirements.

California Warranty Requirements - the requirements established under Cal. Code Regs. tit. 13, §§ 1900, 2035, 2037, 2038, 2039, 2040, and 2041.

California Zero-Emission Vehicle Credit Percentage Requirements - the requirements established under Cal. Code Regs. tit. 13, § 1962.2(b)(1), including all calculation procedures and credit and debit provisions specified in Cal. Code Regs. tit. 13, §1962.2.

Certification - a finding by California Air Resources Board that a motor vehicle, motor vehicle engine, or motor vehicle pollution control device satisfies the criteria adopted by the Board for the control of specified air contaminants from vehicular sources.

Clean-fuel vehicle - a motor vehicle which has been certified to meet, for any model year, a set of emission standards that classifies it as a clean-fuel vehicle in accordance with this act. (D.C. Law 10-201)

Cold Emergency Alert – issued pursuant to the District of Columbia Cold Emergency Plan when the temperature falls, or is forecasted to fall, to fifteen degrees Fahrenheit (15°F) or below for a twelve (12) hour period, or fifteen degrees Fahrenheit (15°F) including wind chill and one or more of the following conditions exists:

(a) Steady precipitation for sixty (60) consecutive minutes;

(b) Ice storms and/or freezing rain;

(d) Sustained winds of more than ten to fifteen miles per hour (10-15 mph);

(e) A wind chill below zero degrees Fahrenheit (0°F); or

(f) Other meteorological conditions or threats as determined by HSEMA.

Deviation - the failure to comply with any of the administrative or engineering controls in the source’s Odor Control Plan.

Engineering controls - physical mechanisms used for odor mitigation, such as the installation of process equipment or the physical modification of a source’s process or process equipment.

Executive Officer - the Executive Officer of the California Air Resources Board as used in California-adopted statutes, regulations, and procedures related to the California standards. This meaning is extended for purposes of the application of California standards in the District of Columbia to include the Director, who shall act as the agent of the California Executive Officer in the District of Columbia.

Farming equipment – any appliance used directly and principally for the purpose of producing agricultural products, including horticultural products, for sale and use or consumption off the premises. This definition includes any equipment or machinery used primarily in preparation of land, planting, raising, cultivating, irrigating, harvesting, or placing in storage of farm crops. This definition also includes any equipment or machinery used primarily for the purpose of feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or bees, or for dairying and the sale of dairy products. This definition also includes any equipment or machinery used primarily in any other agricultural or horticultural use or animal husbandry or any combination thereof.

Generator set – an internal combustion engine coupled to a generator that is used as a source of electricity.

Idling – running the engine of nonroad equipment or a motor vehicle while the nonroad equipment or motor vehicle is not moving and the engine is not in use in whole or in part to perform mechanical work or an electrical operation for which it was designed (such as to power a hydraulic lift, crane, cement mixer or pump, cherry picker, air compressor, generator, or similar piece of equipment).

Light-duty truck (LDT) - any 2000 and subsequent model motor vehicle certified to the standards in Cal. Code Regs. tit. 13, § 1961(a)(1), 1961.2, or 1961.4 rated at eight thousand five hundred (8,500) pounds gross vehicle weight or less, and any other motor vehicle, rated at six thousand (6,000) pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.

Location - any building, structure, facility, or installation, that is owned or operated by a person, or is under the control of a person, located on one or more contiguous properties, and contains, or could contain, a fueling pump or pumps for the use of the vehicles owned or controlled by that person. This definition is meant to encompass all of the facilities of the fleet operator in a single covered area, in their entirety. The term "location" is not meant to be interpreted narrowly, such as a single refueling pump.

Locomotive – a self-propelled diesel-powered vehicle, for pulling or pushing freight or passenger cars on railroad tracks.

Marine vessel – any diesel-powered vehicle that is used or capable of being used as a means of transportation on water except amphibious vehicles.

Medium-duty passenger vehicle:

Any medium-duty vehicle with a gross vehicle weight rating of less than ten thousand (10,000) pounds that is designed primarily for the transportation of persons.

"Medium-duty passenger vehicle" does not include any vehicle which:

Is an incomplete truck, that is, a truck that does not have the primary load carrying device or container attached;

Has a seating capacity of more than twelve (12) persons;

Is designed for more than nine (9) persons in seating rearward of the driver's seat; or

(iv) Is equipped with an open cargo area of seventy-two (72) inches in interior length or more, or a covered box not readily accessible from the passenger compartment of seventy-two (72) inches in interior length or more.

Medium-duty vehicle - any pre-1995 model year heavy-duty vehicle having a manufacturer’s gross vehicle weight rating of eight thousand five hundred (8,500) pounds or less; any 1992 through 2006 model-year heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero emission vehicle certified to the standards in Cal. Code Regs. tit. 13, § 1960.1(h)(2) having a manufacturer's gross vehicle weight rating of fourteen thousand (14,000) pounds or less; any 1995 through 2003 model year heavy-duty vehicle certified to the standards in Cal. Code Regs. tit. 13, § 1960(h)(1) having a manufacturer's gross vehicle weight rating of fourteen thousand (14,000) pounds or less; and any 2000 or subsequent model year heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero emission vehicle certified to the standards in Cal. Code Regs. tit. 13, § 1961(a)(1), 1961.2, 1961.4, 1962, 1962.1, or 1962.2 having a manufacturer’s gross vehicle weight rating between eight thousand five hundred and one (8,501) and fourteen thousand (14,000) pounds.

Military equipment – equipment that meets military specifications, is owned by the U.S. Department of Defense or the U.S. military services or its allies, and is used in combat, combat support, combat service support, tactical or relief operations or training for such operations.

Model Year - the motor vehicle manufacturer's annual production period, which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. In the case of any vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis.

Motor vehicle:

A vehicle that is self-propelled.

(b) "Motor vehicle" does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.

New vehicle:

A new motor vehicle, or any motor vehicle with an odometer reading of less than seven thousand five hundred (7,500) miles, and the equitable or legal title to which has never been transferred to an ultimate purchaser.

(b) "New vehicle" does not include any vehicle with an odometer reading of seven thousand five hundred (7,500) miles or more.

Nonroad diesel engine – any internal combustion engine that utilizes diesel fuel as its fuel source:

In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (e.g., garden tractors, off-highway mobile cranes, and bulldozers);

In or on a piece of equipment that is intended to be propelled while performing its function (e.g., lawnmowers and string trimmers); or

That, by itself or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indications of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform; and

Unless:

(i) The engine is used to propel a motor vehicle or a vehicle solely for competition, or is subject to standards promulgated under Section 202 of the Clean Air Act;

(ii) The engine is regulated by a federal New Source Performance Standard promulgated under Section 111 of the Clean Air Act; or

(iii) The engine otherwise included in paragraph (c) of this definition remains or will remain at a location for more than twelve (12) consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine(s) that replaces an engine(s) at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two (2) years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.

Nonroad equipment – a piece of equipment that is powered by a nonroad diesel engine.

Nonroad vehicle - a vehicle that is powered by a nonroad engine and that is not a motor vehicle, or a vehicle used solely for competition.

Passenger Car - a motor vehicle designed primarily for transportation of persons and having a design capacity of twelve persons or less.

Person - an individual, partnership, corporation, association, or any agency, instrumentality, or department of any government.

Recreational vehicle – any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, belts, cleats, tracks, skis or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. This definition includes snowmobiles, all-terrain vehicles (ATVs), nonroad motorcycles, or any other legally registered motor vehicle when used for nonroad recreational purposes.

State – the District of Columbia when used in the California Code of Regulations provisions incorporated by reference in this regulation.

Test group – is a basic classification unit that has the meaning given in the “California 2015 through 2025 Model Year Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Year Greenhouse Gas Exhaust Emission Standards and Test Procedures Passenger Cars, Light-Duty Trucks, and Medium Duty Vehicles,” incorporated by reference in Cal. Code Regs. tit. 13, § 1961.2, or the “California 2026 and Subsequent Model Year Criteria Pollutant Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in Cal. Code Regs. tit. 13, § 1961.4(c)(1), as applicable.

Transfer - to sell, import, deliver, purchase, lease, rent, acquire, or receive a motor vehicle for titling or registration in District of Columbia.

Ultimate purchaser - the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale.

Vehicle:

A device by which any person or property may be propelled, moved, or drawn upon a highway; and

(b) “Vehicle” does not include a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

Warming bus – any motor vehicle deployed by the Homeland Security and Emergency Management Agency (HSEMA) during a Cold Emergency Alert to provide vulnerable individuals with shelter from cold weather conditions.

Wastewater treatment facility - publicly owned treatment works as defined in 40 C.F.R. § 63.1595, sewer lift-stations, wastewater pumping stations, and equipment for on-site treatment of wastewater.

Zero emission vehicle– a vehicle that produces zero (0) exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions.

999.2 When used in this chapter, the following abbreviations shall have the meaning ascribed:

CARB - California Air Resources Board.

GHG – Greenhouse Ga

NMOG - Non-Methane Organic Gas

OCP - Odor Control Plan

U.S. - United States

999.3 Any term in §§ 905 to 913 that is not defined in this chapter shall be as defined in the California regulations and documents adopted or incorporated by reference in §§ 905 to 913 of this chapter. Definitions in the California regulations and documents shall prevail in any case of discrepancy.

History

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; 32 DCR 565 (February 1, 1985)); as amended by § 3(a) of the Clean Fuel Fleet Vehicle Program and Alternative Fuels Incentives Amendment Act of 1994, effective March 14, 1995 (D.C. Law 10-201; 41 DCR 7178, 7190 (November 4, 1994)); as amended by Final Rulemaking published at 47 DCR 886 (February 11, 2000); as amended by Final Rulemaking published at 62 DCR 13282 (October 9, 2015); as amended by Final Rulemaking published at 62 DCR 14273 (November 6, 2015); as amended by Final Rulemaking published at 70 DCR 010830 (August 4, 2023); as amended by Final Rulemaking published at 70 DCR 016673 (December 29, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 999

20-10 AIR QUALITY - NITROGEN OXIDES EMISSIONS BUDGET PROGRAM

20 DCMR § 1000 APPLICABILITY

1000.1 Beginning on May 1, 2015, this chapter applies to any new or existing nitrogen oxides (NOx) unit.

History

SOURCE: Final Rulemaking published at 47 DCR 8646(October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1000

20 DCMR § 1001 NOx EMISSIONS BUDGET AND NOx LIMIT PER SOURCE

1001.1 The total amount of NOx mass emissions from all NOx budget sources during a control period shall not exceed the maximum allowable NOx budget of twenty five (25) tons per control period, which shall be allocated as follows:

General Service Administration, Central Heating and Refrigeration Plant (GSA CHRP)

Unit #3, Unit #4, and

Unit #5 (DB, CT-1, and CT-2)

25 tons per control period

1001.2 If the emissions limit specified in § 1001.1 is different from the limit specified in any permit or regulation unrelated to this chapter, the more stringent limit shall apply.

1001.3 When an entity seeks to construct and operate a new NOx unit in the District, and the Director concludes that this unit shall be authorized to emit NOx, the NOx emissions budget for the existing NOx budget source identified in § 1001.1, shall be revised by rulemaking, based on a determination by the Director that:

(a) Justifies that the cap for each NOx budget source does not exceed what is reasonable, based on historical emissions during ozone season, operational needs, and other considerations, as relevant; and

(b) Ensures that the total sum of emissions from all NOx budget sources shall not exceed the total NOx budget in § 1001.1.

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1001

20 DCMR § 1002 EMISSIONS MONITORING

The owner or operator of each NOx budget source shall comply with the continuous emissions monitoring system (CEMS) provisions of 40 C.F.R. Part 75, subpart H. The emissions monitoring system shall:

(a) Be installed, certified, operated, maintained, and quality assured in a manner approved by the Department and acceptable to the United States Environmental Protection Agency (EPA); and

(b) Demonstrate whether the NOx emissions exceed the maximum allowable NOx budget or source-specific NOx emission limits specified in this chapter.

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1002

20 DCMR § 1003 RECORD-KEEPING AND REPORTING

1003.1 In addition to meeting the general reporting requirements in 20 DCMR §§ 500 and 501, the owner or operator of each NOx budget source shall retain, for a period of at least five (5) years:

(a) Information on the amount of NOx emissions from the source, such as records of all measurements, data, reports, and other information required by this chapter and the provisions of 40 C.F.R. Part 75, subpart H; and

(b) Other information that:

(1) The Director concludes will enable him or her to determine whether sources are in compliance with these regulations; and

(2) Is described in one or both of the operation permits issued pursuant to 20 DCMR §§ 200.2 or 300.1 to the NOx budget source.

The owner or operator of each NOx budget source shall begin recording data the first hour that the NOx budget source is operating for reporting purposes.

The information in § 1003.1 shall be submitted to the Department within thirty (30) days of the end of a control period.

Any excess emissions shall be reported to the Department in writing within two (2) Department working days.

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1003

20 DCMR § 1004 EXCESS EMISSIONS

1004.1 For purposes of determining the number of days of violation, if a NOx Budget unit has excess emissions for a control period, each day in the control period (153 days) constitutes a day in violation unless the owners and operators of the unit demonstrate that a lesser number of days should be considered.

1004.1 Each ton of excess emissions shall be a separate violation.

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1004

20 DCMR § 1005 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1005

20 DCMR § 1006 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1006

20 DCMR § 1007 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1007

20 DCMR § 1008 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1008

20 DCMR § 1009 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1009

20 DCMR § 1010 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1010

20 DCMR § 1011 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1011

20 DCMR § 1012 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1012

20 DCMR § 1013 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1013

20 DCMR § 1014 [REPEALED]

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 48 DCR 4483 (May 18, 2001); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1014

20 DCMR § 1099 DEFINITIONS

1099.1 When used in this chapter, the following terms shall have the meanings ascribed:

Continuous emissions monitoring system or CEMS – the equipment used to sample, analyze and measure air pollutants and provide a permanent record of emissions expressed in pounds per Million British Thermal Units (lb/MMBtu) and tons per day. The following component parts shall be included in a continuous monitoring system:

(a) NOx pollutant concentration monitor;

(b) Diluent gas (oxygen or carbon dioxide) monitor;

(d) Flow monitor (where appropriate).

Control period – the period beginning May 1st of each year and ending on September 30th of the same year, inclusive.

Excess emissions – the NOx emissions, in tons, that a NOx source reports during a control period that is greater than the maximum allowable NOx emissions limit in § 1001.1 of this chapter.

Fossil fuel-fired – the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel:

(a) Actually combusted comprises more than fifty percent (50%) of the annual heat input on a British Thermal Unit (Btu) basis during any year; or

(b) Is projected to comprise more than fifty percent (50%) of the annual heat input on a Btu basis during any year, provided that the source shall be “fossil fuel-fired” as of the date, during such year, on which the source begins combusting fossil fuel.

Heat input – the product (expressed in MMBtu/time) of the gross calorific value of the fuel (expressed in Btu/lb) and the fuel feed rate into the combustion device (expressed in fuel mass/time) and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.

NOx budget source – a source that includes one or more NOx budget units.

NOx budget unit – a NOx unit that is subject to the NOx budget emissions limitation under § 1001.1.

NOx unit – fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system that has a maximum design heat input of greater than two hundred fifty Million British Thermal Units (250 MMBtu) per hour.

Ton – any “short” ton (two thousand pounds (2,000 lb)). For the purpose of determining compliance with the NOx budget under § 1001, total tons for a control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with this chapter, with any remaining fraction of a ton equal to or greater than five-tenths (0.5) ton being deemed to equal one (1) ton.

History

SOURCE: Final Rulemaking published at 47 DCR 8646 (October 10, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 62 DCR 5685 (May 8, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1099

20-12 DEMAND RESPONSE GENERATING SOURCES

20 DCMR § 1200 DEMAND RESPONSE GENERATING SOURCES

1200.1 An owner or operator of a demand response generating source shall obtain a permit from the Department pursuant to this section and § 200.1 of this title before any person shall cause, suffer, or allow the construction or modification of the demand response generating source.

1200.2 An owner or operator of a demand response generating source shall obtain a permit from the Department pursuant to this section and § 200.2 of this title before any person shall cause, suffer, or allow the operation of the demand response generating source.

1200.3 A demand response generating source:

(a) Shall not be classified or permitted as an emergency generator; and

(b) Must be classified and permitted as a non-emergency generator, and must meet all relevant requirements of this section.

1200.4 Except as specified in § 1200.5 and §1200.6 once a demand response generating source is approved for participation in a demand response program pursuant to this section, the level of emission control of the demand response generating source is not subject to re-evaluation under § 1200.7 through § 1200.9 at the time of permit renewal.

1200.5 A permit application or permit renewal application to construct, modify, or operate a demand response generating source may be denied if the Department determines that such a denial is necessary or appropriate to protect air quality pursuant to a finding that issuance of the permit would not be consistent with the requirements of § 201 of this title.

1200.6 A permit application or permit renewal application to construct, modify, or operate a demand response generating source may be denied if the Department determines that such a denial is necessary or appropriate to encourage energy efficiency or conservation-based demand response in the District.

1200.7 No person shall construct or operate any internal combustion engine as a demand response generating source unless the source implements, at a minimum, a level of emission control determined by the Department to meet the definition of Best Available Control Technology (BACT) in § 199 of this title for a new unit of the proposed type and size at the time of submission of the permit application submitted pursuant to § 1200.1 or § 1200.2, whichever is earlier.

1200.8 At no time shall BACT for a demand response generating sources be determined to be less stringent than the standards specified for the same size engine of the current model year at the time of application to the Department for a permit to operate as a demand response generating source as follows:

(a) For all compression-ignition engines, regardless of model year, the standards for compression-ignition engines found in 40 CFR §§ 1039.101, 1039.105, 1039.107, and 1039.115, as amended; and

(b) For all spark-ignition engines, regardless of model year, the standards for non-emergency spark-ignition engines found in 40 CFR §§ 60.4231, 60.4243, and 60.4244, as amended.

1200.9 In preparing an application for a permit under this section, the applicant shall propose a control system representing BACT based on a case-by-case evaluation of available control technologies, to be documented in the application, performed by completing the following steps:

(b) Arrange the measures on the list in descending order of air pollution control effectiveness; and

(c) Choose and propose the top-rated measure on the list not eliminated from consideration as a result of one (1) of the following demonstrations:

(1) Where a demonstration is made that this measure is technically infeasible, based on physical, chemical, or engineering principles, and/or technical difficulties that would prevent the successful application of the measure;

(2) Where a demonstration is made that this measure has adverse environmental effects (for example effects on water or land, HAP emissions, or increased environmental hazards) when compared with its air contaminant emission reduction benefits, which would make use of this measure unreasonable;

(3) Where a demonstration is made that this measure should be eliminated from consideration based on its calculated economic impacts as follows:

(A) The demonstration shall use the techniques in the latest edition of EPA’s Control Cost Manual, where the total and incremental costs of the top measure are greater than the total and incremental costs of the proposed measure(s) and that the extra costs, when compared with the air contaminant emission reduction benefits resulting from the top measure, would make use of the top measure unreasonable; and

(B) The costs of the measures evaluated shall be net costs and shall explicitly include in the calculation the economic benefits of operating the generator as a demand response generating source as compared to the alternative operation (or non-operation) that would be proposed if the unit were not granted a permit under this section; or

(4) Where a demonstration is made that this measure should be eliminated from consideration based on its energy impacts such as establishment that it relies on fuels that are not reliably available; or that the energy consumed by the top measure is greater than that consumed by the proposed measure(s), and that the extra energy used, when compared with the air contaminant emission reduction benefits resulting from the top measure, would make use of that measure unreasonable.

History

SOURCE: Final Rulemaking published at 67 DCR 7899 (June 26, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 1200

20 DCMR § 1299 DEFINITIONS

1299.1 The meanings ascribed to the definitions and abbreviations appearing in § 199.1 and § 199.2 of this title shall apply to any terms in this chapter not defined below. Additionally, the following definitions shall apply to the terms as used in this chapter:

Demand response generating source – means a stationary generator subject to an agreement or obligation to provide power in response to power grid needs, economic signals from competitive wholesale electric markets, or special retail rates. The term “demand response generating source” shall not include a generator that derives its energy from an energy source that qualifies as a tier one renewable source under the Renewable Energy Portfolio Standard Act of 2004, effective April 12, 2005 (D.C. Law 15-340; D.C. Official Code §§ 34-1431 et seq.).

History

SOURCE: Final Rulemaking published at 67 DCR 7899 (June 26, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 1299

20-14 AIR TOXICS AND HAZARDOUS AIR POLLUTANTS

20 DCMR § 1400 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES

1400.1 The requirements of 40 C.F.R. part 63, subparts A, B, C, D, E, and appendix A (Test Methods) (40 C.F.R. §§ 63.1 – 63.99), as amended, together with the terms used and defined, are hereby adopted by reference for the purpose of implementing the National Emission Standards for Hazardous Air Pollutants (NESHAP) for source categories pursuant to the requirements of Section 112 of the Clean Air Act, 42 U.S.C. § 7412, except that the word “Administrator” as used in the C.F.R. sections shall be taken to mean Director of the District Department of Energy and Environment.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1400

20 DCMR § 1401 EMISSION STANDARDS FOR PERCHLOROETHYLENE DRY CLEANING FACILITIES

1401.1 After January 1, 2014, no person shall install a machine designed to use perchloroethylene as a cleaning agent for clothes or other fabrics.

1401.2 After January 1, 2029, no person shall use perchloroethlyene as a cleaning agent for clothes or other fabrics.

1401.3 Except as controlled by Subsections 1401.1 and 1401.2, the requirements of 40 C.F.R. part 63, subpart M (40 C.F.R. §§ 63.320 – 63.326), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”

1401.4 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart M, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1401

20 DCMR § 1402 Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks

1402.1 The requirements of 40 C.F.R. part 63, subpart N (40 C.F.R. §§ 63.340 – 63.348 and table 1 to subpart N of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment”.

1402.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart N, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1402

20 DCMR § 1403 EMISSION STANDARDS FOR HALOGENATED SOLVENT CLEANING

1403.1 The requirements of 40 C.F.R. part 63, subpart T (40 C.F.R. §§ 63.460 – 63.471, appendix A to subpart T of part 63, and appendix B to subpart T of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean Director of the Department of Energy and Environment.

1403.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart T, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1403

20 DCMR § 1404 EMISSION STANDARDS FOR The Printing and Publishing Industry

1404.1 The requirements of 40 C.F.R. part 63, subpart KK (40 C.F.R. §§ 63.820 – 63.839, table 1 to subpart KK of part 63, and appendix A to subpart KK of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”

1404.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart KK, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1404

20 DCMR § 1405 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR PUBLICLY OWNED TREATMENT WORKS

1405.1 The requirements of 40 C.F.R. part 63, subpart VVV (40 C.F.R. §§ 63.1580 – 63.1595.), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”

1405.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart VVV, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1405

20 DCMR § 1406 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES

1406.1 The requirements of 40 C.F.R. 63, subpart ZZZZ (40 C.F.R. §§ 63.6580 – 63.6635 and 63.6645 – 63.6675, tables 1a-1b, tables 2a-2d and, tables 3-8 to subpart ZZZZ of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.” In addition, emergency stationary RICE shall not be permitted to participate in demand response or peak shaving programs pursuant to Subsection 1406.2.

1406.2 The requirements of 40 C.F.R. § 63.6640, as amended, together with the terms used and defined, are hereby adopted by reference, except that:

(a) The following language shall not be adopted from 40 C.F.R. § 63.6640(f): “emergency demand response,”;

(b) The language from 40 C.F.R. §§ 63.6640(f)(2)(ii) shall not be adopted;

(d) The following language from 63.6640(f)(4) shall not be adopted: “and emergency demand response” and “Except as provided in paragraphs 4(f)(i) and 4(f)(ii) of this section,” ;

(e) The language from 40 C.F.R. §§ 63.6640(f)(4)(i)-(ii) shall not be adopted; and

(f) The word “Administrator” as used in the C.F.R. sections shall be taken to mean Director of the Department of Energy and Environment.

1406.3 Any violation of any of the individual requirements of 40 C.F.R. 63, subpart ZZZZ or Subsections 1406.1 through 1406.2 of this chapter, shall a constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1406

20 DCMR § 1407 EMISSION STANDARDS FOR HOSPITAL AND OTHER ETHYLENE OXIDE STERILIZERS

1407.1 The requirements of 40 C.F.R. part 63, subpart O (40 C.F.R. §§ 63.360 – 63.368), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”

1407.2 The requirements of 40 C.F.R. part 63, subpart WWWWW (40 C.F.R. §§ 63.10382 – 63.10448, and table 1 to subpart WWWWW of part 63), as in effect on July 1, 2011, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment”.

1407.3 Any violation of any of the individual requirements of 40 C.F.R. part 63, subparts O or WWWWW, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1407

20 DCMR § 1408 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR GASOLINE DISPENSING FACILITIES

1408.1 The requirements of 40 C.F.R. part 63, subpart CCCCCC (40 C.F.R. §§ 63.11110 – 63.11132, tables 1-3 to subpart CCCCCC of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”

1408.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart CCCCCC, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1408

20 DCMR § 1409 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR PAINT STRIPPING AND MISCELLANEOUS SURFACE COATING OPERATIONS AT AREA SOURCES

1409.1 The requirements of 40 C.F.R. part 63, subpart HHHHHH (40 C.F.R. §§ 63.11169 – 63.11178, and table 1 to subpart HHHHHH of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”

1409.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart HHHHHH, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1409

20 DCMR § 1410 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR Industrial, Commercial, and Institutional Boilers

1410.1 The requirements of 40 C.F.R. part 63, subpart JJJJJJ (40 C.F.R. §§ 63.11193 – 63.11237, and tables 1-8 to subpart JJJJJJ of part 63), as amended, and 40 C.F.R. part 63, subpart DDDDD (40 C.F.R. §§ 63.7480 – 63.7575, tables 1-10 to subpart DDDDD, and appendix A to subpart DDDDD), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”

1410.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart JJJJJJ and 40 C.F.R. part 63, subpart DDDDD, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1410

20 DCMR § 1411 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA SOURCE PLATING AND POLISHING OPERATIONS

1411.1 The requirements of 40 C.F.R. part 63, subpart WWWWWW (40 C.F.R. §§ 63.11504 – 63.11513, and table 1 to subpart WWWWWW of part 63), as amended, together with the terms used and defined, are hereby adopted by reference, except that the word “Administrator” as used in the C.F.R. section shall be taken to mean “Director of the Department of Energy and Environment.”

1411.2 Any violation of any of the individual requirements of 40 C.F.R. part 63, subpart WWWWWW, shall constitute a separate offense for each and every day of the violation(s) of each and every requirement for the purposes of applying the penalty provisions in 20 DCMR § 105.

History

SOURCE: Final Rulemaking published at 62 DCR 16111 (December 18, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 1411

20-15 AIR QUALITY - GENERAL AND TRANSPORTATION CONFORMITY

20 DCMR § 1500 GENERAL CONFORMITY – PURPOSE

1500.1 In accordance with §§ 110 and 171-193 (Part D) of the Clean Air Act, 42 U.S.C. §§ 7410 and 7501 et seq., the District of Columbia (District) must develop an air quality State Implementation Plan (SIP) that includes conformity of federal actions. The federal conformity regulations in 40 CFR §§ 93.100 - .160 establish standards and procedures to follow when evaluating the conformity of federal projects to all applicable implementation plans.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3133 (April 24, 2009).

20 DCMR § 1501 GENERAL CONFORMITY – REQUIREMENTS

1501.1 The requirements of 40 CFR §§ 93.150 - .160 (Subpart B), as amended, are hereby adopted by reference for purposes of determining conformity of federal actions to state or federal implementation plans.

1501.2 This rule only applies when the District of Columbia is designated as a nonattainment or maintenance area under the federal Clean Air Act, 42 U.S.C. §§ 7407d and 7407d3E.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3133 (April 24, 2009).

20 DCMR § 1502 TRANSPORTATION CONFORMITY – PURPOSE

1502.1 In accordance with §§ 110 and 171-193 (Part D) of the Clean Air Act, 42 U.S.C. §§ 7410 and 7501 et seq., the District must develop an air quality SIP that includes conformity of transportation plans, programs, and projects funded or approved by the United States Department of Transportation; the metropolitan planning organization; the Federal Aid Highway Act of 1962, as amended, 23 U.S.C. § 134 et seq.; or the federal transit laws, 49 U.S.C. § 5303 et seq.

1502.2 In accordance with 40 CFR §§ 51.390 and 93.100 - .160, the District must periodically revise the air quality SIP to address transportation conformity.

1502.3 Information that the District submits to the MPO for purposes of seeking a transportation conformity determination shall demonstrate that the total emissions projected for a plan or program are within the emissions limits established by the SIP, and that transportation control measures (TCMs) included in United States Environmental Protection Agency-approved SIPs are implemented in a timely fashion.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3133 (April 24, 2009).

20 DCMR § 1503 TRANSPORTATION CONFORMITY – CONSULTATION PROCESS

1503.1 The Metropolitan Planning Organization (MPO), Regional Planning Organization (RPO), the District Department of the Environment (DDOE or the Department), and the District Department of Transportation (DDOT) shall comply with the procedures in this chapter governing interagency consultation, conflict resolution, and public consultation with each other and with divisional or regional offices of the United States Environmental Protection Agency (EPA), Federal Highway Administration (FHWA), and Federal Transit Administration (FTA) on the development of:

(a) Control strategy implementation and maintenance plan revisions;

(b) The list of transportation control measures (TCMs) in applicable implementation plans;

(d) Transportation plans;

(e) Transportation improvement programs (TIPs); and

(f) Associated conformity determinations required by this chapter.

1503.2 An agency may not participate in the consultation process unless it is identified in this chapter.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3134 (April 24, 2009).

20 DCMR § 1504 TRANSPORTATION CONFORMITY – Interagency Consultation Requirements

1504.1 In accordance with this chapter, representatives of the MPO, RPO, DDOE, and DDOT shall undertake an interagency consultation process with the FHWA, FTA, and EPA on the development of the UPWP, transportation plans, TIPs, SIPs, associated conformity determinations, and any revisions to the plans or programs thereof as follows:

(a) The MPO is the lead agency responsible for preparing an amendment or revision of the UPWP, the transportation plan, or the TIP, and for making conformity determinations;

(b) DDOE is the lead agency responsible for preparing revisions to the SIP, and incorporating TCMs recommended by the MPO and DDOT; and

(c) In the case of metropolitan nonattainment and maintenance areas that have a certified RPO, the RPO is the agency responsible for preparing an air quality plan, and for assuring the adequacy of the interagency consultation process with respect to the development of the proposed air quality plan, and any amendments or revisions to the plan.

1504.2 When serving as lead agency, the MPO, RPO, DDOT, and DDOE have the following responsibilities:

(a) Initiating the applicable consultation process by notifying other participants, convening meetings, preparing summaries, assuring that all relevant documents and information are supplied to all participants in the consultation process in a timely manner, maintaining a written record of the consultation process, and providing final documents and supporting information to each participating agency after approval or adoption;

(b) Enabling regular consultation on major activities (such as the development of a transportation plan, the development of a TIP, any determination of conformity on transportation plans or TIPs, or the development of a SIP), including meetings beginning on a date determined by the lead agency to be adequate to meet the date a final decision is required and continuing at a frequency mutually agreed upon by the affected agencies;

(d) Conferring with all other agencies identified in § 1503.1 with an interest in the planning process, providing all information to those agencies needed for meaningful input, soliciting early and continuing input from those agencies; and

(e) Considering the views of each agency and responding to those views in a timely, substantive written manner, and making the views and written response part of the record of any decision or action.

1504.3 In addition to serving as lead agency pursuant to § 1504.1(a), the MPO is responsible for:

(a) Developing or approving transportation and related socioeconomic data and local planning assumptions, and providing data and assumptions for use in air quality analysis for SIP tracking and conformity of transportation plans, TIPs, and projects;

(b) Providing transportation demand forecasting for development of on-road mobile source emissions inventories by DDOE and DDOT;

(d) In cooperation with DDOT, monitoring regionally significant projects to determine a need for emissions modeling;

(e) In cooperation with DDOT, providing technical and policy input into the development of emissions budgets;

(f) In cooperation with DDOT, consulting with the RPO on emissions analysis for transportation activities which cross the borders of the MPO or nonattainment areas;

(g) In cooperation with DDOT, determining which transportation projects should be considered "regionally significant" for the purpose of regional emission analysis (in addition to those functionally classified as principal arterial roadway or higher classifications, fixed guideway systems, or extensions that offer an alternative to regional highway travel), and which projects should be considered to have a significant change in design concept and scope from the transportation plan or TIP;

(h) In cooperation with DDOT, assuring that plans for construction of regionally significant projects which are not FHWA or FTA funded or approved projects (including projects for which alternative locations, design concept and scope, or the no-build options are still being considered), including all plans by recipients of funds designated under the Federal Aid Highway Act of 1962, as amended, 23 U.S.C. § 134 et seq., or the federal transit laws, 49 U.S.C. § 5303 et seq., are disclosed by the MPO members, and that any changes to those plans are involved in the interagency consultation process with the MPO and DDOT, and the recipients of funds designated under 23 U.S.C. § 134 et seq., or 49 U.S.C § 5303 et seq.;

(i) In cooperation with DDOT, designing, scheduling, and funding research and data collection efforts and model developments in regional transportation, such as household or travel transportation surveys;

(j) In cooperation with DDOT and DDOE, evaluating and choosing each model or models and associated methods and assumptions to be used in regional transportation demand analysis, including vehicle miles traveled (VMT) forecasting;

(k) In cooperation with DDOT and DDOE, evaluating whether projects otherwise exempted from meeting the requirements of 40 CFR § 93.127 should be treated as nonexempt in cases where potential adverse emissions impacts may exist for any reason;

(l) In cooperation with DDOT and DDOE, making a determination as required by 40 CFR § 93.113, whether past obstacles to implementation of TCMs that are behind the schedule established in the applicable implementation plan have been identified and are being overcome, and whether State and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approvals or funding for TCMs, and as part of this consultation, considering whether delays in TCM implementation necessitate revisions to the applicable implementation plan to remove TCM or substitute TCMs or other emission reduction measures;

(m) In cooperation with DDOT and DDOE, determining what forecast of vehicle miles traveled (VMT) to use in establishing or tracking emissions budgets, developing transportation plans, TIPs, or control strategy implementation plan revisions, or making conformity determinations;

(n) In cooperation with DDOT and DDOE, evaluating events which may trigger new conformity determinations in addition to those triggering events established by 40 CFR § 93.104;

(o) In cooperation with DDOT and DDOE, developing assumptions regarding the location and design concept and scope of projects which are disclosed to the MPO as required by this regulation, but whose sponsors have not yet decided these features in sufficient detail to perform the regional emissions analysis according to the requirements of 40 CFR § 93.122, as amended;

(p) In cooperation with DDOT and DDOE, consulting with the FHWA and FTA on timely action on final findings of conformity; and

(q) In cooperation with DDOT and DDOE, obtaining guidance on conformity and the transportation planning process for agencies involved in the interagency consultation process.

1504.4 In addition to serving as lead agency pursuant to § 1504.2, DDOT is responsible for:

(a) Circulating draft and final environmental impact or assessment documents to appropriate agencies;

(b) Convening air quality technical review meetings on specific projects as needed or when requested by other agencies; and

(c) Identifying, as required by 40 CFR § 93.123, projects located at sites in PM2.5 nonattainment areas which will have vehicle and roadway emission and dispersion characteristics which are essentially identical to those sites which have violations verified by monitoring and, therefore, require qualitative or quantitative PM2.5 hot-spot analysis as required by 40 CFR §§ 93.100 - .129 (Part 93, Subpart A), as amended.

1504.5 In addition to serving as lead agency pursuant to § 1504.1(b), DDOE is responsible for:

(a) Developing emissions inventories and budgets;

(b) Tracking attainment of air quality standards and emission factor model updates;

(c) Gaining final approval at the District level for control strategy implementation plan revisions and maintenance plans;

(d) In cooperation with DDOT, evaluating and choosing each model or models and associated methods and assumptions to be used in hot-spot analysis;

(e) In cooperation with DDOT and the MPO, consulting with the EPA on review and approval of updated motor vehicle emissions factors, emission inventories, and budgets;

(f) In cooperation with DDOT and the MPO, obtaining guidance on conformity criteria and procedures for the agencies involved in the interagency consultation process; and

(g) In nonattainment areas where an RPO has been certified, cooperating with the RPO in the development of emissions inventories and budgets, and in the development of regional air quality plans.

1504.6 When not fulfilling the responsibilities of a lead agency, reviewing and commenting as appropriate (including comments in writing) on all proposed decisions and actions in a timely manner, attending consultation and decision meetings, providing input on any area of substantive expertise or responsibility, and providing technical assistance to the lead agency or to the consultation process when requested.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3134 (April 24, 2009).

20 DCMR § 1505 TRANSPORTATION CONFORMITY – Conflict Resolution Associated with Conformity Determinations

1505.1 Unresolved conflicts among District agencies, or between District agencies and the MPO, or among the MPO member jurisdictions, shall be identified by the MPO or agency in writing to the other MPO, DDOE, or DDOT, with copies to the FHWA, FTA, and EPA. The MPO’s or the agency's written notice shall:

(a) Explain the nature of the conflict;

(b) Review options for resolving the conflict;

(d) Explain the consequences of not reaching a resolution; and

(e) Request that comments on the matter be received within two (2) weeks.

1505.2 If the action in § 1505.1 does not result in a resolution of the conflict, one of the following applies:

(a) If the conflict is between the MPO and DDOT, then the parties shall follow the coordination procedures of 40 CFR § 93.105(d);

(b) If the conflict is between the MPO or DDOT and DDOE, and the conflict cannot be resolved by the affected agency heads:

(1) The Director of DDOE may elevate the conflict to the Mayor in accordance with the procedures of subsection 1505.3; or

(2) If the Director of DDOE does not appeal to the Mayor within 14 days as provided in § 1505.3(a), the MPO may proceed with its final conformity determination; and

(c) In the case of interstate nonattainment areas, if the conflict involves agencies outside of the District, Maryland, or Virginia, and the conflict cannot be resolved by the affected agency heads, the conflict may be resolved in a manner mutually agreed to by the parties involved.

1505.3 Appeals to the Mayor by the Director of DDOE under the provisions of § 1505.2(b)(1) shall be in accordance with the following procedures:

(a) The Director of DDOE has 14 calendar days to appeal to the Mayor after the MPO or DDOT has notified the Director of DDOE of the MPO's or DDOT's resolution of the Department's comments;

(b) The notification to the Director of DDOE shall be in writing and shall be hand-delivered;

(c) The 14-day appeal commences when DDOT or MPO has confirmed receipt by the Director of DDOE of the agency's or MPO's resolution of the Department's comments;

(d) The appeal to the Mayor shall contain:

(1) The conformity determination and any supporting documentation;

(2) DDOE's comments on the determination; and

(3) Any response by the MPO or DDOT;

(e) DDOE shall provide a complete appeal package to the MPO and DDOT within 24 hours following the date on which the appeal is filed with the Mayor's Office;

(f) If the Mayor does not concur with the conformity determination, the Mayor may direct revision of the applicable implementation plan, revision of the planned program of projects, revision of the conformity analysis, or any combination of these;

(g) If the Mayor concurs with the conformity determination made by the MPO and DDOT, the MPO and DDOT may proceed with the final conformity determination; and

(h) The Mayor may delegate the Mayor's role in this process, but not to the agency head or staff of the DDOE or DDOT.

1505.4 This regulation does not prevent the District agencies and MPO from making efforts on their own initiative to obtain mutual conflict resolution through conferences or other appropriate means.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3139 (April 24, 2009).

20 DCMR § 1506 TRANSPORTATION CONFORMITY – Public Consultation Procedures

1506.1 In accordance with 40 CFR § 93.105(e), the MPO shall:

(a) Establish a proactive public involvement process which provides reasonable opportunity for review and comment before taking formal action on a conformity determination for all transportation plans and TIPs, consistent with the requirements of 23 CFR § 450.316(a) and (b);

(b) Release information supporting conformity determinations at the beginning of the public comment period; and

(c) Assess and impose reasonable charges for public inspection and copying of such information, consistent with the fee schedule contained in 1 DCMR §408.

1506.2 If the public disagrees with the MPO's decision about whether a project is regionally significant and whether it was modeled properly in the emission analysis supporting a proposed conformity finding for a transportation plan or TIP, a written explanation shall be provided by the MPO upon request by the public.

1506.3 The MPO shall also provide an opportunity for public involvement in conformity determinations for projects when otherwise required by law.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3141 (April 24, 2009).

20 DCMR § 1507 TRANSPORTATION CONFORMITY – Interagency Consultation Procedures

1507.1 The MPO, RPO, DDOT, and the Department may enter into agreements to set forth specific consultation procedures in more detail that are not in conflict with this chapter.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3142 (April 24, 2009).

20 DCMR § 1508 TRANSPORTATION CONFORMITY – procedures for determining regional transportation-related emissions

1508.1 Written commitments to control measures that are not included in the transportation plan and TIP must be obtained prior to a conformity determination and such commitments must be fulfilled.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3142 (April 24, 2009).

20 DCMR § 1509 TRANSPORTATION CONFORMITY – enforceability of design concept and scope and project-level mitigation and control measures

1509.1 Written commitments to mitigation measures must be obtained prior to a positive conformity determination and project sponsors must comply with such commitments.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3142 (April 24, 2009).

20 DCMR § 1599 DEFINITIONS

1599.1 The meanings ascribed to the definitions and abbreviations appearing in 20 DCMR § 199 shall apply to the terms and abbreviations in this chapter. In addition the following terms and phrases used in this chapter shall have the meanings set forth in this section unless the text or context of a particular section, subsection or paragraph provides otherwise.

Ambient Air – that portion of the atmosphere, external to buildings, to which the general public has access.

Applicable implementation plan – as defined in § 302(q) of the Clean Air Act, the portion(s) of the implementation plan, or most recent revision thereof, which has been approved under § 110, or promulgated under § 110(c), and which implements the relevant requirements of the Clean Air Act.

Control strategy implementation plan revision – the implementation plan which contains specific strategies for controlling the emissions of and reducing ambient levels of pollutants in order to satisfy the Clean Air Act requirements for demonstrations of reasonable further progress and attainment, including implementation plan revisions submitted to satisfy: § 172(c); §§ 182(b)(1), (c)(2)(A) and (B); §§ 187(a)(7) and(g); §§ 189(a)(1)(B), (b)(1)(A), and (d); and §§ 192(a) and (b), for nitrogen dioxide; and any other applicable provision of the Clean Air Act requiring a demonstration of reasonable further progress or attainment.

DDOE or the Department – the District Department of the Environment.

DDOT – the District Department of Transportation.

EPA – the United States Environmental Protection Agency.

FHWA – the Federal Highway Administration within the United States Department of Transportation.

FHWA/FTA project – any highway or transit project which is proposed to receive funding assistance and approval through the Federal Aid Highway program or the federal mass transit program, or requires FHWA or FTA approval for some aspect of the project, such as connection to an interstate highway or deviation from applicable design standards on the interstate system.

FTA – the Federal Transit Administration within the United States Department of Transportation.

Highway project – an undertaking to implement or modify a highway facility or highway related program. Such an undertaking consists of all required phases necessary for implementation. For analytical purposes, it must be defined sufficiently to:

(a) Connect logical termini and be of sufficient length to address environmental matters on a broad scope;

(b) Have independent utility or significance, i.e., be usable and be a reasonable expenditure even if no additional transportation improvements in the area are made; and

Maintenance area – any geographic region of the United States previously designated nonattainment under of the § 107 of the Clean Air Act, 42 U.S.C. § 7407, and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan.

Maintenance plan – a revision to the applicable implementation plan, meeting the requirements of the § 175A of the Clean Air Act, 42 U.S.C. § 7505a.

Mayor – the Mayor of the District of Columbia.

MPO or Metropolitan Planning Organization – the organization designated as being responsible, together with the state, for conducting the continuing, cooperative, and comprehensive planning process under 23 U.S.C. § 134 and 49 U.S.C. § 5303. It is the forum for cooperative transportation decision-making. The "National Capital Region Transportation Planning Board (TPB)” is the MPO for the Washington region. The TPB is comprised of: Frederick, Montgomery, and Prince George's counties in Maryland; Arlington, Fairfax, Frederick, Loudoun, and Prince William Counties, and the cities of Alexandria, Fairfax, Falls Church and Manassas in Virginia; and the District of Columbia.

Nonattainment area – any geographic region of the United States which has been designated as nonattainment under § 107 of the Clean Air Act, 42 U.S.C. § 7407, for any pollutant for which a national ambient air quality standard exists.

PM2.5 – particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by the applicable reference method or an equivalent method.

Project – a highway project or transit project.

Regionally significant project – a transportation project (other than an exempt project) that is on a facility which serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc., or transportation terminals) and would normally be included in the modeling of a metropolitan area's transportation network, including at a minimum, all principal arterial highways and all fixed guideway transit facilities that offer an alternative to regional highway travel.

RPO or Regional Planning Organization – the organization certified by the state as being responsible for the preparation of control strategy implementation plan revisions for nonattainment areas under § 174 of the Clean Air Act, 42 U.S.C. § 7504. The organization may include elected officials of local governments in the affected nonattainment area, and representatives of DDOE, DDOT, the MPO for the affected area, and other agencies and organizations that have responsibilities for developing, submitting or implementing any of the plan revisions. It is the forum for cooperative air quality planning decision-making. The RPO for the Washington region is the Metropolitan Washington Air Quality Committee (MWAQC).

State – the District of Columbia.

Statewide transportation improvement program – a staged, multiyear, intermodal program of transportation projects covering the State, which is consistent with the Statewide transportation plan and metropolitan transportation plans, and developed under 23 CFR §§ 450.300 - .338.

Statewide transportation plan – the official intermodal Statewide transportation plan that is developed through the Statewide planning process for the State, under 23 CFR §§ 450.300 -.338.

TCM or transportation control measure – any measure that is specifically identified and committed to in the state implementation plan that is either one of the types listed in § 108 of the Clean Air Act, 42 U.S.C. § 7408(f), or any other measure to reduce emissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or congestion conditions. Vehicle technology-based, fuel-based, and maintenance-based measures which control the emissions from vehicles under fixed traffic conditions are not TCMs for the purposes of this chapter.

TIP or transportation improvement program – a staged, multiyear, intermodal program of transportation projects covering a metropolitan planning area which is consistent with the metropolitan transportation plan, and developed pursuant to 23 CFR §§ 450.300 - .338.

Transit – mass transportation by bus, rail, or other conveyance which provides general or special service to the public on a regular and continuing basis. It does not include school buses or charter or sightseeing services.

Transit project – an undertaking to implement or modify a transit facility or transit related program; purchase transit vehicles or equipment; or provide financial assistance for transit operations. It does not include actions that are solely within the jurisdiction of local transit agencies, such as changes in routes, schedules, or fares. It may consist of several phases. For analytical purposes, it must be defined inclusively enough to:

(a) Connect logical termini and be of sufficient length to address environmental matters on a broad scope;

(b) Have independent utility or independent significance, i.e., be a reasonable expenditure even if no additional transportation improvements in the area are made; and

Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.

Transportation plan – the official intermodal metropolitan transportation plan that is developed through the metropolitan planning process for the metropolitan planning area, developed pursuant to 23 CFR §§ 450.300 - .338.

Transportation project – a highway project or a transit project.

USDOT – the United States Department of Transportation.

History

SOURCE: Notice of Final Rulemaking published at 57 DCR 527 (January 8, 2010), incorporating text of Proposed Rulemaking published at 56 DCR 3132, 3142 (April 24, 2009).

20-21 SMOKING REGULATIONS

20 DCMR § 2100 PURPOSE AND GENERAL PROVISIONS

2100.1 The purpose of this chapter is to regulate tobacco sales and smoking, as required by the District of Columbia Smoking Restriction Act of 1979, as amended, and the Department of Health Functions Clarification Act of 2001, as amended, (the “Acts”).

2100.2 This chapter shall apply to all public places and places of employment and, as of 12:01 A.M. on January 2, 2007, the following:

(a) A brew pub;

(b) A club;

(d) A tavern; and

(e) The bar and bar area of a restaurant.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 6 of the District of Columbia Smoking Restriction Act of 1979, D.C. Law 3-22, as amended by the District of Columbia Smoking Restriction Act of 1979 Amendment Act of 1987, and the Smoking Regulation Amendment Act of 1990, D.C. Code § 6-913 of seq (1995 Repl. Vol.).
SOURCE: As amended by Final Rulemaking published at 39 DCR 5926, 5927 (August 7, 1992); Chapter 15 renumbered as Chapter 21. As amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).

20 DCMR § 2101 PLACE OF EMPLOYMENT AND PUBLIC PLACE SMOKING POLICY

2101.1 Each place of employment and public place shall adopt a smoking policy that is consistent with the requirements of the Acts and this chapter.

2101.2 An employer shall notify each employee, both orally and in writing, of the smoking policy for the place of employment.

2101.3 The employer's smoking policy shall apply to each person in the workplace, including a visitor.

2101.4 An employer shall post the written smoking policy in the place of employment in the same place as the Worker’s Compensation notice or any similar employee notice.

2101.5 An employer shall prohibit smoking in the enclosed area of a place of employment, except as provided in § 2105.

2101.6 An employer may permit smoking in an outdoor area under his or her control, subject to the terms and conditions of any lease or contract between the owner and the tenant.

2101.7 When an employer of an establishment that is a restaurant, tavern, club, brew pub, or nightclub permits smoking in an outdoor area, the employer shall ensure that no area designated for smoking encompasses an area where smoking is prohibited.

2101.8 [Repealed]

History

SOURCE: As amended by Final Rulemaking published at 39 DCR 5926, 5927 (August 7, 1992); as amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).
EDITOR'S NOTE: The Fire Code referred to in this section has been superseded by D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. The construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.C. Law 6-216 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

20 DCMR § 2102 VENTILATION OF SMOKING AREA IN THE WORKPLACE

2102.1 For the purpose of applying the Acts to designated smoking areas permitted because the employer is exempt under D.C. Official Code § 7-743 or has obtained an economic hardship waiver under D.C. Official Code § 7-745, all buildings constructed before August 3, 1991, shall be deemed to be in compliance with the ventilation requirements of the District of Columbia Construction Codes, unless the building has undergone a renovation since August 3, 1991, that required a building permit.

History

SOURCE: As amended by Final Rulemaking published at 39 DCR 5926, 5929 (August 7, 1992); as amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).

20 DCMR § 2103 POSTING OF SIGNS IN PLACES OF EMPLOYMENT AND PUBLIC PLACES

2103.1 The requirements of this section shall supplement the requirements for the posting of warning signs pursuant to DCMR Title 12D, Fire Prevention Code Supplement, and the BOCA National Fire Prevention Code.

2103.2 When smoking is prohibited in a building by the building owner, the owner or the owner's agent shall conspicuously post signs that include the internationally recognized symbol for no smoking and read as follows:

“

NO SMOKING UNDER PENALTY OF LAW. MAXIMUM FINE ONE THOUSAND DOLLARS ($1,000).”

2103.3 When posting signs pursuant to § 2103.2, the building owner, or the owner's agent, shall conspicuously post signs at the entrance of the building, inside each elevator, and inside the building in sufficient number to give notice to the public of the law.

2103.4 If a building owner does not prohibit smoking and a tenant of the building owner permits smoking because it is exempt under D.C. Official Code § 7-743 or has obtained an economic hardship waiver under D.C. Official Code § 7-745, the owner or the owner's agent shall conspicuously post signs that include the internationally recognized smoking symbol and read as follows:

“

NO SMOKING EXCEPT IN SMOKING AREAS. MAXIMUM FINE ONE THOUSAND DOLLARS ($1,000)”.

2103.5 When posting a sign pursuant to § 2103.4 the building owner, or the owner's agent, shall conspicuously post signs at the entrance to the building, inside each elevator, and inside the building in sufficient number to notice to the public of the law.

2103.6 An employer shall conspicuously post one of the following signs in a place of employment:

(a) If the employer is not exempt under D.C. Official Code § 7-743 or has not obtained an economic hardship waiver under D.C. Official Code § 7-745, the employer shall conspicuously post signs that include the internationally recognized no-smoking symbol and read as follows:

“

NO SMOKING UNDER PENALTY OF LAW. MAXIMUM FINE ONE THOUSAND DOLLARS ($1,000).”; or

(b) If the employer is exempt under D.C. Official Code § 7-743 or has obtained an economic hardship waiver under D.C. Official Code § 7-745, the employer shall conspicuously post signs that include the internationally recognized smoking symbol and read as follows:

“

NO SMOKING EXCEPT IN SMOKING AREAS. MAXIMUM FINE ONE THOUSAND DOLLARS ($1,000)”.

2103.7 The internationally recognized smoking and no-smoking symbols required for each of the signs described in this section shall be in a typeface that is at least as large as the largest lettering on the sign.

2103.8 The employer shall post the signs required by § 2103.6 in the following places that are open to or used by employees or the public:

(a) At an entrance to the place of employment; and

(b) On the interior of any non-smoking area so that they are visible to employees and the public.

2103.9 If the employer is exempt under D.C. Official Code § 7-743 or has obtained an economic hardship waiver under D.C. Official Code § 7-745, the employer shall conspicuously post in a designated smoking area a sign that states, in letters not less than three-quarters of an inch (3/4 in.) in height, the following:

“SMOKING IN ACCORDANCE WITH EMPLOYER'S SMOKING POLICY ONLY. SMOKING CAUSES LUNG CANCER, HEART DISEASE, EMPHYSEMA, AND MAY CAUSE FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT IN PREGNANT WOMEN. MAXIMUM FINE ONE THOUSAND DOLLARS ($1,000).”

History

SOURCE: As amended by Final Rulemaking published-Pd at 39 DCR 5926. 5929 (August 7, 1992); as amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).

20 DCMR § 2104 PLACES LICENSED TO SELL TOBACCO PRODUCTS

2104.1 It shall be unlawful for any person to sell, give, or furnish any tobacco products to any person younger than eighteen (18) years of age.

2104.2 Any person who sells any cigarette or other tobacco product who has reasonable cause to believe that a person who attempts to purchase the product is under twenty-five (25) years of age shall require that the purchaser present identification that indicates his or her age.

2104.3 The owner, manager, or other person in charge of any business licensed to sell cigarettes or any tobacco product under D.C. Official Code § 47-2404 (2001), shall conspicuously post signs that state, in letters not less than three-quarters of an inch (3/4 in.) in height, the following:

“NO PERSONS UNDER EIGHTEEN (18) YEARS OF AGE SHALL PURCHASE ANY CIGARETTE OR OTHER TOBACCO PRODUCT. THE UNITED STATES SURGEON GENERAL HAS ISSUED A WARNING THAT SMOKING CAUSES LUNG CANCER, HEART DISEASE, EMPHYSEMA, AND MAY COMPLICATE PREGNANCY. MAXIMUM CRIMINAL FINE ONE THOUSAND DOLLARS ($1,000) AND NINETY (90) DAYS IN JAIL.”

2104.4 The owner, manager, or person in charge shall post the sign required by § 2104.3 at the entrance to the business and on the interior of the business near all points of purchase.

History

SOURCE: As amended by Final Rulemaking published at 39 DCR 5926, 5930 (August 7, 1992); and as amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).

20 DCMR § 2105 EXEMPTIONS

2105.1 The following places shall be exempt from § 2101.5:

(a) A retail store that has as its primary source of revenue the sale of tobacco products and smoking accessories, provided that:

(1) No more than twenty-five percent (25%) of the revenue the store generates is from non-tobacco products; and

(2) The store does not share space with any other establishment;

(b) A tobacco bar;

(1) A restaurant;

(2) A tavern;

(3) A club;

(4) A brew pub; or

(5) A nightclub;

(d) A hotel room or motel room rented to one or more guests;

(e) A medical treatment, research, or nonprofit institution where the activity of smoking is conducted for the purpose of medical research or is an integral part of a smoking cessation program; and

(f) Upon the stage of a theatrical performance, provided that smoking is part of the theatrical production.

2105.2 A place shall not be exempt under § 2505.1 (a), (b), or (e) until it establishes, to the satisfaction of the Director, that it satisfies the revenue requirements to qualify for the exemption or is engaged in an activity that qualifies the place for an exemption. Revenue claimed for this exemption shall be exclusive and distinct and not bundled with some other service, such as a membership fee, or an entry fee, or a non-tobacco product, such as a food item or an alcoholic drink.

2105.3 A place first applying for an exemption under § 2105.2 may receive a conditional certificate of exemption, valid for not longer than ninety (90) days, while its application is pending. To qualify for a conditional certificate of exemption the applicant shall:

(a) Submit a statement that asserts, under penalty of perjury, that it satisfies the revenue requirements or is engaged in an activity that qualifies it for an exemption; and

(b) Promptly supply documentation to support its application and respond to requests for additional information during the period of the conditional certificate.

2105.4 The Director shall deny an application for exemption if the applicant fails to comply with the requirements of § 2105.3. After reviewing the applicant's documentation in support of an application for exemption, the Director shall make a determination, in writing, whether the applicant qualifies for an exemption. If the Director fails to make a determination within ninety (90) days and the applicant has complied with requests for information, the Director shall extend the validity of the conditional certificate for additional thirty (30)-day increments until the Director makes a final determination.

2105.5 If the Director determines that a place qualifies for an exemption after a review of the place's financial records, the Director shall issue a certificate of exemption to that place. The certificate issued under this subsection shall be valid for not longer than three (3) years and shall not be transferable to another location or another owner.

2105.6 The Director may perform an annual audit of the financial records of a place that holds a certificate of exemption. If, after an audit, the Director determines that a place does not satisfy the requirements for an exemption, the Director shall revoke the certificate of exemption. The Director may revoke the certificate of exemption if the tobacco bar or retail store fails to provide documentation to show that it continues to satisfy the revenue requirements for the exemption.

History

SOURCE: As amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).

20 DCMR § 2106 ECONOMIC HARDSHIP WAIVER

2106.1 The Director may, after May 1, 2007, grant a place of employment or a public place an economic hardship waiver from the requirements of this chapter provided that:

(a) The place of employment or public place was in existence on or before January 1, 2007;

(b) The place of employment or public place has not been found liable for two (2) or more notices of violation for violations of the Acts or this chapter during the previous one (1) year;

(1) By showing a reduction in sales tax for food and beverages of fifteen percent (15%) or more for three (3) consecutive months after January 1, 2007, as compared to the same three (3) month period during the previous two (2) years before January 1, 2007;

(2) If the place of employment or public place has not operated for a period of two (2) years before January 1, 2007, by showing a reduction in sales tax for food and beverages of fifteen percent (15 %) or more for a period of three (3) consecutive months during which the place of employment or public place has operated smoke-free, as compared to the three (3) month period immediately preceding January 1, 2007; and

(d) The place of employment or public place demonstrates one or more of the following:

(1) Sales revenues that fail to reach reasonably expected or anticipated levels for three (3) consecutive months after January 1, 2007 as compared to the same three (3) month period during the previous two (2) years before January 1, 2007;

(2) Significantly reduced staffing levels for three (3) consecutive months after January 1, 2007, as compared to the same three (3) month period during the previous two (2) years before January 1, 2007;

(3) Significantly reduced food and materials purchases for three (3) consecutive months after January 1, 2007, as compared to the same three (3) month period during the previous two (2) years before January 1, 2007; or

(4) Significantly reduced alcohol sales for three (3) consecutive months after January 1, 2007, as compared to the same three (3) month period during the previous two (2) years before January 1, 2007.

2106.2 To receive an economic hardship waiver a place of employment or a public place shall submit an economic hardship waiver application to the Director. In not more than ten (10) business days the Director shall return an incomplete application and inform the applicant of the information necessary to complete the application.

2106.3 The Director shall make a final determination regarding the application, in writing, not later than sixty (60) days after receiving an application. The decision shall state the reasons for granting or denying the application.

2106.4 An application for an economic hardship waiver shall include the following information:

(a) The specific provision from which a place of employment or public place is seeking a waiver;

(b) A description of the efforts the place of employment or public place has made to operate profitably while smoke-free;

(c) Exact copies of District sales tax statements for each three (3) month period used to demonstrate a reduction in sales tax receipts;

(d) Evidence that demonstrates that the place of employment or public place incurred a reduction in revenue because of eliminating smoking instead of other factors including evidence that the place of employment or public place:

(1) Operated during the same number of hours;

(2) Was open the same number of days;

(3) Was open on the same high business days;

(4) Sold food and beverages from a menu similar in selection and cost;

(5) Maintained the same management and staffing strategy;

(6) Did not fail to respond to new competitors who entered the market; and

(7) Maintained a similar or enhanced marketing strategy; and

(e) A description of the actions the place of employment or public place plans to take to minimize the effects of smoking on non-smoking patrons or visitors as a result of a waiver.

2106.5 If the Director grants a waiver under this section the Director shall require that the area where smoking is permitted shall not exceed twenty-five percent (25 %) of the total area if the place of employment or public place is a restaurant. The Director may require additional conditions or restrictions that may be necessary to minimize the adverse effects of smoking consistent with the general purpose of D.C. Official Code § 7-741 et seq. including the following:

(a) Prohibiting smoking near restrooms or commonly used pathways and entrances;

(b) Requiring physical barriers or ventilation systems, or both, between smoking and non-smoking areas;

(d) Taking additional measures to minimize employee exposure to secondhand smoke.

2106.6 The Director may grant a waiver for a period not to exceed three (3) years. The waiver shall be:

(a) For a specific location and not transferable;

(b) For a specific applicant and not transferable to a new owner; and

2106.7 Each tobacco bar and retail store that holds an economic hardship waiver shall provide to the Director every twelve (12) months from the date of the waiver documentation that it continues to satisfy the minimum revenue requirements to maintain the waiver. The Director may revoke the waiver if the tobacco bar or retail store fails to provide documentation to show that it continues to satisfy the revenue requirements for the waiver.

2106.8 The Director shall conduct periodic inspections to ensure that the holder of a waiver complies with the requirements of this section or any conditions or restrictions contained in the waiver.

2106.9 The Director may suspend or revoke a waiver upon finding that the holder of a waiver has violated a condition or restriction or has failed to comply with the requirements of this chapter or the Acts that have not been waived.

2106.10 The Director may also grant an event-specific waiver based on economic hardship to a hotel, motel, or convention hall for an event that was scheduled before April 4, 2006. To qualify for an event-specific waiver a hotel, motel, or convention hall shall provide proof to the Director that it entered into a contract or other binding agreement on or before April 4, 2006, for an event scheduled to take place after January 1, 2007. An event shall not be eligible for an event-specific waiver unless it takes place in enclosed area that is separate from other areas accessible to the general public. The Director shall require additional conditions or restrictions that may be necessary to minimize the adverse effects of smoking.

History

SOURCE: As amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).

20 DCMR § 2107 DISTRIBUTION OF FREE CIGARETTES

2107.1 No person, agent, or employee of any person shall, in the course of doing business, distribute any free cigarettes or other tobacco products to any person on any public street, public sidewalk, public park, playground, in a public building, other public property, or private property open to the public.

2107.2 A person may distribute free cigarettes or other tobacco products only under the following circumstances:

(a) At a tobacco store to persons eighteen (18) years of age or older,

(b) At a convention to persons eighteen (18) years of age or older, or

History

SOURCE: As amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).

20 DCMR § 2108 PENALTIES AND FINES

2108.1 Any person who fails to comply with any of the applicable provisions of this chapter shall, upon conviction, be punished as follows:

(a) Any person smoking in a posted "NO SMOKING" area, disfiguring or removing a “NO SMOKING” sign, or failing to post warning signs as set forth in this Chapter shall, upon conviction, be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand ($1,000) for a first offense; and not less than two hundred dollars ($200) nor a more than one thousand dollars ($1,000) for each subsequent offense;

(b) Each person found covering, removing, disfiguring, or otherwise destroying any sign posted under the provisions of this Chapter shall, upon conviction, be fined five hundred dollars ($500).

(c) Each person who fails to post or maintain "No Smoking" signs as required by this chapter shall be punished by a fine not to exceed five hundred dollars ($500). Each day that the violation continues shall constitute a separate offense and the penalties provided in this paragraph shall be applicable to each offense.

(d) Each person who fails to warn a smoker observed to be smoking in violation of the Acts and as required by this chapter, shall be punished by a fine not to exceed five hundred dollars ($500). Each day that the violation continues shall constitute a separate offense and the penalties provided in this paragraph shall be applicable to each offense.

2108.2 Hearings or adjudication of violations under this chapter shall be conducted pursuant to D.C. Official Code § 2-1801.01 et seq., (2001).

2108.3 Pursuant to D.C. Official Code § 22-1320(c), any person licensed to sell tobacco products who violates § 2104.1 or 2104.2 of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars ($500) or less than one hundred dollars ($100), or imprisoned not more than thirty (30) days, or both, for the first offense.

2108.4 Pursuant to D.C. Official Code § 22-1320(c), any person who commits a subsequent violation of § 2104.1 or 2104.2 shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or less than five hundred dollars ($500), or imprisoned not more than ninety (90) days, or both.

2108.5 Pursuant to D.C. Official Code § 7-1731(b), any person who violates § 2107.1 of this chapter shall, upon conviction, be fined not less than two hundred fifty dollars ($250) for each violation.

History

SOURCE: As amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007).

20 DCMR § 2199 DEFINITIONS

Acts - D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979 (D.C. Official Code § 7-1701 et seq.) and D.C. Law 16-90, the Department of Health Functions Clarification Amendment Act of 2006 (D.C. Official Code § 7-741 et seq.).

Bar area of a restaurant - the area immediately adjacent to the bar in a restaurant where there are no dining tables or that is primarily the area where persons of legal drinking age consume alcoholic beverages purchased at the bar.

Director - the Director of the Department of Health.

Employee - the license holder, person in charge, person having supervisory or management duties, person on the payroll, volunteer, or person performing work under contractual agreement at a place of employment.

Enclosed area - the space between a floor and ceiling that is enclosed on all sides by solid walls, windows, or doors, exclusive of doorways, that extend from the floor to the ceiling, regardless of whether windows or doors are open.

Existing building - a building that was built, under construction, or had a building permit issued on or before August 3, 1991.

Place of employment - an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, and vehicles owned by a private employer, if the vehicle is used by more than one person. This term does not apply to a private residence unless it is used as a child development center, adult day care facility, or health care facility.

Public place - an enclosed area to which the public is invited or in which the public is permitted, including banks, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, nightclubs, retail service establishments, retail stores, shopping malls, sports arenas, taverns, theaters, and waiting rooms. This term does not apply to a private residence unless it is used as a child development center, adult day care facility, or health care facility.

Review - a critical evaluation, examination, or study on a retrospective basis that may or may not include a formal examination of accounting records with applicable audit standards.

Smoking – has the same definition as stated in Section 4915 of the Department of Health Functions Clarification Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-741.01 (2018 Repl.)).

Tobacco bar - a restaurant, tavern, brew pub, club, or nightclub that generates ten percent (10%) or more of its total annual revenue from the on-site sale of tobacco products, excluding sales from vending machines or the rental of on-site humidors.

Tobacco product - any product made from or containing any percentage of the dried processed leaves of the plant genus nicotiana or any byproduct thereof used primarily for the purpose of smoking.

History

SOURCE: Final Rulemaking published at 39 DCR 5926, 5931 (August 7, 1992); as amended by Final Rulemaking published at 54 DCR 10623 (November 2, 2007); as amended by Final Rulemaking published at 68 DCR 5892 (June 4, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 2199

20-22 PESTICIDE CONTROL - GENERAL RULES

20 DCMR § 2200 GENERAL PROVISIONS

GENERAL PROVISIONS

2200.1 The purpose of the Pesticide Operation Regulations, Chapters 22 through 25 of this title, is to conform the laws of the District of Columbia with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), effective April 26, 2010, as amended (7 U.S.C. §§ 136 et seq.), and the implementing regulations, and to establish a regulatory process in the District of Columbia as provided for in the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.).

2200.2 The Pesticide Operation Regulations, Chapters 22 through 25 of this title, apply to all pesticide operations in the District, including federal pesticide operations, to the full extent permitted by FIFRA.

History

SOURCE: Section 4(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2200

20 DCMR § 2201 GENERAL REQUIREMENTS FOR PESTICIDES

2201.1 Pesticides shall be used in strict accordance with the manufacturer’s labeling directions, and in compliance with District and federal laws and regulations.

2201.2 A pesticide operator shall maintain pesticide equipment or application apparatus in sound mechanical condition and a condition capable of satisfactory operation.

2201.3 A pesticide distributed in the District shall be distributed in the registrant’s or the manufacturer’s unbroken immediate container.

2201.4 Pesticide containers shall have a label containing the information required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) securely affixed to the outside.

2201.5 Unless the pesticide label indicates otherwise, no person shall use pesticide containers for any purposes other than containing the original labeled pesticide product.

2201.6 Each pesticide operator shall make available, and each pesticide applicator shall use, effective anti-siphon devices or back-flow preventers on all water-supply hoses to protect the water supply from pesticide contamination when drawing water from a water source during pesticide application or mixing.

2201.7 No person shall use pesticides in a manner that is harmful to human health, non-target organisms, or the environment.

2201.8 No person shall apply pesticides by air or ground equipment when the wind velocity is reasonably likely to cause the pesticide to drift beyond the target area.

2201.9 No person shall display or offer for sale pesticides in leaking, broken, corroded, or otherwise damaged containers, or with damaged or obscure labels.

2201.10 No person shall detach, alter, deface, or destroy, wholly or in part, any label or labeling prescribed by FIFRA.

2201.11 No person shall apply pesticides without a copy of the label available for inspection at the time and place of application.

2201.12 The inspection of premises for the purpose of determining the presence of pests shall only be performed by licensed pesticide applicators certified in the category of “Industrial, Institutional, Structural, and Health Related Pest Control,” as described in § 2301.5.

2201.13 The inspection of premises for the purpose of issuing wood infestation certificates shall only be performed by licensed pesticide applicators certified in the subcategory of “Wood Destroying Organisms,” as described in § 2301.5(b).

2201.14 Nothing in these regulations shall be construed to relieve any person from liability for any damages to the person or property of another, caused by the use of pesticides even though the use conforms to regulations prescribed by the Department.

History

SOURCE: Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2201

20 DCMR § 2202 PESTICIDE REGISTRATION

2202.1 Except as provided in § 2202.2, any pesticide used, manufactured, distributed, sold, shipped, or applied in the District, shall be registered with the Department, including, but not limited to, the following:

(a) Pesticides that are registered with the United States Environmental Protection Agency (EPA) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);

(b) Pesticides that are exempt from registration with the EPA under FIFRA; and

(c) Any pesticide that the Department determines should be registered to protect public health, safety, or welfare, or the environment.

2202.2 Registration of a pesticide under § 2202.1 shall not be required if:

(a) A pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide that is registered under the provisions of this chapter; or

(b) A pesticide is distributed, used, or applied under the provisions of an experimental use permit issued by the EPA, provided that written notification and a copy of the experimental use permit is provided to the Department.

2202.3 If an emergency condition so dictates, the Director may petition the EPA Administrator for an exemption from any provisions of FIFRA.

History

SOURCE: Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2202

20 DCMR § 2203 PROCEDURES FOR PESTICIDE REGISTRATION

2203.1 An applicant for registration of a pesticide in the District shall file with the Department, on a form prescribed by the Department, a statement that includes the following information:

(a) The name and address of the applicant and any other person whose name will appear on the label;

(b) The name of the pesticide;

(c) A complete copy of the labeling accompanying the pesticide, a statement of all claims to be made for it, and any directions for use;

(d) The use classification of the pesticide, as established under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);

(e) If an agent is acting on behalf of the company registering a pesticide for distribution, sale, or use in the District, a letter of authorization designating the authorized agent;

(f) A copy of the Notice of Supplemental Distribution of a Registered Pesticide Product (Environmental Protection Agency (EPA) Form 8750-5), along with the distributor’s label of the EPA-registered product that is being distributed in the District; and

(g) Any other necessary information required for completion of the application form for registration, as specified by the Department.

2203.2 If requested by the Department, the applicant shall submit a full description of every test conducted with respect to the pesticide, and the results of the tests upon which any claim is based.

2203.3 If the Department determines it necessary for approval of a pesticide registration, the Department may require the submission of the complete formula for any pesticide, including the active and inert ingredients.

2203.4 No person shall use or reveal for that person’s own advantage any information relating to the formula of pesticides acquired by the authority of this section, except that this provision shall not be deemed to prohibit the disclosure of information to the Department, to the proper officials or employees of the District, to courts of competent jurisdiction in response to a subpoena, to physicians or pharmacists or other qualified persons for use in the preparation of antidotes, or to any other person when the Department determines that disclosure is necessary to protect the public health, safety, or welfare, or the environment.

2203.5 An applicant shall pay an annual registration fee for each pesticide registered by the applicant, as specified in § 2518.

2203.6 Each registration approved by the Department and in effect on December 31st, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until the Department notifies the applicant that the registration has been renewed or denied.

2203.7 In renewing a registration, the Department shall only require each applicant to provide information that is different from the information furnished when the pesticide was originally registered or last reregistered in the District.

History

SOURCE: Section 6 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2203

20 DCMR § 2204 DENIAL, SUSPENSION, AND REVOCATION OF PESTICIDE REGISTRATION

2204.1 If the Department determines that a pesticide registered under the Department’s authority does not warrant the proposed claims for it, or if the pesticide and its labeling and other supporting material do not comply with the pesticide provisions of this title, the Department shall notify the applicant of the manner in which the pesticide, labeling, or other supporting material fail to comply with the provisions of this title so as to afford the applicant an opportunity to make the necessary corrections.

2204.2 If, upon receipt of the notice required by § 2204.1, the applicant does not make the required changes within thirty (30) days, the Department may deny the application for registration of the pesticide.

2204.3 The Department may deny, suspend, or revoke the registration of any pesticide if the Department determines any of the following conditions exist:

(a) The pesticide, its labeling, or other material required to be submitted do not comply with the Pesticide Operation Regulations, Chapters 22 through 25 of this title; or

(b) The denial, suspension, or revocation is necessary to prevent unreasonable adverse effects on public health, safety, or welfare, or the environment.

2204.4 If the Department determines that there is an imminent hazard, the Department may immediately suspend a pesticide registration in the District without prior compliance with §§ 2204.5 or 2204.6.

2204.5 The Department shall notify the registrant in writing with the reasons for any proposed denial, suspension, or revocation of a pesticide registration in the District.

2204.6 Pursuant to § 2504, the registrant shall have fifteen (15) calendar days from the date of service of the notice to deny, suspend, or revoke registration to request a hearing with the Office of Administrative Hearings (OAH) to show cause why registration should not be denied, suspended, or revoked.

2204.7 An appeal to OAH pursuant to this section shall be subject to the requirements of § 2504.

History

SOURCE: Section 5 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044, (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204, 2207 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2204

20 DCMR § 2205 CLASSIFICATION OF PESTICIDES

2205.1 For the purposes of classifying pesticides as District restricted-use or non-essential in this section, the term “pesticide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, but does not including the following:

(a) Fertilizers and other plant supplements whose primary purpose is to provide nutrition to plant-life and not to repel, treat, or control pests;

(b) Pesticides exempt under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and its implementing regulations, specifically those pesticides exempted under Section 25(b) of FIFRA and 40 C.F.R. § 152.25(f), subject to reclassification as set forth in Section 3 of FIFRA;

(c) Individual repellents, personalized devices, and other agents not necessarily classified under FIFRA but employed by individuals for protection from pests;

(d) Sanitizers, disinfectants, and antimicrobial agents; and

(e) Other chemicals, devices, or substances excluded by the Department in regulations.

2205.2 For the purposes of classifying pesticides as District restricted-use or non-essential in this section, the term “pest management” means the control of plants, insects, herbs, or rodents with chemical agents deployed as pesticides.

2205.3 The Department shall create and maintain lists of pesticides classified as District restricted-use or non-essential.

2205.4 The Department shall publish on the Department’s website the lists of pesticides classified as District restricted-use or non-essential.

2205.5 The Department shall designate as District restricted-use any pesticide that:

(a) When used as directed or in accordance with commonly recognized practice requires additional restrictions for that use to prevent a hazard to human health, the environment, or property; or

(b) The Department determines presents a significant, scientifically sound basis justifying that reclassification; and

(c) For purposes of this subsection, “scientifically sound basis” shall include conclusions of published, peer-reviewed studies conducted by experts in their respective fields, EPA guidance documents, and other similar materials.

2205.6 The Department shall designate as non-essential any pesticide that is not used as part of critical pest management in the District, as follows:

(a) Critical pest management shall include controlling:

(1) Plants that are poisonous to touch or are likely to cause damage to a structure or infrastructure; or

(2) Insects that bite or sting, are venomous or disease-carrying, or are likely to cause damage to a structure or infrastructure.

(b) The Department shall presume that a pesticide should be classified as essential if it is intended primarily for use on or for:

(1) Agriculture;

(2) Forests;

(3) Promotion of public health or safety;

(4) Protection of structures or infrastructure;

(5) Protection of endangered, threatened or other similarly situated plant and animal species;

(6) Management of invasive plant species; or

(7) Management of invasive insect species.

2205.7 The Department shall offer an opportunity for public comment before classifying as District restricted-use any pesticide that is not designated as restricted-use under 40 C.F.R. § 152.175 or adding restrictions to a restricted-use pesticide designated under 40 C.F.R. § 152.175.

2205.8 The Department shall publish notice in the D.C. Register regarding the proposed reclassification of a particular pesticide and provide a comment period of at least thirty (30) days.

2205.9 The Department shall hold a public hearing if significant public interest is expressed during the comment period specified in § 2205.8.

History

SOURCE: Section 9 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2205

20 DCMR § 2206 DISTRICT RESTRICTED-USE PESTICIDES

2206.1 The following pesticides are classified by the Department as District restricted-use:

(a) Products classified by the United States Environmental Protection Agency (EPA) as restricted-use pesticides under Section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), effective April 26, 1910, as amended (7 U.S.C. § 136a(d)), as enumerated in 40 C.F.R. § l52.175; and

(b) [RESERVED].

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044, (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2206

20 DCMR § 2207 NON-ESSENTIAL PESTICIDES

2207.1 The following pesticides are classified by the Department as non-essential:

(a) [RESERVED].

History

SOURCE: Section 18 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2207

20 DCMR § 2208 PROHIBITED AND RESTRICTED USES

2208.1 No person shall apply District restricted-use pesticides to schools, child-occupied facilities, waterbody-contingent property, or District property, except as provided in § 2209.

2208.2 No person shall apply non-essential pesticides to schools, child-occupied facilities, waterbody-contingent property, or District property, except as provided in § 2209.

History

SOURCE: Section 2(u) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2208

20 DCMR § 2209 PROHIBITED AND RESTRICTED USES: EXEMPTIONS

2209.1 The provisions of § 2208 shall not apply to the use of a pesticide for the purpose of improving or maintaining water quality at:

(a) Drinking water treatment plants;

(b) Wastewater treatment plants;

(d) Related collection, distribution, and treatment facilities.

2209.2 A person may apply to the Department for an exemption from § 2208.1 for a District restricted-use pesticide. The Department may grant an exemption to apply a District restricted-use pesticide on property prohibited under § 2208.1 if the applicant demonstrates:

(a) That integrated pest management practices have been utilized prior to application for an exemption;

(b) That the applicant has made a good-faith effort to seek effective and economical alternatives to the District restricted-use pesticides, and they are unavailable;

(d) That use of the District restricted-use pesticide on the property prohibited under § 2208.1 is linked to a need to protect health, the environment, or property.

2209.3 An application for exemption under § 2209.2 shall be made in writing to the Department and signed by the person requesting the exemption under penalty of perjury.

2209.4 A person may apply to the Department for an exemption from § 2208.2 for a non-essential pesticide. The Department may grant an exemption to apply a non-essential pesticide on property prohibited under § 2208.2, if the applicant demonstrates:

(a) That integrated pest management practices have been utilized prior to application for an exemption;

(b) That effective alternatives are unavailable;

(d) That use of the non-essential pesticide is critical and necessary to protect human health or prevent imminent and significant economic damage.

2209.5 An application for exemption under § 2209.4 shall be made in writing to the Department and signed by the person requesting the exemption under penalty of perjury.

2209.6 A person may apply to the Department for an emergency exemption in the event that an emergency pest outbreak poses an immediate threat to public health or would result in significant economic damage because of failure to use a pesticide prohibited or restricted by § 2208. The Department may grant an emergency exemption to apply pesticides prohibited under § 2208, after the application, if the applicant demonstrates:

(a) An urgent, non-routine situation that requires the use of pesticides where:

(1) No effective pesticides are available that are registered for use to control the pest under the conditions of the emergency;

(2) No economically or environmentally feasible practices which provide adequate control are available; and

(3) The situation:

(i) Involves the introduction or dissemination of a new pest;

(ii) Will cause significant economic loss due to an outbreak or an expected outbreak of a pest; or

(iii) Presents significant risks to human health, endangered or threatened species, beneficial organisms, or the environment.

2209.7 If a person makes an emergency application of pesticides under this section under a condition not qualifying as an emergency under § 2209.6(a), as determined by the Department, then the Department may initiate an action to suspend, modify, or revoke the certification of the person in accordance with § 2507.

2209.8 The Department may require a person who applies for an exemption under this section for the same property on more than one (1) occasion to attend a District-approved integrated pest management course.

2209.9 Upon receiving notice from the Department that a person is required to take a District-approved integrated pest management course as provided in § 2209.8, the person shall complete the required course and submit proof of completion to the Department within one (1) year.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 55 DCR 9839 (September 19, 2008); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2209

20 DCMR § 2210 Reduced-Risk Pesticides and Methods of Pest Control

2210.1 For the purposes of customer notification required by § 2211, the following pesticides are identified by the Department as reduced-risk:

(a) Products classified by the United States Environmental Protection Agency (EPA) as exempt from regulation under Section 25(b) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), effective April 26, 1910 (7 U.S.C. § 136w(b)), when used according to District-approved label instructions, because the products meet all of the criteria set forth in 40 C.F.R. § 152.25, contain only the active ingredients listed in 40 C.F.R. § l52.25(f)(l), as amended, and include only the inert ingredients described in 40 C.F.R. § 152.25(f)(2) and listed in the most current List 4A (4A Inerts List).

(b) Biopesticide active ingredients in products registered by EPA under FIFRA and components of plant-incorporated protectants (PIPs) registered by EPA under FIFRA, when used according to EPA-approved label directions;

(c) The following compounds, when used according to EPA label directions: boric acid, disodium octaborate tetrahydrate, silica gels, and diatomaceous earth; and

(d) Non-volatile pesticides in tamper resistant containers.

2210.2 For the purposes of customer notification required by § 2211, the following methods for applying pesticides, when the pesticides are used according to EPA-approved label directions, are identified by the Department as reduced-risk:

(a) Pesticides used for the purpose of rodent control that are placed directly into rodent burrows or placed in areas inaccessible to children or pets; and

(b) Pesticides in the form of a non-liquid gel used for the purpose of insect control that are placed in areas inaccessible to children or pets.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2210

20 DCMR § 2211 NOTIFICATION

2211.1 When a customer enters into a contract for pesticide application services with a pesticide operator, the pesticide operator shall provide the customer with the following written information prior to applying treatment:

(a) The name of the pesticide operator;

(b) The name of the pesticide applicator if different from that of the operator;

(d) The telephone number of the pesticide operator;

(e) The National Capital Poison Control Center hotline number;

(f) The re-entry period specified on the pesticide label, if applicable;

(g) The common name of the pest to be controlled;

(h) The common name of pesticide or active ingredient to be applied;

(i) At the request of the customer, both or either:

(1) An original or legible copy of the current pesticide product label; or

(2) A Safety Data Sheet; and

(j) The following statement: “District of Columbia law requires that you be given the following information:

Notice of Pesticide Application:

CAUTION -- PESTICIDES MAY CONTAIN TOXIC CHEMICALS. Companies that apply pesticides are licensed and regulated by the Department of Energy and Environment (DOEE). The United States Environmental Protection Agency and DOEE approve pesticides for use. At your request, the company conducting your pest control will provide you with either the Safety Data Sheet(s) or the pesticide label(s), or both, which provide further information about the approved uses of and recommended precautions for the pesticide being applied on your property. Neither of these documents is guaranteed to list every danger associated with a pesticide. DOEE maintains a list of pesticides that present a reduced risk to humans and the environment and encourages the use of such pesticides whenever possible. The pesticide company:

[ ] HAS

[ ] HAS NOT

chosen to apply reduced-risk pesticide(s). The District of Columbia government encourages the use of non-chemical and reduced-risk methods of pest control by residents and commercial pest control companies. Even when using reduced-risk pesticides, residents should familiarize themselves with safety information for pesticide products and should avoid exposure to pesticides.”

2211.2 In addition to the information required in § 2211.1, the pesticide operator may provide the customer with additional product information, such as a United States Environmental Protection Agency fact sheet on the product, or additional labeling information provided by the product manufacturer or registrant.

2211.3 Upon a customer's request at least forty-eight (48) hours prior to an application, the pesticide operator shall provide the customer with advance notice of a pesticide application, including the information required under § 2211.1, no less than twenty-four (24) hours prior to the application.

2211.4 When pesticide is to be applied on a multi-unit property, the pesticide operator shall provide the information listed in § 2211.1 to the customer at least forty-eight (48) hours before the pesticide is to be applied.

2211.5 At least twenty-four (24) hours, and not more than seven (7) days, before the application of pesticides on a multi-unit property, the owner of the property shall provide each resident and tenant of the property that will be treated with the information listed in § 2211.1 by:

(a) Delivering the information to each resident's door or mailbox, or to each resident through electronic mail or facsimile; and

(b) Posting the information conspicuously in common spaces on the property, in reasonably close proximity to the locations where pesticide will be applied.

2211.6 In the event that there is no clearly defined customer or business entity as identified in § 2211.1, the applicator shall post the documentation required in § 2211.1 in an accessible location at the site of the application for public inspection.

2211.7 When applying a restricted-use pesticide outside the confines of an enclosed structure, the person applying the pesticide shall provide notice of the date and approximate time of any such pesticide application to any property that abuts the property to be treated.

History

SOURCE: Section 15 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2211

20 DCMR § 2212 POSTING

2212.1 Any person applying pesticides to a lawn or to exterior landscape plants shall post a sign which meets the following requirements:

(a) The information on the front of the sign shall include the same words and symbols in the sizes specified in Figure A shown in § 2299.1 at the end of this chapter;

(b) The sign shall only include the words and symbols specified in Figure A shown in § 2299.1 at the end of this chapter;

(c) The information on the back of the sign shall be at least eighteen (18) point type (5/32 inch) in size and indicate the following:

(1) Date pesticide was applied;

(2) Name of applicator; and

(3) Telephone number of applicator;

(d) The sign shall be:

(1) Four (4) inches in height and five (5) inches in width or larger;

(2) Constructed of a sturdy, weather-resistant material;

(3) Constructed of a rigid material, as opposed to a flag;

(4) Printed on a yellow background with black, bold-faced lettering; and

(5) Posted so that the bottom of the sign shall be at least twelve (12) inches but not more than sixteen (16) inches above the surface of the soil; and

(e) The sign shall be clearly visible:

(1) From the principal places of access to the property; and

(2) On the portion of the property where the pesticide is applied.

2212.2 The sign shall remain in place for forty-eight (48) hours following the pesticide application, after which time the property owner is responsible for removal of the sign.

2212.3 Subject to the penalties provided in the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), no person, acting alone or in concert with others, may alter or deface the sign, or remove the sign within forty-eight (48) hours of its posting.

History

SOURCE: Section 15 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2212

20 DCMR § 2213 STORAGE, DISPOSAL, AND TRANSPORTATION OF PESTICIDES

2213.1 Any person required to obtain a license or certification under the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), shall ensure that the pesticides under storage and the pesticide storage areas shall meet the following requirements, unless otherwise directed by the pesticide label:

(a) The storage area shall be secured or locked to prevent unauthorized access;

(b) Pesticides shall be stored in a separate building or under cover on a paved surface, separated by a physical barrier from living and working areas and from food, feed, fertilizer, seed, and safety equipment;

(d) A supply of absorbent material, sufficient to absorb a spill equivalent to the capacity of the largest container in storage, shall be kept in the storage area;

(e) All pesticide containers in the storage area shall be properly labeled, free of leaks, and in sound condition;

(f) The storage area shall have a fire extinguisher available of a type and capacity sufficient to extinguish fires originating in the storage area;

(g) Pesticides shall be stored in an area located at least fifty (50) feet from any waterbody, storm sewer, or well, or stored in secondary containment approved by the Department; and

(h) Personal protective equipment shall be stored in an area separated by a physical barrier from the storage area or in a chemical-resistant container.

2213.2 In addition to the requirements in § 2213.1, any person storing restricted-use pesticides shall post on the exterior of the storage area and at each entrance or exit to the storage area, a sign which meets the following requirements:

(a) The sign shall be twelve (12) inches by twelve (12) inches or larger; and

(b) The information on the sign shall include the same words specified in Figure B shown in § 2299.1 at the end of this chapter.

2213.3 Disposal of any pesticides shall be in accordance with Subtitle C of the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.), and in accordance with label directions on each pesticide product.

2213.4 Unless otherwise provided for in United States Department of Transportation regulations, pesticide operators shall ensure that:

(a) During transport, pesticide containers and application equipment shall be secured to prevent shifting or release of pesticides; and

(b) Pesticides shall not be placed or carried in the same compartment as the driver, food, or feed, unless placed or carried in a manner that provides adequate protection for the health of the driver and passengers, and the safety of the food or feed from the pesticide.

2213.5 The pesticide business name and certification number shall appear on each motor vehicle transporting in the District pesticides or devices used in pest control. The pesticide operator certification number shall be preceded by “DC Cert. No.” and the business name shall be:

(a) In bold print not less than 2 inches high; and

(b) Displayed on both sides of the vehicle.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2213

20 DCMR § 2214 MISBRANDED PESTICIDES AND DEVICES

2214.1 It shall be unlawful for any person to distribute any pesticide or device that is misbranded.

2214.2 A pesticide is misbranded if its labeling and packaging fail to comply with the provisions of this section.

2214.3 No pesticide label shall have any statement, design, or graphic representation relative to the pesticide or its ingredients that is false or misleading.

2214.4 No pesticide shall be contained in a package or other container or wrapping that does not conform to the standards established by the Environmental Protection Agency (EPA) Administrator pursuant to § 25(c)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. § 136w(c)(3)).

2214.5 No pesticide shall be an imitation of, or offered for sale under the name of, another pesticide.

2214.6 The label of a pesticide shall bear the registration number assigned under § 7 of FIFRA (7 U.S.C. § 136e) to each establishment in which it is produced.

2214.7 Any word, statement, or other information required by or under authority of FIFRA to appear on the label or labeling shall be prominently placed on the label with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling), and stated in terms that will render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

2214.8 The labeling accompanying a pesticide shall contain directions for use that are necessary for effecting the purpose for which the product is intended that, if complied with, together with any requirements imposed under § 3(d) of FIFRA (7 U.S.C. § 136a(d)), are adequate to protect health and the environment.

2214.9 The label shall bear an ingredient statement on that part of the immediate container (and on the outside container or wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase, except as provided in § 2214.10.

2214.10 The label need not bear an ingredient statement as required by § 2214.9 if the size or form of the immediate container, or the outside container or wrapper of the retail package, makes it impracticable to place the ingredient statement on the part that is presented or displayed under customary conditions of purchase. In this case, the ingredient statement shall appear prominently on another part of the immediate container, or on the outside container or wrapper, as permitted by the EPA Administrator.

2214.11 Each label shall contain a statement of the use classification established by the EPA Administrator under which the pesticide is registered.

2214.12 Each label shall contain a warning or cautionary statement that may be necessary and, if complied with, together with any requirements imposed under § 3(d) of FIFRA (7 U.S.C. § 136a(d)), is adequate to protect health and the environment.

2214.13 Each pesticide shall have affixed to its container, and to the outside container or wrapper of its retail package, if there is one, through which the required information on the immediate container can be clearly read, a label bearing the following information:

(a) The name and address of the producer, registrant, or person for whom the pesticide was produced;

(b) The name, brand, or trademark under which the pesticide is sold;

(d) When required by regulation of the EPA Administrator to effectuate the purposes of FIFRA, the registration number assigned to the pesticide under FIFRA, and the use classification established by the EPA Administrator.

2214.14 No pesticide shall contain any substance or substances in quantities highly toxic to humans, unless the label bears, in addition to any other matter required by FIFRA, the following information:

(a) The skull and crossbones symbol;

(b) The word "poison" prominently displayed in red on a background of distinctly contrasting color; and

History

SOURCE: Final Rulemaking published at 55 DCR 9839 (September 19, 2008); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2214

20 DCMR § 2215 INTEGRATED PEST MANAGEMENT

2215.1 A District agency shall utilize an IPM program to reduce application of pesticides applied by District employees or contractors to public rights-of-way, parks, District-occupied buildings, and other District property to ensure that:

(a) Pesticides are used only if monitoring indicates they are needed according to established IPM guidelines;

(b) Pesticides are used only as a last resort after all alternative pest management strategies have been exhausted; and

2215.2 A child-occupied facility shall utilize an IPM program to reduce application of pesticides.

2215.3 A District agency and a child-occupied facility shall have an IPM program approved by the Department that meets the following requirements:

(a) Has a written IPM policy;

(b) Has a written policy on pest management roles and responsibilities of decision makers, including the name, address, and telephone number of the contact person;

(d) Has procedures for regular inspection and monitoring activities to determine the presence and distribution of pests;

(e) Has standards to determine the:

(1) Severity of pest infestation;

(2) Need for alternative pest management strategies; and

(3) Need for pesticide application only as a last resort after all alternative pest management strategies have been exhausted;

(f) Has recordkeeping procedures for documenting:

(1) Pest sightings;

(2) Pest control procedures; and

(3) Any communications to potentially affected individuals regarding IPM or pesticide use; and

(g) Has a range of alternative pest management strategies, including sanitation, structural repair, physical, cultural, and biological control, and other non-chemical methods.

2215.4 If a District agency employs a contractor to perform pesticide management or application, the District agency’s IPM policy shall be incorporated into the specifications or statement of work for the pest management or application contract.

2215.5 No person required to obtain a license or certification under the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.) shall apply any pesticide to public rights-of-way, parks, District-occupied buildings, other District property, or child-occupied facilities if the location does not have an IPM program approved by the Department.

History

SOURCE: Final Rulemaking published at 55 DCR 9839 (September 19, 2008); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2215

20 DCMR § 2216 PEST CONTROL BY FUMIGATION

2216.1 The following regulations shall apply to fumigation operations performed by any person required to obtain an applicator certification and license or to be registered as a registered technician as required by the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), as amended.

2216.2 Notwithstanding any other provisions of the Pesticide Operation Regulations, Chapters 22 through 25 of this title, each fumigation operation shall be performed or supervised only by a licensed applicator certified to perform fumigation.

2216.3 Each member of the fumigation crew shall be trained in those aspects of the fumigation process in which the member participates, have adequate knowledge of the fumigant, and be provided with all the safety equipment necessary for the member’s protection.

2216.4 Before performing fumigation, the licensed applicator shall notify the fire station nearest the site of the fumigation.

2216.5 The notice to the nearest fire station required by § 2216.4 shall be in writing and shall include the following information:

(a) The name and address of the pesticide operator;

(b) The name of the fumigant;

(d) The location and type of structure; and

(e) The date and approximate time of fumigation, and the estimated length of the fumigation period.

2216.6 The structure, vault, vehicle, commodity, or area to be treated shall be conspicuously posted with warning signs on all sides.

2216.7 Warning signs required by § 2216.6 shall carry the following information:

(a) The skull and crossbones symbol;

(b) The name of the fumigant;

(d) The name of the company performing fumigation; and

(e) The name and telephone number of the licensed certified applicator in charge.

2216.8 A guard shall be on the site during the entire fumigation period.

2216.9 A guard shall be capable, awake, alert, and remain on duty at the site at all times to prevent unauthorized persons from gaining entrance into the structure.

2216.10 The licensed certified applicator shall:

(a) Ensure that all persons and pets are out of the structure before fumigation;

(b) Ensure that the structure is secure; and

2216.11 Only a licensed applicator certified to perform fumigation shall perform the introduction of the fumigant.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2216

20 DCMR § 2217 PEST CONTROL BY HEAT TREATMENT

2217.1 No person shall perform pest control by heat treatment unless the person is a licensed and certified pesticide operator, in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of this title.

2217.2 A person performing pest control by heat treatment shall maintain records containing the following information:

(a) Name or identification of the person performing heat treatment;

(b) Address of treated property;

(d) Duration of heat treatment and temperature during treatment period;

(e) Procedure for performing heat treatment; and

(f) Brand and model of the heat treatment equipment used.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2217

20 DCMR § 2218 CANINE PEST DETECTION

2218.1 No person shall use a canine scent pest detection team to detect any pest for compensation, unless:

(a) The person is a licensed and certified pesticide operator, in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of this title; and

(b) The team, consisting of a handler and dog, is certified according to the requirements of this section.

2218.2 Each team shall be certified as satisfactorily trained for pest detection for each target pest by two (2) persons meeting the requirements of § 2218.14.

2218.3 Each team shall be certified as satisfactorily trained for pest detection for each target pest for which the team intends to offer pest detection services.

2218.4 Only a team may be certified as trained for pest detection and not individual dogs or handlers who are not part of a team.

2218.5 A team shall renew its certification each year for pest detection for each target pest for which the team offers pest detection services.

2218.6 A person that trains or certifies a team for pest detection may use pseudo-scents and extracts for training purposes but shall not use them for a canine scent detection test.

2218.7 A pesticide operator that uses a team to detect any pest shall maintain accurate records of the training of each team and its certification, which shall include the following:

(a) The name of the handler and the dog;

(b) The name, address, and telephone number of the individual or organization that provided initial training, maintenance training, or certification of the team;

(d) Proof that the team has been certified as required by this section.

2218.8 A pesticide operator shall maintain the records specified in § 2218.7 for three (3) years and shall make the records immediately available, on request, to the Department.

2218.9 A canine scent detection test shall be designed by a person to accurately evaluate the ability of a team to satisfactorily perform pest detection for each target pest and shall meet the following requirements:

(a) A canine scent detection test shall take place under conditions that are similar to conditions where target pests may be found;

(b) A canine scent detection test shall consist at a minimum of four (4) areas or spaces designed to restrict odors from moving between areas or spaces;

(1) The persons performing a canine scent detection test shall place hides in the testing room or space at least thirty (30) minutes before testing begins;

(2) A distractor shall represent the type encountered under field conditions by a team in the region the team operates; and

(3) If a dead target pest is used as a distractor, the target pest shall have been dead for at least forty-eight (48) hours; and

(d) The time limit for completing the search of all rooms, spaces or areas for a pest by a team shall be twenty (20) minutes, excluding the time spent by the team travelling between rooms or spaces. The qualified persons conducting the canine scent detection test may adjust the time limit of the test to account for varying size rooms and spaces.

2218.10 The persons conducting a canine scent detection test shall pass or fail the team.

2218.11 The team may make one false alert during a canine scent detection test, but it cannot be on a placed distractor.

2218.12 If the team passes a canine scent detection test, the persons conducting the test shall certify the team as satisfactorily trained for pest detection for the target pest.

2218.13 If the dog is treated cruelly during the canine scent detection test, the persons conducting the canine scent detection test shall fail the team.

2218.14 A person conducting a canine scent detection test shall have a minimum of five (5) years of documented experience, recognized by the Department, in dog scent handling, training, and evaluation in at least one of the following areas:

Law enforcement;

(b) Other government agency;

(d) Other comparable experience verifiable by the Department in dog scent detection training or evaluation.

2218.15 At least two (2) persons meeting the requirements of § 2218.14 shall conduct each canine scent detection test.

2218.16 The persons conducting a canine scent detection test may not be the dog’s current or former trainer and may not have any business or financial interest in the team’s business.

2218.17 The persons conducting a canine scent detection test may have standards that are stricter than the standards provided in this section.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2218

20 DCMR § 2219 UNLAWFUL ACTS

2219.1 Pursuant to the provisions in § 2500, the Department may pursue an enforcement action against any person who violates the Pesticide Operation Regulations, Chapters 22 through 25 of this title, including, but not limited to any person who:

(a) Fails to register a pesticide in accordance with the pesticide registration provisions of this title;

(b) Uses a pesticide in a manner that is inconsistent with the labeling of the pesticide or that is in violation of the restrictions imposed on the use of the pesticide by the Environmental Protection Act (EPA) Administrator or the Department;

(c) Makes a pesticide recommendation that is inconsistent with the labeling of the pesticide, or that is in violation of the restrictions imposed on the use of the pesticide by EPA Administrator or the Department;

(d) Falsifies, refuses, or neglects to maintain or make available records required to be kept under the provisions of this title;

(e) Uses fraud or misrepresentation in applying for certification, registration, or a license;

(f) Refuses or neglects to comply with any limitations or restrictions on his or her certification, registration, or license;

(g) Makes false or fraudulent claims through any media that misrepresent the effect of a pesticide or the method to be utilized in the application of a pesticide;

(h) Applies any known ineffective or improper pesticide, or operates faulty or unsafe equipment;

(i) Uses or supervises the use of a pesticide in a faulty, careless, or negligent manner;

(j) Makes false or fraudulent records, invoices, or reports;

(k) Acts in the capacity of, advertises as, or assumes to act as a pesticide dealer in the District at any time unless he or she is licensed by the District in accordance with the provisions of this title;

(l) Aids, abets, or conspires with any other person to evade the provisions of this title;

(m) Makes fraudulent or misleading statements during or after an inspection of a pest infestation, or during or after an inspection pursuant to the provisions in Chapter 25 (Pesticide Use Enforcement and Administration) of this title;

(n) Impersonates any federal, state, or District inspector or official;

(o) Fails to immediately notify the Department by telephone, or in writing, of any pesticide accident, incident, fire, flood, or spill, or to report to the Department the full details of the event, including any remediation taken;

(p) Distributes any pesticide that is adulterated;

(q) Fails to maintain a record required pursuant to § 2517.1 for a transaction involving a restricted-use pesticide; or

(r) Violates any other requirement or provision of the Pesticide Operations Act of 1977, as amended, or the rules promulgated to carry out the provisions of the Act, set forth in Chapters 22 through 25 of this title.

2219.2 Each unlawful act shall constitute a separate violation of the Pesticide Operation Regulations, Chapters 22 through 25 of this title. In the event of any violation of or failure to comply with the Pesticide Operation Regulations, each and every day of the violation or failure shall constitute a separate offense.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2219

20 DCMR § 2299 DEFINITIONS

2299.1 When used in this chapter, the following terms shall have the meanings ascribed (definitions that are codified in the relevant Acts are indicated as [Statutory], and are reprinted below for regulatory efficiency):

Accident - an unexpected, undesirable event, caused by the use or presence of a pesticide that adversely affects humans or the environment.

Active ingredient - shall be as follows:

(a) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that will prevent, destroy, repel, or mitigate any pest;

(b) In the case of a plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or maturation, or otherwise alter the behavior of ornamental or crop plants or the product of the plants;

(d) In the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissue. [Statutory]

Adulteration - a pesticide the strength or purity of which falls below the professed standard or quality as expressed in its labeling or under which it is sold, or the total or partial substitution of any substance for the pesticide, or the total or partial abstraction of any valuable constituent of the pesticide. [Statutory]

Agriculture - land whose primary purpose and use is to raise crops. [Statutory]

Agricultural commodity - any plant or part of a plant, or an animal or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by humans or animals.

Alert - a characteristic change in a dog’s behavior in response to the odor of a pest as interpreted by the dog’s handler.

Animal - all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish, and shellfish. [Statutory]

Biopesticide - a chemical derived from plants, fungi, bacteria, or other non-man-made synthesis that is effective in controlling target pests; or certain microorganisms, including bacteria, fungi, viruses, and protozoa that are effective in controlling target pests. These agents usually do not have toxic effects on animals and people and do not leave toxic or persistent chemical residues in the environment.

Canine scent pest detection team - a unit consisting of a human and a dog that train and work together to detect a target pest.

Certification - the recognition by a certifying agency that a person is competent and is authorized to use or supervise the use of restricted-use pesticides or authorized to perform pest detection for a target pest.

Certified applicator - any individual who is certified by the Department as being competent to use or supervise the use of any restricted-use pesticide or class of restricted-use pesticides covered by his or her certification. [Statutory]

Child-occupied facility - a building or portion of a building which, as part of its function, receives children under the age of 6 years on a regular basis and is required to obtain a certificate of occupancy as a precondition to performing that function, including day care centers, nurseries, pre-school centers, kindergarten classrooms, child development centers, child development homes, child development facilities, child-placing agencies, infant care centers, and similar entities. [Statutory]

Commercial applicator - an individual, whether or not he or she is a private applicator with respect to some uses, who uses or supervises the use of any pesticide that is classified for restricted use for any purpose or on any property other than as provided by the definition of "private applicator." [Statutory]

Competent - properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and the associated responsibility.

Defoliant - any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. [Statutory]

Department - the District of Columbia Department of Energy and Environment.

Desiccant - any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. [Statutory]

Device - any instrument or contrivance (other than a firearm) that is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than human and other than bacteria, virus, or other microorganism on or in living humans or other living animals); but not including equipment used for the application of pesticides when sold separately from the pesticides. [Statutory]

Director - the Director of the Department or the Director's designated agent.

Distractor - a non-target odor source placed within a pest scent-detecting dog’s search area.

Distribute - to offer for sale, hold for sale, sell, barter, or trade a commodity. [Statutory]

District - the District of Columbia. [Statutory]

District agency - any District office, department, or agency, including independent agencies, the District of Columbia Water and Sewer Authority, and the Washington Metropolitan Area Transit Authority.

District property - buildings or land owned, leased, or otherwise occupied by the District government. [Statutory]

District restricted-use - a pesticide identified by the Department as requiring additional restrictions for use to prevent a hazard to human health, the environment, or property as set forth in § 2205 of Chapter 22 of this title. [Statutory]

Environment - includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these. [Statutory]

EPA - the United States Environmental Protection Agency.

EPA Administrator - the Administrator of the United States Environmental Protection Agency. [Statutory]

Equipment - any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power, and used to apply any pesticide on land and anything that may be growing, habitating, or stored on or in the land. This term shall not include any pressurized hand-sized household apparatus used to apply a pesticide. [Statutory]

Extract - an odor extracted from a target pest for a pest scent-detecting dog to detect.

FIFRA - the Federal Insecticide, Fungicide, and Rodenticide Act, effective April 26, 1910, as amended (7 U.S.C. § 136 et seq.).

Forestry - trees on land that is at least one acre in size and at least 10% occupied by forest trees of any size or formerly having had such tree cover and not currently developed for non-forest use. [Statutory]

Fumigation - the act of releasing or dispensing a toxic chemical agent in such a way that it reaches the organism wholly or primarily in the gaseous state.

Fungus - any non-chlorophyll-bearing thallophyte (any non-chlorophyll-bearing plant of a lower order than mosses and liverworts); for example: rust, smut, mildew, mold, yeast, and bacteria, except those on or in living humans or other animals and those on or in processed food, beverages, or pharmaceuticals. [Statutory]

Hazard - a probability that a given pesticide will have an adverse effect on humans or the environment in a given situation, the relative likelihood of danger or ill effect being dependent on a number of interrelated factors present at any given time.

Hide - a container that allows free movement of air containing between five (5) and twenty (20) live target pests or viable eggs.

Inert ingredient - an ingredient that is not active.

Ingredient statement - a statement that contains:

(a) The name and percentage of each active ingredient, and the total percentage of all inert ingredients in the pesticide; and

(b) If the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elemental arsenic.

Insect - any of the numerous small invertebrate animals generally having a body more or less obviously segmented, for the most part belonging to the class insecta, comprising six- (6) legged, usually winged forms (for example, beetles, bugs, bees, and flies). For purposes of Chapters 22 through 25 of this title, the term "insect" also applies to allied classes of arthropods whose members are wingless and usually have more than six (6) legs (for example, spiders, mites, ticks, centipedes, and wood lice). [Statutory]

Integrated pest management or IPM - an effective and environmentally sensitive approach to pest management that relies on a combination of common-sense practices. IPM programs use current, comprehensive information on the life cycles of pests and their interaction with the environment. This information, in combination with available pest control methods, is used to manage pest damage economically, and with a strong preference for examining a range of cultural, mechanical, biological, and chemical practices and selecting a method presenting the least possible hazard to people, property, and the environment. [Statutory]

Label - the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its container or wrappers. [Statutory]

Labeling - all labels and all other written, printed, or graphic matter:

(a) Accompanying the pesticide or device at any time, or

(b) Accompanying or referring to the pesticide or device except when accurate non-misleading references are made to current official publications of Federal or State institutions or agencies authorized by law to conduct research in the field of pesticides. [Statutory]

Land - all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. [Statutory]

Licensed certified applicator - a pesticide applicator who has completed the requirements for certification and holds a valid District license.

Mayor - the Mayor of the District of Columbia or the Mayor's designee.

Minimum-risk pesticide - a pesticide registered with the Department, but exempt from federal registration under Section 25(b) of FIFRA. [Statutory]

Misbranded - a pesticide is misbranded if its labeling and packaging fail to comply with the provisions of § 2214 of Title 20 of the District of Columbia Municipal Regulations.

Nematode - invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms. [Statutory]

Non-essential - a pesticide that is not critical to managing pests that threaten health, property, or the environment in the District as set forth in § 3 of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; 59 DCR 10166 (August 24, 2012)). [Statutory]

Ornamental - trees, shrubs, and other plantings in and around habitations, generally, but not necessarily, located in urban and suburban areas, including residences, parks, streets, retail outlets, and industrial and institutional buildings.

Person - any individual, partnership, association, corporation, company, joint stock association, or any organized group of people whether incorporated or not, and includes any trustee, receiver, or assignee. [Statutory]

Pest - any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living humans or other living animals) which commonly is considered to be detrimental to humans or their interests or which the Department may declare to be detrimental. [Statutory]

Pesticide - any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. [Statutory]

Pesticide applicator or applicator - an individual who is a commercial applicator, private applicator, public applicator, or registered technician. [Statutory]

Pesticide dealer - any person who distributes to the ultimate user restricted-use pesticides or any pesticide whose use or distribution is further restricted by the Department. [Statutory]

Pesticide operator - shall be:

(a) Any person who owns or manages a pesticide application business in which pesticides are applied upon the lands of another for hire or compensation; or

(b) Except as otherwise provided under the definition of "private applicator," the owner or manager of any commercial firm, business, corporation, or private institution, who directly or through employees uses restricted-use pesticides on property owned, managed, or leased by the commercial firm, business, corporation, or private institution; or

(c) Any District or other governmental agency whose officials or employees apply pesticides as part of their normal duties. [Statutory]

Pesticide registration fee - the fee set for product registration by § 2518 of Title 20 of the District of Columbia Municipal Regulations. [Statutory]

Plant incorporated protectant - pesticidal substances that are intended to be produced and used in a living plant or in the produce thereof, and the genetic material necessary for production of such a pesticidal substance. Plant incorporated protectant also includes any inert ingredient contained in the plant, or produce thereof.

Plant regulator - any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. Also, it shall not be required to include any of such of those nutrient mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration. [Statutory]

Private applicator - any individual who uses any restricted-use pesticide for purposes of producing any agricultural commodity on property owned or rented by the individual or his or her employer, or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. [Statutory]

Protective equipment - clothing or any other materials or devices that shield against unintended exposure to pesticides.

Pseudo-scent - a human-made compound that mimics a target pest odor.

Public applicator - a commercial applicator who is authorized to use or supervise the use of pesticides and who is an employee of the District or of a governmental agency. [Statutory]

RCRA - the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.), as amended.

Reduced-risk pesticides - any pesticide identified in § 2210 of Title 20 of the District of Columbia Municipal Regulations. [Statutory]

Registered technician - an individual who is registered with the Department, under § 2311 of Title 20, and who works under the direct supervision of a licensed commercial or public applicator, as set forth in § 12(c) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; 59 DCR 10166 (August 24, 2012)).

Registrant - any person who registers any pesticide pursuant to the provisions of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.).

Restricted-use pesticides - any pesticides or pesticide use classified by the EPA Administrator for restricted use; or any pesticide which, when used as directed or in accordance with a commonly recognized practice, the Department determines, subsequent to a hearing, that additional restrictions for that use are necessary in order to prevent a hazard to the applicator or other persons, or to prevent unreasonable adverse effects upon the environment.

School - a public or private facility whose primary purpose is to provide K-12 educational services and includes adjacent or contiguous recreation centers or athletic fields owned or maintained by the educational facility. [Statutory]

Space treatment - the dispersal of insecticides into the air by foggers, misters, aerosol devices, ultra-low volume equipment, or vapor dispensers for the control of flying insects and exposed crawling insects.

Storm sewer - a system of pipes or other conduits which carries or stores intercepted surface runoff, street water, and other wash waters, or drainage, but excludes domestic sewage and industrial wastes.

Under the direct supervision of - unless otherwise prescribed by its labeling or other restrictions imposed by the Department, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent registered technician acting under the instruction and control of a certified applicator who is available if and when needed, even though the certified applicator may not be physically present at the time and place the pesticide is applied. [Statutory]

University - the University of the District of Columbia.

Waterbody - those portions, sections, or segments of waters located within the District that are:

(a) Subject to the ebb and flow of the tide; or

(b) Free flowing, unconfined, and aboveground rivers, streams, or creeks. [Statutory]

Waterbody-contingent property - property within 25 feet of a waterbody. [Statutory]

Weed - any plant that grows where it is not wanted. [Statutory]

History

SOURCE: Section 2 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044, (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204, 2207 (May 13, 1983); as amended by Final Rulemaking published at 55 DCR 9839 (September 19, 2008); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2299

20-23 PESTICIDE CONTROL - APPLICATORS

20 DCMR § 2300 GENERAL PROVISIONS

2300.1 The following regulations shall apply to all persons required to obtain an applicator certification and license or to be registered as a registered technician as required by the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), as amended.

2300.2 No person shall apply any pesticide in the District for a fee unless he or she is certified and licensed or registered in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of this title, except as provided in § 2300.8.

2300.3 No person shall purchase, use, or supervise the use of any restricted-use pesticide unless he or she is certified and licensed in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of this title, except as provided in § 2300.8.

2300.4 No person shall apply for a pesticide applicator license unless the applicant is certified as a pesticide applicator.

2300.5 Application for a pesticide applicator’s license shall be made in writing on a form prescribed by the Department.

2300.6 If the Department does not certify or license an applicant as provided in this chapter, the Department shall inform the applicant in writing of the reasons for the denial of the license or certification.

2300.7 A registered technician shall purchase and use pesticides under the direct supervision of a licensed commercial or public applicator in accordance with §§ 2311 and 2312.

2300.8 The certification and licensing requirements of this chapter shall not apply to the following individuals:

(a) A person conducting laboratory-type research involving restricted-use pesticides;

(b) A doctor of medicine or doctor of veterinary medicine applying pesticides as drugs or medication during the course of normal practice;

(d) A person applying any pesticide that is not a restricted-use pesticide on his or her own premises, or an employee of that person who applies any pesticide that is not a restricted-use pesticide on the person’s premises.

2300.9 All certifications and licenses granted pursuant to this chapter shall be posted conspicuously on the premises of the licensee.

History

SOURCE: Section 4 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2300

20 DCMR § 2301 CATEGORIES OF PESTICIDE APPLICATORS

2301.1 Individuals shall apply for certification on a form prescribed by the Department in one (1) of the categories or subcategories of pest control outlined in this section (subject categories are classified in accordance with 40 C.F.R. § 171.101).

2301.2 Ornamental and Turf Pest Control - this category includes applicators using, or supervising the use of, pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers, and turf. This category contains the following subcategories:

(a) Exterior Ornamental Plants - ornamental trees, shrubs, flowers, and plantings;

(b) Lawns and Turf - lawn and turf; and

2301.3 Aquatic Pest Control - this category includes applicators using, or supervising the use of, pesticides purposefully applied to standing or running water, wetland areas, or within tidal basins, excluding applicators engaged in public health-related activities included in Subsection 2301.6. This category includes the following subcategories:

(a) Swimming Pool - disinfectants in swimming pools;

(b) Cooling Tower - biocides in cooling towers; and

2301.4 Right of Way Pest Control - this category includes applicators using, or supervising the use of, pesticides in the maintenance of public roads, electric powerlines, pipelines, railway rights-of-way, or other similar areas. This category includes the following subcategory:

(a) Utility Pole - use of pesticides on utility poles.

2301.5 Industrial, Institutional, Structural, and Health Related Pest Control - this category includes applicators using, or supervising the use of, pesticides in, on, or around food handling establishments; human dwellings; industrial establishments, including warehouses and grain elevators; institutions, such as schools, prisons, and hospitals; and any other structures and adjacent areas, public or private, for the protection of stored, processed, or manufactured products. This category contains the following subcategories:

(a) General Pest Control - preventing, repelling, or controlling insects (including mosquitoes), fungi, or other pests within or adjacent to structures of any kind, or the adjacent grounds, or where people may assemble or congregate. This subcategory does not include work otherwise defined in Subsection 2301.5(b) through (f);

(b) Wood Destroying Organism - preventing, repelling, or controlling termites, powder post beetles, fungi, or wood destroying organisms in or on structures of any kind by pre-treating areas or the surrounding grounds where the structures are to be constructed;

(c) Wildlife Control - preventing, repelling, or controlling nuisance birds, mammals, reptiles, and other wildlife not covered by the Rodent Control category;

(d) Rodent Control - preventing, repelling, or controlling rodents; and

(e) Industrial Weed Control - preventing, repelling, or controlling weeds on industrial or commercial sites.

2301.6 Public Health Pest Control - this category includes District and other governmental employees and contractors using, or supervising the use of, pesticides in public health programs for the management and control of pests having medical and public health importance.

2301.7 Regulatory Pest Control - this category includes District and other governmental employees who use, or supervise the use of, pesticides in the control of regulated pests.

2301.8 Demonstration and Research Pest Control - this category includes applicators, including extension specialists or commercial applicators, using, or supervising the use of, restricted use pesticides while:

(a) Conducting field research on or involving restricted use pesticides: or

(b) Demonstrating to others the proper use and techniques of applying restricted use pesticides.

2301.9 Aerial Pest Control - this category includes applicators using, or supervising the use of, restricted use pesticides applied by fixed or rotary wing aircraft.

2301.10 Fumigation - this category includes applicators using, or supervising the use of, restricted use pesticides for fumigation. This category contains the following subcategories:

(a) Soil Fumigation - pest control on soil involving the use of a fumigant to control or prevent pests; and

(b) Non-soil Fumigation - pest control involving the use of a fumigant to treat structures or commodities.

2301.11 Sewer Root Control - this category includes applicators using, or supervising the use of, pesticides to control roots in sewer lines. Applicators certified in this category using a fumigant for sewer root control shall obtain certification in the non-soil fumigation subcategory.

2301.12 Private Applicator Pest Control - this category includes private applicators using restricted use pesticides on agricultural commodities or applied to agricultural commodities by fixed/rotary wing aircraft. This category contains the following subcategories:

(a) Private Applicator General Pest Control - using a restricted use pesticide on agricultural commodities; and

(b) Private Applicator Aerial Pest Control - using a restricted use pesticide applied to agricultural commodities by fixed or rotary wing aircraft.

History

SOURCE: Section 4 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2301

20 DCMR § 2302 COMMERCIAL APPLICATORS: ELIGIBILITY FOR CERTIFICATION

2302.1 Each applicant for certification as a commercial applicator shall demonstrate to the Department that he or she has at least one (1) of the following:

(a) One (1) year of experience acceptable to the Department as a full-time registered technician engaged in those categories in which the applicant seeks to be certified. Proof of this experience may include affidavits from former employers, certification or licensing from other states or the federal government, or other measures acceptable to the Department;

(b) A degree or certification from an accredited college or university with specialized training acceptable to the Department in the categories in which the applicant seeks to be certified. One (1) year of this specialized training may be considered equivalent to one (1) year of practical experience; or

(c) A combination of training and experience acceptable to the Department. This combination shall total not less than one (1) year.

2302.2 Each applicant for certification must be at least eighteen (18) years of age.

History

SOURCE: Section 4 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2302

20 DCMR § 2303 COMMERCIAL APPLICATORS: DETERMINATION OF COMPETENCY

2303.1 To be certified as competent in the use and handling of pesticides, each applicant shall meet the requirements of this section.

2303.2 An applicant for certification shall pass a written examination (and, where appropriate, a practical examination) administered by the Department in each category or subcategory for which the applicant seeks to be certified.

2303.3 The required examinations and testing shall be based upon the standards set forth in § 2304 and conform to the following examination standards:

(a) The examination shall be presented and answered in writing;

(b) The examination shall be proctored by an individual designated by the Department and who is not seeking certification at any examination session that they are proctoring;

(c) Each person seeking certification must present at the time of examination valid, government-issued photo identification or other form of similarly reliable identification authorized by the certifying authority as proof of identity and age to be eligible for certification;

(d) Candidates shall be monitored throughout the examination period;

(e) Candidates shall be instructed in examination procedures before beginning the examination;

(f) Examinations shall be kept secure before, during, and after the examination period so that only the candidates have access to the examination, and candidates have access only in the presence of the proctor;

(g) Candidates shall not have verbal or non-verbal communication with anyone other than the proctor during the examination period;

(h) No portion of the examination or any associated reference materials described in Subsection 2303.3(j) may be copied or retained by any person other than a person authorized by the Department to copy or retain the examination or any associated reference materials described in Subsection 2303.3(j);

(i) The only reference materials used during the examination are those that are approved by the Department and provided and collected by the proctor;

(j) Reference materials provided to examinees are reviewed after the examination is complete to ensure that no portion of the reference material has been removed, altered, or destroyed;

(k) The proctor reports to the Department any examination administration inconsistencies or irregularities, including cheating, use of unauthorized materials, and attempts to copy or retain the examination;

(l) The examination shall be conducted in accordance with any other Department examination administration procedures;

(m) Any candidate who fails to follow the procedures in paragraphs (a), (c), (g)-(j), and (l) may be subject to disqualification; and

(n) The Department shall notify each candidate of the results of their examination.

2303.4 The required examinations and testing shall include the general standards applicable to all categories and the additional standards specifically identified for each category or subcategory, if any, in which an applicator is to be certified.

2303.5 Examinations shall be administered at least six (6) times a year at locations and times designated and announced by the Department.

2303.6 To become certified in any category or subcategory, each applicant shall be required to pass the following separate written examinations:

(a) A general, core examination; and

(b) A category examination which shall be specific to the category(ies) or subcategory(ies) described in § 2301 of this chapter, and which, when applicable, may include a practical examination.

2303.7 A passing score for any examination shall consist of a total correct score equal to or exceeding seventy percent (70%) of the total points on the examination as graded by the Department.

2303.8 The Department shall notify in writing each applicant who takes an examination of the results of the examination on a pass-fail basis.

2303.9 An applicant who fails the general core or category examination, or, when applicable, the practical examination, may not reapply to take that examination until thirty (30) days after the date of the last failed examination.

2303.10 An applicant who fails the general core or category examination, or, when applicable, the practical examination, three (3) consecutive times, shall wait one hundred and eighty (180) days after the date of the last failed examination before re-applying to take the examination.

2303.11 The Department shall notify in writing each applicant who has successfully completed the requirements for certification, stating the category(ies) or subcategory(ies) in which competency has been demonstrated.

2303.12 A certified applicator who elects to add one (1) or more category(ies) or subcategory(ies) to an existing certification shall be required to take only the examination for the new category(ies) or subcategory(ies) for which certification is desired.

2303.13 An applicator who has any part of his or her certification revoked shall retake the examination in the category(ies) or subcategory(ies) for which the applicator seeks to be recertified.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204, 2205 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2303

20 DCMR § 2304 COMMERCIAL APPLICATORS: STANDARDS FOR DETERMINATION OF COMPETENCY

2304.1 The standards prescribed in this section shall be used to determine the competency of each commercial applicator prior to his or her certification.

2304.2 A commercial applicator shall demonstrate practical knowledge of the principles and practices of pest control and safe use of pesticides.

2304.3 A commercial applicator shall demonstrate mastery of the principles of integrated pest management.

2304.4 Testing shall be based on examples of problems and situations appropriate to the particular category or subcategory of the applicator’s certification as well as the following areas of competency:

(a) Labels and labeling comprehension, including the following factors:

(1) The general format and terminology of pesticide labels and labeling;

(2) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;

(3) Classification of the product;

(4) Necessity for use consistent with the pesticide label; and

(5) Understanding that registered pesticides must be used in a manner consistent with applicable federal laws.

(b) Pests, including the following factors:

(1) Common features of pest organisms and characteristics of damage needed to recognize specific pests;

(2) Recognition of relevant pests and the importance of selecting the proper pesticide product(s) for effective pest control;

(3) Pest development and biology as it may be relevant to problem identification and control; and

(4) Verification that the pesticide label does not prohibit the use of the product to control the target pest(s).

(1) Acute and chronic pesticide toxicity, common exposure routes, and hazard to humans;

(2) Common types and causes of pesticide accidents;

(3) Precautions necessary to guard against injury to applicators and other individuals in or near treated areas;

(4) Need for and use of protective clothing and equipment;

(5) Symptoms of pesticide poisoning;

(6) First aid and other procedures to be followed in case of a pesticide accident; and

(7) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from gaining access to pesticides and pesticide containers.

(d) Environment, including the potential environmental consequences of the use and misuse of pesticides as may be influenced by factors such as the following:

(1) Weather and other climatic conditions;

(2) Types of terrain, soil, or other substrate;

(3) Presence of fish, wildlife, and other non-target organisms; and

(4) Drainage patterns.

(e) Pesticides, including factors such as the following:

(1) Types of pesticides;

(2) Types of pesticide formulations;

(3) Compatibility, synergism, persistence, and animal and plant toxicity of the pesticide formulations;

(4) Hazards and residues associated with use of pesticides;

(5) Factors that influence the effectiveness of pesticides, or that lead to problems such as a resistance to pesticides; and

(6) Pesticide dilution procedures.

(f) Equipment, including the following factors:

(1) Types of equipment necessary to use and apply pesticides, and advantages and limitations of each type; and

(2) Uses, maintenance, and calibration of the equipment.

(g) Application techniques, including the following factors:

(1) Methods and procedures used to apply various formulations of pesticides, such as solutions and gases, together with a knowledge of which technique of application to use in a given situation and which situations require specific certification, such as the use of a fumigant, aerial application, sodium cyanide, or sodium fluroacetate;

(2) Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and

(3) Prevention of drift and pesticide loss into the environment.

(h) All District and federal laws and regulations applicable to pesticide use and application.

(i) Professionalism, including the following factors:

(1) Maintaining chemical security for restricted use pesticides;

(2) How to communicate information about pesticide exposures and risks to customers and the public; and

(3) Appropriate product stewardship for certified applicators; and

(j) Knowledge of the responsibilities of certified applicators supervising noncertified applicators as required under § 2312.

2304.5 In order to be certified in a particular category or subcategory, commercial applicators shall demonstrate qualification in the particular category or subcategory according to the practical knowledge standards specified in Subsections 2304.6 through 2304.15.

2304.6 Ornamental and Turf Pest Control - applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, plantings, shrubs, and turf, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift, non-target exposures, and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators shall be knowledgeable about the various application methods that will minimize or prevent hazards to humans, pets, and other domestic animals.

(a) Exterior Ornamental Plants - applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, flowers, and plantings, along with selecting and safely applying the appropriate restricted use pesticide to mitigate the pest problems.

(b) Lawns and Turf - applicators shall demonstrate practical knowledge of weeds and their growth habits, along with the different types of restricted-use herbicides available and how to properly use application equipment safely and effectively.

(c) Interior Ornamental Plants - applicators shall demonstrate practical knowledge of interior ornamental plants and the insects and diseases they are susceptible to, along with selecting and safely applying the appropriate restricted use pesticide to mitigate the pest problem.

2304.7 Aquatic Pest Control - applicators shall demonstrate practical knowledge of the secondary effects that can be caused by improper application rates, incorrect formulations, and faulty application of restricted use pesticides used in this category. Applicators shall demonstrate practical knowledge of various water use situations and the potential of downstream effects. Further, applicators shall have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects, and other organisms that may be present in aquatic environments. These applicators shall demonstrate practical knowledge of the principles of limited area application.

(a) Swimming Pool - applicators shall demonstrate knowledge of swimming pool microbes, swimming pool disinfectants, how to calculate swimming pool volume, how to interpret labels and labeling information, and how to apply pesticides to maintain acceptable residual levels in pool water.

(b) Cooling Tower - applicators shall demonstrate practical knowledge of how to identify cooling water organisms, how to interpret labels and labeling information, the factors governing the selection and safe handling and application of biocides, and how to evaluate results after treatment.

(c) Antifouling Paint - applicators shall demonstrate practical knowledge of how to identify fouling organisms on watercraft, how to interpret labels and labeling information, the factors governing the selection and safe handling and application of biocides, and how to evaluate results after treatment.

2304.8 Right-of-Way Pest Control - applicators shall demonstrate practical knowledge of a wide variety of environments, since rights-of-way can traverse many different terrains, including waterways. These applicators shall demonstrate practical knowledge of problems of runoff, drift, and excessive foliage destruction related to pesticide use, and have the ability to recognize target organisms and be knowledgeable of techniques to minimize non-target exposure. They shall also demonstrate practical knowledge of the use of herbicides, the need for containment of herbicides within the rights-of-way area, and the impact of herbicide application activities in the adjacent areas and communities.

Utility Pole - applicators shall demonstrate practical knowledge of the varieties of weeds growing on utility poles, the most effective restrictive use herbicides for control of the weeds, how to calibrate herbicide application equipment, and how to interpret herbicide label information.

2304.9 Industrial, Institutional, Structural, and Health-Related Pest Control - applicators shall demonstrate a practical knowledge of a wide variety of pests, including their life cycles, signs of their presence, habitats, types of pesticide formulations appropriate for their control, and methods of pesticide application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts of outdoor application. Since human exposure, including exposure to babies, children, pregnant women, and elderly people, is frequently a potential health problem, applicators shall demonstrate a practical knowledge of the specific factors that may lead to a hazardous condition, including the impact of continuous exposure to pesticides in the various situations encountered in this category. Because health-related pest control may involve outdoor applications, applicators shall also demonstrate practical knowledge of environmental conditions that are particularly related to this activity and all other requirements under 40 C.F.R. § 171.103(d)(7).

(a) General Pest - applicators shall demonstrate practical knowledge of pests (including mosquitos) and their life cycles, biology, and behavior as it may be relevant to problem identification and control and the types of restricted use pesticides used for effective control. The required knowledge shall also include how to interpret the labels and labeling information.

(b) Wood-Destroying Organisms - applicators shall demonstrate knowledge of wood-destroying organisms, their life cycles, and signs of their presence. This knowledge shall include types of building construction, types of application equipment, how to select the most effective restricted use pesticide and how to interpret labels and labeling information.

(c) Wildlife Control - applicators shall demonstrate knowledge of nuisance birds, mammals, reptiles, and other wildlife not covered by the Rodent Control category. This knowledge shall include how to select the most effective restricted use pesticide and how to interpret labels and labeling information.

(d) Rodent Control - applicators shall demonstrate knowledge of the different species of rodents, their life cycles, and signs of their presence. This knowledge shall include how to select the most effective restricted use rodenticide and how to interpret labels and labeling information.

(e) Industrial Weed Control - applicators shall demonstrate knowledge of the different types of weeds growing at industrial sites and the restricted use herbicides for effective control. Applicators shall also be knowledgeable about how to interpret labels and labeling information.

2304.10 Public Health Pest Control - applicators shall demonstrate practical knowledge of vector-disease transmission as it relates to and influences pesticide application programs, including recognizing pests and signs of their presence and their habitats, life cycles, biology, and behavior as it may be relevant to problem identification and control, and how to minimize: damage to and contamination of areas treated; acute and chronic exposure of people and pets; and non-target exposures. A wide variety of pests may be involved, and it is essential that all varieties of pests in the affected area be known and recognized, and that appropriate life cycles and habitats be understood as a basis for developing a control strategy. Applicators shall have practical knowledge of the variety of environments in which pesticides may be used, ranging from streams to conditions found in buildings. They also should have practical knowledge of the importance and employment of nonchemical control methods such as sanitation, waste disposal, and drainage.

2304.11 Regulatory Pest Control - applicators shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of pests, and the potential impact on the environment of restricted-use pesticides used in suppression and eradication programs. They shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of relevant pests. Their knowledge shall extend beyond that required by their immediate duties, since their services are frequently required in other areas of the country where emergency measures are invoked to control regulated pests and where individual judgments must be made in new situations.

2304.12 Demonstration and Research Pest Control - persons demonstrating the safe and effective use of pesticides to other applicators and the public or conducting research shall meet comprehensive standards reflecting knowledge of a broad spectrum of pesticide uses. Many different pest problem situations will be encountered during activities associated with demonstration or research; and practical knowledge of potential problems, relevant pests, and population levels occurring in each demonstration situation is required. Further, applicators shall demonstrate practical knowledge of the effects of restricted use pesticides on target and non-target organisms, an understanding of pesticide-organism interactions, and the importance of integrating pesticide use with other control methods. Applicators doing demonstration or research pest control work shall possess practical knowledge of all of the standards detailed in Subsection 2304.4 of this section. In addition, applicators shall meet the specific standards required for the categories listed as Subsections 2304.6 through 2304.15 as may be applicable to the particular activity in which they are engaged.

2304.13 Aerial Pest Control - applicators shall demonstrate practical knowledge of problems and pest control practices associated with performing aerial application of restricted use pesticides, including knowledge of all requirements of 40 C.F.R. § 171.103(d)(15).

2304.14 Fumigation - applicators shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing the following soil fumigation applications:

(a) For soil fumigation applications - knowledge of all requirements in 40 C.F.R. § 171.103(d)(13).

For non-soil fumigation - knowledge of all requirements in 40 C.F.R. § 171.103(d)(14). Certification in sewer root control is also required for applicators using a fumigant to control sewer roots.

2304.15 Sewer Root Control - applicators shall demonstrate practical knowledge of how to

identify sewer lines with root problems and how to control sewer roots safely and correctly. They shall know at least four (4) different methods of chemical sewer line root control other than metam sodium. They shall demonstrate practical knowledge in sewer root control, including the use of a fumigant, in the following areas: label comprehension and familiarity with labels for products used; safety measures to minimize adverse effects on health and the environment; chemical characteristics; application methods, timing, and equipment; and proper selection and use of personal protective equipment. Applicators who use or supervise the use of a non-soil fumigant to control roots in sewer lines must also be certified in the non-soil fumigation category.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2304

20 DCMR § 2305 COMMERCIAL APPLICATORS: CERTIFICATION AND LICENSING

2305.1 The Department shall issue an applicant a certification and the appropriate credentials, after an applicant performs the following actions:

(a) Submits proof of competency; and

(b) Submits a completed application for an applicator’s license.

2305.2 A license shall be valid only when accompanied by a current pesticide applicator’s certification issued by the Department.

2305.3 Each certification and license shall contain the names of both the applicant and the employing pesticide operator and shall specify the category(ies) or subcategory(ies) of pest control activity in which the applicant has demonstrated and maintained competency.

2305.4 No applicator shall be employed by more than one (1) pesticide operator unless the applicator has a separate certification for each employer.

2305.5 A licensed certified applicator terminating employment within a licensing period shall submit his or her certification and credentials to the employing pesticide operator.

2305.6 Within ten (10) working days after a licensed certified applicator terminating employment within a licensing period submits his or her certification and credentials to the employing pesticide operator, the pesticide operator shall:

(a) Notify the Department in writing of the termination of the licensed certified applicator’s employment; and

(b) Return the certification and credentials of the employee to the Department for cancellation.

2305.7 A licensed certified applicator whose employment has terminated within a licensing period may, after becoming employed by another pesticide operator and after new application and payment of the appropriate certification fees, be issued a new certification and appropriate credentials.

2305.8 Any applicant who has successfully completed the requirements for certification, but who does not complete the licensing requirement within one (1) year from the date of certification, shall lose certification and may re-qualify for certification only by passing the relevant qualifying examinations for the category(ies) or subcategory(ies) in which the applicant seeks certification.

2305.9 Any licensed certified applicator who has not renewed his or her certification within one (1) year from the date certification expires shall be considered as a new applicant.

2305.10 Any applicator whose license has been revoked, or whose license has lapsed, shall re-qualify for certification and licensing only by passing the relevant qualifying examinations for the category(ies) or subcategory(ies) in which they seek certification.

2305.11 An applicator may maintain his or her certification by putting it on inactive status. To maintain a certification in inactive status, the applicator shall notify the Department of the change in status and maintain recertification credits in accordance with the provisions of this chapter.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2305

20 DCMR § 2306 COMMERCIAL APPLICATORS: CERTIFICATION AND LICENSING RENEWAL

2306.1 A licensed certified applicator shall renew their certification and license every year.

2306.2 An applicant for certification renewal shall be required to present documentation indicating satisfactory completion within the year of a minimum of one (1) refresher training course from the list approved and published by the Department on the pesticide operator database that is pertinent to the applicator’s competency, including training on integrated pest management principles or other least-toxic pest management practices. The applicant shall meet the following requirements:

(a) Provide an attendance record from the sponsor with the applicant’s name, certification number, and arrival and departure time for each session of the course; and

(b) Complete four (4) credits of a training course per category of certification each year, with one (1) credit equivalent to a half (0.5) hour of training.

2306.3 Refresher courses meeting the requirements of § 2306.2 may be in the form of educational courses, programs, seminars, or workshops.

2306.4 To renew certification, the refresher course shall be combined with a history of satisfactory performance as a certified applicator.

2306.5 If the Department determines after consultation with the EPA or other qualified professionals in the field of pest control that a significant change in technology has occurred and that additional training is vital for the protection of the environment, the Department may require that an applicator take an examination prior to the issuance of the renewed certification.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2306

20 DCMR § 2307 PRIVATE APPLICATORS: CERTIFICATION AND LICENSING

2307.1 Each applicant shall notify the Department, in writing, of reasons for requesting private applicator certification for general agricultural pest control or aerial pest control.

2307.2 An applicant’s written notification shall include the following information:

(a) The name of the restricted-use pesticide;

(b) The intended use of the pesticide; and

2307.3 If the notification is accepted by the Department, the applicant may then apply for certification pursuant to § 2308 of this chapter.

2307.4 The Department shall issue an applicant a certification and the appropriate credentials, after the applicant performs the following actions:

(a) Submits proof of competency; and

(b) Submits a completed application for an applicator’s license.

2307.5 Beginning January 1, 2016, a private applicator shall renew his or her certification every two (2) years by presenting documentation indicating satisfactory completion of a minimum of one (1) refresher training course meeting the requirements of §§ 2306.2 or 2306.3, combined with a history of satisfactory performance.

2307.6 A license shall be valid only when accompanied by a current pesticide applicator’s certification issued by the Department.

2307.7 Each applicant for certification must be at least eighteen (18) years of age.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2307

20 DCMR § 2308 PRIVATE APPLICATORS: DETERMINATION OF COMPETENCY

2308.1 Each applicant shall demonstrate proof of practical and scientific knowledge of pest control by:

(a) Passing an examination that meets the requirements outlined in § 2309; and

(b) Performing a labeling exercise pertinent to the restricted-use product or products for which certification is requested.

2308.2 A passing score for any examination shall consist of a total correct score equal to or exceeding seventy percent (70%) of the total points on the examination as graded by the Department.

2308.3 The Department shall notify in writing each applicant who takes an examination of the results of the examination on a pass-fail basis.

2308.4 The Department shall notify in writing each applicant who successfully completes the requirements for certification for the product or products for which competency has been demonstrated.

2308.5 Certification of private applicators shall be limited to specified uses of a single product or related products having the same active ingredient formulation and uses.

2308.6 Each applicator shall be authorized to use only the pesticide or pesticides for which competency has been demonstrated.

2308.7 The Department may amend a certification to include additional products if the private applicator fulfills the testing requirement of § 2309 for the additional products.

2308.8 Any applicator who has any part of his or her certification revoked shall re-qualify for certification only by fulfilling the testing requirement of § 2309.

2308.9 If an applicant fails the general core or category examination, or, when applicable, the practical examination, the applicant may not retake that examination until thirty (30) days after the date of the last failed examination.

2308.10 If an applicant fails the general core or category examination, or, when applicable, the practical examination, three (3) consecutive times, the applicant may not retake that examination until one hundred eighty (180) days after the date of the last failed examination.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2308

20 DCMR § 2309 PRIVATE APPLICATORS: STANDARDS FOR DETERMINATION OF COMPETENCY

2309.1 The Department shall determine competency in the use and handling of pesticides by a private applicator by procedures set forth in this section.

2309.2 As a minimum requirement for certification, a private applicator shall show that they possess a practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and effective use of restricted use pesticides, including the information set forth in 40 C.F.R. § 171.105(a) and the following:

(a) The pest problems and pest control practices associated with the agricultural operations, proper pesticide storage, use, and handling, and proper disposal of the pesticides and containers with which the applicator will be involved;

(b) The principles of integrated pest management; and

The responsibilities related to the applicator’s job.

2309.3 An applicator’s practical knowledge shall be evaluated according to his or her ability to:

(a) Recognize common pests to be controlled and the damage caused by these pests;

(b) Read and understand the label and labeling information, including the common name of pesticides the applicator applies, the pest or pests to be controlled, the timing and methods of applications, the safety precautions, the pre-harvest or reentry restrictions, and any specific disposal procedures;

(c) Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances, taking into account such factors as the area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation;

(d) Recognize local environmental situations that must be considered during an application in order to avoid contamination; and

(e) Recognize poisoning symptoms and know procedures to follow in case of a pesticide accident.

2309.4 The Department may verify the competence of each private applicator through a private applicator certification system that ensures the private applicator is competent:

To perform general agricultural pest control and aerial pest control based on the standards in 40 C.F.R. § 171.105(a) and (f), respectively; and

To use restricted use pesticides in conformance with the limitations of applicable District and federal laws and regulations.

2309.5 The certification system specified in § 2309.4 shall employ a written demonstration of competence that conforms to the examination standards set forth in § 2303.3.

2309.6 A private applicator that uses restricted use pesticides applied by fixed or rotary wing aircraft shall show that the applicator possesses the knowledge of the pest problems and pest control practices associated with performing aerial applications, including the information in 40 C.F.R. § 171.105(f).

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2309

20 DCMR § 2310 GOVERNMENT AGENCIES AND PUBLIC APPLICATORS

2310.1 Except as otherwise provided, all District and other governmental agencies shall be subject to the provisions of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), and to the Pesticide Operation Regulations, Chapters 22 through 25 of this title.

2310.2 The Department shall issue a certification to each qualified public applicator pursuant to the standards for certification of commercial applicators set forth in this chapter.

2310.3 No fee shall be charged for the issuance of a public applicator certification or license to an employee of the District or any federal governmental agency.

2310.4 A public applicator license shall be valid only when the licensee is engaged by his or her employing agency as an applicator to use or supervise the use of pesticides on land or other property owned or rented by the agency, or is acting within the scope of his or her employment.

2310.5 A District and federal governmental agency employing pesticide applicators shall not be subject to the requirements of § 2402.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2310

20 DCMR § 2311 REGISTRATION OF TECHNICIANS

2311.1 Except for persons who are exempt from certification and license requirements under § 2300.8, only those persons certified and licensed under the Pesticide Operation Regulations, Chapters 22 through 25 of this title, shall apply pesticides in the District of Columbia for a fee unless they are registered as a technician with the Department pursuant to this section and acting under the direct supervision of a licensed certified applicator.

2311.2 No pesticide operator required to be licensed in the District of Columbia pursuant to the Pesticide Operation Regulations, Chapters 22 through 25 of this title, shall permit the use of any pesticide by any technician unless that technician is registered with the Department pursuant to this section and under the direct supervision of a licensed certified commercial or public applicator pursuant to the requirements in § 2312.

2311.3 Application for registration of each technician shall be submitted to the Department within thirty (30) days after the first date of employment.

2311.4 Application for registration shall be made in writing on a form prescribed by the Department.

2311.5 Prior to approval by the Department as a registered technician, an individual shall be eighteen (18) years of age or older and receive a passing score on the general core examination as provided in Subsections 2303.6(a) and 2303.7.

(a) An individual shall have one hundred eighty (180) days from the date the Department receives a completed application for registration to receive a passing score on the general core examination as provided in Subsections 2303.6(a) and 2303.7.

(b) An individual that fails to receive a passing score on the general core examination as provided in Subsections 2303.6(a) and 2303.7 within one hundred eighty (180) days from the date the Department receives a completed application for registration shall wait an additional thirty (30) days before retaking the examination.

2311.6 Any person that registered with the Department as a registered technician prior to October 1, 2014, shall not be required to retake the general core examination as provided in § 2311.5.

2311.7 Upon approval, the Department shall issue an identification card to each registered technician. The identification card shall include the technician’s name, issue and expiration date, and certification number.

2311.8 A registered technician shall carry, or have reasonably available nearby, his or her identification card during all working hours and shall display it upon request.

2311.9 Registration under this section shall be valid for three (3) years from the date of issuance of the identification card.

2311.10 In order to renew his or her registration, a registered technician shall be required to:

(a) Present documentation indicating satisfactory completion within the year of a minimum of one (1) refresher training course approved by the Department and pertinent to the employee’s competency;

(b) Demonstrate a history of satisfactory performance; and

(c) If the Department determines after consultation with the EPA and other qualified professionals in the field of pest control that a significant change in technology has occurred and that additional training is vital for the protection of the environment, the Department may require that the registered technician take an examination prior to the issuance of the renewed registration.

2311.11 Upon completion of any three (3) year term as a registered technician, the individual shall apply for certification in a category pursuant to § 2303 of this chapter. The individual shall sit for a category examination. If a passing score is achieved, the individual shall be certified as an applicator in that category. If a passing score is not achieved, the individual may remain a registered technician for an additional three (3) year term.

2311.12 A registered technician can only renew his or her registration for one additional three (3) year term. If at the end of this additional term the registered technician does not apply for and achieve certification in a category pursuant to § 2303 of these regulations, the technician may no longer remain a registered technician.

2311.13 The pesticide operator shall pay an annual fee for each registered technician in the amount specified in § 2520.

2311.14 The pesticide operator shall give the Department written notice of the termination of the employment of a registered technician within thirty (30) days of the termination and shall return the registered technician’s identification card to the Department with the written notice of termination.

2311.15 Training courses required for registered technicians in Subsection 2311.10(a) shall meet the following requirements:

(a) Persons conducting the training shall be present during the entire training, respond to any participant questions, and:

(1) Be qualified as a certified applicator;

(2) Designated as a trainer by the Department; or

(3) Have completed an EPA-approved “Train the Trainer” program.

(b) The training shall cover the areas of competency as included in Subsection 2304.4; and

(c) The training shall be presented orally from written materials or audio visually in a manner that the participants can understand, such as through a translator.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2311

20 DCMR § 2312 SUPERVISION OF REGISTERED TECHNICIANS

2312.1 A registered technician shall apply pesticides under the direct supervision of a licensed certified applicator whose certification permits the application.

2312.2 A registered technician working under direct supervision shall:

(a) Be able to access, read, and comprehend the labeling provided, including the text of the written instructions during use;

(b) Be capable of properly handling and applying a given pesticide to the satisfaction of the supervising licensed certified applicator; and

Be able to carry out assignments and instructions.

2312.3 Direct supervision shall include, but is not necessarily limited to, the requirements set forth in §§ 2312.4 and 2312.5.

2312.4 If the label of the pesticide being applied so stipulates, direct supervision shall be defined as the physical presence of a supervising licensed certified applicator.

2312.5 Unless the pesticide label indicates otherwise, in the absence of the supervising licensed certified applicator, direct supervision may be provided by clearly legible written or electronic verifiable instructions or directions at a location at which pesticides are handled, mixed, stored, disposed, applied, or used. The instructions shall specify the following information:

(a) How to handle and apply the pesticide;

(b) The precautions to be taken to prevent injury to the applicator, other persons, and the environment; and

(c) How to contact the supervising licensed certified applicator under whose supervision the registered technician is working. The technician shall have direct voice contact with the supervising licensed certified applicator if needed.

2312.6 The pesticide label shall be a part of the instructions required by § 2312.5, and may suffice in those matters that it addresses.

2312.7 Ultimate responsibility for the application of pesticides by registered technicians shall remain with the supervising licensed certified applicator.

2312.8 The supervising licensed certified applicator shall instruct the registered technician in all directions for use and of cautions necessary for the safe use and application of any pesticide the technician may be directed to use.

2312.9 The supervising licensed certified applicator is responsible for understanding and complying with the provisions of this section.

2312.10 The availability of the supervising licensed certified applicator shall be directly related to the hazard of the situation, and as provided in §§ 2312.4 and 2312.5.

2312.11 The supervising licensed applicator shall:

(a) Ensure that the registered technician has met at least one (1) of the following qualifications:

(i) The registered technician has been trained in accordance with 40 C.F.R. § 171.201(d) within the last twelve (12) months; or

(ii) The registered technician has met the requirements established by a certifying authority that meet or exceed the standards in 40 C.F.R. § 171.201(c)(1).

(b) Ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer and can be used without a reasonably foreseeable risk of adverse effects to the registered technician, other persons, or the environment;

(d) Instruct employees on choosing appropriate application equipment that is in good working condition; and

Ensure that the safety and protective clothing is worn and used correctly for its intended purpose.

2312.12 Before allowing a registered technician to apply pesticides (including restricted use pesticides) under their direct supervision, the supervising licensed certified applicator shall create or verify the existence of records documenting that the registered technician has the qualifications required under § 2311, including the printed name, signature, certification number, and certification expiration date of the registered technician.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2312

20 DCMR § 2313 PROTECTION OF PESTICIDE HANDLERS AND APPLICATORS

2313.1 Each applicator required to be licensed under this chapter shall acquaint those working under their direct supervision with the hazards involved in the use of pesticides generally and specific hazards set forth on the labeling of the pesticides to be used, and instruct the employees on the proper steps to avoid these hazards, including providing understandable instructions specific to characteristics of a site and choosing appropriate application equipment that is in good working condition.

2313.2 Each applicator required to be licensed under this chapter shall provide the necessary safety equipment and protective clothing as set forth on the pesticide label for the protection of all employees under their supervision, and must ensure that the safety and protective clothing are worn and used correctly for the intended purpose.

2313.3 Each applicator required to be licensed under this chapter shall inform those working under his or her direct supervision of any appropriate reentry requirements, and to provide the necessary protective clothing or apparatus if premature reentry is necessary.

2313.4 If the applicator is not the owner or manager, the pesticide operator shall have ultimate responsibility for providing safety equipment and protective clothing.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2313

20 DCMR § 2314 RECIPROCITY OF CERTIFICATION

2314.1 The Department may certify a nonresident of the District of Columbia who is certified by a state under a certification plan that has been approved by the Environmental Protection Agency Administrator and that is substantially in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of this title, provided that the state has a reciprocity provision granting similar accommodation to applicators certified by the District.

2314.2 The Department may waive all or part of any applicator certification examination required by the Pesticide Operation Regulations, Chapters 22 through 25 of this title. Grounds for waiver include when a commercial applicator or registered technician is certified under the state plan of another state granting similar accommodations to applicators licensed and certified by the District of Columbia, and the certifying state’s plan has been approved by the Environmental Protection Agency Administrator and is substantially in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of this title.

2314.3 The Department shall suspend or revoke certifications issued pursuant to this section in the same manner and on the same grounds as other certifications issued pursuant to the provisions of the Pesticide Operation Regulations, Chapters 22 through 25 of this title, or upon suspension or revocation of the applicator’s or registered technician’s certification by the state issuing the applicator’s original certification.

2314.4 An applicant for a waiver of all or part of any certification shall furnish to the Department a copy of the applicant’s credentials at the time of application. The applicant shall comply with all other requirements of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), and to the Pesticide Operation Regulations, Chapters 22 through 25 of this title.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2314

20 DCMR § 2399 DEFINITIONS

2399.1 The meanings ascribed to the definitions appearing in § 2299 of Chapter 22 of this title shall apply to the terms in this chapter.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2399

20-24 PESTICIDE CONTROL - OPERATORS

20 DCMR § 2400 GENERAL PROVISIONS

2400.1 No person shall act in the capacity of a pesticide operator, or advertise as, or assume to act as a pesticide operator, at any time unless the person is certified and licensed by the Department in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of this title.

2400.2 No person shall apply for a pesticide operator license unless the applicant is certified as a pesticide operator.

2400.3 Application for a pesticide operator’s license shall be made in writing on a form prescribed by the Department.

2400.4 No licensed certified pesticide operator shall permit the use of any pesticide, including any restricted-use pesticide, by any person who is not:

(a) A licensed certified applicator in the category in which the application is made; or

(b) A registered technician of the pesticide operator acting under the direct supervision of a pesticide applicator certified and licensed in that category.

2400.5 A pesticide operator shall apply to the Department for a separate certification and license for each place of business providing services involving the use of pesticides or devices or performing other pest control activities in the District for the control, eradication, mitigation, or prevention of pests either entirely or as part of the business, in accordance with the provisions of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), and to the Pesticide Operation Regulations, Chapters 22 through 25 of this title.

2400.6 The certification and license issued to a pesticide operator is not transferable and shall remain with the person to whom it is issued.

2400.7 Within ten (10) days of termination of business, the operator shall submit the operator’s certification and license to the Department for cancellation.

2400.8 A pesticide operator shall notify the Department in writing of any change of address within thirty (30) days of the change.

2400.9 The following types of persons shall not be required to obtain a pesticide operator’s certification or license:

(a) A person conducting laboratory-type research involving restricted-use pesticides;

(b) A doctor of medicine or doctor of veterinary medicine applying pesticides as drugs during the course of normal practice;

2400.10 All certifications and licenses granted pursuant to this chapter shall be posted conspicuously on the premises of the pesticide operator.

History

SOURCE: Section 7 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2400

20 DCMR § 2401 PESTICIDE OPERATORS: CERTIFICATION AND LICENSING

2401.1 Application for a pesticide operator’s certification shall be made in writing on a form prescribed by the Department.

2401.2 Each application for a pesticide operator’s certification shall contain the following information:

(a) Data about the applicant’s proposed operations;

(b) The certification category or categories applied for;

(d) The full name of each principle member of the entity, if the applicant is a person other than an individual;

(e) The address of the person applying for a pesticide operator certification;

(f) A certificate of liability insurance as required by § 2402 of this chapter;

(g) Designation of those individuals who are certified in each category in which the operator will engage; and

(h) Any other information as the Department may prescribe.

2401.3 Each pesticide operator’s certification shall specify the category(ies) or subcategory(ies) of pest control activity in which the business may lawfully engage.

2401.4 The Department shall issue an applicant a pesticide operator certification and the appropriate credentials, after the applicant performs the following actions:

(a) Submits proof of certification; and

(b) Submits a completed application for a pesticide operator’s license.

2401.5 The pesticide operator’s license shall be valid only when accompanied by a current pesticide operator’s certification issued by the Department.

2401.6 A licensed certified operator that elects to add or delete one (1) or more categories or subcategories from an existing certification shall notify the Department in writing of the proposed changes to the current certification.

2401.7 A pesticide operator shall immediately notify the Department when the operator no longer employs a licensed certified applicator in any of the categories for which the operator is certified.

(a) The certification shall not be affected for ten (10) days after such notification, during which time the operator shall designate another licensed certified applicator;

(b) In response to a written request from the operator, the Department may extend the ten (10) day grace period to up to thirty (30) days; and

(c) During the grace period, restricted-use pesticides may not be used without an applicator certified and licensed in the appropriate category.

History

SOURCE: Section 7 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2401

20 DCMR § 2402 PESTICIDE OPERATORS: LIABILITY INSURANCE

2402.1 The Department shall only issue a pesticide operator’s license when the applicant has provided proof of liability insurance for the protection of persons who may suffer damages as a result of the operations of the applicant. Proof of liability insurance shall be provided on a form prescribed by the Department.

2402.2 The insurer of a pesticide operator shall notify the Department in writing at least ten (10) days before the effective date of cancellation, if a certified operator’s policy is to be canceled.

2402.3 Each pesticide operator shall inform its insurer of the requirement to notify the Department of policy cancellation as provided by § 2402.2.

2402.4 Each pesticide operator shall keep its liability insurance in full force and effect as long as pesticide operations continue.

2402.5 Pesticide operators shall maintain liability insurance against bodily injury and property damage in amounts not less than the following:

(a) For bodily injury: $100,000 each person, $300,000 each occurrence; and

(b) For property damage: $15,000 each occurrence, $30,000 annual aggregate provision.

History

SOURCE: Section 7 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204, 2207 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2402

20 DCMR § 2403 PESTICIDE DEALERS: LICENSING

2403.1 Except as provided in § 2403.8, any person who distributes restricted-use pesticides to the ultimate user in the District of Columbia shall obtain a pesticide dealer’s license from the Department.

2403.2 Each manufacturer, registrant, or distributor whose restricted-use pesticide products are distributed or who distributes restricted-use pesticide products in the District and who has no pesticide dealer outlet licensed within the District, shall obtain a pesticide dealer’s license from the Department for the manufacturer, registrant, or distributor’s principal out-of-state location or outlet.

2403.3 Each applicant for a pesticide dealer’s license shall apply in writing on a form prescribed by the Department.

2403.4 The Department shall not issue a pesticide dealer’s license unless an applicant has submitted a completed application as specified in § 2403.3 and paid the fee set forth in § 2520.

2403.5 Each applicant for a pesticide dealer’s license shall pay an annual fee to the Department in the amount specified in § 2520.

2403.6 A pesticide dealer shall be liable for the acts of each of the dealer’s employees in the marketing and sale of restricted-use pesticides and for all claims and recommendations for the use of restricted-use pesticides.

2403.7 A pesticide dealer shall not sell or transfer any restricted-use pesticide to any person other than a certified and licensed applicator or the certified and licensed applicator’s authorized representative presenting the applicator’s proof of certification.

2403.8 The provisions of this section shall not apply to a certified and licensed pesticide operator who sells restricted-use pesticides only as an integral part of the pesticide operator’s pesticide application service or to any District or other governmental agency that provides pesticides only for its own programs.

History

SOURCE: Section 8 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2403

20 DCMR § 2499 DEFINITIONS

2499.1 The meanings ascribed to the definitions appearing in § 2299 of Chapter 22 of this title shall apply to the terms in this chapter.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2499

20-25 PESTICIDE CONTROL - ADMINISTRATION AND ENFORCEMENT

20 DCMR § 2500 GENERAL ADMINISTRATIVE AND ENFORCEMENT AUTHORITY

2500.1 This chapter applies to the administration and enforcement of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), and of the rules promulgated to carry out the provisions of the Act, set forth in Title 20, Chapters 22 through 25 of the District of Columbia Municipal Regulations.

2500.2 The Department may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government or the District, or with any agency of a state, to obtain assistance in the implementation of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.); the Pesticide Operation Regulations, Chapters 22 through 25 of this title; or in the enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

History

SOURCE: Sections 12 and 17 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2500

20 DCMR § 2501 RIGHT OF ENTRY, INSPECTION, SAMPLING, AND OBSERVATION

2501.1 For the purposes of carrying out and enforcing the law and rules described in § 2500.1, the Department shall have the right, upon presentation of appropriate credentials, to enter, inspect, sample, and observe, without delay, subject to § 2501.3, any place or vehicle where:

(a) There is present any pesticide, or any pesticide device, container, product, apparatus, or equipment that is stored, disposed of, used or intended for use in pest control activity, pesticide manufacture, or pesticide storage;

(b) The Department has reason to believe that pest control activity is being conducted, has been conducted, or will be conducted; or

(1) If it is marked as a pesticide application vehicle; or

(2) The Department has other reason to believe that the vehicle is involved in pest control activity.

2501.2 Appropriate credentials for making an inspection shall include:

(a) A duly issued photo identification card or badge showing the name of the inspector and proof of employment with the Department; or

(b) A notice of inspection issued by the Department.

2501.3 Entry by the Department may be made, with or without prior notice, as follows:

(a) At any time, in emergency situations, or where there is a potential immediate threat to public health, safety, or welfare, or the environment; and

(b) At any reasonable time in non-emergency situations. The following times shall be deemed reasonable for purposes of entry:

(1) Between the hours of 7:30 a.m. and 6:00 p.m. on weekdays;

(2) Any hours during which the place is open for business or operation; or

(3) In the case of a vehicle, any time the vehicle is being used in the course of business or operations, or any time the Department has reason to believe the vehicle is, has been, or will be involved in pest control activity.

2501.4 If a person denies access to any place or vehicle to the Department acting pursuant to the authority in the law and rules described in § 2500.1, the Department may apply for a search warrant in a court of competent jurisdiction, in addition to other actions authorized by law and regulations.

History

SOURCE: Sections 12, 13, and 19 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2501

20 DCMR § 2502 ENTRY FOR INSPECTION, SAMPLING, AND OBSERVATION

2502.1 Upon entry, the Department may do any of the following:

(a) Inspect the place or vehicle where the pesticide, pesticide equipment, or device is located, or will be located; any areas involved in pesticide control activity; and any surrounding areas that may be impacted;

(b) Inspect and obtain samples of any pesticide or pesticide equipment or device used in handling, transporting, applying, storing, or disposing of the pesticide, pesticide equipment or device;

(c) Inspect and copy or print out any record, including electronic records, reports, tapes, test results, or other documents or information relating to the purpose of the laws and rules described in § 2500.1; or

(d) Conduct interviews and obtain photographs, recordings, videos, or electronic documentation relating to the purpose of the law and regulations described in § 2500.1.

2502.2 If the Department obtains any samples from the premises or the vehicle, the Department shall give the owner, applicator, dealer, operator, supervisor, or agent in charge a receipt that describes the samples obtained, and if requested, a portion of each sample equal in volume or weight to the portion obtained.

2502.3 In addition to the information required to be produced during an inspection pursuant to § 2502.1, the Department may require in writing that an owner, applicator, dealer, operator, supervisor, technician, employee, or any other person involved in the activity being investigated, respond to specific questions or provide other information with respect to any of the pesticides, pesticide equipment or devices, or pesticide control activity as may be necessary to determine compliance with the law and rules described in § 2500.1.

2502.4 When the Department makes a written request for any document, response to specific questions, or other information pursuant to § 2502.3, the documents, responses, or other information shall be submitted to the Department within ten (10) days of receipt of the request, unless the Department specifies a different time period.

2502.5 The Department may require an owner, applicator, dealer, supervisor, operator, technician, employee, or any other person involved in an activity being investigated pursuant to § 2502.1 to take any necessary action to determine or facilitate compliance with the law and rules described in § 2500.1 or to protect public health, safety, or welfare, or the environment.

2502.6 When requiring action under § 2502.5, the Department may issue a field notice or directive letter that shall advise the recipient of the action the person is required to take and state the time period within which the action must be performed.

2502.7 Notwithstanding § 2502.6, the Department may give an oral directive to take immediate action to mitigate any hazard from any application, spill, release, or other pesticide control activity where there is potential serious danger to public health, safety, or welfare, or the environment; provided, that the Department shall, as soon thereafter as practicable, issue a written directive incorporating the contents of the oral directive.

2502.8 When a pesticide, pesticide device, equipment, or pesticide control activity poses an imminent threat to public health, safety, welfare, or the environment, the Department may post notice of the threat on the property and restrict access. The posting shall provide the public with notice that a dangerous condition exists and restrict entry, and the Department may prohibit the owner, applicator, dealer, operator, supervisor, technician, or employee from removing or handling the pesticide, pesticide device, or equipment, or from continuing the pesticide control activity until the Department has determined that the threat no longer exists.

History

SOURCE: Sections 12(d) – (g) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2502

20 DCMR § 2503 ENTRY FOR RESPONSIVE OR CORRECTIVE ACTION

2503.1 Pursuant to the Brownfield Revitalization Amendment Act of 2000, effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code § 8-631.01 et seq.), in the event of an application, spill, or release of a pesticide, or an alleged or threatened violation of the law and rules described in Subsection 2500.1, the Department may enter any place or vehicle to perform, or cause to be performed, any responsive or corrective action necessary to protect public health, safety, or welfare, or the environment:

(a) In a situation that requires immediate action by the Department to protect public health, safety, or welfare, or the environment; or

(b) When the person responsible for the application, spill, release, or alleged violation has failed or refused to comply with an administrative or court order requiring responsive or corrective action.

2503.2 Except as provided in § 2503.3, the Department shall provide notice in writing of the Department’s intent to enter the premises or vehicle to take responsive or corrective action to the owner, applicator, dealer, operator, supervisor, employee, or agent in charge at least seven (7) days before commencing work, and shall serve the notice personally or by first class mail, or where such service cannot be accomplished, by publication or posting.

2503.3 When an application, spill, or release of a pesticide, or an alleged or threatened violation of the law and rules described in § 2500.1, creates an imminent threat to public health, safety, or welfare, or the environment necessitating response or corrective action, and the emergency nature of the situation makes it impractical to give prior notice as described in § 2503.2, the Department may provide notice by conspicuously posting the notice on the property at the earliest time feasible, before commencing work.

History

SOURCE: Section 11 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2503

20 DCMR § 2504 ENFORCEMENT

2504.1 With respect to a matter governed by Chapters 22 through 25 of this title, a person adversely affected or aggrieved by an enforcement action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and requesting a hearing before, the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.01 et seq.), or OAH’s successor.

2504.2 The Department may pursue administrative enforcement actions through:

(a) Warning notices;

(b) Field notices or directive letters;

(d) Notices of violation;

(e) Compliance orders;

(f) Notices of violation combined with an immediate compliance order or stop sale, use, or removal order;

(g) Denial, suspension, or revocation of pesticide registration;

(h) Denial, modification, suspension, or revocation of a license;

(i) Notices of infraction;

(j) Enforcement notices; or

(k) Any other enforcement action authorized by law.

2504.3 A person aggrieved by an action of the Department shall file a written appeal with OAH within fifteen (15) calendar days of service of the action or no later than twenty (20) days after the date of the action if served by mail.

2504.4 For a denial, modification, suspension, or revocation of a license or certificate, the applicant, licensee, or certificate holder shall have seven (7) business days from the date of receipt of the notice of proposed action to file a written appeal with OAH.

2504.5 The filing of an administrative appeal shall not in itself stay an enforcement action of the Department. The appellant, however, may request a stay of the enforcement action according to the rules of OAH.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2504

20 DCMR § 2505 WARNING NOTICES; FIELD NOTICES OR DIRECTIVE LETTERS; STOP SALE, USE, OR REMOVAL ORDERS; NOTICES OF VIOLATION

2505.1 A warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation shall identify the alleged violation or threatened violation and may require the respondent to conduct monitoring or testing, or to take any responsive or corrective measures the Department determines reasonable and necessary.

2505.2 A warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation shall make clear the basis for the notice and that the respondent’s failure to take the measures directed will constitute an additional violation of the pertinent statute or regulation.

2505.3 The Department shall serve a warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation on the respondent or the respondent’s authorized representative in person or in a manner likely to insure receipt, including first class mail, fax with return receipt, email with return read receipt, or hand-delivery with certification of service.

(a) The Department shall send the notice to the last known address listed on the person’s application for certification or other official correspondence submitted to the Department; and

(b) The Department shall verify the accuracy of the address.

2505.4 After receipt of a stop sale, use, or removal order issued by the Department, no person shall sell, use, or remove the pesticide or device described in the order, except in accordance with the provisions of the order.

2505.5 When any pesticide, pesticide application, or pest control activity poses a threat to public health, safety, welfare, or the environment, and the responsible person, or the address of the responsible person, is unknown or cannot be located, the Department may serve written notice by conspicuously posting the notice on the property where the threat exists and sending a copy to the owner of the property at the owner’s last known address.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2505

20 DCMR § 2506 COMPLIANCE ORDER

2506.1 The Department may issue a compliance order if the respondent upon whom a warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation has been served fails to comply with any actions required in the notice, pursuant to the Brownfields Revitalization Amendment Act of 2000, effective April 8, 2011, as amended (D.C. Law 18-369; D.C. Official Code §§ 8-631 et seq.)).

2506.2 A compliance order shall:

(a) Include a statement of the facts and nature of the alleged violation;

(b) Allow a reasonable time for compliance with the order, consistent with the likelihood of any harm and the need to protect public health, safety, or welfare, or the environment;

(c) Advise the respondent that the respondent has the right to request an administrative hearing and, at the respondent’s expense, the right to legal representation at the hearing;

(d) Inform the respondent of any scheduled hearing date, or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the compliance order or failure to request a hearing;

(e) State the action that the respondent is required to take, or the activity or activities that the respondent is require to cease to comply with the order; and

(f) State that civil infraction fines, penalties, or costs may be assessed for failure to comply with the order.

2506.3 A compliance order shall state that the respondent is required to file a written answer to the compliance order, the time within which to respond, and the form of responses required.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 48 DCR 8744 (September 21, 2001); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2506

20 DCMR § 2507 DENIAL, SUSPENSION, MODIFICATION, AND REVOCATION OF CERTIFICATION AND LICENSE

2507.1 The Department shall initiate an action denying, suspending, modifying, or revoking a certification or license by issuing a notice of denial, suspension, modification, or revocation.

2507.2 Except as provided in § 2507.5, the notice of proposed denial, suspension, modification, or revocation shall be in writing, and shall include the following:

(a) The name and address of the holder of the license;

(b) A statement of the action or proposed action and the effective or proposed effective date and duration of the denial, suspension, modification, or revocation;

(d) Notice that the respondent has a right to request an administrative hearing before the District of Columbia Office of Administrative Hearings (OAH), in accordance with Rules of Practice and Procedure of OAH set forth in Chapter 28 of Title 1 of the District of Columbia Municipal Regulations;

(e) A statement that the respondent has the right, at the respondent’s expense, to legal representation at the hearing; and

(f) Information notifying the respondent of any scheduled hearing date or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the suspension or immediate revocation, if applicable.

2507.3 The Department may issue a notice of denial, suspension, modification, or revocation:

(a) To protect the public health, safety, welfare, or the environment;

(b) If the applicant or license holder is in violation or threatened violation of the law and rules described in § 2500.1;

(c) If the applicant or license holder violates the provisions of § 2208 more than once in a calendar year in a manner that endangers human health or the environment, pursuant to D.C. Official Code § 8-418(b);

(d) If the applicant or license holder has been convicted under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), or is subject to a final order imposing a civil penalty under FIFRA; or

(e) To correct an error in the terms and conditions of the certification or license.

2507.4 Pursuant to § 2504, the applicant or license holder shall have fifteen (15) calendar days from the date of service of the notice of denial, suspension, modification, or revocation to request a hearing with OAH to show cause why the certification or license should not be denied, revoked, modified, or suspended.

2507.5 The Department may immediately suspend a certification or license to protect the public health, safety, or welfare, or the environment. The suspension shall be immediately effective pending further investigation.

2507.6 The Department may serve a notice of modification, suspension, or revocation in addition to any other administrative or judicial penalty, sanction, or remedy authorized by law.

2507.7 The Department shall not reissue a certification or license to any person whose certification and license has been revoked until after at least one hundred eighty (180) days following the revocation.

2507.8 The Department shall not reissue a certification or license to any person whose license has been revoked until the applicant has been recertified in accordance with the recertification provisions contained in Chapter 23 (Pesticide Applicators).

2507.9 An appeal to OAH pursuant to this section shall be subject to the requirements of § 2504.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2507

20 DCMR § 2508 CONDEMNATION PROCEEDINGS

2508.1 In addition to the enforcement actions set forth in this chapter, the Department may seize for confiscation by a process in rem for condemnation, any pesticide, pesticide device or equipment that is being transported or, having been transported, remains unsold or in original unbroken packages, is being sold or offered for sale in the District of Columbia, or that is imported from a foreign country.

2508.2 Any pesticide device or equipment may be proceeded against as provided in this section if it is misbranded.

2508.3 A pesticide may be proceeded against as provided in this section under the following circumstances:

(a) If it is adulterated or misbranded;

(b) If it is not registered pursuant to the provisions of the law and rules described in § 2500.1;

(c) If its labeling fails to bear the information required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);

(d) If it is not colored or discolored, and the coloring or discoloring is required under FIFRA; or

(e) If any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration.

2508.4 Any pesticide, pesticide device or equipment may be proceeded against as provided in this section even when used in accordance with the requirements imposed under the law and rules described in § 2500.1 and as directed by the labeling, if the pesticide, pesticide device or equipment causes unreasonable adverse effects on the environment.

2508.5 In the case of a plant regulator, defoliant, or desiccant that is used in accordance with the label claim and recommendations, physical or physiological effects on plants or parts of the plants shall not be deemed to be unreasonable adverse effects on the environment when the effects are the purpose for which the plant regulator, defoliant, or desiccant was applied.

2508.6 If the pesticide, pesticide device or equipment is condemned pursuant to this section, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct; and the proceeds, if sold, less the court costs, shall be paid into the District Treasury and credited to the general fund. A pesticide, pesticide device or equipment sold pursuant to this subsection shall not be sold in violation of the provisions of the law and rules described in § 2500.1, FIFRA, or the laws of the jurisdiction in which it is sold.

2508.7 Upon payment of the costs of the condemnation proceedings and the execution and delivery of a good and sufficient bond conditioned upon assurances that the pesticide shall not be sold or otherwise disposed of contrary to the provisions of the law and rules described in § 2500.1, FIFRA, or the laws of any jurisdiction in which it is sold, the court may direct the pesticide, pesticide device or equipment to be delivered to the owner.

2508.8 The proceedings of condemnation cases shall conform, as nearly as possible, to the proceedings used for the condemnation of insanitary buildings under An Act to create a board for the condemnation of insanitary buildings in the District, and for other purposes, approved May 1, 1906, as amended, D.C. Official Code Title 6, Chapter 9.

2508.9 When a decree of condemnation is entered against the pesticide, pesticide device or equipment, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide, pesticide device or equipment.

History

SOURCE: Sections 10 and 14 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2508

20 DCMR § 2509 PENALTIES AND INJUNCTIVE RELIEF FOR FAILURE TO COMPLY WITH FINAL ADMINISTRATIVE ORDER

2509.1 The Department may seek a temporary restraining order, preliminary injunction, permanent injunction, or other appropriate relief in any court of competent jurisdiction, or any administrative, civil, or criminal penalty, or other remedy authorized by the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.) or other legal authority, including for failure to comply with a final compliance order; stop sale, use, or removal order; or final modification, suspension, or revocation issued pursuant to this chapter.

History

SOURCE: The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2509

20 DCMR § 2510 CIVIL INFRACTION FINES, PENALTIES, AND FEES PURSUANT TO THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS CIVIL INFRACTIONS ACT

2510.1 A person violating a provision of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), as amended, or the Pesticide Operation Regulations, Chapters 22 through 25 of this title, shall be fined according to the schedule set forth in Title 16 of the District of Columbia Municipal Regulations, or be imprisoned for not more than ninety (90) days, or both.

2510.2 Where civil infraction fines are the only penalties pursued in a particular case, the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.), and the regulations adopted thereunder govern the proceedings in lieu of this chapter, and where there is a violation, a notice of infraction may be issued without first issuing a notice of violation or threatened violation.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2510

20 DCMR § 2511 JUDICIAL ACTION IN LIEU OF ADMINISTRATIVE ENFORCEMENT

2511.1 The Department may bring an action in Superior Court of the District of Columbia to enjoin the violation or threatened violation of any provision of the law or rules described in § 2500.1.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2511

20 DCMR § 2512 SETTLEMENT AGREEMENTS AND CONSENT COMPLIANCE ORDERS

2512.1 At any time after the issuance of a notice or order listed in § 2504.2, the parties to the proceeding may enter into a settlement agreement or consent compliance order.

2512.2 A settlement agreement or consent compliance order, including a consent compliance decree, shall set forth each of the agreements made, actions to be taken by the parties to the agreement, the dates by which any required actions must be undertaken or completed, and any agreed-upon fines, penalties, cost recovery, damages, attorney’s fees, costs and expenses, interest, supplemental environmental project, or any other sanction or remedy authorized by law.

2512.3 A settlement agreement shall be effective when signed by the parties and shall not require the signature of an administrative law judge of the District of Columbia Office of Administrative Hearings or a judge of a court of competent jurisdiction to become effective or to be filed in the case.

2512.4 A settlement agreement may be submitted to a court of competent jurisdiction for approval.

2512.5 The parties may enter into a consent compliance order with the approval of a court of competent jurisdiction.

2512.6 A consent compliance order shall be signed by the parties to the case and by the judge and shall have the force and effect of any judicial order.

2512.7 Unless the consent compliance order states otherwise, there shall be no right of appeal from a consent compliance order.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2512

20 DCMR § 2513 COMPUTATION OF TIME

2513.1 Except as provided in § 2219.2, this section applies to all periods of time prescribed or allowed by the Pesticide Operation Regulations, Chapters 22 through 25 of this title.

2513.2 In computing any period of time measured in days or calendar days, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

2513.3 For any period of time that is measured in days or calendar days, the last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation, unless the period of time is measured in calendar days.

2513.4 Whenever a person has the right or the obligation to do some act within a prescribed period after the service of an order or other paper upon the person, and the order or other paper is served by United States mail or third party commercial carrier, five (5) days shall be added to the prescribed period, unless a statue provides otherwise.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2513

20 DCMR § 2514 LICENSE RENEWAL

2514.1 The Department will mail each license holder an application for renewal of a license not less than thirty (30) days before the expiration of the current license period.

2514.2 Failure to receive an application to renew a license shall not relieve the license holder of his or her responsibility to renew any license and pay the appropriate fee.

2514.3 A person who fails to file a renewal application on or before the first day of any licensure period shall be subject to the late fee specified in § 2520.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2514

20 DCMR § 2515 PESTICIDE EDUCATION REPORTING

2515.1 [RESERVED].

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2515

20 DCMR § 2516 RECORDKEEPING AND REPORTING REQUIREMENTS

2516.1 Any person applying pesticides, other than those excluded in Subsection 2300.8 (a), (b), or (d), shall maintain records for a minimum of two (2) years containing the following information:

(a) Name or identification of applicator and certification number;

(b) Name of supervising certified applicator and certification number, as applicable;

(d) Date of application, including the month, day, and year;

(e) Time of application;

(f) Type of plant, animal, or structure treated and target pest;

(g) Acreage, or number of plants or animals, or a description of or square or cubic footage of the structure treated;

(h) Wind direction, estimated velocity, and weather conditions;

(i) Pesticide applied (the name brand) and the type of formulation;

(j) Classification of pesticide used, whether restricted-use, District restricted use, or non-essential;

(k) Dilution rate of the product as applied (the percent of active ingredient);

(l) The amount of diluted material applied;

(m) The type of equipment used; and

(n) The Environmental Protection Agency registration number of product used.

2516.2 Each person shall, upon written request from the Department, furnish the Department with copies of any requested records within 24 hours of the request.

2516.3 The records required in this chapter shall be subject to inspection by the Department in accordance with § 2501.3.

2516.4 Each licensee, permit holder, or certified applicator, shall immediately notify the Department in writing if there is any change in business ownership, name, address, or phone number.

2516.5 If an applicator or operator goes out of business, he or she shall immediately transfer all the pesticide application records in his or her possession to the Department.

2516.6 The pesticide operator shall file and maintain sales invoices provided to customers separately from the records required in § 2516.1, for a minimum of three (3) years.

2516.7 The applicator or operator shall provide the Department with written notification of any significant pesticide accidents or incidents within 24 hours of occurrence.

2516.8 The Department shall preserve the required records for not less than ten (10) years.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2516

20 DCMR § 2517 RECORDS OF RESTRICTED USE PESTICIDES

2517.1 Dealers of restricted use pesticides shall keep and maintain for a period of three (3) years records of each transaction involving restricted use pesticides and shall then transfer the records to the Department.

2517.2 For each restricted use pesticide transaction, the dealer shall record the following information:

(a) Name, address, license number, license expiration date, issuing jurisdiction, and categories of certification, of the licensed certified applicator to whom the restricted use pesticide was distributed or sold;

(b) Pesticide product distributed or sold in the transaction (the brand name), the Environmental Protection Agency registration number, the type of formulation, and any applicable emergency exemption or State special local need registration number;

(d) The date of the transaction.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2517

20 DCMR § 2518 PESTICIDE REGISTRATION FEES AND TERMS

2518.1 The registration for each pesticide registered pursuant to §§ 2202 and 2203 shall be issued for a period of one (1) year, beginning on January 1 and expiring on December 31.

2518.2 The annual registration fee for each pesticide shall be two hundred and fifty dollars ($250), payable to the Department.

2518.3 If the renewal of a pesticide registration is not filed before January 31 of any year, an additional fee equal in amount to the registration fee shall be assessed and added to the original fee, and shall be paid by the applicant before the registration renewal for that pesticide shall be issued.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2518

20 DCMR § 2519 CERTIFICATION EXAMINATION FEES

2519.1 A thirty-dollar ($30) fee shall be charged for the core certification and each category examination for registered technicians and pesticide applicators.

2519.2 A ten-dollar ($10) fee shall be charged for each re-examination session.

2519.3 An applicant applying as an employee of a District agency shall not be required to pay a certification fee.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2519

20 DCMR § 2520 PESTICIDE CERTIFICATION AND LICENSING FEES AND TERMS

2520.1 Except as provided in § 2520.2, pesticide certifications are valid for a period of one (1) year.

2520.2 Pesticide certifications issued pursuant to § 2307 are valid for a period of two (2) years.

2520.3 Beginning January 1, 2016, the following pesticide licenses shall be valid for a period of one (1) year and shall be subject to the following fee schedule:

(a) Pesticide Operator:

(1) Commercial: $215

(2) Public: No Charge

(b) Pesticide Applicator:

(1) Commercial: $135

(2) Public: No Charge

2520.4 Beginning January 1, 2016, the following pesticide license shall be valid for a period of two (2) years from the effective date of the license, and shall be subject to the following fee schedule:

(a) Private Applicator: $135

2520.5 The following registration shall be valid for a period of three (3) years from the effective date, and shall be subject to the following annual fee:

(a) Registered technician: $33

2520.6 The late fee for failing to file a renewal application on or before the first day of any licensure period is twenty dollars ($20) per application.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2520

20 DCMR § 2599 DEFINITIONS

2599.1 The meanings ascribed to the definitions appearing in § 2299 of Chapter 22 of this title shall apply to the terms in this chapter.

History

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20 DCMR § 2599

20-26 FIRE-STANDARD-COMPLIANT CIGARETTES

20 DCMR § 2600 GENERAL PROVISIONS

2600.1 This chapter shall apply to manufacturers and retail and wholesale dealers of cigarettes sold or offered for sale in the District of Columbia after July 1, 2008, except as provided in § 2600.3.

2600.2 This chapter governs the possession, manufacture, storage, handling, sale, and use of fire-standard-compliant cigarettes.

2600.3 A wholesale dealer or retail dealer may continue to sell after July 1, 2008, cigarettes that are not labeled as fire-standard-compliant cigarettes, provided that the cigarettes were part of its inventory on or before July 1, 2008, and the dealer can demonstrate each of the following:

(a) Tax stamps were fixed to the cigarettes before July 1, 2008, and

(b) The dealer purchased the inventory before July 1, 2008, in comparable quantity to the inventory purchased during the same period of the prior year.

2600.4 A manufacturer may continue to manufacture cigarettes that are not fire-standard-compliant, provided that the cigarettes will be stamped for sale outside of the District of Columbia and the manufacturer has taken reasonable steps to ensure that the cigarettes will not be sold in the District. A wholesale dealer may continue to sell cigarettes that are not fire-standard-compliant, provided that the dealer has taken reasonable steps to ensure that the cigarettes will be sold outside of the District.

2600.5 This chapter shall not apply to cigarettes distributed solely for the purpose of consumer product testing.

History

SOURCE: Final Rulemaking published at 54 DCR 10012 (September 26, 2008).

20 DCMR § 2601 FIRE-STANDARD-COMPLIANT CIGARETTES

2601.1 No person shall sell or offer for sale a cigarette unless:

(a) The cigarette has been tested by a method approved under § 2602;

(b) The cigarette satisfies the performance standards required by § 2602;

(d) The cigarette bears fire-standard-compliant markings as required by § 2603.

History

SOURCE: Final Rulemaking published at 54 DCR 10012 (September 26, 2008).

20 DCMR § 2602 TESTING AND PERFORMANCE STANDARDS

2602.1 The testing methods and performance standards for cigarettes to be sold or offered for sale in the District shall be as follows:

(a) A laboratory that conducts a test under this section shall implement a quality control and quality assurance program;

(b) Except as provide in § 2602.2, manufactures shall test cigarettes to determine compliance with this chapter in accordance with the American Society of Testing and Materials (ASTM) "Standard Test for Measuring the Ignition Strength of Cigarettes" (ASTM Standard E2187-04);

(d) No more than twenty-five per cent (25%) of the cigarettes tested in a test trial shall exhibit fill-length burns;

(e) The performance standard required by this section shall apply only to a complete test trial; and

(f) A complete test trial shall consist of forty (40) replicate tests for each cigarette tested.

2602.2 If the Chief determines that a manufacturer's cigarettes cannot be tested according to the test method prescribed by § 2602.1, the Chief may approve a test method or performance standard the manufacturer, or another entity, proposes if the Chief determines that the alternative method is equivalent to and as effective as the test method or performance standard prescribed by § 2602.1.

2602.3 If the Chief approves an alternative test method or performance standard, the manufacturer may use that test method or performance standard as the test method or performance standard required by § 2602.1

History

SOURCE: Final Rulemaking published at 54 DCR 10012 (September 26, 2008).

20 DCMR § 2603 CERTIFICATION, PACKAGING, AND MARKING

2603.1 A manufacturer shall submit a written certificate to the Chief attesting that its cigarettes have been tested according to an approved method under § 2602 and has achieved the required performance standard for sale in the District. A cigarette certified under this subsection shall be recertified every 3 years.

2603.2 A cigarette that is listed for certification under § 2603.1 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standards in § 2602 shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters (15 mm.) from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two (2) bands fully located at least fifteen millimeters (15 mm.) from the lighting end and ten millimeters (10 mm.) from the filter end of the tobacco column, or ten millimeters (10 mm.) from the labeled end of the tobacco column for non-filtered cigarettes.

2603.3 A cigarette manufacturer shall submit a complete description of each cigarette being certified, including the:

(a) Brand;

(b) Style;

(d) Circumference in millimeters;

(e) Flavor, if applicable;

(f) Filter or non-filter;

(g) Package description, such as a soft pack or box; and

(h) Mark required pursuant to § 2603.5.

2603.4 Packaging for certified fire-standard-compliant-cigarettes shall be marked in eight (8) point type or larger to indicate that the cigarettes have been tested using the test method and meet the performance standard required by this chapter.

2603.5 A manufacturer shall use only one (1) mark and the mark shall consist of:

(a) The letters "FSC," which signify that the cigarette is fire-standard-compliant: or

(b) Any mark approved for sale in New York State or another state that has enacted fire-standard-compliance standards for cigarettes that include the test method and performance standard specified in § 2602.

History

SOURCE: Final Rulemaking published at 54 DCR 10012 (September 26, 2008).

20 DCMR § 2604 DATA REQUIREMENTS

2604.1 A manufacturers shall retain and make data available as follows:

(a) Retain data from tests conducted on cigarettes that are offered for sale in the District pursuant to this chapter for three (3) years; and

Make data available to the Chief and the Attorney General upon written request to verify compliance with the performance standard required under § 2602.

History

SOURCE: Final Rulemaking published at 54 DCR 10012 (September 26, 2008).

20 DCMR § 2605 PENALTIES

2605.1 A manufacturer or wholesale dealer who knowingly fails to comply with the provisions of the Act or of this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each violation and not to exceed one hundred thousand dollars ($100,000) for all violations within a thirty (30) day period. Each day of violation shall constitute a separate offense. This penalty shall apply for a violation of D.C. Official Code § 7-1755(b) for each day after the sixtieth (60th) day of noncompliance.

2605.2 A retail dealer who knowingly fails to comply with the provisions of the Act or of this chapter shall be subject to a civil penalty not to exceed five thousand dollars ($5,000) for each violation and not to exceed twenty-five thousand dollars ($25,000) for all violations within a thirty (30) day period. Each day of violation shall constitute a separate offense.

2605.3 A manufacturer that knowingly makes a false certification under § 2603.1 shall be subject to a minimum civil penalty of seventy-five thousand dollars ($75,000) and a maximum civil penalty of two hundred and fifty thousand dollars ($250,000) for each knowing false certification.

2605.4 The Chief, law enforcement personnel, or other duly authorized representatives of the Mayor may seize and take possession of cigarettes that do not bear proper markings as required by § 2603. Cigarettes seized pursuant to this subsection shall be turned over to the Attorney General for forfeiture to the District and destruction. Before cigarettes seized under this section are destroyed, the true holder of the trademark rights in the cigarette brand may inspect the cigarettes.

History

SOURCE: Final Rulemaking published at 54 DCR 10012 (September 26, 2008).

20 DCMR § 2606 INSPECTIONS

2606.1 Inspections of wholesale and retail dealers shall be conducted on a random basis by the Chief or any other law enforcement or government entity authorized by the Chief.

History

SOURCE: Final Rulemaking published at 54 DCR 10012 (September 26, 2008).

20 DCMR § 2699 DEFINITIONS

2699.1 When used in this chapter, the following terms shall have the meanings ascribed:

Act - the Fire-Standard-Compliant Cigarettes Act of 2008, effective May 13, 2008 (D.C. Law 17-157; D.C. Official Code § 7-1751 et seq.).

Chief - the Chief of the Fire and Emergency Medical Services Department.

Cigarette - a product that contains any amount of nicotine, regardless of size, shape, or presence of other ingredients, that is intended to be burned or heated and consists of or contains any roll of tobacco wrapped in paper, or in any other substance other than tobacco, and because of its appearance, the type of tobacco used, and its packing or labeling is offered to or purchased by consumers for smoking.

Consumer testing - an assessment of cigarettes that a manufacture conducts or is under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarette, utilizing only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing.

Fire-standard-compliant-cigarette - a cigarette that has been tested pursuant to, and has met the performance standards of, the Act and its implementing rules.

Manufacturer - a person or entity that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced, whether in or outside the District, for sale in the District, directly or through an importer, wholesale dealer, or retailer dealer, including any first purchaser that intends to resell cigarettes.

Quality control and quality assurance program - Laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and that maintain a repeatability value of no greater than nineteen hundredths (0.19).

Repeatability - a range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.

Retail dealer - a person, other than a manufacturer or wholesale dealer, engaged in the sale of cigarettes.

Sale or selling - a transfer of title or possession, or both, exchange or barter, conditional or otherwise, including the giving of cigarettes as samples, prizes, or gifts and the exchange of cigarettes for any consideration.

Wholesale dealer - a person, including a wholesale dealer's agent that sells cigarettes to retail dealers or other persons for resale, including any person that owns, operates, or maintains a cigarette vending machine in the District of Columbia.

History

SOURCE: Final Rulemaking published at 54 DCR 10012 (September 26, 2008).

20-27 NOISE CONTROL

20 DCMR § 2700 GENERAL PROVISIONS

2700.1 It is the declared public policy of the District that every person is entitled to ambient noise levels that are not detrimental to life to life, health, and enjoyment of his or her property. It is hereby declared that excessive or unnecessary noises within the District are a menace to the welfare and prosperity of the residents and businesses of the District. It is the declared public policy of the District to reduce the ambient noise level in the District to promote public health, safety, welfare, and the peace and quiet of the inhabitants of the District, and to facilitate the enjoyment of the natural attraction of the District.

2700.2 It is the intent of the Council of the District of Columbia that D.C. Law 2-53 (the "Act") be liberally construed to carry out its general purpose.

2700.3 Certain noise-producing activities are subject to limitations other than the general decibel limitations pursuant to § 2701. The activities set forth in §§ 2702 through 2704, and §§ 2800 through 2807 are subject to the noise disturbance standard or other specific limitations and include, among others, the use of musical instruments, loud speakers, amplifiers, or unamplified speech, construction (which is subject to specific decibel limitations), and use of vehicle-mounted loud speakers or amplifiers (which are subject to the noise disturbance standard during permitted hours). All other noise-producing activities are subject to the general decibel limitations set forth in §§ 2701 and 2810.

2700.4 The agency that administers the noise control program shall conduct programs of public education regarding the following:

(a) The causes, effects, and general methods of abatement and control of noise and vibration;

(b) The actions prohibited by the Act; and

2700.5 The agency that administers the noise control program shall encourage the participation of public interest groups in related public information efforts.

2700.6 The agency that administers the noise control program shall request any other department or agency responsible for any proposed or final standard, regulation, or similar action to consult with it on the advisability of revising the action, if there is reason to believe that the action is not consistent with Chapters 27 and 28 of this subtitle.

2700.7 The agency that administers the noise control program shall establish and publish on or before November 15, 1978, the test procedures to be used for measuring sound levels to determine compliance with Chapters 27 and 28 of this subtitle.

2700.8 The test procedures for measuring sound levels, as required by § 2700.7, shall be revised periodically, as necessary.

2700.9 The public shall be given thirty (30) days to comment on all proposed test procedures before they are made final.

2700.10 On or before May 15, 1979, the agency that administers the noise control program shall establish noise assessment guidelines for the evaluation of proposed projects for the capital improvements budget and program.

2700.11 The guidelines required by § 2700.10 may be used in the determination of the relative priority of each project in terms of noise impact.

2700.12 The agency that administers the noise control program shall evaluate and report to the Council of the District of Columbia every year on the effectiveness of the noise control program, and shall make recommendations for any legislative or budgetary changes necessary to improve the program.

2700.13 Noise of safety signals, emergency pressure relief valves, and warning or alarm devices shall be exempt (including horns when necessary as a danger warning); Provided, that no person shall knowingly permit the noise to be made or to continue beyond that necessary for the emergency safety purpose, or necessary testing.

2700.14 Unless specifically provided otherwise by the Act, a sound that constitutes a noise disturbance shall be considered a violation of the Act.

2700.15 The Mayor shall consult with the Administrator of the Federal Aviation Administration to recommend changes in airport operations to minimize noise disturbances resulting from the landing and the taking off of planes at the Washington National Airport.

2700.16 The Mayor shall require all departments responsible for a capital improvements budget and program to prepare an analysis of the noise impact of any proposed capital projects in accordance with noise assessment guidelines established by the administering agency pursuant to §§2700.3 through 2700.12 of this chapter.

2700.17 For the purposes of this section, the term "proposed capital projects" includes land acquisition, building construction, highway improvements, and fixed equipment installation.

2700.18 All contracts signed by the District for capital projects shall contain provisions requiring compliance with the Act.

2700.19 The Mayor shall ensure that any written contract, agreement, purchase order, or other instrument by which the District is committed to the expenditure of monies in return for goods or services shall contain provisions requiring compliance with the Act.

2700.20 Noise levels under the Act may be measured by any official designated by the Mayor or by any person who is a qualified acoustical engineer who holds a certificate of registration as a professional engineer issued by the District. The measurements shall be admissible as evidence in any civil, criminal, or administrative proceeding relating to the enforcement of any provision of the Act.

2700.21 Nothing in this act shall be construed as repealing or limiting the effectiveness of noise limiting provisions contained in the D.C. Harbor Regulations (DCMR Title 19).

2700.22 Each separate provision of Chapters 28 and 29 of this subtitle shall be considered independent of any other provision of those chapters and, if all or part of any provision, sentence, clause, or section is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, the illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of those chapters or their application to other parts or circumstances.

2700.23 It is the legislative intent that the Act would have been enacted if an illegal, invalid, or unconstitutional provision, sentence, clause, section, or part had not been included in the Act, and if the person or circumstances to which all or part of the Act is inapplicable had been specifically exempted from the Act.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved January 26, 1887, 24 Stat. 368, ch. 49, as amended; D.C. Code § 1-315 (1992 (Repl. Vol.); the §§ 422(6) and 422(11) of the District of Columbia Self-Government and Governmental Reorganization Act; the District of Columbia Noise Control Act of 1977, D.C. Law 2-53; as amended; Mayor's Order 79-28 dated February 5, 1979.
SOURCE: Sections 2, 4,5, 7, 9, 15, 16 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293 (December 30, 1977); as amended by § 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727, 3728 and 3730 (July 19, 1996).
EDITOR'S NOTE: Chapter 30, Noise Control was renumbered Chapter 27.

20 DCMR § 2701 MAXIMUM SOUND LEVELS

2701.1 Except for person engaged in the noise-producing activities that are subject §§ 2702 through 2704, and §§ 2800 through 2807 of this subtitle, no person shall cause, suffer, or permit any sound that emanates from an operation, activity, or noise source under his or her control to exceed the maximum permissible sound level established in the following table as applicable for the time of day or night and the zoning location where the noise originates. For the purposes of this subsection, the source level shall be measured at the property line of the property on which the noise source is located or as close as is practicable if there is an obstruction. Sound levels shall be measured according to the test procedures prescribed by the administering agency established under § 2700:

ZONE

MAXIMUM NOISE LEVEL

Daytime

Nighttime

Commercial or light- manufacturing zone

65 dB(A)

60 dB(A)

Industrial zone

70 dB(A)

65 dB(A)

Residential, special

purpose, or waterfront zone

60 db(A)

55 db(A)

2701.2 For the purposes of this section, the sound level shall be measured at the property line of the property on which the noise source is located, or as close as is practicable if there is an obstruction.

2701.3 Sound levels shall be measured according to the test procedures prescribed by the administering agency established under § 2700.3 of this subtitle.

2701.4 If a sound can be measured in a contiguous noise zone that has a more restrictive noise limitation than that from which the noise emanates, the sound level measurement at the zone line shall not exceed that established for the more restrictive zone.

2701.5 If the sound emanates from a source within an area for which the maximum permissible sound level has not been established, the maximum level shall be sixty (60) dB (A).

2701.6 Unless restricted by another section of Chapters 27 and 28 of this subtitle, sounds emanating from a street or highway shall not exceed the most restrictive sound level established for the property bordering the street or highway.

2701.7 Noise emanating from inside a motor vehicle shall be measured at a distance of not less than fifty feet (50 ft.) from the vehicle.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293 (December 30, 1977); as amended by §2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727 (July 19, 1996).

20 DCMR § 2702 EXEMPTIONS: PRE-EXISTING SOURCES

2702.1 Sounds emanating from pre-existing sources shall, to the extent indicated, be exempt from the specific noise limitations contained in § 2701 of this chapter; Provided, that the exemption shall not preclude enforcement under any other section of Chapters 27 and 28 of this subtitle.

2702.2 Pre-existing sources shall be exempt for one hundred and twenty (120) days after May 15, 1978.

2702.3 Any owner or person in control of a pre-existing source that exceeds the maximum permissible sound levels as prescribed in §2701 of this chapter shall, within one hundred and twenty (120) days after May 15, 1978, file with the Mayor a written plan for the Mayor's approval for the reduction of those sound levels to the maximum permissible levels.

2702.4 Each plan submitted pursuant to § 2702.3 shall include a time schedule for the accomplishment of the reduction of noise levels, and shall provide for periodic increments of progress. The Mayor shall treat the plan as a request for a variance as provided in § 2706 of this chapter.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24, DCR 5293, 5304 (December 30, 1977).

20 DCMR § 2703 EXEMPTIONS: VEHICLES USING ONLY RAILS AND TRACKS

2703.1 Sounds emanating from vehicles using only rails and tracks shall, to the extent indicated, be exempt from the specific noise limitations contained in § 2701 of this chapter; Provided, that the exemption shall not preclude enforcement under any other section of Chapters 27 and 28 of this subtitle.

2703.2 Vehicles propelled only upon rails and tracks shall be exempt at all times.

2703.3 Railroad cars operated by the Washington Metropolitan Area Transit Authority shall be operated in a manner so as not to emit maximum noise levels in excess of those established in the following table when measured at a distance of one hundred feet (100 ft.) from the center line of the track, or at the nearest property line, whichever is the greater distance from the center line of track.

ZONE

MAXIMUM NOISE LEVEL

Residential, special

purpose, or waterfront zone

75 dB(A)

Commercial or light-

manufacturing zone

80 dB(A)

Industrial zone

90 dB(A)

2703.4 In taking a measurement pursuant to § 2703.3, the slow meter response of the sound level meter shall be used, and the measurement shall be taken approximately five feet (5 ft.) above grade.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5305 (December 30, 1977).

20 DCMR § 2704 EXEMPTIONS: MISCELLANEOUS

2704.1 Sounds emanating from the sources covered in this section shall, to the extent indicated, be exempt from the specific noise limitations contained in § 2701 of this chapter; Provided, that no exemption shall preclude enforcement under any other section of Chapters 27 and 28 of this subtitle.

2704.2 Individual pieces of construction equipment shall be exempt at all times. They shall be operated so as to comply with the noise limits established in § 2802 of this subtitle.

2704.3 Noise of safety signals, emergency pressure relief valves, and warning or alarm devices shall be exempt (including horns when necessary as a danger warning); Provided, that no person knowingly shall permit a noise to be made or to continue beyond that necessary for the emergency safety purpose, or necessary testing.

2704.4 Noise resulting from any authorized emergency vehicle, when responding to an emergency call or acting in a time of emergency, shall be exempt; Provided, that this subsection shall not be construed to permit law enforcement, ambulance, fire, or other emergency or official personnel to make excessive noise in the performance of their duties when the noise clearly is unnecessary.

2704.5 Noise resulting from emergency work shall be exempt at all times.

2704.6 The use or operation of portable power tools, home snow removal equipment, power garden excluding leaf blowers devices, and other powered equipment for minor repairs or minor improvements of real or personal residential property shall be exempt on weekdays (excluding Saturdays) during the daytime and from 9:00 a.m. to 9:00 p.m. on Saturdays, Sundays, and legal holidays.

2704.7 Motor vehicles and motorcycles shall be exempt at all times. They shall be properly maintained and operated so as to comply with the noise limits established in Chapter 28 of this subtitle.

2704.8 The unamplified voice shall be exempt at all times.

2704.9 Noise resulting from the use of bull-horn amplifiers, permanently installed public address systems, whistles, or other devices, by personnel of the District government, the U.S. government, or other public agencies acting in their official capacities shall be exempt.

2704.10 Church bells or music connected with worship or official church ceremonies shall be exempt; provided, that this exemption shall not apply to music which is amplified through electronic sound systems.

2704.11 Noise emanating from solid waste compactors shall be exempt at all times until standards are developed and promulgated by the administering agency pursuant to § 2704.13.

2704.12 After giving a thirty (30) day notice, and within six (6) months after federal regulations for solid waste compactors are made final, the administering agency shall develop and promulgate standards for solid waste compactors. In developing the standards, the agency shall use the federal regulations for solid waste compactors as a guideline.

2704.13 Noise resulting from the operation of emergency generator equipment, when its use is required to protect the health and safety of persons, shall be exempt. Noise resulting from necessary testing of emergency generator equipment shall be exempt on weekdays (excluding holidays) between the hours of 4:00 p.m. and 6:30 p.m.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5306 (December 30, 1977); as amended by § 2 of the District of Columbia Noise Control Amendment Act of 1977, D.C. Law 9-135, 39 DCR 4079 (June 12, 1992).

20 DCMR § 2705 VARIANCES AND TEMPORARY EXEMPTIONS

2705.1 The Mayor, upon application by a person, may grant a variance or a temporary exemption from the maximum permissible noise levels or time limitations established in the Act when strict compliance with these provisions would impose an undue hardship on the applicant, on the community, or on other persons. The decision of the Mayor shall be in writing and shall include a statement of the reasons for the action taken.

2705.2 In determining whether or not strict compliance with these provisions would impose an undue hardship, the Mayor shall balance the degree of hardship against the harm that would be caused by the granting of a variance or a temporary exemption. In making this determination, the Mayor shall consider the following:

(a) The location;

(b) The time of day when the noise will occur;

(d) The possible obstruction or interference with vehicular or pedestrian traffic;

(e) The feasibility of bringing the noise into conformity with this act, including economic factors related to the age and useful life of the equipment;

(f) The number of people that would be affected by the granting of a variance or temporary exemption;

(g) The degree of hardship involved if the variance of temporary exemption is not granted; and

(h) Any other factors as are reasonably related to the impact of the noise on the health, safety, welfare, peace, and quiet of the community.

2705.3 A variance or temporary exemption shall be granted only to the extent necessary to ameliorate the undue hardship, consistent with the purpose and intent of this Act.

2705.4 Nothing in this section shall be construed to permit any operation in violation of the Act during the pendency of a request for a variance or a temporary exemption.

2705.5 Nothing in this section and no variance or temporary exemption shall be construed to prevent or limit the application of the emergency procedures established under §2711 of this chapter.

History

SOURCE: Section 7 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5319 (December 30, 1977); as amended by § 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727, 3729 (July 19, 1996).

20 DCMR § 2706 VARIANCE PROCEDURES

2706.1 Any person seeking a variance shall do so by filing with the Mayor a petition for a variance which shall be accompanied by plans, specifications, and other pertinent data as the Mayor may require, sufficient in scope to allow determination of the noise pollution impact that may result from granting the variance and the hardship involved if it is not granted.

2706.2 If the applicant is required to obtain a building permit (or some other type of permit) from the District government, he or she may include the request for a variance with the application for that permit.

2706.3 The Mayor may, at any time after an applicant files an original application, and before its expiration, require further statements in order to determine the disposition of the petition.

2706.4 Within three (3) months of May 15, 1978, the Mayor shall make available a list of the information to be required under this section.

2706.5 Notice of the variance application shall be given at least thirty (30) days before the Mayor rules on the request, unless a lesser time is justified for good cause.

2706.6 Notice of the variance application shall be given as follows:

(a) The Mayor shall publish the notice in the D.C. Register;

(b) The applicant shall mail the notice to the owners of all property abutting the property involved in the application; and

(c) The applicant shall mail the notice to the occupants of property situated within two hundred feet (200 ft.) of the property involved in the application.

2706.7 The notice of the variance application shall show the nature of the variance requested and the location for filing an appeal.

2706.8 Within five (5) days after the notice appears in the D.C. Register, the applicant shall file with the Mayor a sworn affidavit demonstrating compliance with this section.

2706.9 Any person may submit comments on the application for a variance within twenty-five (25) days of the published notice, or within the time specified in the notice.

2706.10 The Mayor shall adopt and publish in the D.C. Register any additional procedures with regard to requests for variances.

2706.11 The Mayor may, in his or her discretion, hold a hearing; Provided, that a hearing shall be held if any person who may be adversely affected by the grant or denial of a variance, including the applicant, files a written request for a hearing within ten (10) days, of the notice appearing in the D.C. Register.

2706.12 The hearing held pursuant to § 2706.11 shall be held in accordance with the contested case provisions of the D.C. Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Code § 1-1509 (1991 Repl. Vol.)).

2706.13 In granting or denying a variance, the Mayor shall file a written opinion stating the facts and reasons for the final decision.

2706.14 The Mayor may condition the variance and the terms of the variance on factors that he or she deems appropriate, including a schedule of compliance specifying a definite time period within which full compliance with Chapters 27 and 28 of this subtitle and the rules and regulations adopted under the Act shall be achieved.

2706.15 In issuing a variance for construction work, the Mayor may prescribe the conditions, working times, types of construction equipment to be used, and permissible noise emissions as the Mayor considers to be required in the public interest.

2706.16 No variance issued pursuant to this section shall be adopted for a period to exceed one (1) year; Provided, that a renewal may be obtained for additional periods not to exceed two (2) years if the Mayor finds that the variance is justifiable and that the intent and purpose of the Act is not impaired.

2706.17 No renewal shall be granted except pursuant to the filing of an application.

2706.18 An application for the renewal of a variance shall be made at least sixty (60) days prior to the expiration of the variance.

2706.19 Notice and hearing requirements for the renewal of variances shall be the same as those applying to initial requests for variances.

History

SOURCE: Section 8 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5320 (December 30, 1977).

20 DCMR § 2707 TEMPORARY EXEMPTION PROCEDURES

2707.1 A person may apply to the Mayor for a temporary exemption from the maximum permissible noise levels or the time limits established by the Act.

2707.2 If the applicant is required to obtain a building permit from the District government, he or she may include the request for a temporary exemption with the application for that permit.

2707.3 The decision of the Mayor shall be in writing and shall include a statement of the reasons for the action taken.

2707.4 If a temporary exemption is granted, the decision shall include the following information:

(a) The name of the applicant;

(b) The noise level to be permitted;

(d) Any other conditions or qualifications necessary for the protection of the public under the standards applicable to the granting of a temporary exemption.

2707.5 A temporary exemption shall be granted for as long as is necessary, but shall not exceed forty-five (45) days.

2707.6 A notice of the issuance of a temporary exemption shall be published in the D.C. Register and shall be posted by the applicant in a conspicuous sport at the location involved for a period of our (4) consecutive days following the date of issuance.

2707.7 Any person adversely affected by the issuance or denial of a temporary exemption may, within ten (10 days of the decision, request a hearing on the matter.

2707.8 If the Mayor finds that a sufficient bona fide controversy exists regarding the issuance or denial of a temporary exemption, the Mayor may, in his or her discretion, hold a hearing on the matter.

2707.9 The hearing shall be held as soon as practicable.

2707.10 A decision by the Mayor after a hearing shall be final, subject to a de novo review by a court of competent jurisdiction.

2707.11 Unless the Mayor orders otherwise, the filing of a request for a hearing shall not affect the issuance of a temporary exemption.

History

SOURCE: Section 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727, 3730 (July 19, 1996).

20 DCMR § 2708 RESERVED

20 DCMR § 2709 RESERVED

20 DCMR § 2710 NOTICE OF VIOLATIONS

2710.1 Whenever the Mayor has reason to believe that a violation of any provision of the Act has occurred, he or she may, in lieu of or in addition to any other enforcement procedure, give notice of the alleged violation to the person or persons responsible, and order the persons to take corrective measures as are deemed necessary.

2710.2 The notice of an alleged violation shall meet the following requirements:

(a) It shall be in writing;

(b) It shall indicate the section or subsections of Chapters 27 and 28 of this subtitle that have been violated; and

(c) It shall state the nature of the violation (including, if applicable, any dB(A) readings, the date, and the approximate time and place of their recording).

2710.3 The notice of an alleged violation may allow reasonable time for the performance of any act required by the notice.

2710.4 The notice of an alleged violation shall be deemed properly served upon the alleged violator when it is served by one (1) of the following methods:

(a) A copy of the notice is served personally upon the alleged violator, or is left either at the alleged violator's usual place of business or at his or her usual residence with a person over the age of sixteen (16) years who is employed or who resides at that place;

(b) A copy of the notice is left with any agent of the person to be notified, or is left at the office of the agent or with any person employed at the office, if the alleged violator's residence or place of business cannot be found in the District by reasonable search;

(c) A copy is mailed postage prepaid to the last known address of the person to be notified and is not returned by the Postal Service authorities; or

(d) The notice is published on three (3) consecutive days in a daily newspaper published in the District, when one (1) of the following circumstances exists:

(1) No address of the person to be served is known or can, with reasonable diligence, be ascertained; or

(2) Any notice mailed in accordance with § 2710.4(c) is returned undelivered by the Postal Service authorities.

2710.5 A notice issued pursuant to this section shall be final unless the person adversely affected requests a hearing within the period specified in the notice of violation, or within fifteen (15) days after the date of service of the notice, whichever is less.

2710.6 Upon receipt of a request for a hearing, the Mayor shall provide the petitioner with an opportunity for a hearing in accordance with the contested case provisions of the D.C. Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Code § 1-1509 (1981)).

2710.7 A decision sustaining, modifying, or vacating a notice shall be final.

2710.8 If any person fails to comply with a final notice issued pursuant to this section, the Mayor shall institute action as may be necessary to terminate the violation.

2710.9 Any person's failure to comply with a final notice issued pursuant to this section shall constitute a separate violation of the Act.

2710.10 Nothing in this section shall be construed to preclude enforcement of the provisions of the Act by recovery of a penalty pursuant to § 2713 of this chapter, injunctive relief, or other appropriate remedy.

History

SOURCE: Section 10 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5326 (December 30, 1977).

20 DCMR § 2711 EMERGENCY PROCEDURES

2711.1 If the Mayor finds that any person is acting in a manner that constitutes a violation of the Act, the Mayor may order the person to cease and desist.

2711.2 Failure to comply with the order shall be a violation of the Act; Provided, that failure to comply with a cease and desist order shall not be an independent violation if a court of competent jurisdiction finds that no violation of the Act had occurred.

2711.3 Any person aggrieved by an emergency order of the Mayor may, within forty-eight (48) hours of the order, request a hearing by the Mayor.

2711.4 Upon receiving a request for a hearing from any person aggrieved by an emergency order, the Mayor shall hold the hearing as soon as is reasonably practical.

2711.5 The hearing regarding an emergency order shall be conducted in accordance with the contested case provisions of the D.C. Administrative Procedure Act (D.C. Code § 1-1509 (1991 Repl. Vol.)).

2711.6 A request for a hearing on an emergency order shall not be grounds for noncompliance with any order issued pursuant to this section.

2711.7 After the conclusion of the hearing held pursuant to §§ 2711.4 and 2711.5, the person shall be notified by the Mayor of the Mayor's decision. This action shall be final; Provided, that an appeal from the action shall not be grounds for noncompliance with any order issued pursuant to this section.

2711.8 Nothing contained in this section shall preclude the Mayor from initiating appropriate action for the recovery of a penalty as is provided in Chapters 27 and 28 of this subtitle, nor shall it preclude the Mayor from seeking any other relief or remedy as is provided by law.

History

SOURCE: Section 11 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5328 (December 30, 1977); as amended by § 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727, 3730 (July 19, 1996).

20 DCMR § 2712 INTERFERENCE WITH MEASUREMENT

2712.1 It shall be unlawful for any person to refuse, prevent, or interfere with any lawful physical determination or measurement authorized by the Act; Provided, that the provisions of § 2712.2 are complied with.

2712.2 No District government officer or employee shall enter any privately owned premise for the purpose of making a lawful, physical determination or measurement authorized by the Act without permission of the resident or a person in the premise, or without a valid search warrant.

History

SOURCE: Section 12 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5330 (December 30, 1977).

20 DCMR § 2713 ENFORCEMENT: PENALTIES

2713.1 Any person who is aggrieved by a violation of any provision of the Act may complain to the Metropolitan Police Department which shall enforce the provisions of this Act.

2713.2 Prior to issuing a citation or notice of infraction, the Metropolitan Police Officer or other District government official may give a verbal warning to the violator and allow the violator a reasonable time to cease violating the Act.

2713.3 Any person who violates any provision of the Act shall be punished by a fine not to exceed one thousand dollars ($1000) or imprisonment not to exceed ten (10) days, or both. In the event of any violation of or failure to comply with the Act or any section of the Act, each and every day of such violation or failure shall constitute a separate offense, and the penalties described in the Act shall be applicable to each such separate offense.

2713.4 Officers of the Metropolitan Police Department are authorized to enforce the provisions of the Act by issuing a notice of civil infraction for a violation of the Act that constitutes a noise distrurbance, or a noise-producing activity, during days or hours when prohibited, or beyond it authorized duration pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42, D.C. Code §6-2701 et seq.).

2713.5 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of Chapter 27 or 28, pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of Chapter 27 or 28 shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

History

SOURCE: Section 485 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990, D.C. Law 8-237, 38 DCR 314,318 (January 11, 1991); Section 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727, 3731 (July 19, 1996).

20 DCMR § 2714 CIVIL ENFORCEMENT

2714.1 Any person may commence a civil action in a court of competent jurisdiction on his or her own behalf for injunctive relief, to enforce a requirement, or to order the Mayor to perform a non-discretionary act against any person (including the District government to the extent permitted by the Eleventh Amendment of the U.S. Constitution) who is alleged to be the following:

(a) In violation of any requirement of the Act;

(b) In violation of any order issued by the Mayor with respect to any requirement of the Act; or

2714.2 No action shall be taken under the provisions of this section prior to ten (10) days after the plaintiff has given notice of the violation to the Mayor, and to any alleged violator of the requirements.

2714.3 No action shall be taken under the provisions of this section if the Mayor has commenced and is diligently prosecuting a civil action in a court of competent jurisdiction in the District of Columbia to require compliance with the Act.

History

SOURCE: Section 14 of the District of Columbia Noise Control Act of 1977, D.C. law 2-53, 24 DCR 5293, 5330 (December 30, 1977); as amended by § 2 of the Noise Control Amendment Act 011996, D.C. Law 11-161, 43 DCR 3727, 3731 (July 19, 1996).

20 DCMR § 2799 DEFINITIONS

2799.1 When used in Chapters 27 through 29 of this subtitle, the following words or abbreviations shall have the meaning ascribed unless the context indicates a different meaning. Where technical words are not defined, or where questions of interpretation arise regarding acoustical terminology, the American National Standard Institute (ANSI) definitions shall be used as a guide.

ANSI - the American National Standard Institute or its successor bodies.

Construction - any site preparation, excavation, assembly, erection, substantial repair, alteration, or similar action (excluding demolition) of public or private rights-of-way, structures, utilities, or similar property.

Daytime - the hours from 7:00 a.m. to 9:00 p.m.

dB(A) - (A-weighted sound level) - a measure of sound pressure level, in decibels, obtained from a sound-level meter using the A-weighting network or filter as specified in ANSI S1.4-1971 or the latest approved revision of that standard.

Decibel - (1/10 of a bel) - a unit (abbreviated "dB") for measuring the magnitude of sound equal to twenty (20) times the logarithm, to the base ten (10), of the ratio of the sound pressure being measured to a reference sound pressure of twenty (20) micropascals.

Emergency Generator Equipment – Generators that supply back-up power to buildings such as hospitals, hotels, and office buildings.

Emergency work - the work necessary to restore property to a safe condition following a public calamity or act of God, or the work required to protect the health and safety of persons.

Leafblowers - any portable device or machine that is gasoline or electric powered and which is designed or intended, by generating a concentrated stream of air to blow, dispel, or make airborne, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material. The term includes those devices or machines that accept vacuum attachments. (D.C. Law 9-135)

Leg - (Equivalent A-Weighted Sound Level) - the constant sound level that, in a given time period, would convey the same sound energy as the actual, time varying, A-weighted sound. The number in parenthesis immediately following the term "Leg" shall denote the time period in hours.

Maximum sound level - the highest level observed on a sound level meter.

Mayor - the Mayor of the District of Columbia or his or her designated agent.

Motorcycle - any motor vehicle other than a motorized bicycle having either a tandem arrangement of two (2) wheels or a tricycle arrangement of three (3) wheels, and having a seat or saddle for the use of the operator.

Motor vehicle - any vehicle propelled either by an internal combustion engine or by electricity or steam. This term does not include motor boats and traction engines used exclusively for drawing vehicles in fields, road rollers, and vehicles propelled only upon rails and tracks.

Motorized bicycle - any motor vehicle having the following:

(a) Either a tandem arrangement of two (2) wheels equipped with tires that are sixteen inches (16 in.) or more in diameter, or having a tricycle arrangement of three (3) wheels equipped with tires that are sixteen inches (16 in.) or more in diameter, weighing not more than one hundred and twenty (120) pounds;

(b) An automatic transmission; and

(c) A motor or engine that produces not more than one and five-tenths (1.5) brake horsepower (as rated by the Society of Automatic Engineers), with a piston displacement of not more than fifty (50) cubic centimeters, and that is capable of moving the vehicle at a speed of no more than twenty-five miles per hour (25 mph) on level ground when propelled exclusively by the motor or engine.

Nighttime - the hours from 9:00 p.m. to 7:00 a.m.

Noise - this term shall have the same definition as "sound," in the Act.

Noise disturbance - any sound which is loud and raucous or loud and unseemly and unreasonably disturbs the peace and quiet of a reasonable person of ordinary sensibilities in the vicinity thereof, unless the making and continuing of the noise is necessary for the protection or preservation of the health, safety, life, or limb of some person. In making a determination of a noise disturbance, the Mayor shall consider the location, the time of day when the noise is occurring or will occur, the duration of the noise. In addition, the Mayor may consider the magnitude of the noise relative to the maximum sound levels permitted under this act, the possible obstruction or interference with vehicular or pedestrian traffic, the number of people that are or would be affected, and such other factors as are reasonably related to the impact of the noise on the health, safety, welfare, peace, and quiet of the community. A noise shall not be considered a noise disturbance if it is made during noncommercial public speaking during the daytime and does not exceed 80 decibels inside the nearest occupied residence in districts zoned R-1A, R-1B, R-2, R-3, or R-4. Except as it may otherwise conflict with provisions of this act, all measurements of noise levels shall be performed and verified by qualified inspectors of the Department of Consumer and Regulatory Affairs in accordance with the requirements specified in Chapter 29 of Title 20 of the District of Columbia Municipal Regulations. If the noise is made at night or does not involve noncommercial public speaking, the Mayor shall not be required to measure the decibel level of the noise to find a noise disturbance.

Noise level - this term shall have the same definition as "sound level."

Noise zones - shall be defined according to the following three (3) categories, as shown, defined, and bounded on the zoning map:

(a) Residential, special purpose, or waterfront zone - any district listed under chapters 4, 5, and 9 of the D.C. Zoning Regulations, effective May 12, 1958, as amended;

(b) Commercial or commercial-light manufacturing zone - any district listed under chapter 7 of the D.C. Zoning Regulations, effective May 12, 1958, or classified as a "C-M Commercial-light manufacturing" district under Chapter 8 of the Zoning Regulations; and

(c) General industrial zone - any district classified under Chapter 8 of the Zoning Regulations, effective May 12, 1958, but not classified as a "C-M Commercial-light manufacturing" district.

Person - an individual, partnership, corporation, trust, association, firm, organization, government, or other entity.

Pre-existing source - any noise source either established and in operation or under construction prior to May 15, 1978.

Real property boundary - an imaginary line along the ground surface and its vertical extension, which separates the real property owned by one (1) person from that owned by another.

Sound - an oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of the sound, including duration, intensity, and frequency.

Sound level - the weighted sound pressure level obtained by the use of a sound level meter and frequency weighing network, such as A, B, or C as specified in the ANSI specifications for sound level meters (ANSI S1.4-1971, or the latest approved revision of ANSI S1.4 standard). If the frequency weighing employed is not indicated, the A-weighing shall apply.

Sound-level meter - an instrument to measure the sound pressure level meeting at least either the Type II requirements of the ANSI S1.4-1971 standard or the latest approved version of the ANSI S1.4 standard.

Street or highway - any road, street, alley, or way in the District of Columbia, open to the use of the public, as a matter of right, for the purposes of vehicular traffic.

Weekday - any day except Sunday or a legal holiday.

Zoning regulations - the D.C. Zoning Regulations, effective May 12, 1958, as amended (DCMR Title 11).

History

SOURCE: Section 2 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5295 (December 30, 1977); as amended by § 2 of the District of Columbia Noise Control Amendment Act of 1977, D.C. Law 9-135, 39 DCR 4079 (June 12, 1992); by § 2 of the Noise Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727 (July 19, 1996); by § 2 of the Georgetown Project and Noise Control Amendment Act of 2004, D.C. Law 15-214, 51 DCR 8825 (September 10, 2004); and by § 2 of the Noise Control Protection Amendment Act of 2008, D.C. Law 17-208, 55 DCR 6977 (June 27, 2008).

20-28 MAXIMUM NOISE LEVELS

20 DCMR § 2800 MUSICAL INSTRUMENTS, LOUD SPEAKERS, AMPLIFIERS, AND UNAMPLIFIED VOICES

2800.1 Noise resulting from musical instruments, loud speakers, sound amplifier, radio, tape recorder, television, compact disc player, stero system, including those installed in motor vehicles, and unamplified voices shall not exceed the maximum noise levels contained in this section.

2800.2 It shall be unlawful for any person to make, continue, or cause to be continued any noise disturbance by the operation, use, or playing of any musical instrument or device, loud speaker, sound amplifier, or other similar device, or unamplified voice, for the production or reproduction of sound on private property or public space.

2800.3 Parades and public gatherings conducted pursuant to a permit issued by the Metropolitan Police Department (as provided for in 24 DCMR, Chapter 7) are exempt from the noise disturbance limitation.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved January 26, 1887, 24 Stat. 368, ch. 49, as amended; D.C. Code § 1-315 (1992 (Repl. Vol.); the §§ 422(6) and 422(11) of the District of Columbia. Self-Government and Governmental Reorganization Act; the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, as amended; Mayor's Order 79-28 dated February 5, 1979.
SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5308 (December 30, 1977); as amended by § 4 of the D.C. Noise Control Act of 1977 Amendment Act of 1986, D.C. Law 6-180, 33 DCR 7660, 7661 (December 21, 1986); and by § 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161 43 DCR 3727, 3729 (July 19, 1996);as amended by final rulemaking published at 48 DCR 11747(December 28, 2001).
EDITOR'S NOTE: Chapter 31 Maximum Noise Levels was renumbered Chapter 28.

20 DCMR § 2801 MECHANICAL EQUIPMENT

2801.1 Noise resulting from mechanical equipment shall not exceed the maximum noise levels contained in this section.

2801.2 Noise resulting from the use or operation of any air-conditioning, refrigerator, heat pump, fan, swimming pool equipment, or other mechanical equipment, regardless of location, shall be prohibited in excess of sixty (60) dB(A) when measured at the property line or as close to the property line as practical if there is an obstruction.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5309 (December 30, 1977).

20 DCMR § 2802 CONSTRUCTION

2802.1 From 7:00 a.m. to 7:00 p.m. on any weekday, noise levels resulting from construction or demolition (excluding pile driver devices) shall not exceed a Leg(1.) of eighty (80) dB(A) unless granted a variance under § 2705 of Chapter 27 of this subtitle.

2802.2 From 7:00 p.m. to 7:00 a.m. the maximum noise levels prescribed in § 2701 of Chapter 27 of this title shall apply.

2802.3 In cases involving noise from construction or demolition, measurements shall be made twenty-five feet (25 ft.) from the outermost limits of the construction site; provided, that when construction work is performed inside an occupied multi-unit apartment building, hospital, nursing home, community-based residential facility, or other similar facility which serves as a temporary or permanent dweling for its residents, measurement of noise from the construction or demolition shall be made twenty-five (25) feet from the source of the noise. This provision shall be subject to the exemption for emergency work.

2802.4 No permit for building construction or demolition shall be issued until the permit applicant has assured in writing that the noise emanating from the planned construction will comply with the limitations established by this section.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act 011977, D.C. Law 2-53, 24 DCR 5293, 5308 (December 30, 1977).

20 DCMR § 2803 CONSTRUCTION IN RESIDENTIAL ZONES

2803.1 Noise emanating from construction in residential zones shall be prohibited during the hours specified in this section irrespective of its compliance with § 2701 of Chapter 27 of this subtitle.

2803.2 No noise from construction, excluding minor home repairs, shall be permitted within a residential, special purpose, or waterfront zone on any Sunday or legal holiday, or after 7:00 p.m. and before 7:00 a.m. on any weekday.

2803.3 The limitation of § 2803.2 shall not apply to the following:

(a) Portable power tools used for minor improvement of real and personal residential property otherwise allowable under this section;

(b) Work performed by public utilities as defined in the Act approved March 4, 1913 (37 Stat. 974; D.C. Code § 43-103 (1990 Repl. Vol.));

(c) Work performed by the Washington Metropolitan Area Transit Authority as defined in D.C. Code §§ 1-1410 et seq. (1992 Repl. Vol.); or

(d) Work performed by the subcontractors of public utilities and the Washington Metropolitan Area Transit Authority as provided in §§ 2803.3(b) and 2803.3(c).

2803.4 Noise emanating from the sources exempted in § 2803.3 shall comply with the maximum noise levels prescribed in § 2701 of Chapter 27 of this subtitle.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5209 (December 30, 1977).

20 DCMR § 2804 EXPLOSIVES

2804.1 Noise emanating from explosives shall be prohibited during the hours specified in this section irrespective of its compliance with § 2701 of Chapter 27 of this subtitle.

2804.2 No blasting with explosives shall be performed on any Sunday or legal holiday or at nighttime on weekdays, except by special permit as provided in § 1301 of the Second Amendment to the 1972 Building Code of the District of Columbia (Title 12 DCMR).

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5310 (December 30, 1977).
EDITOR'S NOTE: The Building Code referred to in this title has been superseded by D.C. Law 6-216, Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987. The construction regulations existing prior to March 21, 1987, remain in effect for projects having reached specified stages of completion. D.0 Law 6-718 adopted the 1984 National BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes. Effective November 27, 1992 (39 DCR 8665), the 1984 BOCA Codes, and the 1985 D.C. Supplement to the National BOCA Codes were superseded by the adoption of the 1990 BOCA Codes, and the 1992 D.C. Supplement to the BOCA Codes.

20 DCMR § 2805 HAWKERS, PEDDLERS, AND VENDORS

2805.1 The shouting and crying of hawkers, peddlers, and vendors shall be prohibited at nighttime on any day of the week, irrespective of its compliance with § 2701 of Chapter 27 of this subtitle.

2805.2 The limitation of § 2805.1 shall not be construed to prohibit selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed entertainment events.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5309 (December 30, 1977).

20 DCMR § 2806 TRASH COLLECTION IN AND ADJACENT TO RESIDENTIAL ZONES

2806.1 Noise emanating from trash collection in any residential, special purpose, or waterfront zone shall be prohibited during the hours specified in this section irrespective of its compliance with § 2701 of this subtitle.

2806.2 No person shall operate or permit the operation of any refuse collection vehicle in, or within three hundred (300) feet of, any residential, special purpose, or waterfront zone, at nighttime on any day of the week. The terms “operate” and “operation” in this section shall mean the stopping of the vehicle and the collection of trash by the refuse vehicle. This prohibition shall not apply to vehicles owned by the District government employed for emptying litter receptacles. Violation of this paragraph on more than one occasion within a 6-month period may be deemed a nuisance under subsection 709.7 of Title 21 of the District of Columbia Municipal Regulations and shall constitute grounds for suspension or revocation of the endorsement issued for solid waste collectors or solid waste vehicles pursuant to D.C. Official Code § 47-2851.03(d).

2806.3 Notwithstanding the prohibitions in subparagraph (A) of this paragraph, the collection of residential refuse by District government-owned vehicles may commence at 6 a.m. during the months of June, July, and August or when the daily high temperature is forecast to be above 90 degrees Fahrenheit.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2.53, 24 DCR 5293, 5311 (December 30, 1977); as amended by § 2 of the Noise Control Amendment Regulation Act of 185, D.C. Law 6-93, 33 DCR 314 (January 17, 1986).

20 DCMR § 2807 VEHICLE-MOUNTED LOUD SPEAKERS

2807.1 Noise emanating from vehicle-mounted sound amplifying equipment, instruments, and transmitting devices shall be prohibited during the hours specified in this section irrespective of its compliance with § 2701 of Chapter 27 of this subtitle.

2807.2 Vehicle-mounted sound amplifying equipment, instruments, and transmitting devices shall be prohibited in streets or on highways after 9:00 a.m., and between 4:00 p.m. and 6:30 p.m.

2807.3 Vehicle-mounted sound amplifying equipment, instruments, and transmitting devices shall be prohibited in streets or on highways after 9:00 p.m. and before 9:30 a.m. During all other hours their use shall be subject to the limitations of the noise disturbance standards, and the following conditions:

(a) The vehicles are required, where traffic conditions permit, to move at least five miles per hour (5 mph);

(b) When the vehicles are stopped for any cause, no sound shall be amplified or transmitted for more than one (1) minute, so long as the vehicle remains stationary;

(c) Operators of the vehicles shall not hold sound amplifying equipment, instruments, or transmitting devices by hand while the vehicles are in operation; and

(d) When vehicles are parked in legal off-street locations, the conditions set forth in § 2807 of this chapter shall not apply.

History

SOURCE: Section 5 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5311 (December 30, 1977); as amended by § 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 42 DCR 3727, 3729 (July 19, 1996).

20 DCMR § 2808 LEAF BLOWERS

2808.1

(a) Except as provided under § 2808.2, no person shall sell, offer for sale, or use, at any time, a leaf blower in the District of Columbia that has an average sound level exceeding seventy (70) dB(A) at a distance of fifty feet (50 ft.) from the leaf blower as measured in accordance with § 2808.5 of this section. A leaf blower shall not be used at nighttime, between the hours of 8:30 p.m. and 8:00 a.m. in the District of Columbia.

(b) Except as provided under § 2808.2, effective January 1, 2022, no person shall sell, offer for sale, or use a gasoline-powered leaf blower in the District of Columbia.

2808.2

(a) Upon the effective date of the District of Columbia Noise Control Amendment Act of 1992 ("1992 Act"), a person who sells, at retail, a leaf blower in the District of Columbia that exceeds the maximum sound level established in § 2808.1 of this section must provide conspicuous notice to the consumer that the leaf blower may not be used in the District.

(b) A person who sells at retail a gasoline-powered leaf blower in the District of Columbia on or after January 1, 2022,shall provide conspicuous notice to the consumer that the leaf blower shall not be used in the District of Columbia.

2808.3 A person who purchased a leaf blower prior to the effective date of the 1992 act, or who can demonstrate that the leaf blower was manufactured prior to the effective date of the 1992 Act, may use that leaf blower for the next five (5) years, even though its average sound level exceeds the standard established in § 2808.1 of this section, if its use is otherwise permitted by the Act.

2808.4 The Mayor may inspect and, upon request, require a person to produce any leaf blower that is sold, offered for sale, or used, in order to determine compliance with this act. The Mayor shall use, to the extent possible, a manufacturer's written sound level representations, design and use specifications, and approximate manufacture date, as appropriate, as aids to determine compliance. A person who in good faith relies on a manufacturer's written sound level representation is not subject to penalties under § 13 for violation of the Act.

2808.5 Compliance with sound level requirements of this act shall be determined in accordance with a sound measurement testing standard for leaf blowers that have been deemed by the Mayor to be acceptable and adopted by regulation.

2808.6

(a) The penalties provided in Section 13 of the District of Columbia Noise Control Act of 1977 (D.C. Law 2-53) shall not apply to this section.

(b) A civil fine not to exceed five hundred dollars ($500), penalties, and fees may be imposed as a sanction for any infraction of this paragraph, pursuant to Titles I through III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.).

2808.7 Any person may file with the Mayor a complaint alleging usage of a gas-powered leaf blower in violation of this paragraph.

(a) A complaint filed pursuant to this subsection shall be submitted in writing of a form prescribed by the Mayor and made available on the District of Columbia website. The complaint shall be submitted not later than one week following the occurrence of the alleged violation, and shall be signed by an original complainant who shall attest to its accuracy, under penalty of perjury. The complaint shall include:

(1) The name of the individual or company alleged to have used a gas-powered leaf blower in violation of this paragraph;

(2) The location of the alleged violation;

(3) The date and time of the alleged violation; and

(4) Any additional identifying information regarding the user of the gas-powered leaf blower.

(b) A District inspector need not witness a violation for a complaint to be valid.

(c) A complainant under this subsection may appear and give testimony at any administrative hearing or administrative review of the complaint, or any other judicial or quasi-judicial action that may result from the complaint.

(d) If the Mayor determines that the complaint has merit, the Mayor shall file a Notice of Infraction and proceed pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.).

(e) The Mayor shall provide a copy of the Notice of Infraction to the Office of Administrative Hearings.

2808.8 Subsection 2808.1 shall not apply to the use of leaf blowers on federal lands and at federal facilities.

History

SOURCE: Section 2 of the District of Columbia Noise Control Amendment Act of 1992, effective July 23, 1992 (D.C. Law 9-135; 39 DCR 4079 (June 12, 1992)); as amended by the Leaf Blower Regulation Amendment Act of 2018, effective February 22, 2019 (D.C. Law 22-0225; 66 DCR 191 (January 11, 2019). District of Columbia Municipal Regulations Environment 20 DCMR § 2808

20 DCMR § 2809 Vehicle Theft Alarm Systems

2809.1 It shall be unlawful for any person to install, operate, or use any vehicle theft alarm system that emits or causes the emission of an audible sound that is not, or does not become, automatically and completely silenced within five (5) minutes. The time period shall be calculated based upon the emission of the first audible sound and shall end five (5) minutes thereafter, notwithstanding any variation or stoppage in the emissions of audible sound.

History

SOURCE: The District of Columbia Noise Control Act of 1997, effective March 16, 1978 (D.C. Law 2-53; 20 DCMR Chapters 27 and 28) as amended by the Georgetown Project and Noise Control Amendment Act of 2004, 51 DCR 8825 (2004).

20 DCMR § 2810 NEW MOTOR VEHICLES

2810.1 No person shall either sell or offer for sale a new motor vehicle or motorcycle that is to be registered for use upon the public highway that exceeds the maximum noise limits designated in the table of § 2810.2 when measured at a distance of fifty feet (50 ft.) from the center line of travel in accordance with test procedures (as may be appropriate for the vehicle being tested) as prescribed in this subsection:

(a) Those described by the Society of Automotive Engineers, Inc. (SAE), including SAE Standard J986(a) (for vehicles ten thousand (10,000) GVWR and under), SAE Standard J3 (for motorcycles), and SAE Standard J184 (for vehicles over ten thousand (10,000) GVWR);

(b) Those recommended by Practice J184 (for qualifying a sound data acquisition system), and subsequent revisions of the standard; or

(c) A nationally recognized test procedure, such as those promulgated by the EPA, as the administering agency may prescribe in accordance with §§ 2700.7 through 2700.9 of Chapter 27 of this subtitle.

2810.2 Each manufacturer, distributor, or importer, or his or her designated agent, shall certify in writing to the Mayor that all motor vehicles or motorcycles sold by him or her in the District comply with the provisions of the following table:

TYPE OF VEHICLE AND DATE OF MANUFACTURE

MAXIMUM NOISE LEVEL

Any motorcycle, other than a motorized bicycle, manufactured after 1976

83 dB(A)

Any motor vehicle with a gross vehicle rating of more than ten thousand pounds (10,000 lbs.) manufactured on or after January 1, 1978

83 dB(A)

Any motor vehicle with a gross vehicle weight rating of more than ten thousand pounds (10,000 lbs.) manufactured on or after January 1, 1982

80 dB(A)

Any other motor vehicle weighing ten thousand pounds (10,000 lbs.) or less manufactured on or after January 1, 1976

83 dB(A)

Any other motor vehicle weighing ten thousand pounds (10,000 lbs.) or less manufactured after January 1, 1978

80 dB(A)

20 DCMR § 2811 OPERATIONAL LIMITS FOR MOTOR VEHICLES

2811.1 No person shall operate a motorcycle, motor vehicle, or combination of motor vehicles of a type subject to registration under D.C. Code § 40-103 (1990 Repl. Vol.) at any time, or under any condition of grade, load, acceleration, or deceleration in a manner that exceeds the maximum noise limits designated in the table of this subsection for the specified speed limits, measured at a distance of fifty feet (50 ft.) from the center line of travel by a sound level meter switched to the A-weighting network, in accordance with such nationally recognized test procedures as the administering agency may prescribe in accordance with §§ 2700.7 through 2700.9 of Chapter 27 of this subtitle.

TYPE OF VEHICLE

NOISE LIMIT

35 MPH or less

Over 35 MPH

Stationary Run-up

Any motor vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds (10,000 lbs.) or more, and any combination of vehicles towed by that motor vehicle

86 dB(A)

90 dB(A)

88 dB(a)

Any motorcycle

82 dB(A)

86 dB(A)

Any other motor vehicle and any combination of vehicles towed by a motor vehicle with a manufacture's gross weight rating of ten thousand pounds (10,000 lbs.) or more

76 dB(A)

82 d(B)(A)

2811.2 Where a test procedure is used for which the noise levels prescribed in the table in § 2811.1 would not be appropriate, the administering agency may establish and publish a table with the appropriate levels which are substantially equivalent to those established in that table.

2811.3 The public shall be provided with at least thirty (30) days to comment on all new standards and procedures before the standards are made final.

2811.4 For the purposes of this section, a motor truck, truck tractor, or bus that is not equipped with an identification plate or marking that bears the manufacturer's gross vehicle weight shall be considered as having a rating of ten thousand pounds (10,000 lbs.) or more if the unladen weight is more than nine thousand pounds (9,000 lbs.).

2811.5 No person shall operate a motor vehicle equipped with an engine speed governor that generates a sound level in excess of eighty-eight (88) dB (A) measured on an open site with a fast meter response at fifty feet (50 ft.) from the longitudinal center line of the vehicle when its engine is accelerated from idle to a wide-open throttle governed speed with the vehicle stationary, transmission in neutral, and clutch engaged.

2811.6 The administering agency may by regulation prescribe correctional factors to the limits prescribed in the table of § 2811.1 of this section when measurements are made at a site that contains large reflecting surfaces in close proximity to the vehicle or noise measuring microphone.

2811.7 A violation of the adjusted levels as provided in § 2811.6 shall constitute a violation of this section.

2811.8 In the event that it is impractical to obtain a measurement fifty feet (50 ft.) from the center line of travel, the actual distance shall be measured and one (1) of the correctional factors in the following table shall be applied to the maximum permissible sound levels prescribed in the table of §2811.1 of this section.

DISTANCE

CORRECTION

Soft site

Hard site

35 - less than 39 ft.

+3 dB(A)

+5 dB(A)

39 - less than 43 ft.

+2 dB(A)

+4 dB(A)

43 - less than 48 ft.

+1 dB(A)

+3 dB(A)

48 - less than 58 ft.

0 dB(A)

+2 dB(A)

58 - less than 70 ft.

-1 dB(A)

70 - less than 83 ft.

-2 dB(A)

0 dB(A)

2811.9 For the purposes of this section, "soft test site" shall mean any test site having the ground surface covered with grass, another ground cover, or a similar absorption material for one-half (½) or more of the distance between the microphone target point and the microphone location point.

2811.10 For the .purposes of this section, "hard test site" means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel, or similar reflective material for more than one-half (½) the distance between the microphone target point and the microphone location point.

History

SOURCE: Section 6 of the District of Columbia Noise Control Act of 1977, D.C. law 2-53, 24 DCR 5293, 5313 (December 30, 1977).

20 DCMR § 2812 ALTERATION OF MOTOR VEHICLE EXHAUST SYSTEM

2812.1 No person shall modify or alter the exhaust system of a motor vehicle or motorcycle in a manner that will amplify or increase the noise emitted by the vehicle above the level permitted under §2811 of this chapter.

2812 .2 No person shall use or operate a motor vehicle or a motorcycle having an exhaust system that has been modified or altered in a manner that will amplify or increase the noise emitted by the vehicle above the level permitted under §2811 of this chapter.

History

SOURCE: Section 6 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5317 (December 30, 1977).

20 DCMR § 2813 MOTOR VEHICLE INSPECTION

2813.1 The Mayor shall conduct a study to determine the advantages and feasibility of requiring a noise inspection as a part of the annual motor vehicle inspection program.

2813.2 The study required by § 2813.1 shall be submitted to the Council-of the District of Columbia not later than six months (6 mos.) after May 15, 1978, and shall include the following:

(a) An estimate of the cost to the District of requiring a motor vehicle inspection program for noise (computing separately the cost for District-owned motor vehicles in contrast to the cost of all vehicles);

(b) An estimate of the length of time that would be required per vehicle for the test, and the impact this would have on the total inspection program;

(d) An estimate of the number of cars that would fail the test, and the appropriate cost to each registrant to bring a car into compliance;

(e) The impact of the program on the repair stations in the District; and

(f) The impact of the program on noise levels in the District.

History

SOURCE: Section 6 of the District of Columbia Noise Control Act of 1977, D.C. Law 2-53, 24 DCR 5293, 5318 (December 30, 1977).

20 DCMR § 2899 DEFINITIONS

2899.1 The meanings ascribed to the definitions appearing in § 2799.1 of Chapter 27 of this subtitle shall apply to the terms in this chapter.

20-29 NOISE MEASURING TEST PROCEDURES

20 DCMR § 2900 GENERAL PROVISIONS

2900.1 The purpose of this chapter is to establish standard testing procedures for measuring noise levels as prescribed under the provisions of Chapters 27 and 28 of this subtitle, the D.C. Noise Control Act of 1977 (D.C. Law 2-53, March 23, 1978).

2900.2 The intent of this chapter shall be to do the following:

(a) Specify straight-forward procedures that are applicable to the large majority of expected situations; and

(b) Specify the limits of applicability of those procedures, such as situations in which acoustical specialists or specialized equipment may be required to supplement the procedures.

2900.3 The measurement procedures provided in this chapter shall be reviewed periodically with reference to changes in the practice of noise measurement, instrumentation, District code, and legal precedent.

2900.4 The measurement of noise produced by motor vehicles in transit shall be prescribed by District and federal laws. Enforcement by police officers shall be provided by District law.

2900.5 Any situation in which the noise source cannot be demonstrated to increase the total noise at the measurement point by at least four (4) dB(A) over the ambient level shall be considered unmeasurable by the techniques described in this chapter.

2900.6 Any situation in which readings exceed the statutory limits, but are less than the statutory limit plus the grace limit, the noise shall be measured with more specialized or more accurate equipment prior to deciding whether the source is in compliance with the Act.

2900.7 When readings exceed the statutory limits, but are less than the statutory limit plus the grace limit, consultation with qualified professional personnel shall be required.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act approved January 26, 1887, 24 Stat. 368, ch. 49, as amended; D.C. Code § 1-315 (1992 (Repl. Vol.); the §§ 422(6) and 422(11) of the District of Columbia Self-Government and Governmental Reorganization Act; the District of Columbia Noise Control Act of 1977, D.C. Law 2-53; as amended; Mayor's Order 79-28 dated February 5, 1979.
SOURCE: Final Rulemaking published at 26 DCR 1499, 1501, 1505 (September 28, 1979).
EDITOR'S NOTE: Chapter 32, Noise Measuring Test Procedures was renumbered Chapter 29.

20 DCMR § 2901 EQUIPMENT

2901.1 Sound-level meters and microphones shall meet Type II specifications per ANSI S1.4-1971.

2901.2 Each sound-level meter shall be qualified annually.

2901.3 Each sound-level meter and microphone device shall meet the following specifications:

(a) External calibration devices with a known sound pressure level output at a single known frequency between two hundred (200) Hz and one thousand (1,000) Hz, as specified by the manufacturer;

(b) Windscreen with insertion loss less than five tenths (0.5) dB(A) below eight (8) kHz;

(d) Wind speed indicator with at least twenty percent (20%) accuracy at twelve miles per hour (12 mph); and

(e) Earphones with impedance meeting the sound level meter manufacturer's specifications.

History

SOURCE: Final Rulemaking published at 26 DCR 1499, 1501 (September 28, 1979).

20 DCMR § 2902 SOUND LEVEL METER CALIBRATION

2902.1 A battery check shall be performed immediately before and after a series of measurements at each test site.

2902.2 An external calibration shall be made immediately before a series of measurements at each test site and, if necessary, the meter shall be adjusted to read within two tenths (0.2) dB(A) of the level specified by the calibration unit.

2902.3 Measurements may be assumed to be valid if a calibration check after a series of measurements agrees to within five tenths (0.5) dB(A), otherwise measurements shall not be used.

2902.4 Calibration checks also may be made immediately after the series of measurements and at least one (1) time per hour during the measurement series to ensure continuing accuracy of the equipment.

History

SOURCE: Final Rulemaking published at 26 DCR 1499, 1501 (September 28, 1979).

20 DCMR § 2903 EQUIPMENT SETTINGS

2903.1 In measuring impulsive or rapidly fluctuating noise, the following procedures shall be followed:

(a) A windscreen shall be used for all outdoor measurements;

(b) The "C" scale shall be used on the sound level meter;

(c) The attenuator shall be set so that the measured levels fall between the zero mark and the full scale mark on the meter scale; and

(d) The fast meter response shall be used on the sound level meter.

2903.2 In measuring steady (including intermittent, slowly fluctuating, or quasi-steady) noise, the following procedures shall be followed:

(a) A windscreen shall be used for all outdoor measurements;

(b) The "A" scale shall be used on the sound level meter;

(c) The attenuator shall be set so that the measured levels fall between the zero mark and the full scale mark on the meter scale. At least five (5) seconds shall elapse after the attenuator is changed before measurements are taken; and

(d) The slow meter response shall be used on the sound level meter.

History

SOURCE: Final Rulemaking published at 26 DCR 1499, 1502 (September 28, 1979).

20 DCMR § 2904 MEASUREMENT LOCATIONS

2904.1 Measurements shall be taken at the following locations:

(a) At the property line of the property on which the noise source is located, or as close as practicable if there is an obstruction;

(b) At a distance of one (1) meter from any musical instrument or device, or loud speaker, sound amplifier, or other similar machine or device for the production or reproduction of sound, with exceptions as designated in the Act;

(d) At a distance of fifty feet (50 ft.) from the center line of traffic for motor vehicles.

2904.2 The microphone shall be at least three feet (3 ft.) above the surface while measurements are being taken, except for motor vehicle stationary tests which shall be determined.

2904.3 The microphone orientation shall be as specified by the manufacturer.

2904.4 Measurements conducted on private property shall be taken with the permission of the owner or the owner's representative, or under the authority of a search warrant or a court order.

2904.5 Outdoor measurements shall not be conducted in the presence of wind speeds greater than twelve miles per hour (12 mph), nor in the presence of precipitation or fog.

History

SOURCE: Final Rulemaking published at 26 DCR 1499, 1502 (September 28, 1979).

20 DCMR § 2905 MEASUREMENT PROCEDURES

2905.1 Unless impracticable, earphones shall be used occasionally while noise measurements are being taken as a periodic check to ensure that the meter is responding properly to the noise source being monitored.

2905.2 In the case of steady (including intermittent, slowly fluctuating, or quasi-steady) noise, a measurement of the ambient noise level shall be required.

2905.3 If the ambient noise level of steady noise is within ten (10) dB(A) of the source sound level, the corrections specified in the table of § 2905.7 of this section shall be applied to determine the noise level due solely to the source being investigated, and the source shall be interpolated as necessary.

2905.4 If the ambient level of steady noise is less than three (3) dB(A) from the noise source, no correction may be made and measurements cannot indicate true source noise level.

2905.5 Before citing a violation of a noise limit which may not be exceeded regardless of duration, a two and five tenths (2.5) dB(A) grace shall be allowed to account for all possible meter inaccuracies.

2905.6 Several measurements showing a violation shall be taken with at least twenty (20) seconds between each measurement.

2905.7 The following table shall be used for making corrections to measured ambient sound pressure levels:

Difference (in decibels) between sound pressure level measured with sound source operating and ambient sound pressure level along dB(A)

Correction (in decibels) to be subtracted from sound pressure level measured with sound source operating to obtain sound pressure level due to sound source along d B(A)

Less than 4

Measurement can not be made

2.2

1.7

1.3

1.0

0.8

0.6

0.4

more than 10

History

SOURCE: Final Rulemaking published at.26 DCR 1499, 1504 (September 28, 1979).

20 DCMR § 2906 DATA AND REPORTS

2906.1 The operator shall be required to fill out all pertinent information on the noise data form for field measurements.

2906.2 For each set of readings, the following information shall be required:

(a) Date, time, location, operator's name;

(b) Wind speed and direction;

(d) A sketch of the site, including measurements points, noise sources, buildings, etc.;

(e) Measurement of noise peaks and steady levels to the nearest decibel, and durations;

(f) A description of special techniques employed;

(g) A description of the noise, noting especially if there is an apparent pure tone or impulsive content;

(h) The meter damping used (fast or slow); and

(i) Measurement of ambient and description of ambient if obvious (highway, dogs, etc.).

2906.3 If the ambient level is four to ten (4-10) dB(A) below the level found with the source operating, corrections shall be made to obtain the source noise level. The corrections shall be shown.

History

SOURCE: Final Rulemaking published at 26 DCR 1499, 1504 (September 28, 1979).

20 DCMR § 2999 DEFINITIONS

2999.1 The meanings ascribed to the definitions appearing in § 2799.1 of Chapter 27 of this subtitle shall apply to the terms in this chapter.

2999.2 In addition to the definitions cited in Chapter 27, the following words shall have the meaning ascribed:

Ambient - the noise remaining when the source being measured is turned off.

Calibration, external - the testing under controlled conditions of the sound level monitoring system, by use of a calibration device, whose input sound pressure level and frequency are accurately known, for the purpose of ascertaining the accuracy of the system at the input level and frequency within the meaning of the Act. The system includes a microphone, microphone cable, and sound level meter and its internal components.

Descriptors, acoustical - the following descriptors are often used:

dB(A) - A-weighted sound level measured in decibels;

Ld - daytime equivalent A-weighted sound level between the hours of 0700 and 2100;

Ldn - day-night average sound level; the twenty-four hour (24) weighted equivalent sound level, with a ten (10) decibel penalty applied to nighttime levels;

Leq - equivalent A-weighted sound level over a given period of time;

Leq(1) - the Leq (1) is used in measuring construction noise and is the value of a steady state sound which has the same A-weighted average sound energy as that contained in a time varying sound. In this case, it is the equivalent sound level measured over a one (1) hour period. It is measured best with a statistical noise analyzer;

Ln - nighttime equivalent A-weighted sound level between the hours of 0700 and 2100; - maximum A-weighted sound level for a given time interval or event; and

Lmax – maximum A-weighted sound level for a given time interval or event; and

Lx - x percent sound level, the A-weighted sound level equaled or exceeded x% of time. For example: L10: sound level exceeded ten (10%) percent of time (usually the loudest level): L50: sound level exceeded fifty percent (50%) of time; and L90: sound level exceeded ninety percent (90%) of the time (usually the quietest level).

External Calibration - the testing under controlled conditions of the sound level monitoring system, by use of a calibration device, whose input sound pressure level and frequency are accurately known for the purpose of ascertaining the accuracy of the system at the input level and frequency within the meaning of the Act. The system includes a microphone, microphone cable, sound level meter and its internal components).

Intermittent noise - a noise that goes on and off but that is steady while it is on.

Large reflecting surface - a surface that may cause an interference with the noise measurements being taken (a wall, for example).

Pure tone - a single frequency that predominates to the extent that it is audible. Pure tones are characterized by the following: a hum, moan, howl, whine, or whistle, depending on their frequency.

Qualified - calibrated by an authorized acoustical standards laboratory or an authorized factory representative.

Quasi-steady noise - a rapid series of impulses that has the same effect on the sound level meter as a steady noise.

Qualification - a comprehensive series of tests (including calibration using the full frequency response of a microphone, plus meter, plus A-weighted network) demonstrating compliance with ANSI specifications in addition to, but not required, calibration within the meaning of the Act.

Rapidly fluctuating - continuous noise whose level varies rapidly over a range greater than three (3) dB(A) read on the fast scale during the course of the measurements.

Slowly fluctuating - continuous noise whose level varies slowly over a range greater than three (3) dB(A) read on the slow scale during the. course of the measurements.

Steady noise - a noise whose level varies less than three (3) dB(A) read on the slow scale during the course of the measurements.

Source of violation - consists of a single source, or of several distinct sources if all are being operated on the property from which the noise originates.

History

SOURCE: Final Rulemaking published at 26 DCR 1499 (September 28, 1979).

20-31 FLOOD HAZARD RULES

20 DCMR § 3100 PURPOSE

3100.1 This chapter and the flood-resistant construction provisions of the District of Columbia Construction Codes (together referred to as the Floodplain Management Regulations) promote public health, safety, and general welfare, and minimize public and private losses due to flood conditions in flood hazard areas.

3100.2 This chapter establishes minimum requirements that are designed to:

Mitigate the impact of flooding on properties in the District;

Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or may increase flood hazards to other lands;

Restrict or prohibit certain uses, activities, and development inside areas subject to flooding;

Require uses, activities, and developments that occur in flood-prone areas to be protected to prevent flood damage; and

Regulate uses, activities, and development that, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies that may affect other properties.

3100.3 The degree of flood protection required by this chapter is based on scientific and engineering considerations and is intended to minimize the degree and extent of flood damage. The regulations and the construction codes are designed to keep properties reasonably safe from flooding. Enforcement of these regulations and the construction codes does not imply that land outside the flood hazard areas, or that uses permitted inside the flood hazard areas, will be free from flooding or flood damage. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes.

History

SOURCE: Final Rulemaking published at 32 DCR 6547 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10764 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3100

20 DCMR § 3101 APPLICABILITY OF FLOOD HAZARD RULES

3101.1 This Chapter shall apply to all flood hazard areas within the jurisdiction of the District of Columbia (the District) as designated by the District or in the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for the District prepared by the Federal Emergency Management Agency (FEMA). The effective FIS dated September 27, 2010, and the accompanying FIRM, as modified by any FEMA-approved Letters of Map Change, are hereby adopted by reference and shall serve as the basis for establishing one hundred (100)-year and five hundred (500)-year flood hazard areas. Maps and studies that establish flood hazard areas, including interior flooding areas, are maintained at the Department of Energy and Environment (DOEE) and are posted on DOEE’s website at http://doee.dc.gov.

3101.2 The flood hazard area is:

The land inside the one hundred (100)-year floodplain (Zones A, AE, A1-30, A99, AR, AO, or AH) in accordance with the FEMA Flood Insurance Rate Map, effective September 27, 2010, and subsequent revisions and amendments as approved by FEMA;

The land inside the five hundred (500)-year floodplain (Zone X (shaded)) in accordance with the FEMA Flood Insurance Rate Map, effective September 27, 2010, and subsequent revisions and amendments as approved by FEMA:

The land that has been removed from the five hundred (500)-year floodplain (including Zones A, AE, A1-30, A99, AR, AO, AH, or X (shaded) if done through a Letter of Map Revision Based on Fill (LOMR-F), and

(d) For the Rhode Island Avenue Metro underpass area, the land that is below the NAVD88 elevation of ninety-four and one-half feet (94.5 ft.) and is within a five hundred foot (500 ft.) radius of the point on Rhode Island Avenue NE with these coordinates: 38° 55.2593'N 76° 59.8217'W.

3101.3 Compliance with this chapter does not relieve a person of responsibility and liability for damage to any persons or property caused by flooding.

3101.4 A person who is regulated under this chapter may authorize an agent to act on their behalf. However, the authorization does not change or eliminate that regulated person’s duty, responsibility, or liability.

3101.5 In the event of a conflict between the requirements of this chapter and those of any other rule issued by DOEE, the more stringent restriction shall govern, to the extent consistent with applicable District statutes and federal law.

3101.6 In the event of a conflict between the requirements of this chapter and those of a deed restriction, covenant, or easement adopted after [effective date of final rules], the more stringent restriction shall govern.

History

SOURCE: Final Rulemaking published al 32 DCR 6547 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10764, 10765 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3101

20 DCMR § 3102 ADMINISTRATIVE ROLES AND RESPONSIBILITIES

3102.1 The Director of DOEE, or the Director’s designee, is designated as the Floodplain Administrator.

3102.2 The duties and responsibilities of the Floodplain Administrator shall include:

Coordinating the review and approval process between the Department of Buildings (DOB) and DOEE to ensure that an application for a permit to build or engage in activities in a flood hazard area complies with the applicable requirements of the District of Columbia, and that the site is reasonably safe from flooding;

(b) Reviewing a permit application to ensure that no encroachment on a watercourse, alteration of a watercourse, or improvement of any kind to a watercourse, is made unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment, alteration, or improvement would not increase the flood-carrying capacity of the watercourse;

(c) As necessary, interpreting flood hazard area boundaries when there appears to be a conflict between a mapped boundary and actual field conditions, and providing available flood hazard information to the public;

(d) Reviewing additional hydrologic, hydraulic, or other engineering data and studies required to support any request for a Letter of Map Change from FEMA;

(e) Maintaining copies of the FIRM, FIS, and all revisions and amendments to flood maps and studies

(f) Ensuring that all records necessary to administer federal and District programs related to flood hazards and protections are maintained and made available for public inspection, including FIRMs, FISs, Letters of Map Amendment, Letters of Map Revision, required certifications, and documentation specified by this chapter;

(g) Ensuring that the applicant for a permit provides public notifications related to alterations of watercourses to adjacent communities and to FEMA;

(h) Maintaining records of as-built lowest floor elevations or elevation certificates, floodproofing certificates, and other certifications or proof of compliance as may be required by this chapter or Appendix G 12-A DCMR (District of Columbia Municipal Regulations);

Making periodic recommendations to FEMA when updates to flood models and maps are needed, based on best-available data and climate science;

Making periodic recommendations to the Mayor when updates to flood models and maps are needed based on best-available data and climate science;

(k) Providing annual progress reports to the Council of the District of Columbia, and reports to the Federal Insurance Administrator as required by FEMA;

(l) Requiring that applicants, who submit hydrologic and hydraulic engineering analyses to support permit or Letter of Map Revision applications, submit data and information necessary to maintain the Flood Insurance Rate Maps to FEMA when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations. The submissions shall be made within six (6) months of the data becoming available;

(m) Reviewing subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether the proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any proposal shall be reviewed to ensure that:

(1) The proposals are consistent with the need to minimize flood damage inside the flood-prone area;

(2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

(3) Adequate drainage is provided to reduce exposure to flood hazards; and

(n) Requiring a change to the permit for development on a development site located wholly or partially inside a flood hazard area, if upon inspection, DOEE determines that the permit conditions are inadequate to comply with the requirements of this chapter based on a discrepancy between the permit conditions and the actual site conditions.

3102.3 The duties and responsibilities of DOB include:

(a) Issuing permits for all development on a development site located wholly or partially inside a flood hazard area;

(b) Coordinating with DOEE to ensure that all development on a development site located wholly or partially inside a flood hazard area is compliant with the flood resistant construction provisions of the District of Columbia Construction Codes, including Appendix G of the Building Code, and the requirements of this chapter. Consistent with 12-A DCMR § G103.6, DOB shall not issue a permit for any development on a development site located wholly or partially inside a flood hazard area until DOEE has reviewed the permit application for compliance with this chapter and submitted recommendations;

(d) Determining, in coordination with DOEE, whether proposed reconstruction, rehabilitation, repair, alteration, addition, or other improvement of existing buildings or structures located in flood hazard areas constitutes substantial improvement or repair of substantial damage.

3102.4 The Historic Preservation Office (HPO) is responsible for reviewing any permit application for repair or rehabilitation to historic structures wholly or partially inside a flood hazard area to assure coordination and consistency with this chapter.

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6548 (November 15, 1985) as amended by Final Rulemaking published at 35 DCR 962 (February 12, 1988); as amended by Notice of Final Rulemaking published at 57 DCR 10765 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3102

20 DCMR § 3103 [RESERVED]

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6548 (November 15, 1985); as amended by Final Rulemaking published at 35 DCR 962 (February 12, 1988); as amended by Notice of Final Rulemaking published at 57 DCR 10767 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3103

20 DCMR § 3104 [RESERVED]

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6551 (November 15, 1985); as amended by Final Rulemaking published at 35 DCR 962, 963 (February 12, 1988); as amended by Notice of Final Rulemaking published at 57 DCR 10767 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3104

20 DCMR § 3105 FEES

3105.1 An applicant requesting DOEE review and approval related to development on a development site located wholly or partially inside a flood hazard area shall first obtain a DOB permit number and pay the fees for DOEE services as shown in Tables 1 through 6. No permit shall be issued until all applicable review fees have been paid.

3105.2 DOEE shall not assess an applicant the Final Plan Review Fees if the development is not located inside the flood hazard area.

3105.3 Fees payable under this section shall be paid at the DOB Permit Center, or online through DOEE’s submittal database, and shall be in addition to any permit fees charged by DOB. If a person chooses to pay a fee in this chapter through an online payment platform, DOEE shall increase the fee by two and thirty-six hundredths percent (2.36%).

3105.4 DOEE shall annually adjust the fees in the following Tables within this section for inflation using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics. To perform this adjustment, DOEE shall increase each fee by the percentage, if any, by which the Consumer Price Index for June of the calendar year exceeds the Consumer Price Index for June of the previous year. Each inflation adjustment shall be posted to DOEE’s website.

3105.5 The initial plan review fee includes an initial review and review of three resubmissions. An applicant shall pay a resubmission fee for each subsequent resubmission, and the resubmission fee shall be paid prior to permit issuance.

Table 1. DOEE Review Fees for One to Two (1–2) Unit Dwellings or Accessory Structures in Flood Hazard Areas

Permit Type

Trade / Postcard Permit or Interior Work (Not SI)

Substantial Improvement (SI)

New Construction or Addition with Footprint Change

Initial plan review fee due upon submittal to permitting database

$600.00

Final plan review fee due before issuance of approval

$200.00

Table 2. DOEE Review Fees for Residential-Only Apartment Building with Five (5) or Fewer Units in Flood Hazard Areas

Permit Type

Interior Work

(Not SI)

Substantial Improvement

New Construction or Addition with Footprint Change

Initial plan review fee due upon submittal to permitting database

$1,200.00

Final plan review fee due before issuance of approval

$600.00

Table 3. DOEE Review Fees for Minor Development (Nonresidential Structures or Mixed-Use Buildings with Three (3) or Fewer Floors and/or Five (5) or Fewer Residential Units) in Flood Hazard Areas

Permit Type

Interior Work

(Not SI)

Substantial Improvement

New Construction or Addition with Footprint Change

Initial plan review fee due upon submittal to permitting database

$200

$3,000.00

Final plan review fee due before issuance of approval

$1,500.00

Table 4. DOEE Review Fees for Major Development (Four (4) or More Floors and/or Six (6) or More Residential Units) in Flood Hazard Areas

Permit Type

Interior Work

(Not SI)

Substantial Improvement

New Construction or Addition with Footprint Change

Initial plan review fee due upon submittal to permitting database

$500

$6,000.00

Final plan review fee due before issuance of approval

$4,000.00

Table 5. DOEE Review Fees for Nonstructural Land-Disturbing Activity in Flood Hazard Areas

Permit Type

Infrastructure Projects

Nonstructural Landscaping or Site Improvements

Negligible Impact Projects

Initial plan review fee due upon submittal to permitting database

$5,000.00

$3,000.00

$200.00

Final plan review fee due before issuance of approval

$2,000.00

$1,600.00

N/A

Table 6. Additional DOEE Fees for Flood Hazard Areas

Additional Fees (any development)

due upon submission or when determined a requirement

1-2 Unit Dwellings /Accessory Structures

Other Building Work (as shown in Tables 2-4)

Nonstructural Land-Disturbing Activity

Predevelopment Meeting (per hour after five (5) free hours)

$100

Resubmission Fee (Beginning on Fourth Resubmission)

25% of initial plan review fee

Determination of Flood Hazard Zone and Elevation

$100

Review of a Hydrologic and Hydraulic (H&H) Study involving culverts or in-channel structures

$3,000 + $500 per crossing structure more than one

$3,000+ $500 per crossing structure more than one

Review of all other H&H studies

$100

$800

Processing/Review of a CLOMR or LOMR (each submission)

$800

Review of a Proposed Code Modification or Variance

$100

$800

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6554 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10772 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3105

20 DCMR § 3106 PERMIT APPLICATION PROCEDURES AND REQUIREMENTS

3106.1 In any flood hazard area, a permit issued by DOB shall be required for all new construction, substantial improvement, or development. A permit for any development on a development site located wholly or partially inside a flood hazard area will not be issued by DOB unless DOEE has determined that the proposed work conforms to the Floodplain Management Regulations.

3106.2 Permit applicants shall provide the information required by the Floodplain Management Regulations in sufficient detail and clarity to determine whether the following conditions are met:

(a) The proposal is designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the Floodplain Management Regulations and the American Society of Civil Engineers Standard 24-14 (ASCE 24), Flood Resistant Design and Construction;

(b) All utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage;

(d) Any wet-floodproofed enclosure at a new construction or substantial improvement of residential or non-residential structures is:

Used only for parking of vehicles, building access, or storage;

Designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters and is either:

(A) Certified by a District registered professional engineer or architect; or

(B) Meets the construction requirements listed in ASCE 24 related to flood resistance; and

Above grade on at least one side.

3106.3 The applicant shall provide any information or documentation requested by DOEE for DOEE to determine whether the proposed development is a substantial improvement. Required documentation includes estimates of the improvement or repair costs pursuant to the methodology set forth in the Substantial Improvement/Substantial Damage Desk Reference (FEMA P-758, May 2010).

3106.4 The applicant shall provide the following additional information, as applicable:

(a) Zone A. If the specific regulatory flood elevation for a flood hazard area has not been provided in the FIS and FIRM for a development site located in Zone A, then the applicant shall provide the following for DOEE’s review and approval:

(1) Available reports or studies from federal or District agencies or other sources related to flood elevation; or

(2) A new hydrologic and hydraulic (H&H) analysis.

(b) Subdivisions. An applicant for a subdivision (including a new manufactured home park or subdivision, or expansion to an existing manufactured home park or subdivision) of more than five (5) acres in area or with more than fifty (50) lots shall show the flood hazard area boundaries and regulatory flood elevations on the plat submitted in the application.

(c) Conditional Letter of Map Revision (CLOMR). If the project requires a CLOMR, the applicant shall provide DOEE the following documentation prepared by a registered professional engineer for submission to FEMA:

(1) Completed FEMA CLOMR forms available at https://www.fema.gov/;

(2) H&H analyses with any additional information required by FEMA;

(3) A letter of transmittal to FEMA;

(4) Receipt for payment of FEMA’s processing fees;

(5) Copies of correspondence and documentation submitted to FEMA in which the applicant addresses any issues and comments on the CLOMR request; and

(6) If FEMA issues a CLOMR, as-built plans showing the site elevations and a FEMA approved Letter of Map Revision (LOMR) prior to the issuance of a Certificate of Occupancy.

(d) Letter of Map Revision (LOMR). If the project requires a LOMR, the applicant shall provide DOEE the following documentation prepared by a District-registered professional engineer for submission to FEMA:

(1) Completed FEMA LOMR forms available at https://www.fema.gov/;

(2) H&H analyses with any additional information required by FEMA;

(3) A letter of transmittal to FEMA;

(4) Receipt of payment of FEMA’s processing fees;

(5) Before FEMA issues a LOMR, copies of correspondence letters and documentations submitted to FEMA in which the applicant addresses any issues and comments on the LOMR request; and

(6) A LOMR approved by FEMA before building permit approval, except DOEE may approve site development permits without a FEMA-approved LOMR if the site development permits are for grading or filling of the site that is necessary to elevate it and remove it from the floodplain as specified in the CLOMR.

(e) Alteration of a watercourse. For development that will alter a watercourse, the applicant shall:

(1) Provide an H&H analysis prepared and sealed by a District-registered professional engineer that demonstrates the flood-carrying capacity of the altered portion of the watercourse will not be decreased; and

(2) Make notifications in accordance with 44 CFR § 60.3(b)(6).

(f) No Adverse Impact. For all development (other than development related to interior work that is not considered substantial improvement, floodplain restoration, water body restoration, elevation of a public roadway located outside of a floodway or a flood hazard area with base flood elevations included in the FIS or on the FIRM but no designated floodways, or flood control governmental projects), an applicant shall:

Submit volumetric calculations prepared and sealed by a District-registered professional engineer or surveyor demonstrating that no net loss of natural floodplain storage will occur, as the volume of the loss of floodwater storage due to filling in the flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures at or adjacent to the development site outside the footprint of a proposed structure; or

Submit an H&H analysis prepared and sealed by a District-registered professional engineer demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the base flood elevation on any property not owned by the applicant.

(g) Floodway. For development in a floodway or in riverine flood hazard areas where design flood elevations (DFEs) are specified but floodways have not been designated, other than development related to floodplain restoration, water body restoration, or flood control governmental projects, the applicant shall provide a site plan with an H&H analysis performed in accordance with 44 CFR § 60.3(d)(3) and a No-Rise Certification prepared and sealed by a District-registered professional engineer to demonstrate that the development will not result in any increase in flood levels inside the District during the occurrence of the base flood discharge.

(h) Floodplain Restoration, Waterbody Restoration, or Flood Control Government Projects. For development related to floodplain restoration, waterbody restoration, or flood control, the applicant may, with DOEE approval, increase regulatory flood elevations up to one foot (1 ft.) if the increase in flood elevation is offset by stream or channel improvements which have been approved by DOEE. The applicant shall first provide DOEE a FEMA approved CLOMR (See also §§ 3106.4 (c) and (d)).

(i) Covenants and Agreements. Covenants and agreements shall be recorded before permit issuance, as described in § 3112.

(j) Elevation Certificates. An applicant shall submit an elevation certificate for flood elevations, building elevations, and floodway data as shown on construction drawings. Additional elevation certificates are required during and after construction as specified in § 3108.6.

(k) Floodproofing Certificates. When an applicant seeks to undertake dry floodproofing that is not prohibited by this chapter, the applicant shall submit a floodproofing certificate of flood elevations, building elevations, and floodway data as shown on construction drawings. An additional floodproofing certificate is required after construction as specified in § 3108.7.

(l) Engineered Flood Opening Documentation. For an enclosure below the DFE that complies with the Floodplain Management Regulations through the use of engineered flood openings, the applicant shall provide a statement by a registered design professional that the design of the openings will provide for equalization of hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters. The statement shall be provided to DOB and reviewed and approved by DOEE before the issuance of a certificate of completion or the first certificate of occupancy.

(m) Mechanical, Electrical, and Plumbing. For development that includes mechanical, electrical, and plumbing that is not required to be accompanied by plan designs, DOEE may request that the applicant submit supplemental documentation, such as photographs or work receipts for work performed by a licensed professional, or receive an inspection by DOEE, to verify installation that is in accordance with § 3108.1.

(n) Removing a Property from the Flood Hazard Area. Requests for removal from the flood hazard areas described in § 3101.2 (c) and (d) shall be accompanied and justified by an H&H analysis that is prepared and sealed by a registered design professional and submitted to DOEE for review.

3106.5 A permit for any development on a development site located wholly or partially inside a flood hazard area will not be issued until the applicant has obtained all legally required District and federal permits, including those required by section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.

History

SOURCE: Final Rulemaking published at 32 DCR 6547. 6558 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10776 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3106

20 DCMR § 3107 DESIGN FLOOD ELEVATIONS (DFEs)

3107.1 DFEs must be identified for all development on a development site located wholly or partially inside a flood hazard area. Applicants may voluntarily design their project to be elevated or protected at a height above the DFEs required in this section.

3107.2 If an application includes a site plan, an applicant shall provide with the site plan cross sections that show the ground elevation and DFE at the site.

3107.3 Unless otherwise designated, the DFE shall be the higher of:

(a) The base flood elevation plus a freeboard equal to two feet (2 ft.), or

(b) The high flood elevation, in accordance with the most current FIS and FIRM published by FEMA and adopted by the District.

3107.4 For critical facilities permitted wholly or partially inside flood hazard areas, the DFE shall be equivalent to that identified in § 3107.3 plus two feet (2 ft.).

3107.5 For any new construction or substantial improvement located on a development site wholly or partially inside a tidal shoreline buffer area, the DFE shall be equivalent to that identified in § 3107.3 plus three and four-tenths feet (3.4 ft.).

3107.6 If the DFE is not specified on the FIS or FIRM, the applicant shall, subject to DOEE approval, either:

Determine the DFE by obtaining, reviewing, and reasonably utilizing data available from a federal or state agency; or

Determine the DFE by using hydrologic and hydraulic engineering techniques, and as follows:

The determination shall be performed and sealed by a District-registered professional engineer.

Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by DOEE.

The accuracy of data submitted for the determination shall be the responsibility of the applicant.

3107.7 For the Zone X (shaded) flood hazard area mapped by Letter of Map Revision (LOMR) 15-03-2388P, where no high flood elevation is specified on the FIS and FIRM, the DFE shall be the elevation of the base flood elevation plus freeboard of two feet (2 ft.) if no high flood elevation data is available from a federal, state, or other source approved by DOEE. Requests for removal from this flood hazard area based on elevation shall be accompanied and justified by an H&H analysis that is prepared and sealed by a registered design professional and submitted to DOEE for review.

3107.8 For the Rhode Island Avenue Metro underpass area specified in § 3101.2(d), the DFE shall be the NAVD88 elevation of ninety-six and one-half feet (96.5 ft.).

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6559 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10777 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3107

20 DCMR § 3108 GENERAL TECHNICAL PROVISIONS

3108.1 Utilities and Finishes. The applicant shall apply the following minimum standards to all proposed development on a development site located wholly or partially inside a flood hazard area:

Installation or replacement of any electrical systems, equipment, and components; heating, ventilating, air conditioning, and plumbing appliances; plumbing fixtures; duct systems; and other service equipment shall be performed so that the systems are elevated above the DFE or designed to prevent water from entering or accumulating inside the components during flooding.

New and replacement sanitary sewage systems and gas and oil supply systems shall be designed:

(1) To minimize or eliminate infiltration of flood waters into the systems; and

(2) So that discharges from the systems into flood waters and onsite waste disposal systems are located to avoid impairment to them or contamination from them during flooding.

All new or replacement water facilities and systems shall be designed, located, and constructed to minimize or eliminate flood damage and the infiltration of flood waters.

Flood-resistant building materials and installation methods for flooring and interior and exterior walls and wall coverings shall be used below the DFE in accordance with the August 2008 version of FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements.

All electrical outlets located below the DFE shall be of the ground fault circuit interrupter (GFCI) type.

All buildings, structures, storage tanks, and appliances and components therein shall be firmly anchored in accordance with ASCE 24 to prevent flotation, collapse, or lateral movement during a flood.

3108.2 Placement. For all development on a development site located partially inside a flood hazard area, every proposed structure shall be placed or designed and constructed to minimize impact upon the flow and height of flood water.

3108.3 Additions. All additions to residential and nonresidential structures located wholly or partially inside flood hazard areas shall comply with the elevation and dry floodproofing requirements of 12-J DCMR (“District of Columbia Existing Building Code”).

3108.4 Historic Preservation. DOEE, in coordination with the Historic Preservation Office (HPO), shall review any permit application for repair or rehabilitation to historic structures wholly or partially inside a flood hazard area. If relief from any of the Floodplain Management Regulations becomes necessary for continued designation as a historic structure, the applicant shall submit either a variance petition or a code modification application as described in § 3116 and § 3117, respectively.

3108.5 Accessory Structures. For a development site located wholly or partially inside a flood hazard area:

Accessory structures that are smaller than six hundred square feet (600 sq. ft.) must be elevated, dry floodproofed, or wet floodproofed to at least the DFE; and

An accessory structure shall not be converted to a residential use.

3108.6 Elevation Certificates. For any elevated structure, the applicant shall submit to DOEE for review and approval an elevation certificate, which shall be prepared and sealed by a registered design professional using the latest FEMA Elevation Certificate Form and submitted and verified by DOEE:

As part of the initial application for a building permit as described in § 3106.4(j);

Upon placement of the lowest floor and before further vertical construction, and construction shall not continue further until this elevation certificate has been reviewed and approved; and

Before the final building inspection or before the issuance of a conditional certificate of occupancy for core and shell, whichever is earlier. Occupancy shall not begin until this elevation certificate has been reviewed and approved pursuant to the flood resistant provisions of the D.C. Building Code, 12-A DCMR § 110.3.

3108.7 Dry Floodproofing. When dry floodproofing is requested for development on a development site:

The applicant shall submit to DOEE for review and approval a floodproofing certificate, which shall be prepared and sealed by a registered design professional and submitted and verified by DOEE:

As part of the initial application in support of a building permit as described in § 3106.4(k);

Before the final inspection, the issuance of a certificate of completion, or the issuance of the first certificate of occupancy for an occupied space at grade or above, whichever is earlier; and

Using the latest FEMA Floodproofing Certificate Form.

Occupancy shall not begin until DOEE has reviewed and approved the floodproofing certificate.

The property owner shall be responsible for maintenance of the dry floodproofing system and shall record that responsibility in a declaration of covenants. The property owner must properly maintain that system as demonstrated by:

(1) Annually deploying the dry flood proofing system and documenting the deployment with a timestamped photo to be kept on file for five (5) years; and

(2) Conducting any maintenance, as specified in the floodproofing plans approved by DOEE, and preserving documentation of any maintenance conducted on site for at least five (5) years after that maintenance is conducted.

A property owner shall submit a flood emergency operations plan and inspection and maintenance plan that complies with the requirements of ASCE 24 along with all other required documentation in this chapter as part of the initial permit application to DOEE for approval.

Dry floodproofing shall be limited to areas where the flood velocities adjacent to the structure are less than or equal to five feet per second (5 ft./sec.) during the design flood. If the specific regulatory flood velocity for a development site in a flood hazard area has not been provided in the FIS and FIRM, then the applicant shall provide the following data to establish those velocities for DOEE’s review and approval:

Available reports or studies from federal or District agencies or other sources related to flood velocity; or

A hydrologic and hydraulic (H&H) analysis prepared and sealed by a District-registered professional engineer.

3108.8 Enclosures. Any enclosure shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. Designs shall be in accordance with ASCE 24 and Appendix G 12-A DCMR. Design and construction of flood openings shall meet the following criteria:

(a) There shall be at least two (2) flood openings on different sides of each enclosed area;

(b) For the substantial improvement of residential structures wholly or partially mapped in flood hazard areas having space below the DFE that has only one exterior wall, there shall be at least two (2) flood openings on one (1) side or on different sides of each enclosed area;

(c) The total net area of all flood openings shall be at least one square inch (1 sq. in.) for each one square foot (1 sq. ft.) of enclosed area, or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of flood waters;

(d) The bottom of each flood opening shall be one foot (1 ft.) or less above the higher of either the interior floor or grade or the exterior grade immediately below the opening;

(e) Any louvers, screens, or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area; and

(f) Interior partitions and load-bearing walls shall have openings to allow water to readily reach every enclosed area.

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6560 (November 15, 1985): as amended by Final Rulemaking published at 35 DCR 962, 963 (February 12, 1988); as amended by Notice of Final Rulemaking published at 57 DCR 10779 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3108

20 DCMR § 3109 RESIDENTIAL STRUCTURES

3109.1 Lowest Floor Height. For the new construction or substantial improvement of residential structures wholly or partially inside the flood hazard areas specified in § 3101.2(a), the lowest floor (including the basement, parking garage, and any ancillary residential uses) shall be at least the height of the DFE. The lowest floor of any underground parking garage or ancillary residential use portion of any new construction, or substantial improvement of a building located entirely outside of flood hazard areas specified in § 3101.2(a), but wholly or partially inside flood hazard areas specified in § 3101.2(b), (c), or (d), shall be at or above the DFE or be designed and constructed to be dry floodproofed during any flood up to the height of the DFE.

3109.2 Residential Enclosures. For the new construction or substantial improvement of residential structures wholly or partially inside flood hazard areas, any enclosures below the DFE shall only be used for parking of vehicles, building access, or incidental storage. The enclosure shall be designed and constructed in accordance with § 3108.8.

3109.3 Additions. For all lateral additions to an existing residential structure that constitute a substantial improvement and are located wholly or partially inside the flood hazard area, the lowest floor of the addition shall be at least the height of the DFE.

History

SOURCE: Final Rulemaking published at 57 DCR 10780 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3109

20 DCMR § 3110 NONRESIDENTIAL STRUCTURES

3110.1 Lowest Floor Height. For the new construction or substantial improvement of non-residential structures wholly or partially inside flood hazard areas, the lowest floor (including the basement) either shall be at least the height of the DFE or the entire structure shall be designed and constructed to be dry floodproofed during any flood up to the DFE height.

3110.2 Additions. For all lateral additions to an existing nonresidential structure that constitute a substantial improvement and are located wholly or partially inside the Flood Hazard Area, the lowest floor of the addition shall be at least the height of the DFE or designed and constructed to be dry floodproofed during any flood up to the height of the DFE for the additions to a non-residential structure.

3110.3 Nonresidential Enclosures. For the new construction or substantial improvement of non-residential structures wholly or partially inside flood hazard areas, any enclosures below the DFE shall only be used for parking of vehicles, building access, or incidental storage. Enclosed areas of non-residential structures that are below the lowest floor must be adequately anchored and built using flood resistant building material. Any utilities or service facilities located below the DFE must be designed and/or located to prevent flood damage. The enclosure shall be designed and constructed in accordance with § 3108.8.

3110.4 Non-Conversion. For any new construction of, or substantial improvement to, a nonresidential building located wholly or partially inside a flood hazard area, a non-residential space below the DFE shall not be converted to a residential use.

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6561 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10781 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3110

20 DCMR § 3111 MIXED-USE BUILDINGS

3111.1 Lowest Floor Height. The lowest floor (including basement or underground parking garage) of any new construction or substantial improvement of a mixed-use building located on a development site wholly or partially inside a flood hazard area shall either be at or above the DFE or be designed and constructed to be dry floodproofed during any flood up to the DFE.

3111.2 Residential Portion. The lowest floor of the residential portion of any new construction of, or substantial improvement to, a mixed-use building located on a development site wholly or partially inside a flood hazard area shall be at or above the DFE.

3111.3 Nonresidential Portion. The lowest floor of the nonresidential portion of any new construction or substantial improvement of a mixed-use building located on a development site wholly or partially inside a flood hazard area shall either be at or above the design flood elevation or be designed and constructed to be dry floodproofed during any flood up to the design flood elevation.

3111.4 Ancillary Residential Use Portion. The lowest floor of the ancillary residential use portion of any new construction or substantial improvement of a mixed-use building located on a development site wholly or partially inside a flood hazard area shall be at or above the DFE, except that the lowest floor of the ancillary residential use portion of any new construction or substantial improvement of a mixed-use building located entirely outside of flood hazard areas specified in § 3101.2(a), but wholly or partially inside flood hazard areas specified in §§ 3101.2(b), (c), or (d), shall be at or above the DFE or be designed and constructed to be dry floodproofed during any flood up to the height of the DFE.

3111.5 Mixed-Use Enclosures. For the new construction or substantial improvement of mixed-use structures wholly or partially inside flood hazard areas, the non-residential portions below the DFE must be dry floodproofed. All residential units, building systems and service equipment that serve residential units and ancillary areas used by residents, must be elevated above the DFE. When an enclosure is created by elevating the non-residential portions at or above the DFE, the space below the DFE shall only be used for parking of vehicles, building access, or incidental storage. These enclosed areas shall be adequately anchored and built using flood resistant building material. Any utilities or service facilities below the DFE shall be designed and/or located to prevent flood damage. The enclosure shall be designed and constructed in accordance with § 3108.8.

3111.6 Dry Floodproofing. Dry floodproofing of non-residential portions of mixed-use buildings is allowed if all residential units, building systems, and service equipment that serve residential units, and ancillary areas used by residents, are elevated above the DFE. Dry floodproofed shared accesses, such as lobbies to residential and non-residential portions, must provide separate access to the elevated residential portions of the mixed-use structures. When the separate access to the residential portions of a mixed-use building is enclosed by walls and below an elevated building, the walls must comply with the requirements for enclosures in § 3108.8.

3111.7 Non-Conversion. For any new construction of or substantial improvement to a mixed-use building located wholly or partially inside a flood hazard area, a non-residential space below the DFE shall not be converted to a residential use.

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6562 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10781 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3111

20 DCMR § 3112 COVENANTS AND AGREEMENTS

3112.1 The owner of each lot and parcel on which substantial improvement or new construction of a residential, mixed-use, or nonresidential structure is located wholly or partially inside a flood hazard area shall record with the Office of the Recorder of Deeds a non-conversion agreement not to convert areas of parking, storage, or access below the DFE to a residential use.

3112.2 The owner of each lot and parcel on which substantial improvement or new construction of an accessory structure is located wholly or partially inside a flood hazard area shall record with the Office of the Recorder of Deeds a non-conversion agreement not to convert an accessory structure to a residential use.

3112.3 The owner of each lot and parcel on which substantial improvement or new construction of any structure is located wholly or partially inside a flood hazard area and is designed to be dry floodproofed shall record with the Office of the Recorder of Deeds a covenant to maintain the dry floodproofing system, including the deployment, operation, or maintenance of the system.

3112.4 Each non-conversion agreement or covenant shall:

(a) Be in the form approved by DOEE;

(b) Be approved for technical sufficiency by DOEE;

(d) Provide for inspection of and access to the areas, structures, and systems described in the covenant or non-conversion agreement at reasonable times by DOEE or its authorized representative.

3112.5 Before any DOEE-issued permit required under this chapter is issued, the property owner shall file and record each required covenant or non-conversion agreement, at the expense of the owner, with the Office of the Recorder of Deeds.

3112.6 The owner shall provide DOB with one copy of the covenant or non-conversion agreement that is certified by the Office of the Recorder of Deeds as having been recorded among the land records against the lot and parcel on which development is occurring.

3112.7 For any modification or termination of the covenant or non-conversion agreement, the owner shall obtain prior written approval by DOEE and record the covenant or agreement accordingly.

3112.8 An agency or authority of the federal government or District Government shall not be required to make or record a covenant or non-conversion agreement. If a District property is leased to a private entity for more than three (3) years, the lessee and District agency shall sign an agreement that documents the property’s dry floodproofing system and who is responsible for its operation and maintenance, as well as an agreement not to convert an accessory structure, parking area, storage area, or access that is below the DFE into residential use.

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6562 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10781 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3112

20 DCMR § 3113 CRITICAL FACILITIES

3113.1 In addition to all other applicable provisions of this chapter, new construction of critical facilities or substantial improvement of existing critical facilities in the flood hazard areas shall comply with the additional requirements described in this section.

3113.2 The applicant shall submit materials demonstrating that:

(a) The development project has received all applicable federal and District authorizations, including approvals related to stormwater management and soil erosion and sediment control;

(b) There is no practical alternative for development outside the flood hazard area;

(c) In determining the proposed location, the applicant has considered the likelihood of inundation by sea level rise and the increased intensity of rainfall and its associated flooding over the course of the life of the critical facility structure;

(d) The development is designed to avoid or, in the alternative, minimize environmental and structural damage and other flood-related impacts from floods and from sea level rise; and

(e) Specific flood mitigation measures are incorporated into the design of the facility to protect the development and access to it.

3113.3 The applicant shall submit for DOEE’s review:

(a) A comprehensive resilient systems plan that demonstrates how any equipment and systems supporting critical functions of the development will be protected during a flood to the height of the DFE; and

(b) An evacuation plan that fully explains how any evacuation of the site before or during a one hundred (100)-year or five hundred (500)-year flood would proceed, by providing for:

Adequate vehicle access at all times and conditions; and

Alternate escape routes.

History

SOURCE: Final Rulemaking published at 57 DCR 10782 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3113

20 DCMR § 3114 HAZARDOUS AND BUOYANT MATERIALS STORAGE AND EMERGENCY PLANS

3114.1 Any proposed development on a development site that is located wholly or partially inside a flood hazard area and involves a facility that produces, stores, or disposes of hazardous materials shall be considered a critical facility and subject to § 3113.

3114.2 Any proposed development described in § 3114.1 shall be:

Elevated or designed and constructed to remain dry and prevent pollution from the facility in the event of a flood reaching the DFE for critical facilities specified in § 3107.4; and

(b) Constructed in accordance with the standards for dry floodproofing contained in § 3108.7.

3114.3 The owner of a property or a facility that is located wholly or partially inside a flood hazard area shall store any hazardous materials so that they do not come into contact with floodwaters or become debris in the event of a flood reaching the DFE for critical facilities specified in § 3107.4.

3114.4 The owner of a property or a facility that is located wholly or partially inside a flood hazard area that stores buoyant materials, including tires, storage tanks, lumber, auto body components, insulation, and prefabricated above-ground pools, shall:

Not store the materials in a flood hazard area for more than sixty (60) days; and

Anchor or enclose the materials to resist flotation.

History

SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3114

20 DCMR § 3115 TIDAL SHORELINE BUFFER

3115.1 The provisions of this section shall apply for all development on a development site located wholly or partially inside the flood hazard area known as the tidal shoreline buffer.

3115.2 A non-residential space below the tidal shoreline flood elevation shall not be converted to a residential use.

3115.3 An applicant for new construction or substantial improvement of structures wholly or partially inside the tidal shoreline buffer shall submit for DOEE’s review, in addition to documents required by the other applicable requirements in this chapter:

Evaluations to prove that alternative site locations are not possible;

A comprehensive resilient systems plan that includes a suitability assessment of equipment and systems supporting critical functions of the development and specifies flood mitigation measures that will be taken to protect this equipment and systems, and ensure continuity of operations; and

An evacuation plan that fully explains the way the development will be evacuated before or during a one hundred (100)-year and five hundred (500)-year flood by providing for:

Adequate vehicle access at all times and conditions, and

Alternate escape routes.

History

SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3115

20 DCMR § 3116 VARIANCES TO THIS CHAPTER

3116.1 An applicant for a permit in the floodplain who is subject to the requirements of this chapter may petition DOEE for a variance from any of the following as applied to the applicant:

Regulatory flood elevation determinations, flood hazard area boundaries, floodway locations, or other FIRM-related determinations;

Decisions made by DOEE regarding land-disturbing development, including but not limited to mining, dredging, filling, grading, paving, and excavations; and

Decisions made by DOEE regarding the information requirements set forth in the permit application process pursuant to § 3106.

3116.2 DOEE may grant a variance in response to a petition pursuant to § 3116.1 if the applicant shows, to the satisfaction of DOEE, that:

(a) The unique characteristics of the size, configuration, or topography of the site justify a change to the regulatory flood elevations in this chapter;

(b) Failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable due to conditions such as unique physical and topographical conditions of the property;

(c) Granting a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, or conflict with other existing laws; or regulations; or

(d) The variance is the minimum necessary to afford relief considering the flood hazard.

3116.3 A variance shall not be granted for any construction, development, use, or activity inside any floodway area that would cause any increase in the regulatory flood elevations.

3116.4 A variance shall not be granted for an accessory structure exceeding six hundred square feet (600 sq. ft.).

3116.5 When DOEE issues an order granting a variance, that order may include, and the requester must abide by, any reasonable condition or safeguard DOEE deems necessary to protect the public health, safety, and welfare, and to achieve the objectives of this chapter and the District of Columbia Applications Insurance Implementation Act (D.C. Official Code § 6-501 et seq.).

3116.6 All other requests to deviate from the floodplain management regulations, including those regarding buildings or other temporary or permanent structures, shall be made to DOB through the code modification process in § 3117.

History

SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3116

20 DCMR § 3117 CODE MODIFICATIONS TO FLOOD RESISTANT DESIGN PROVISIONS OF THE CONSTRUCTION CODES

3117.1 An applicant seeking a code modification to any provision of the Construction Codes relating to any development on a development site located wholly or partially inside a flood hazard area must have DOB approval. No approval will be granted by DOB unless:

(a) The code modification complies with the procedures set forth in Appendix

G 12-A DCMR; and

(b) DOEE has reviewed and provided a recommendation to DOB regarding the code modification request.

3117.2 Notwithstanding any provision of this section, all structures wholly or partially inside flood hazard areas shall be designed and constructed to have the capability of resisting the base flood and high flood.

History

SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3117

20 DCMR § 3118 APPEALS TO DOEE

3118.1 A person adversely affected by a decision made by DOEE under this chapter may appeal the action in accordance with this section.

3118.2 A person adversely affected by a DOEE action may, within fifteen (15) calendar days of the action, appeal the action to the Director of DOEE or the Director’s designee. In making an appeal, the person shall:

Submit the request in writing to DOEE by email to flood.risk@dc.gov, or by mail that is postmarked within fifteen (15) days of the adverse action to the Director or the Director’s designee;

Provide information or material that would support a change in or withdrawal of DOEE’s action; and

Provide any additional information requested by DOEE.

3118.3 Appeals must be in writing and include all information and material that the aggrieved person wishes to present for consideration on appeal.

3118.4 When considering an appeal, the Director or the Director’s designee may stay the effect of a decision or action being appealed pending determination of the appeal. Unless stayed, the original decision or action remains in effect.

3118.5 Any person adversely affected or aggrieved by a decision of the Director under this section may request a hearing in accordance with § 3119.

History

SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3118

20 DCMR § 3119 APPEALS TO THE OFFICE OF ADMINISTRATIVE HEARINGS

3119.1 A person adversely affected by a decision of the Director or DOEE under § 3118 may appeal the decision to the Office of Administrative Hearings (OAH) within fifteen (15) calendar days of DOEE’s final decision.

3119.2 Prehearing practice and the conduct of the hearing shall be in accordance with the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.01 et seq.), and the regulations set forth at Title 1, Chapter 28, of the District of Columbia Municipal Regulations.

History

SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3119

20 DCMR § 3120 PENALTIES

3120.1 Any person who violates this chapter and the Construction Codes (DCMR Title 12) will be subject to any applicable penalties in the Construction Codes as well as any applicable penalties provided in this chapter.

3120.2 Violations of the provisions of this chapter shall be subject to any applicable penalties provided in the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.01 et seq.), or the District of Columbia Applications Insurance Implementation Act, effective May 26, 1976 (D.C. Law 1-64; D.C. Official Code § 6-501 et seq.), as well as any civil fines, fees, and penalties established by DOEE pursuant to the Civil Infractions Act of 1985 (D.C. Official Code §§ 2-1801 et seq).

History

SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3120

20 DCMR § 3198 TRANSITION

3198.1 An applicant that has submitted a complete application in accordance with 21 DCMR § 3106 and 12-A DCMR § G104 within thirty (30) days of June 20, 2025 may comply with the previous edition of the Flood Hazard Rules.

3198.2 Applications for which DOEE determines that an unexpired approval or final report listed below conflicts with this chapter may comply with the provisions of this chapter effective as of June 19, 2025, provided that the permit is obtained before December 20, 2025:

Final approval by the Historic Preservation Review Board;

Final approval by the Commission on Fine Arts;

Final approval by the National Capital Planning Commission;

Variance or special exception from the Board of Zoning Adjustment;

Stage 2 or Consolidated Planned Unit Development review by the District Office of Planning; or

Design review by the District Office of Planning.

3198.3 If a permit under which a floodplain plan was approved by the DOEE expires or is abandoned in accordance with 12-A DCMR Chapter 1, then the DOEE’s floodplain approval shall be considered expired.

History

SOURCE: Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3198

20 DCMR § 3199 DEFINITIONS

When used in this chapter, the following words and phrases shall have the meanings ascribed:

Accessory Structure – a structure that is:

(a) Not used for human habitation;

(b) Incidental to a main structure on the premises; and

Adjacent community – any State, or political subdivision thereof, that is immediately adjacent to the borders of the District of Columbia and that has authority to adopt and enforce floodplain management regulations for areas inside its jurisdiction.

Alteration of a watercourse – a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification, which may alter, impede, retard, or change the direction or velocity of the riverine flow of water during conditions of the base flood.

Ancillary residential use portion – a portion of a building that is used by residents, but not as a residential unit. Ancillary residential uses include lobbies, mailrooms, loading docks, and gyms that are available only to residents, but do not include above-grade enclosed areas that are below the DFE and used solely for parking of vehicles, building access, or storage.

American Society of Civil Engineers Standard 24-14 (ASCE 24), Flood Resistant Design and Construction – a publication of the American Society of Civil Engineers (ASCE) that provides minimum requirements for flood-resistant design and construction of structures located in flood hazard areas. FEMA has deemed that ASCE 24 meets or exceeds the minimum National Flood Insurance Program requirements for buildings and structures. ASCE 24 is a referenced standard in the International and District of Columbia Construction Codes. ASCE 24-14 refers to the version of ASCE 24 published in 2014 that is available on the ASCE website at: https://ascelibrary.org/doi/book/10.1061/9780784413791.

Base flood – the flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the “one hundred (100)-year flood” or the “one-percent (1%)-annual-chance flood.”

Base floodplain – the area that would be inundated by a flood having a one percent (1%) chance of being equaled or exceeded in any given year, also known as the one hundred (100)-year floodplain.

Base flood elevation – the one hundred (100)-year flood elevation, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North America Vertical Datum (NAVD), or other datum specified on the Flood Insurance Rate Map (FIRM).

Basement - the portion of a building having its floor subgrade (below ground level) on all sides.

Construction – the building, rebuilding, renovation, repair, extension, expansion, alteration, or relocation of a structure.

Critical facility – a building or structure intended to remain operational in the event of extreme environmental loading from flood, wind, snow, or earthquake that contains essential equipment, houses services necessary for emergency response and recovery, or would pose a substantial risk to the public or significant disruption to the community at large in the event of failure, disruption of function during or after flooding, or damage by flooding. Critical facilities include:

Hospitals and health care facilities having surgery or emergency treatment facilities;

Fire, rescue, ambulance, and police stations and emergency vehicle garages;

Designated emergency shelters;

Designated emergency preparedness, communication, and operation centers and other facilities required for emergency response;

Power generating stations and other public utility facilities required in emergencies;

Critical aviation facilities such as control towers, air traffic control centers, and hangars for aircraft used in emergency response;

Ancillary structures such as communication towers, electrical substations, fuel or water storage tanks, or other structures necessary to allow continued functioning of a critical facility during and after an emergency;

Jails, correctional facilities, and detention facilities;

Care facilities where residents have limited mobility or ability, including nursing homes but not including care facilities for five or fewer persons;

Shelters and short-term family housing facilities for individuals experiencing homelessness;

Elementary schools and secondary schools;

Preschool and child care facilities not located in one- and two-family dwellings;

Inpatient alcohol or drug rehabilitation facilities;

Psychiatric hospitals;

Animal shelters and wildlife rehabilitation facilities; and

(p) Facilities that produce, store, or dispose of hazardous materials.

Design Flood Elevation (DFE) – the one hundred (100)-year flood elevation (base flood elevation) plus two feet (2 ft.), or the five hundred (500)-year flood elevation (high flood elevation), whichever is higher, based on the FEMA Flood Insurance Rate Map, effective September 27, 2010, and subsequent revisions and amendments as approved by FEMA, or the flood protection elevation as designated herein in accordance with the Floodplain Management Regulations.

Development – any human-made change to improved or unimproved premises, including buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, operations, and other land-disturbing activities.

Development Site – a record lot located wholly or partially inside a flood hazard area on which any development is proposed to occur.

District-registered professional engineer – an engineer who registers as a professional engineer and becomes licensed to practice as an engineer in the District of Columbia.

District of Columbia (D.C.) Building Code – the District of Columbia Building Code Supplement, 12-A DCMR, or any successor thereto.

District of Columbia (D.C.) Construction Codes − the District of Columbia Construction Codes Supplement, 12-A DCMR, and any subsequent editions thereof, or any successor thereto.

DOB – the District of Columbia Department of Buildings.

DOEE – the Department of Energy and Environment.

Dry floodproofing – a combination of design modifications that result in a building or structure, including the attendant utility and sanitary facilities, being watertight with walls substantially impermeable to the passage of water and with structural components having the capacity to resist hydrostatic loads.

Elevation Certificate – the National Flood Insurance Program Elevation Certificate (FEMA form 086-0-33), any successor to FEMA form 086-0-33, or other DOEE-approved form used to certify that new buildings and substantial improvements in flood hazard areas are properly elevated in accordance with the Floodplain Management Regulations.

Enclosure – an area below the lowest floor of an elevated building that is enclosed on all sides by walls.

Encroachment – the placement of fill, excavation, buildings, permanent structures, or other development into a flood hazard area that may impede or alter the flow capacity of riverine flood hazard areas.

Existing manufactured home park or subdivision – a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is finished before the effective date of the Floodplain Management Regulations adopted by the District of Columbia.

Expansion to an existing manufactured home park or subdivision – the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA – the Federal Emergency Management Agency.

Flood or flooding – a general and temporary condition of partial or complete inundation of normally dry land from:

The overflow of inland or tidal waters; or

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard area – the land inside the five hundred (500)-year (Zone X(shaded)) or one hundred (100)-year (Zones A, AE, A1-30, A99, AR, AO, or AH) floodplain in accordance with the FEMA Flood Insurance Rate Map, effective September 27, 2010, and subsequent revisions and amendments as approved by FEMA, or other area designated herein as a flood hazard area in accordance with the Floodplain Management Regulations.

Flood Insurance Rate Map (FIRM) – an official map of a community on which FEMA has delineated both the flood hazard areas and other risk premium zones applicable to the community.

Flood Insurance Study (FIS) – the official report provided by FEMA containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood, and supporting technical data.

Floodplain – a relatively flat or low land area that is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; or any area subject to the usual and rapid accumulation of surface waters from any source.

Floodplain Management Regulations – The flood-resistant construction provisions of the D.C. Construction Codes, in combination with this chapter.

Floodproofing – any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Floodproofing Certificate – the National Flood Insurance Program Floodproofing Certificate for Non-Residential Structures (FEMA form 086-0-34), any successor to FEMA form 086-0-34, or other DOEE approved form used to certify a floodproofing design for buildings that are permitted by these regulations to use dry floodproofing as an alternative to elevating to or above the DFE.

Floodway – the channel of a river, creek, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Freeboard – a factor of safety usually expressed in feet above a flood level for purposes of floodplain management intended to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Hazardous Materials – The following materials:

Acetone;

Ammonia;

Benzene;

Calcium carbide;

Carbon disulfide;

Celluloid;

Chlorine;

Hydrochloric acid;

Hydrocyanic acid;

Magnesium;

Nitric acid and oxides of nitrogen;

Petroleum products (gasoline, fuel oil, etc.);

Phosphorus;

Potassium;

Sodium;

Sulfur and sulfur products;

Pesticides (including insecticides, fungicides, and rodenticides); and

Radioactive substances.

High flood – the flood having a two-tenths percent (0.2%) chance of being equaled or exceeded in any given year, also known as the five-hundred (500)-year flood.

High flood elevation – the five hundred (500)-year flood water surface elevation, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North America Vertical Datum (NAVD), or other datum specified on the Flood Insurance Rate Map (FIRM).

Historic structure – any structure that is:

(a) Individually listed in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

Hydrologic and Hydraulic (H&H) Analysis – an analysis that quantifies the volumetric flow of water. Hydraulic analyses determine the depth of flow, flow velocity, and forces from flowing water.

Interior Flooding – Floods, also known as flash floods, urban floods, stormwater floods, and cloudburst floods, that are caused by heavy rainfall that cannot be absorbed by the ground and then overwhelm the drainage system. Interior flooding can occur when river elevations are normal because interior floods are attributed to topography, development, localized weather, and the capacity of stormwater systems. Generally, areas of interior flood risk are not mapped on FEMA’s flood insurance rate maps.

Land-disturbing activity – Movement of earth, land, or sediment that disturbs the land surface and the related use of pervious land to support that movement. Land-disturbing activity includes stripping, grading, grubbing, trenching, excavating, transporting, and filling of land, as well as the use of pervious adjacent land for movement and storage of construction vehicles and materials. Land-disturbing activity does not include repaving or remilling that does not expose the underlying soil.

Letter of Map Change – an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

Letter of Map Amendment (LOMA) – An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

Letter of Map Revision (LOMR)– A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

Letter of Map Revision Based on Fill (LOMR-F) – A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located inside the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.

Conditional Letter of Map Revision (CLOMR) – A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for the projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Lowest floor – the floor of the lowest enclosed area, including basement. The term excludes the floor of any unfinished or flood-resistant enclosure usable solely for vehicle parking, building access or limited storage provided that the enclosure is not built so as to render the structure in violation of Section 1612 of the D.C. Building Code and Appendix G 12-A DCMR.

Manufactured home – a structure that is transportable in one or more sections, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development in 24 CFR Part 3280. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for one hundred eighty (180) consecutive days or longer.

Mixed-use building – any building or structure that has non-residential and residential portions.

National Flood Insurance Program (NFIP) – a Federal program administered by FEMA enabling property owners in participating communities to purchase insurance protection against losses from flooding. Participation in the NFIP is based on an agreement between local communities and FEMA under which FEMA agrees to make flood insurance available in the community as a financial protection against flood losses if the community will adopt and enforce a floodplain management ordinance to reduce future flood risks from new construction and development in flood hazard areas.

NAVD88 – the North American Vertical Datum of 1988 (NAVD88), which is the current vertical control datum for the District of Columbia. It defines a specific zero (0) elevation point from which vertical elevation is measured.

New construction – site preparation for, and construction of, entirely new structures and structures that maintain only the existing foundation, the exterior walls, or both. New construction means, for the purposes of determining insurance rates, structures for which the “start of construction” started on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to the structures. For floodplain management purposes, new construction means structures for which the start of construction started on or after the effective date of a floodplain management regulation adopted by the District and includes any subsequent improvements to the structures.

New manufactured home park or subdivision – a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is finished on or after the effective date of these regulations.

No-Rise Certification – a document that the applicant provides to demonstrate that their project does not cause any increase to the base flood elevation.

Non-residential – any building or structure or portion thereof that is not classified residential.

Non-residential portion of a mixed-use building – a portion of the mixed-use building that is available for use by the general public or is publicly accessible.

Recreational vehicle – a vehicle that is built on a single chassis, four hundred square feet (400 sq. ft.) (thirty-seven and sixteen hundredths square meters (37.16 m2)) or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices and has no permanently attached additions.

Registered Design Professional – an individual who is registered or licensed to practice engineering, architecture, or land surveying, as defined by the statutory requirements of the professional registration laws of District of Columbia.

Residential – refers to:

Building and structures and portions thereof in which people live or that are used for sleeping purposes on a transient or non-transient basis;

Structures including one (1)- and two (2)-family dwellings, townhouses, condominiums, multifamily dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and

Institutional facilities in which people are cared for or live on a twenty-four hour (24 hr.) basis in a supervised environment including board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.

Residential portion of a mixed-use building – residential or dwelling unit where people live or that are used for sleeping purposes. Ancillary residential uses such as lobbies, mailrooms, loading docks, and gyms that are available only to residents inside the residential portion of a mixed-use building.

Resilient systems plan – a suitability assessment of equipment and systems that support critical functions of the facility and that specifies flood mitigation measures that will be taken to protect the systems.

Resubmission – after the initial submission of a permit application by an applicant to DOEE, each time the applicant makes changes to, or provides new information for their application (including at the request of DOEE), is considered a resubmission.

Special flood hazard area – the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30.

Start of construction – the date of permit issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within one hundred eighty (180) days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings, or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure – for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home or recreational vehicle that is on-site for more than one hundred eighty (180) days.

Subdivision – the division or assembly of land into one or more lots of record that are platted and recorded on the records of the Surveyor in accordance with the Subdivision Regulations of the District of Columbia, 10B DCMR §§ 2700 et seq.

Substantial damage – damage of any origin sustained by a structure for which the cost of restoring the structure to the condition before the damage occurred would equal or exceed 50 percent (50%) of the tax assessed value of the structure before the damage occurred.

Substantial improvement – any combination of repairs, reconstruction, rehabilitation, additions, modifications, or improvements of a building or structure made during the five (5)-year period immediately preceding a permit application, the aggregate cost of which, together with the cost of the work proposed by the latest permit application, equals or exceeds fifty percent (50%) of the tax assessed value of the structure before the start of construction. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not include:

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions, or

Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a detached one (1)- and two (2)-family dwelling or townhouse not more than three stories above grade plane in height with a separate means of egress located wholly outside of flood hazard areas described in § 3101.2 (a), the cost of which is less than two hundred thousand dollars ($200,000). The Floodplain Administrator may adjust this value annually using updated assessment data from the Office of Tax and Revenue for the value of improvements at residential properties in Zone X (shaded).

Tidal shoreline buffer – land projected to be inundated by water by year 2080 due to changes in sea level as determined by best available science. The flood hazard area is the land inside the Tidal Shoreline Buffer layer depicted in the DOEE Flood Risk Portal (http://dcfloodrisk.org/), along with any subsequent revisions and amendments.

Watercourse – A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

Wet floodproofing – floodproofing method that relies on the use of flood-damage-resistant materials and construction techniques to minimize flood damages to areas below the DFE of a structure intentionally allowed to flood.

History

SOURCE: Final Rulemaking published at 32 DCR 6547, 6562 (November 15, 1985); as amended by Final Rulemaking published at 35 DCR 962, 963 (February 12, 1988); as amended by Notice of Final Rulemaking published at 57 DCR 10782 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3199

20-32 MOLD AND RADON LICENSURE AND CERTIFICATION

20 DCMR § 3200 Purpose and Scope

3200.1 The purpose of this chapter is to implement Title III of the Air Quality Amendment Act of 2014 (Act), effective September 9, 2014 (D.C. Law 20-135; D.C. Official Code §§ 8-241.01 et seq.

3200.2 This chapter establishes (1) a licensing program for indoor mold assessment and remediation professionals performing work on all properties in the District of Columbia, (2) a mold contamination threshold for residential properties of ten square feet (10 ft.2) of indoor mold growth in an affected area, and (3) guidelines for residential indoor mold assessment and remediation below the threshold level.

3200.3 Indoor mold remediation obligations of residential property owners and tenants are stated in D.C. Official Code § 8-241.04 (2013 Repl. & 2015 Supp.).

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3200

20 DCMR § 3201 Exceptions and THRESHOLD FOR MOLD PROFESSIONALS

3201.1 This chapter shall not apply to:

(a) The following activities when not conducted for the purpose of complying with D.C. Official Code § 8-241.04 (2013 Repl. & 2015 Supp.):

(1) Routine cleaning;

(2) The diagnosis, repair, cleaning, or replacement of plumbing, heating ventilation, air conditioning, electrical, or air duct systems or appliances;

(3) Commercial or residential real estate inspections; or

(4) The incidental discovery or emergency containment of indoor mold growth during the conduct or performance of services listed in this subsection.

(b) The repair, replacement, or cleaning of construction materials during the construction of a structure; or

3201.2 A license shall not be required under this chapter to perform mold assessment or remediation in a residential property containing a total surface area of less than ten square feet (10 ft.2) of indoor mold growth in an affected area.

3201.3 A license shall not be required under this chapter to perform mold assessment or remediation in an outdoor area or a non-residential property.

3201.4 A license shall not be required under this chapter to perform mold assessment or remediation when it is performed by the owner of a residential dwelling unit when the dwelling unit is owner occupied.

3201.5 An individual shall not be required to be licensed under this chapter to perform mold assessment or mold remediation while supervised by a licensee.

3201.6 An individual shall not be required to be licensed under this chapter if they are currently licensed by the District of Columbia or another jurisdiction in another field (including, but not limited to, medicine, architecture, or engineering) who provide to a licensee only consultation related to that other field. In such a case, the responsibility for the project or activity remains with the licensee.

3201.7 An individual shall not be required to be licensed under this chapter if they are performing the regulated activities of a licensed insurance adjuster, including investigation and review of losses to insured property, assignment of coverage, and estimation of the usual and customary expenses due under the applicable insurance policy, including expenses for reasonable and customary mold assessment and remediation.

3201.8 An individual who is performing mold assessment or remediation under the licensing exemption(s) of § 3201.2 and identifies indoor mold growth of ten square feet (10 ft.2) or more in an affected area shall:

(a) Immediately cease all assessment or remediation work; and

(b) Advise the person requesting the assessment or remediation that the exemption under § 3201.2 is no longer applicable and that any additional work in the area shall be conducted by a licensee under this chapter.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3201

20 DCMR § 3202 Requirements and Fees To Obtain a License

3202.1 Regardless of the exceptions in § 3201, an individual shall not engage in the business of mold assessment or mold remediation without a license issued pursuant to this section.

3202.2 Each individual applying for a license under this chapter shall be at least eighteen (18) years old at the time of application.

3202.3 An individual applying for a license under this chapter shall apply to the Department after passing an examination approved by the Department pursuant to this subsection.

3202.4 The Department may administer an examination following the standards enumerated in this section to assist in the licensure of indoor mold assessment and remediation professionals.

3202.5 The Department may approve examinations offered by organizations that are recognized in the mold assessment or mold remediation industry. The Department may also approve other states’ examinations. The Department’s website shall contain an active list of approved examinations.

3202.6 The Department shall adhere to the following standards for approval of mold assessment and remediation examinations:

(a) The examination shall be proctored;

(b) The mold assessment examination shall cover:

(1) The physical sampling and detailed evaluation of data obtained from a building history and inspection to formulate a hypothesis about the origin, identity, location, and extent of amplification of indoor mold growth; and

(2) Mold remediation strategies.

(c) The mold remediation examination shall cover remediation planning and the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter.

3202.7 The Department may consider the following standards when approving an examination:

(a) The overall difficulty of the examination, including the depth and variety of questions, and the score required to pass;

(b) The examination covers topics referenced in § 3208.7; and

(c) The recognized organization providing the examination requires examinees to participate in initial and refresher training, following the standards in § 3208, in the areas of mold assessment or remediation.

3202.8 An individual shall have either passed a Department-approved examination or recertified their credential no more than two (2) years prior to submitting an application to the Department.

3202.9 An individual applying to be licensed as an indoor mold assessment or remediation professional shall meet one or more of the following education and experience requirements of this subsection:

(a) At least a two (2) year associate degree, or the equivalent, with at least thirty (30) semester hours in microbiology, engineering, architecture, industrial hygiene, occupational safety, or a related field of science from an accredited institution and a minimum of one (1) year of documented relevant field experience;

(b) A certified industrial hygienist, a professional engineer, a professional registered sanitarian, a certified safety professional, or a registered architect, with at least six (6) months of documented relevant field experience; or

3202.10 An applicant for an indoor mold assessment or remediation professional license shall submit a completed application that includes the following:

(a) A fee of three hundred dollars ($300) for an initial application.

(b) Documentation that the applicant meets the following requirements:

(1) The age requirement, as specified in § 3202.2;

(2) The examination requirement, as specified in § 3202.4 or 3202.5;

(3) One of the educational and experience requirements, as specified in § 3202.9;

(4) The insurance requirement, as specified in § 3207;

(5) Upon Department approval of training providers, the training requirements, as specified in § 3208; and

(6) Any other information that the Department requires for a complete application.

(c) For a renewal, submit the evidence required in § 3202.10(b)(2), (4), (5), and (6), and a fee of one hundred and five dollars ($105).

3202.11 Submission of a current, valid license for mold assessment or remediation that is issued by another state, as approved by the Department following the standards established in this section, is sufficient for practice as an indoor mold assessment or remediation professional in the District of Columbia, if the applicant includes in an application to the Department:

(a) A fee of three hundred dollars ($300) for an initial application.

(b) Documentation that the applicant meets the following requirements:

(1) The applicant is licensed and in good standing by an approved state; and

(2) Any other information that the Department requires for a complete application.

3202.12 The term of each license shall be two (2) years.

3202.13 A licensee whose license has expired but continues to hold himself or herself out as an indoor mold assessment or remediation professional is in violation of this chapter.

3202.14 Beginning in 2017, license fees charged by the Department may be adjusted annually based on the change in the Consumer Price Index value published by the U.S. Department of Labor for all-urban consumers.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3202

20 DCMR § 3203 Scope of Mold Licenses

3203.1 An indoor mold assessment professional is permitted to:

(a) Record visual observations and take on-site measurements, including temperature, humidity, and moisture levels, during an initial or post-remediation mold assessment;

(b) Collect samples for mold analysis during a mold assessment;

(c) Plan surveys to identify conditions favorable for indoor mold growth or to determine the presence, extent, amount, or identity of mold or suspected mold in a building;

(d) Conduct activities recommended in a plan developed under paragraph (c) of this subsection and describe and interpret the results of those activities;

(e) Determine locations at which the licensee or individuals under the licensee’s supervision shall record observations, take measurements, or collect samples;

(f) Prepare a mold assessment report, including the observations made, measurements taken, and locations and analysis;

(g) Develop a mold management plan for a building or dwelling unit, including recommendations for periodic surveillance, response actions, and prevention and control of indoor mold growth;

(h) Prepare a mold remediation protocol, including the evaluation and selection of appropriate remediation strategies, personal protective equipment, engineering controls, project layout, post-remediation verification evaluation methods and criteria, and preparation of plans and specifications; and

(i) Evaluate a mold remediation project for the purpose of verifying that indoor mold identified for the remediation project has been remediated as outlined in a mold remediation protocol.

3203.2 An indoor mold remediation professional is permitted to:

(a) Perform mold remediation, as defined in § 3299.1;

(b) Prepare a mold remediation work plan providing instructions for the remediation efforts to be performed for a mold remediation project;

(c) Conduct and interpret the results of activities recommended in a mold remediation work plan developed under paragraph (b) of this subsection; and

(d) Complete appropriate sections of a verification report, as defined in § 3299.1.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3203

20 DCMR § 3204 Prohibitions and Licensee Obligations

3204.1 An individual shall not perform indoor mold assessment or remediation in the District of Columbia, unless licensed by the Department, or exempted by § 3201.

3204.2 Regardless of the exceptions in § 3201, a person shall not use the name or title of “licensed,” “professional,” “certified,” or any other term or terms that communicates a level of expertise in mold assessment or remediation, unless that person is an individual licensed by the Department or employs individuals who are licensed with the Department.

3204.3 All persons using such names or titles as referenced in § 3204.2 shall have readily available their name and license number or the name and license number of the individual(s) who are an employee of that person and who are also licensed by the Department.

3204.4 All licensees shall:

(a) Perform only services that they are licensed to conduct;

(b) Meet or exceed the minimum industry standards for mold assessment and remediation and the standards set in this chapter;

(d) To the extent required by law, keep confidential any personal information (including medical conditions) obtained during the course of a mold-related activity;

(e) Promptly furnish required documents or information to the Department and promptly respond to requests for information from the Department;

(f) Maintain knowledge and skills for continuing professional competence;

(g) Promptly report alleged misrepresentation or violations of the Act or this chapter to the Department;

(h) Competently and efficiently perform their duties and report to the Department incompetent, illegal, or unethical conduct of any licensee; and

(i) Supervise any person assisting with the licensee’s work and ensure that supervisees are following best practices and applicable laws and regulations.

3204.5 Licensees shall not:

(a) Accept or offer any compensation to any other mold licensee or their company for the referral of any mold-related business;

(b) Assess or remediate any property in which the indoor mold assessment professional or indoor mold remediation professional or their company has any financial interest;

(d) Provide any information to the Department or client that is false, deceptive, or misleading;

(e) Work if impaired as a result of drugs, alcohol, sleep deprivation, or other conditions and not allow supervisees to work if the licensee knows or reasonably should know that the supervisee is impaired;

(f) Make any false, misleading, or deceptive claims, or claims that are not readily subject to verification, in any advertising, announcement, presentation, or competitive bidding;

(g) Make a representation that is designed to take advantage of the fears or emotions of the public or a customer;

(h) Retaliate against any person who reported in good faith to any District of Columbia agency, department, or instrumentality, alleging incompetent, illegal, or unethical conduct;

(i) Supervise the work of more than ten (10) individuals at one time; or

3204.6 Indoor mold professional shall:

(a) Provide to the client and the current resident of the unit a mold assessment report following an initial mold assessment. If the licensee includes the results of the initial assessment in a mold remediation protocol or a mold management plan, not provide a separate assessment report;

(b) If indoor mold growth is identified in a mold assessment, provide to the client and the current resident of the unit a mold remediation protocol before a remediation project begins;

(c) Within ten (10) days after successful completion of remediation activities, provide a verification report to the client, the current resident of the unit, and the appropriate indoor mold remediation professional. If an indoor mold assessment professional ceases to be involved with a project before it passes verification, provide a final status report to the client, the current resident of the unit, and the appropriate indoor mold remediation professional.

(d) In all issued reports, protocols, or other documents, include the date when the document was issued to the client and the current resident of the unit and all indoor mold assessment professionals’ names, license numbers, and, if applicable, business name and addresses.

Notice given to any current resident of the unit in question satisfies the notice requirements in (a) through (d) above.

3204.7 When conducting mold remediation, indoor mold remediation professionals shall:

(a) Provide to a client a mold remediation work plan for the project before the mold remediation preparation work begins;

(b) Inquire of the client or property owner whether any known or suspected hazardous materials, including lead-based paint and asbestos, are present in the project area, and, if present, follow appropriate work practices in accordance with District and federal law;

(c) Provide to the client a completed verification report not later than the tenth (10th) day after receiving the verification report from the indoor mold assessment professional. The client shall provide a completed verification report to the current resident of the residential unit not later than the tenth (10th) day after receiving the verification report from the indoor mold remediation professional; and

(d) In all issued reports, plans, or other documents, include the date when the document was issued to the client and all indoor mold remediation professionals’ names, license numbers, and, if applicable, business name and addresses.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016); as amended by Final Rulemaking published at 68 DCR 5018 (May 7, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3204

20 DCMR § 3205 Minimum Performance standards and work Practices for Licensees

3205.1 Indoor mold assessment professionals shall adhere to the following minimum standards:

(a) If an indoor mold assessment professional determines that personal protective equipment should be used during a mold assessment project, the indoor mold assessment professional shall ensure that all individuals who engage in assessment activities and who will be, or are anticipated to be, exposed to indoor mold growth are provided with, fit tested for, and trained on the appropriate use and care of the specified personal protective equipment;

(b) If samples for laboratory analysis are collected during the assessment:

(1) Sampling and analysis shall be performed according to industry best practices;

(2) Preservation methods shall be implemented for all samples where necessary;

(3) Proper sample documentation, including the sampling method, the sample identification code, each location and material sampled, the date collected, the name of the person who collected the samples, and the project name or number, shall be recorded for each sample; and

(4) Proper chain of custody procedures shall be used;

(c) If mold remediation is to be conducted by an indoor mold remediation professional, prepare a mold remediation protocol that is specific to each remediation project and provide the protocol to the client before the remediation begins. The mold remediation protocol shall specify:

(1) The rooms or areas where the work shall be performed;

(2) The estimated quantities of materials to be cleaned or removed;

(3) The methods to be used for each type of remediation in each area;

(4) The personal protective equipment to be used by indoor mold remediation professionals. A minimum of an N-95 respirator is recommended during mold-related activities when indoor mold growth could or will be disturbed. An indoor mold assessment professional may specify additional or more protective personal protective equipment if he or she determines that it is warranted;

(5) The proposed types of containment, as described in (d) of this subsection, to be used during the project in each area; and

(6) The proposed verification procedures and criteria, as described in paragraph (h) of this subsection, for each type of remediation in each area;

(d) Containment shall be specified in a mold remediation protocol when a total surface area of ten square feet (10 ft.2) or more of indoor mold growth is in an affected area, unless the indoor mold assessment professional describes in the mold remediation protocol why containment is not necessary;

(e) If walk-in containment is used, supply and return air vents shall be covered with plastic, and air pressure within the walk-in containment shall be lower than the pressure in building areas adjacent to the containment;

(f) An indoor mold assessment professional indicating a specific disinfectant, biocide, or antimicrobial coating in a mold remediation protocol shall recommend only products or brands if it is registered by the District of Columbia and the United States Environmental Protection Agency for the intended use and uses consistent with the manufacturer’s labeling instructions;

(g) A decision by an indoor mold assessment professional to use products in paragraph (f) of this subsection shall take into account the potential for occupant sensitivities and possible adverse reactions to chemicals that have the potential to be off-gassed from surfaces coated with such products; and

(h) In the remediation protocol for the project, the indoor mold assessment professional shall specify:

(1) At least one industry-recognized analytical method for use within each remediated area to determine whether the indoor mold growth identified for the project has been remediated as outlined in the mold remediation protocol;

(2) The criteria to be used for evaluating analytical results to determine whether the mold remediation project is verified as complete;

(3) That post-remediation assessment shall be conducted while walk-in containment is in place, if walk-in containment is specified for the project; and

(4) The procedures to be used in determining whether the underlying causes of the mold identified for the project have been remediated so that it is reasonably certain that the mold will not return from those same causes.

3205.2 Indoor mold remediation professionals shall adhere to the following standards:

(a) An indoor mold remediation professional shall prepare a mold remediation work plan that is specific to each project, fulfills all the requirements of the mold remediation protocol, and provides specific instructions or standard operating procedures for how a mold remediation project shall be performed. The indoor mold remediation professional shall provide the mold remediation work plan to the client before site preparation work begins;

(b) If an indoor mold assessment professional specifies in the mold remediation protocol that personal protective equipment is required for the project or if the indoor mold remediation professional determines that individuals require personal protective equipment, the indoor mold remediation professional shall provide the specified personal protective equipment to all individuals who engage in remediation activities and who will, or are anticipated to, disturb or remove indoor mold growth. The recommended minimum personal protective equipment is an N-95 respirator;

(d) If walk-in containment is used, supply and return air vents shall be covered with plastic, and air pressure within the walk-in containment shall be lower than the pressure in building areas adjacent to the containment;

(e) Signs advising that a mold remediation project is in progress shall be displayed at all accessible entrances to remediation areas and shall meet the following requirements:

(1) The signs shall be at least eight (8) inches by ten (10) inches in size and shall bear the words “NOTICE: Mold remediation project in progress” in black on a yellow background; and

(2) The text of the signs shall be legible from a distance of ten (10) feet;

(f) No person shall remove or dismantle any walk-in containment structures or materials from a project site prior to receipt, by the indoor mold remediation professional overseeing the project, of a written notice from an indoor mold assessment professional that the project has been verified as complete as described under § 3299.1;

(g) Disinfectants, biocides, and antimicrobial coatings may be used only if their use is specified in a mold remediation protocol, if they are registered by the District of Columbia and the United States Environmental Protection Agency for the intended use, and if the use is consistent with the manufacturer’s labeling instructions; and

(h) If a protocol specifies the use of such a product, as referenced in paragraph (g), but does not specify the brand or type of product, an indoor mold remediation professional may select the brand or type of product to be used, subject to the other provisions of this chapter.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3205

20 DCMR § 3206 Minimum Work Guidelines and REQUIREMENTS For Non-Licensees: Assessment

3206.1 In general, an indoor mold assessment professional should be consulted when assessing the extent of a moisture problem, indoor mold growth, and performing other related activities.

3206.2 The following guidelines are applicable to non-licensed individuals performing mold assessment on areas potentially affected by less than ten square feet (10 ft.2) of indoor mold growth; unless exempt by § 3201, a non-licensed individual shall not perform mold assessment on ten square feet (10 ft.2) or more of indoor mold growth in an affected area.

3206.3 Prior to taking any steps to clean, scrape, remove, paint over, or otherwise remediate any indoor mold growth, a visual inspection should be performed that assesses the following:

(a) The extent of water damage, indoor mold growth, and affected building materials;

(b) Crawl spaces, attics, behind wallboards, carpet backing and padding, wallpaper, baseboards, insulation, and other materials that are suspected of hiding indoor mold growth;

(c) Ventilation systems for damp conditions and indoor mold growth on system components, like filters, insulations, and coils or fins; and

(d) Certain materials that are susceptible to indoor mold growth when damp, including ceiling tiles, paper-covered gypsum wallboard (drywall), structural wood, and other cellulose-containing surfaces.

3206.4 If assessment work might disturb indoor mold growth, personal protective equipment, like gloves and respiratory protection, should be worn.

3206.5 If indoor mold growth or water-damaged materials are visually identified, remediation shall be conducted in accordance with the guidance document published by the Department.

3206.6 If ten or more square feet (10 ft.2) of indoor mold growth in an affected area is visually identified, the property owner, unless if exempt by § 3201.4, shall hire an indoor mold assessment professional who is licensed pursuant to § 3202 to conduct an indoor mold assessment.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3206

20 DCMR § 3207 Licensee Insurance Requirements

3207.1 An indoor mold assessment professional shall maintain general liability and errors and omissions insurance coverage of at least one million dollars ($1,000,000) for preliminary and post-remediation mold assessment.

3207.2 An indoor mold remediation professional shall maintain a general liability insurance policy in an amount of at least one million dollars ($1,000,000) that includes specific coverage for mold-related and general pollution claims.

3207.3 An indoor mold assessment professional or an indoor mold remediation professional shall maintain the applicable insurance policy unless covered under an employer’s policy.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3207

20 DCMR § 3208 APPLICANT AND LICENSEE TRAINING REQUIREMENTS

3208.1 Upon the Department’s approval of training organizations, applicants and licensees shall meet the training requirements in this section.

3208.2 The same training performed to obtain and maintain a third-party accreditation can be used to meet the requirements in this section.

3208.3 Applicants and licensees shall take and complete training performed by Department-approved training providers.

3208.4 The Department shall require the following individuals to complete twenty-four (24) hours of training, with a minimum of four (4) hours of hands-on training, no more than two (2) years prior to submission of the application:

(a) Applicants seeking an initial District indoor mold assessment or remediation professional license; and

(b) Applicants that have allowed their District indoor mold assessment or remediation professional license to lapse for two (2) years or more.

3208.5 The Department shall require the following individuals to complete four (4) hours of refresher training no more than two (2) years prior to submission of the application: licensees seeking to renew a District indoor mold assessment or remediation professional license that either have not allowed their license to lapse or have allowed their license to lapse for less than two (2) years.

3208.6 Upon the Department’s approval of training organizations, the Department shall develop and maintain an active list of approved training providers on its website.

3208.7 The Department shall consider the following standards when approving twenty-four (24) hour training courses:

(a) For an indoor mold assessment professional, the course shall address the following topics:

(1) Role and responsibilities of an indoor mold assessment professional;

(2) Background information on mold, including health effects;

(3) Employee personal protective equipment;

(4) Workplace safety hazards, including other environmental hazards, such as lead and asbestos;

(5) Knowledge of building construction related to eliminating moisture problems, including elements of airflow, mechanisms of moisture and heat flow, humidity, the building envelope, and porous and nonporous materials;

(6) Current relevant industry work practices and standards, including the use and reading of moisture meters and an understanding of HVAC systems;

(7) Pre-assessment planning and interpretation of previous mold assessment records;

(8) Mold assessment report development and recordkeeping;

(9) Inspection and sampling techniques for mold assessment;

(10) Designing a mold management plan, mold remediation protocol, and verification report;

(11) Public, employee, and building occupant relations;

(12) Liability and insurance issues relating to mold assessment; and

(13) Supervisory techniques for mold assessment activities including implementation of required work practices and prevention of unsafe work practices.

(b) For an indoor mold remediation professional, the course shall address the following topics:

(1) Role and responsibilities of an indoor mold remediation professional;

(2) Background information on mold including health effects;

(3) Employee personal protective equipment;

(4) Workplace safety hazards, including other environmental hazards such as lead and asbestos;

(6) Current relevant industry work practices, including the use and reading of moisture meters, duct cleaning, and use of drying equipment;

(7) Pre-remediation planning and interpretation of a mold assessment report and a mold remediation protocol;

(8) Designing a mold remediation work plan;

(9) Liability and insurance issues relating to mold remediation;

(10) Recordkeeping for mold remediation projects; and

(11) Supervisory techniques for mold remediation activities including implementation of required work practices and prevention of unsafe work practices.

(c) For an indoor mold assessment and remediation professional, the course should address the District’s mold statute (D.C. Official Code §§ 8-231.01 et seq.) and this chapter.

3208.8 The Department shall consider the following standards when approving refresher training courses lasting four (4) hours: Comprehensive review of the respective twenty-four-hour (24) course topics with specific emphasis and update on current relevant mold assessment and remediation industry work practices and standards.

3208.9 When considering training providers for approval, the Department shall give preference to training providers that meet the following standards:

(a) Instructors and guest speakers present in person at least fifty percent (50%) of the classroom instruction and all of the hands on instruction;

(b) Courses that require hands-on practical training are presented in an environment that permits each student to have actual experience performing tasks associated with mold-related activities;

(d) Those providing training have experience, education, or training in teaching workers or adults in the areas of mold assessment, remediation, or a related field;

(e) Development and implementation of plans to maintain and improve the quality of the training program to reflect innovations in the field;

(f) The provider is not also providing a Department-approved third-party examination;

(g) The provider requires students to pass a closed-book, fifty (50) question multiple choice examination after training to ensure retention of topics covered by the course, requiring a passing score of seventy percent (70%) or higher; and

(h) Upon the student passing training examinations in paragraph (g), the provider issues completion certificates to the students.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3208

20 DCMR § 3209 Notification Requirements

3209.1 An indoor mold assessment professional shall notify the Department when he or she determines that a property has ten or more square feet (10 ft.2) of indoor mold growth in an affected area, in accordance with the following requirements:

The notification shall include the address of the site, a short description of the building and its mold condition, the name of the client, the date(s) of the assessment, and the name and license number of the indoor mold assessment professional; and

(b) The notification shall be provided to the Department no more than five (5) calendar days after issuance of a mold assessment report, mold remediation protocol, or a mold management plan.

3209.2 An indoor mold remediation professional shall notify the Department of a planned mold remediation at a property when it has ten or more square feet (10 ft.2) of indoor mold growth in an affected area, in accordance with the following requirements:

(a) The notification shall include the address of the site, a short description of the building, the name of the client, the start date, the anticipated stop date, and the name and license number of the indoor mold remediation professional;

(b) The indoor mold remediation professional shall notify the Department at least five (5) calendar days prior to the date when remediation is scheduled to start;

(c) After notification, if the scheduled start date changes, the indoor mold remediation professional shall provide the Department with the proper scheduled date at least five (5) calendar days prior to the scheduled start of remediation;

(d) After notification, if the scheduled stop date changes by more than one (1) calendar day, the indoor mold remediation professional shall provide the Department with the proper stop date as soon as practicable but no later than one (1) calendar day after the indoor mold remediation professional is aware of the new stop date;

(e) The notification requirements of paragraphs (b), (c), and (d) do not apply in the event of an emergency, however in an emergency the indoor mold remediation professional shall provide the Department with a notification according to paragraph (a) as soon as practicable but no later than the following business day after the indoor mold remediation professional identifies the emergency; and

(f) The notification requirements of paragraphs (b), (c), and (d) do not apply when, previously unknown to the indoor mold remediation professional, 10 square feet or more (10 ft.2) of indoor mold growth in an affected area is revealed during the remediation process, in which case the indoor mold remediation professional shall provide the Department with a notification according to paragraph (a) as soon as practicable but no later than the following business day after the indoor mold growth is revealed.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016); as amended by Final Rulemaking published at 68 DCR 5018 (May 7, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3209

20 DCMR § 3210 Indoor mold remediation professional Record-keeping Requirements

3210.1 An indoor mold remediation professional shall maintain the following records and documents on-site at a project for its duration:

(a) A copy of the mold remediation work plan and all mold remediation protocols used in the preparation of the work plan;

(b) A listing of the names and applicable license numbers for all individuals working on the remediation project; and

(c) The written contract between the indoor mold remediation professional or his/her employer and the client, and any written contracts related to the mold remediation project between the indoor mold remediation professional or his/her employer and any other party.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3210

20 DCMR § 3211 Inspection

3211.1 The Department may inspect or investigate the business practices of any person that it has reason to believe is licensed in accordance with this chapter, holding themselves out as an indoor mold assessment or remediation professional, or performing work that shall only be performed by an indoor mold assessment or remediation professional.

3211.2 The Department, upon presenting proper identification, shall have the right to enter at all reasonable times any area or environment, including, but not limited to, any containment area, building, construction site, storage, or office area, or vehicle to review and copy records or question any person for the purpose of ensuring compliance with this chapter.

3211.3 If a person denies access to the Department acting pursuant to the authority of the Act or this chapter, the Department may apply for an administrative search warrant in a court of competent jurisdiction, in addition to other actions authorized by law and regulations.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3211

20 DCMR § 3212 denial, suspension, modification, or revocation of licenses

3212.1 The Department shall initiate an action denying, suspending, modifying, or revoking a license by issuing a notice of denial, suspension, modification, or revocation.

3212.2 Except as provided in § 3212.5, the notice of proposed denial, suspension, modification, or revocation shall be in writing, and shall include the following:

(a) The name and address of the holder of the license;

(b) A statement of the action or proposed action and the effective or proposed effective date and duration of the denial, suspension, modification, or revocation;

(e) A statement that the respondent has the right, at the respondent’s expense, to legal representation at the hearing; and

3212.3 The Department may issue a notice of denial, suspension, modification, or revocation, if the Department finds that the applicant or license holder:

(a) Has failed to comply with a provision of the Act or a rule in this chapter;

(b) Has misrepresented facts relating to a mold-related activity to a client, the Department, or other District agency;

(d) Has submitted a false or fraudulent record, invoice, or report;

(e) Has a history of repeated violations of District regulation; or

(f) Has had a certification or license denied, revoked, or suspended either by the Department or by another state or jurisdiction.

3212.4 Pursuant to § 3213.3, the applicant or license holder shall have (15) calendar days from the date of service of the notice of denial, suspension, modification, or revocation to request a hearing with OAH to show cause why the license should not be denied, revoked, modified, or suspended.

3212.5 The Department may immediately suspend a license to protect the public health, safety, or welfare, or the environment. The suspension shall be immediately effective pending further investigation.

3212.6 The Department may serve a notice of modification, suspension, or revocation in addition to any other administrative or judicial penalty, sanction, or remedy authorized by law.

3212.7 An individual whose license has been revoked or denied by the Department shall not be eligible to apply for any license available under this chapter until a period of ninety (90) days has passed after the effective date of such suspension, revocation or denial.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3212

20 DCMR § 3213 Enforcement and Penalties

3213.1 The Department may enforce a violation of the Act or this chapter by issuing one or more of the following:

(a) Notice of Violation;

(b) Notice of Infraction;

(d) Notice of suspension, revocation, or denial of a license pursuant to § 3212; or

(e) Any other order necessary to protect human health or the environment, or to implement this chapter consistent with the purposes of the Act.

3213.2 Orders issued pursuant to § 3213.1(b), (c), and (e):

(a) Shall identify the name and address of the recipient;

(b) Shall identify the alleged violation or threatened violation;

(d) Shall make clear the basis for the order and that the respondent’s failure to take the measures directed will constitute an additional violation of the Act or the chapter; and

(e) Shall state the process for objecting to the order.

3213.3 A person may object to an order by requesting a hearing within fifteen (15) calendar days of service, or twenty (20) calendar days if service is made by United States mail, as follows:

(a) If specific instructions are not on the order, the owner, individual, firm, or entity shall file a written request for a hearing, including the grounds for the objection, with the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code, §§ 2-1831.01 et seq.), in accordance with the Rules of Practice and Procedure of the Office of Administrative Hearings set forth in Title 1 DCMR Chapter 28;

(b) If a hearing is not requested within the specified time period, the order becomes final and remains in effect until the Department determines that any applicable corrective actions have been completed; and

3213.4 The Department may also initiate a civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of these rules.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3213

20 DCMR § 3250 proficiency requirements for radon professionals

3250.1 No person or company shall conduct or offer to conduct radon screening, testing or mitigation in the District for a fee unless that person is currently certified as proficient by the American Association of Radon Scientists and Technologists, Inc. - National Radon Proficiency Program (AARST-NRPP) or the National Radon Safety Board (NRSB), or their successor organizations, or in the case of a company, employs at least one person who is certified by the AARTS-NRPP, NRSB, or their successor organizations.

3250.2 No person or company shall use the name or title of “professional,” “certified,” or any other term that communicates a level of expertise in radon screening, testing or remediation, unless that person is certified as proficient under § 3250.1, or in the case of a company, employs at least one person who is certified as proficient under § 3250.1.

3250.3 All persons using such names or titles as referenced in § 3250.2 or conducting such activities as listed in § 3350.1 shall provide to the Department their name and AARST-NRPP or NRSB issued certification or identification number upon request.

3250.4 All companies using such names or titles as referenced in § 3250.2 or conducting such activities as listed in § 3250.1 shall provide to the Department the name and AARST-NRPP or NRSB issued certification or identification number of each of its employees that perform the activities listed under § 3250.2 upon request.

History

SOURCE: Final Rulemaking published at 63 DCR 9655 (July 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3250

20 DCMR § 3299 Definitions

3299.1 When used in this chapter or Title III of the Air Quality Amendment Act of 2014, the following words and phrases shall have the meaning as described:

Affected – in close proximity, likely impacted from the same source of water intrusion or moisture accumulation.

Certified industrial hygienist - an industrial hygienist who is certified by the American Board of Industrial Hygiene.

Certified safety professional - any individual who has been certified by the American Society of Engineers, American Board of Industrial Hygiene, or other nationally recognized health and safety industry organization, as determined by the Department.

Conflict of interest - because of other past, present, or future planned activities or relationships, the licensee is unable, or potentially unable, to render impartial services to the client.

Containment – a component or enclosure designed or intended to prevent the release of mold or mold-containing dust or materials into surrounding areas in the building during mold-related activities.

Containment area – an area that has been enclosed to prevent the release of mold or mold-containing dust or materials into surrounding areas.

Department – The Department of Energy and Environment or its successor agency.

Dwelling Unit – a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. The term “dwelling unit” does not include any room or group of rooms in a transient housing business or a dormitory.

Emergency – a situation in which water damage has occurred and a delay in mold remediation would allow indoor mold growth to increase.

Final Status Report – a document issued by an indoor mold assessment professional that includes:

(a) A description of relevant worksite observations;

(b) The type and location of relevant measurements made and samples collected at the worksite;

(d) The results of analytical evaluation of the samples collected at the worksite;

(e) Copies of relevant photographs; and

(f) Any conclusions that the indoor mold assessment professional has drawn.

Indoor mold assessment professional – an individual who conducts mold assessment as defined in this section and who is licensed under this chapter as an indoor mold assessment professional.

Indoor mold growth – mold that exists on an interior surface of a building, including common spaces, utility spaces, HVAC, or other systems, and is visible.

Indoor mold remediation professional – an individual who conducts mold remediation as defined in this section and who is licensed under this chapter as an indoor mold remediation professional.

License – any license issued by the Department under this chapter.

Licensee – an individual licensed under this chapter to perform mold assessment or remediation.

Mold – living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins.

Mold analysis – the examination of a sample collected during a mold assessment for the purpose of:

(a) Determining the amount or presence of or identifying the genus or species of any living or dead mold or related parts (including spores and hyphae) present in the sample;

(b) Growing or attempting to grow fungi for the purposes of paragraph (a); or

(c) Identifying or determining the amount or presence of any fungal products, including but not limited to mycotoxins and microbial volatile organic compounds, present in the sample.

Mold assessment - an inspection, investigation, or survey, including by visual observation or other means, of a dwelling unit or other structure regarding the presence, identification, or evaluation of mold that may include one or more of the following:

(a) The development of a mold assessment report;

(b) The development of a mold remediation protocol;

(d) The collection or analysis of a mold sample(s).

Mold assessment report - a document prepared by an indoor mold assessment professional for a client that describes any observations made, measurements taken, and locations and analytical results of samples taken during a mold assessment. An assessment report can be either a stand-alone document or a part of a mold management plan or mold remediation protocol.

Mold management plan - a document prepared by an indoor mold assessment professional for a client that provides guidance on how to prevent and control indoor mold growth at a location.

Mold professional – indoor mold assessment and indoor mold remediation professionals.

Mold-related activities - the performance of a mold assessment, mold remediation, or related activities.

Mold remediation - the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter.

Mold remediation protocol - a document, prepared by an indoor mold assessment professional for a client, that:

Includes relevant photograph(s) of the scene of mold remediation prior to remediation;

(b) Specifies the estimated quantities and locations of materials to be remediated; and

(c) Specifies the proposed remediation methods and verification criteria for each type of remediation in each type of area for a mold remediation project.

Mold remediation work plan - a document, prepared by an indoor mold remediation professional that fulfills all of the requirements of the mold remediation protocol and provides specific instructions or standard operating procedures for how a mold remediation project shall be performed.

Person - an individual, corporation, company, contractor, subcontractor, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, District government entity, or any other association of individuals.

Personal Protective Equipment – items worn on an individual that limit their exposure to mold, including but not limited to gloves, goggles, respirators, and body suits.

Preventive activities - actions intended to prevent future indoor mold growth at a remediated area, including repairing leaks and other sources of water intrusion, and applying biocides or anti-microbial compounds.

Professional engineer - an engineer registered in a United States or Canadian jurisdiction.

Professional registered sanitarian - a sanitarian registered in a United States or Canadian jurisdiction, or by a Department-approved national organization.

Project - mold-related activities at a particular address for which a specific start date and a specific stop date is or will likely be provided.

Registered Architect - An architect registered in a United States or Canadian jurisdiction.

Relevant field experience - experience that involves:

(a) For a mold indoor mold assessment professional: conducting microbial sampling or investigations; or

(b) For a mold indoor mold remediation professional: mold remediation as defined in this section.

Residential Property - a building that contains one or more dwelling units, including common areas. Each street address constitutes a different residential property.

Routine cleaning - cleaning that is ordinarily done on a regular basis.

Start date - the date on which the mold remediation begins. Preparation work is not considered mold remediation.

Stop date - the date following the day on which an indoor mold assessment professional issues a verification report to the client and the applicable indoor mold remediation professional.

Supervise or supervision - to direct and exercise control over the activities of an individual by being physically present at the job site or, if not physically present, accessible by telephone within ten minutes and able to be at the site within one hour of being contacted.

Survey - an activity undertaken in a building to determine the presence or absence, location, or quantity of indoor mold or to determine the underlying condition(s) contributing to indoor mold growth, whether by visual or physical examination or by collecting samples of potential mold for further analysis.

Transient housing business - A business licensed, or required to be licensed under D.C. Official Code § 47-2828 and its implementing regulations, that provides or offers lodging for a consideration. Transient housing businesses include, but are not limited to, hotels, motels, inns, rooming houses, bed and breakfast establishments and boarding houses. A transient housing business also includes any building or part of a building that the owner also occupied where customers are provided with, or offered, lodging, for consideration for a period of less than thirty (30) consecutive days.

Verification report - a document that an indoor mold assessment professional issues when the indoor mold assessment professional determines that a project’s remediation has been successful. The report includes:

(a) A description of relevant worksite observations;

(b) The type and location of relevant measurements made and samples collected at the worksite;

(c) Relevant data obtained at the worksite, including but not limited to temperature, humidity, and material moisture readings;

(d) The results of analytical evaluation of the samples collected at the worksite;

(e) Copies of relevant photographs;

(f) If necessary, recommendations of specific professional disciplines that may be needed to determine that the cause and origin of moisture leading to indoor mold growth has been properly remediated;

(g) If additional professional disciplines are recommended in paragraph (f), a statement that the project’s verified completion is contingent upon said discipline(s) performing work that remediates the cause and origin of moisture leading to indoor mold growth;

(h) An area for the indoor mold remediation professional that worked on the project to include his or her name, signature, company name, and license number, with language stating “I hereby certify that I completed mold remediation on this project”; and

(i) Clear statements, based on the indoor mold assessment professional’s observation, that:

(1) All project areas are free from visible mold, and visible dust and debris as they are related to the project;

(2) All work has been completed in compliance with the remediation protocol;

(3) All identified underlying causes of the mold have been remediated so that it is reasonably certain that the mold will not return from these same causes; and

(4) The project is verified as complete.

Visible - (a) capable of being seen by a lay person with the naked eye following the guidelines in § 3206, or (b) capable of being seen by an indoor mold assessment professional with the naked eye; or (2) detectable by an indoor mold assessment professional following the standards in this chapter and industry practices.

History

SOURCE: Final Rulemaking published at 63 DCR 6098 (April 22, 2016); as amended by Final Rulemaking published at 68 DCR 5018 (May 7, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3299

20-33 REGULATION OF LEAD-BASED PAINT ACTIVITIES

20 DCMR § 3300 GENERAL

3300.1 This chapter governs lead-based paint hazard elimination and prevention activities in the District of Columbia and implements the Lead Hazard Prevention and Elimination Act of 2008 and the Lead Hazard Prevention and Elimination Amendment Act of 2010 (“the Acts”).

3300.2 The Acts and these regulations require owners of the following structures in the District of Columbia built before 1978 to be maintained free of lead-based paint hazards:

(a) Residential dwelling units, including those in multifamily properties;

(b) Common areas of multifamily properties; and

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3301 PRESUMPTION OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS

3301.1 The interior and exterior of dwelling units and child-occupied facilities are presumed to contain lead-based paint if constructed prior to 1978, and any paint that is deteriorated, chipping, peeling, or otherwise not in intact condition is considered to be a lead-based paint hazard and is prohibited.

3301.2 This presumption may be rebutted by a lead-based paint inspection report, prepared by a lead-based paint inspector or a risk assessor, which documents that the paint in question is not lead-based paint.

3301.3 The presence of deteriorated paint in residential premises and child-occupied facilities constructed prior to 1978, which constitutes a lead-based paint hazard if no documentation is produced proving it is not lead-based paint, shall trigger enforcement action.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3302 LEAD-SAFE WORK PRACTICES: GENERAL

3302.1 Except as provided in § 3303, or if a dwelling unit qualifies as a “lead-free unit” in accordance with either § 3314.5, § 3314.6 or § 3314.7, any individual, firm or entity engaged in an activity that disturbs a painted surface and that by so doing may generate a lead-based paint hazard, such as paint chips, dust, or debris, shall use lead-safe work practices as set forth in this chapter and D.C. Official Code § 8-231.11 whenever the property or facility was built prior to 1978.

3302.2 Except as provided in § 3303, the use of lead-safe work practices, as set forth in this chapter and D.C. Official Code § 8-231.01 et seq., is required of individuals, firms, or business entities performing renovation, remodeling, maintenance, repairs, gut rehab, demolition, carpentry, HVAC, roofing, siding, plumbing, painting, or electrical work, inside or on the exterior surfaces of a dwelling unit or a child-occupied facility, if there is a danger of lead-based paint hazards being generated.

3302.3 An owner, individual, firm, or business entity shall:

(a) Prepare interior work areas by removing personal belongings, rugs, and window coverings, or by covering same with plastic whose seams and edges are taped or otherwise sealed;

(b) Prepare exterior work areas by removing any moveable items or by covering them with plastic whose seams and edges are taped or otherwise sealed;

(c) Post signs that clearly define each work area, warn occupants and others who are not involved in the work to remain outside of the work area, to the extent practicable are in the primary language of the occupants, are posted before the work begins, and remain readable and in place until the work has been completed, including the completion of the appropriate cleaning verification process;

(d) Use plastic sheeting to isolate contaminated rooms from non-contaminated rooms;

(e) Keep all plastic sheeting used to isolate contaminated rooms from non- contaminated rooms in place until after the cleaning and removal of other sheeting;

(f) Dispose of any plastic sheeting as waste;

(g) Cover the floor and any furniture with a taped-down plastic covering or other impermeable material that will not tear easily;

(h) Close all windows and doors in the work area;

(i) For interior work, the secure covering shall extend at least six feet (6 ft.) beyond the perimeter of surfaces where work that disturbs painted surfaces is taking place;

(j) For exterior work, cover the soil, grass, or concrete with a taped-down or otherwise secured plastic sheeting or other disposable impermeable material that will not tear easily, and extend the covering to at least ten feet (10 ft.) beyond the perimeter of surfaces where work that disturbs painted surfaces is taking place;

(k) For work that will affect surfaces within ten feet (10 ft.) of the property line, erect vertical containment or equivalent extra precautions in containing the work area to ensure that dust and debris from the work does not contaminate adjacent buildings or migrate to adjacent properties;

(l) Isolate interior work areas so that no dust or debris leaves the work areas while work is being performed, while ensuring that such containment does not interfere with occupant and worker egress in case of an emergency;

(m) Maintain the integrity of the containment by ensuring that any plastic sheeting or other impermeable materials are not torn or displaced;

(n) For exterior work, close all doors and windows within twenty feet (20 ft.) of any area where work that disturbs painted surfaces is taking place, and on multi-story buildings, close all doors and windows within twenty feet (20 ft.) of such work area on the same floor as the work area, and close all doors and windows on all floors below that are the same horizontal distance from the work area;

(o) Take reasonable measures to ensure all work clothes, shoes, tools, and other items, including the exteriors of waste containers, are free of dust and debris before workers exit or items are removed from the work area;

(p) Cover doors located within the area of containment with plastic so that workers can pass through, while confining dust and debris to the work area;

(q) Take the necessary precautions in containing the work area to ensure no dust or debris leaves the work area while work is being performed or contaminates other buildings or other areas of the property or migrates over to neighboring properties or structures;

(r) Use a spray bottle to mist any painted surfaces with water prior to scraping, sanding, drilling, or cutting any painted surfaces;

(s) Close and cover all duct openings in the work area with taped-down plastic sheeting or other impermeable material;

(t) At least once at the end of each work day, spray-mist and collect all paint chips and debris and seal them in a heavy-duty bag that will not tear easily, without dispersing any paint chips or debris;

(u) Upon completion of work disturbing painted surfaces, spray-mist and fold all plastic coverings, dirty-side inwards, taping the folded plastic coverings shut or sealing them in heavy-duty bags that do not tear easily;

(v) At the end of each work day and at the conclusion of all work, store all waste that has been collected under containment in an enclosure or behind a barrier that prevents release of dust and debris out of the work area and that prevents access to dust and debris;

(w) Cover any chute, if one is used to remove waste from the work area, to prevent any of the waste from escaping and dispersing;

(x) Contain all waste, when it is being transported from the work areas, to prevent any release of dust or debris;

(y) Upon completion of work disturbing painted surfaces, clean all objects and surfaces in the work area and within two feet (2 ft.) of the work area, in adherence with the specific methods and requirements prescribed in 40 CFR § 745.85(a)(5); and

(z) Ensure that the work area and those areas within two feet (2 ft.) of the work area have no visible dust or debris left after the final work area cleanup has been completed.

3302.4 In addition, any owner, individual, firm, or business entity shall:

(a) Comply with the following work practice standards, as applicable:

(1) Work practice standards in 40 CFR § 745.226 and 40 CFR § 745.227, or any successor regulation of EPA;

(2) U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) standards relating to lead, including those standards found at 29 CFR § 1926.62 and 29 CFR § 1910.1025, and any successor regulations;

(3) U.S. Department of Housing and Urban Development (HUD) Methods and Standards for Lead-Paint Hazard Evaluation and Hazard Reduction Activities contained in 24 CFR part 35, and any successor regulations; and

(4) Any other standards required under this chapter;

(b) Adhere to the prohibition of unsafe practices listed at 24 CFR § 35.140 and with § 3304 of these rules;

(c) Prevent paint dust, chips, debris, or residue from being dispersed onto adjacent property or increasing the risk of public exposure to lead-based paint; and

(d) Adhere to other requirements for renovations listed in 40 CFR §§ 745.80 through 745.92, including the standards for post-renovation cleaning verification and the reporting and recordkeeping requirements.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3303 LEAD-SAFE WORK PRACTICES: EXCEPTIONS

3303.1 The lead-safe work practices in § 3302 are not required for the following:

(a) Individuals who perform lead-based paint activities in residences that they own; provided, that the residence is occupied by the owner or by the owner's immediate family, and there is no child under six (6) years of age and no pregnant woman residing therein; and

(b) Performance of maintenance, repair, or renovation work resulting in disturbances of lead-based paint in a total of two square feet (2 sq. ft.) or less of surface area per interior room, or twenty square feet (20 sq. ft) or less of exterior surface area, provided such work does not include full or partial window removal or replacement, which activities shall always trigger the use of lead-safe work practices.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3304 PROHIBITED PRACTICES

3304.1 The practices listed in this subsection are prohibited when performing any lead based paint activity or any renovation activity that disturbs presumed lead-based paint. No individual, firm or business entity shall use:

(a) Open flame burning or torching of paint;

(b) Machine sanding, planing, or grinding, or use of a needle gun to remove paint or other surface coatings, without a high-efficiency particulate air (HEPA) local exhaust control and without a shroud or containment system that allows no visible dust or release of air to occur outside the shroud or containment system;

(c) Abrasive blasting, water blasting, or sandblasting without HEPA local exhaust control or an effective containment system;

(d) Heat guns operating at or above eleven hundred degrees Fahrenheit (1100°F) or charring the paint;

(e) Dry sanding or dry scraping, except:

(1) Dry scraping within one foot (1 ft.) of electrical outlets;

(2) Dry scraping in conjunction with heat guns operating below eleven hundred degrees Fahrenheit (1100°F); or

(3) Dry scraping when treating defective paint spots totaling no more than two square feet (2 sq. ft) in any one interior room or space;

(f) Methylene chloride;

(g) Stripping paint in a poorly ventilated space using a volatile stripper that is a hazardous substance as defined in 16 CFR § 1500.3, or any chemical that is a physical hazard or a health hazard; and

(h) Scraping, sanding, drilling into, cutting, or otherwise disturbing more than two square feet (2 sq. ft.) of paint in or on a residential property or a child occupied facility built before 1978 without the use of appropriate containment measures.

3304.2 No individual, firm or business entity shall apply paint with a lead content of more than 0.009 percent (0.009%), in accordance with 16 CFR § 1303.1.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3305 ACCREDITATION OF TRAINING PROVIDERS

3305.1 A training provider shall be accredited separately for each training and refresher course offered by that training provider. The courses requiring accreditation are those for the following disciplines: lead-based paint inspector, risk assessor, abatement worker, abatement supervisor, lead project designer, renovator, and dust sampling technician. To receive accreditation, a training provider shall:

(a) Comply with the accreditation requirements set forth in 40 CFR § 745.225, except for § 745.225(c)(8)(iv);

(b) Submit an application to DDOE for accreditation approval, or provide proof of prior accreditation by EPA, or a state EPA approved accredited training provider that contains the information required for each individual course set forth in 40 CFR § 745.225;

(d) Pay the appropriate fee pursuant to § 3322.7, except as provided for in § 3305.7.

3305.2 Accreditation of a training provider by DDOE shall expire thirty-six (36) months from the date of its issuance.

3305.3 A training provider shall notify DDOE no less than one (1) week in advance of each course being offered, including name of instructor and course, and location, date and time of the training, shall notify DDOE as soon as practicable of any changes thereto, and shall obtain written approval from DDOE of the proposed changes prior to execution of the changes.

3305.4 A training provider shall notify DDOE of a cancellation of a course at least one (1) business day before the date the training was scheduled.

3305.5 A training provider shall forward to DDOE, by mail, email, or fax, a copy of each certificate awarded to any student who successfully completes training, or a list of the students who receive a certificate for successfully completing a particular training course, within one (1) week after issuance of such certificate, and shall keep such records for at least six (6) years.

3305.6 A training provider shall provide DDOE with at least two (2) weeks advance notification of any change in key staff, which for purposes of this subsection shall be limited to the training manager and the principal course instructor(s), or such shorter notice as may be required by the circumstances related to the change in key staff.

3305.7 A training provider shall be exempt from payment of an accreditation application fee if the training provider is a District Government agency or is a non-profit 501(c)(3) organization whose primary place of business is in the District of Columbia.

3305.8 DDOE shall accredit a training provider that already has been accredited by EPA, on a reciprocity basis, without a complete application; provided, that the training provider:

(a) Submits a copy of all course materials; and

(b) Pays the appropriate fee pursuant to § 3322.7, except as provided for in § 3305.7.

3305.9 All applications completed pursuant to this section shall be reviewed and acted on within thirty (30) days of their receipt by DDOE.

3305.10 DDOE-accredited training providers shall issue course completion certificates that expire two (2) years from the course date for individuals certified in the District of Columbia, except for renovators and dust sampling technicians, whose certificates shall expire five (5) years from the course date.

3305.11 DDOE-accredited training providers that offer a refresher course for risk assessors shall allocate an appropriate amount of the course time for the essential elements of both the initial inspector and the initial risk assessor curriculum.

3305.12 DDOE-accredited training providers that offer a refresher course for lead-based paint inspectors, risk assessors, dust sampling technicians, renovators, abatement workers or abatement supervisors shall include a discipline-appropriate hands-on component in each such refresher course.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3306 CERTIFICATION REQUIREMENTS FOR INDIVIDUALS PERFORMING LEAD-BASED PAINT HAZARD IDENTIFICATION AND ELIMINATION ACTIVITIES OR RENOVATION ACTIVITIES: GENERAL

3306.1 Before an individual may perform a lead-based paint activity, clearance examination, or renovation in a dwelling unit or child-occupied facility built before 1978, an individual shall obtain the appropriate certification from DDOE and comply with this section, and with §§ 3307 or 3308, as applicable.

3306.2 Each applicant for certification shall submit to DDOE the following documents for use in consideration of the applicant’s qualification for certification:

(a) Official academic transcripts or diplomas, as evidence of meeting the pertinent education requirements;

(b) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the pertinent work experience requirements; and

(c) Course completion certificates from lead-specific or other relevant training courses, issued by an accredited training program, as evidence of meeting the pertinent training requirements.

3306.3 DDOE shall certify an applicant as a lead-based paint inspector, risk assessor, lead project designer, abatement worker or supervisor, dust sampling technician, or renovator if the application is complete and the applicant satisfies the requirements of this chapter and the Acts, successfully completes the pertinent course, and pays the appropriate certification fee to DDOE, in accordance with § 3322, within five (5) business days of receipt of the complete application package. Payment of a certification fee pursuant to § 3322 shall be waived if the applicant is applying as an employee of a District agency.

3306.4 Except as provided in § 3321.04, to maintain certification in a particular discipline, a certified individual shall apply to and be re-certified by DDOE in that discipline, provided the individual has completed the appropriate training course, either refresher or initial as applicable, through an EPA- or DDOE- accredited training provider, or from another EPA-authorized, state-accredited training provider.

3306.5 An individual seeking certification renewal shall submit the application materials and shall pay the appropriate certification renewal fee to DDOE, in accordance with § 3322, at least five (5) business days before their certification expires. Payment of such fee shall be waived if the applicant is an employee of a District agency.

3306.6 Upon receiving DDOE certification, an individual conducting renovation or lead-based paint activities shall comply with the provisions of §§ 3302 and 3304 and all other applicable laws.

3306.7 If the individual seeking renewal of certification fails to complete the refresher course before the expiration date of their current certification, as required in § 3306.4, or within ninety (90) days after such expiration date, the individual shall re-take the initial course to become certified again.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3307 CERTIFICATION OF INDIVIDUALS: SPECIFIC REQUIREMENTS

3307.1 Except as provided in § 3312.1, the following disciplines are required to be certified by DDOE before performing a renovation, a clearance examination, or any lead-based paint activity except for interim controls, in a dwelling unit or child-occupied facility built before 1978:

(a) Risk Assessor;

(b) Lead-Based Paint Inspector;

(d) Abatement Supervisor;

(e) Certified Renovator;

(f) Dust Sampling Technician; and

(g) Lead Project Designer.

3307.2 Except as provided under § 3308, an applicant for certification seeking to engage in lead-based paint activities as a lead-based paint inspector, risk assessor, dust sampling technician, lead abatement worker, supervisor, or lead project designer, shall:

(a) Submit an application to DDOE by mail, online, or in person, demonstrating that the individual meets all requirements of this section for the particular discipline for which certification is sought;

(b) Complete an EPA- or DDOE-accredited course in the appropriate discipline and receive a course completion certificate from the training provider;

(d) Pass the DDOE-administered exam, if one is required, that tests the applicant’s knowledge of the District’s relevant legal requirements pertaining to the relevant discipline; and

(e) Pay DDOE the appropriate certification fee required under § 3322.

3307.3 An applicant for certification as a lead-based paint inspector shall:

(a) Successfully complete an accredited initial training course for lead-based paint inspectors and provide a course completion certificate from a training provider that is either EPA-accredited, DDOE-accredited, or accredited by an EPA-approved state; and

(b) Provide the following set of information, unless provided with a DDOE waiver for this requirement, based upon a DDOE determination that other alternative prior work experience submitted instead by the applicant for consideration is sufficiently comparable:

(1) A list of twenty (20) different addresses where the applicant has assisted in lead-based paint inspections with a certified lead-based paint inspector, which shall include the following information:

(A) Address of each property, including unit number if applicable;

(B) Type of activities conducted at each property, such as an X- Ray Fluorescence Analyzer (“XRF”) survey, paint chip sampling, dust sampling, or soil sampling;

(C) Date that each activity took place, and name of certified lead-based paint inspector the applicant assisted with each activity;

(D) Detailed description of how the applicant assisted; and

(E) A signed and dated reference by each certified lead-based paint inspector that the applicant assisted, confirming that based on the assistance the applicant provided, the applicant is knowledgeable about and capable of conducting lead-based paint inspections and adhering to federal, state, and local regulations.

3307.4 An applicant for certification as a risk assessor shall:

(a) Successfully complete an accredited initial training course for lead-based paint inspectors and an initial training course for risk assessors, and provide course completion certificates from a training provider that is either EPA-accredited, DDOE-accredited, or accredited by an EPA approved state, and provide documentation of one (1) of the following:

(1) A bachelor's degree and one (1) year of experience in a related field, such as lead, asbestos, or other environmental hazard identification or remediation work, or in construction;

(2) An associate’s degree and two (2) years of experience in a related field, such as lead, asbestos, or other environmental hazard identification or remediation work, or in construction;

(3) A high school diploma or its equivalent, and at least three (3) years of experience in a related field, such as lead, asbestos, or other environmental hazard identification or remediation work, or in construction; or

(4) Certification as an industrial hygienist, professional engineer, or registered architect, or as another environmental or construction related professional; and

(b) Demonstrate that the applicant’s skills are directly transferable to the job activities a risk assessor is typically engaged in, and provide the following set of information, unless provided with a DDOE waiver for this requirement, based upon a DDOE determination that other alternative prior work experience submitted instead by the applicant for consideration is sufficiently comparable:

(1) A list of ten (10) different addresses where the applicant has conducted work while certified as a lead-based paint inspector, which shall include the following information:

(A) Address of each property, including unit number if applicable;

(B) Type of activity conducted at each property, such as an XRF survey, paint chip sampling, dust sampling, or soil sampling;

(D) Signature of supervisor or other senior management who confirms that each activity being vouched for took place as described by the applicant.

3307.5 An applicant for certification as an abatement supervisor shall demonstrate that he or she has skills directly transferable to the job activities for a supervisor, based upon:

(a) At least one (1) year of experience as a certified lead-based paint abatement worker; or

(b) At least two (2) years of experience in a related field, such as lead, asbestos, or environmental hazard identification or remediation work, or in construction.

3307.6 An applicant for certification as a lead project designer shall provide documentation of the following:

(a) A bachelor’s degree in engineering, architecture, or a related profession, and one (1) year of experience in building construction and design or a related field; or

(b) At least four (4) years of experience in building construction and design.

3307.7 An applicant for certification as a renovator shall successfully complete the EPA-accredited renovator course and be certified by EPA as a renovator, or successfully complete the DDOE-accredited renovator course.

3307.8 An applicant for certification as a dust sampling technician shall:

(a) Successfully complete the DDOE-accredited dust sampling technician course;

(b) Document completion of the course by submitting a certificate to DDOE; and

(c) Pass a DDOE-administered exam that tests the applicant’s knowledge of the District’s relevant legal requirements pertaining to dust sampling technicians.

3307.9 An abatement worker applicant need not provide prior experience or education documentation.

3307.10 An individual who successfully completes a DDOE-accredited lead-based paint inspector or risk assessor course may take a DDOE-accredited refresher dust sampling technician course in lieu of the initial training required by § 3307.8(a) to become a dust sampling technician.

3307.11 A certification issued to an individual by DDOE as a lead-based paint inspector, risk assessor, lead project designer, abatement worker, or supervisor under this section shall expire two (2) years from the date of issuance, and a certification for renovator or dust sampling technician shall expire five (5) years from the date of initial issuance.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3308 CERTIFICATION BY RECIPROCITY

3308.1 Submission of a current, valid certification for any discipline requiring certification under § 3307 that is issued by EPA or another EPA approved state program is sufficient for certification in the District of Columbia if the applicant meets all other requirements of this section and submits a completed DDOE Application for Lead-Based Paint Certification form.

3308.2 An applicant for certification by reciprocity shall:

(a) Pass a DDOE examination that tests knowledge of the legal requirements specific to the District of Columbia;

(b) Have a valid DCRA license to do business in the District of Columbia, if one is required; and

(c) Pay the applicable certification fee required by this chapter, along with an additional $50 fee to cover DDOE costs to verify and confirm valid status of certification issued by EPA or by another EPA approved state program.

3308.3 DDOE certification based on reciprocity shall expire on the same date as that of the certification upon which the approval is based, but no more than two (2) years from date of issue by the District government, except that DDOE certification for renovators and dust sampling technicians shall expire no more than five (5) years from date of issue by the District government.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3309 DUST SAMPLING TECHNICIAN REQUIREMENTS

3309.1 A dust sampling technician shall:

(a) Have in their possession at any job site a copy of their DDOE-issued certification card or their EPA-issued certificate; and

(b) Comply with the clearance examination requirements under either §§ 3310.4-.8 or §§ 3314.9 and 3314.10, as applicable.

3309.2 A dust sampling technician shall not conduct any clearance examination activities as part of producing an initial clearance report for a property for which DDOE has issued an Order to Eliminate Lead-Based Paint Hazards, nor as part of producing a clearance report following an abatement, nor for soil clearance purposes.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3310 RENOVATION REQUIREMENTS

3310.1 Except as provided in § 3310.3, an individual, firm, or business entity that performs renovation of a residential property or a child-occupied facility built prior to 1978 and that is compensated for those services shall obtain a renovation permit from DDOE, if:

(a) The activities contracted for include the removal, repair, or paint stripping of surfaces or building components coated with presumed or identified lead-based paint, including weatherization projects that disturb surfaces or building components coated with presumed or identified lead-based paint, the sum total of which activities disturbs more than five hundred square feet (500 sq. ft.) of painted surface; or

(b) The contract for the renovation work contains a total charged cost of twenty thousand dollars ($20,000) or more for the specific activities enumerated in § 3310.1(a).

3310.2 The raze or demolition of a building, which is subject to § 3316.4, shall not trigger a requirement for a DDOE-issued renovation permit.

3310.3 A renovation permit shall not be required for renovations in residential housing or child-occupied facilities built prior to 1978, in which:

(a) A written determination has been made by a certified lead-based paint inspector or a certified risk assessor that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/ cm2) or one half percent (0.5%) by weight, where the firm performing the renovation has obtained a copy of the determination;

(b) A certified renovator, using an EPA-recognized test kit as defined in 40 CFR § 745.83 and following the kit manufacturer’s instructions, has tested each component affected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/ cm2) or one half percent (0.5%) by weight, with the understanding that if the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately; or

(c) A certified renovator has collected a paint chip sample from each painted component affected by the renovation and a laboratory recognized by EPA pursuant to Section 405(b) of the Toxic Substances Control Act of 1976, effective October 11, 1976, as amended (Pub. L. 94-469, 90 Stat. 2003; 15 USC 2685(b)), as being capable of performing analyses for lead compounds in paint chip samples has determined that the samples are free of paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/ cm2) or one half percent (0.5%) by weight, with the understanding that if the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

3310.4 A clearance examination shall be performed after the work has been done that required a renovation permit, which in the case of work in a vacant unit shall be at any point prior to re-occupancy of the unit:

(a) A clearance examination triggered pursuant to this section or § 3316.2(a), or pursuant to any provision under 40 CFR § 745.85, shall consist of dust sampling in each room that contains a work area, on the following surfaces in each sampled room:

(1) One (1) floor sample; and

(2) For rooms that contain a window, one (1) window sill or one (1) window well sample;

(b) For work that involves door replacement in accordance with § 3316.2(a), the floor samples shall be taken within two feet (2 ft.) of any such door, but no window sample shall be required;

(c) Whenever a work area is located on the exterior of a property, and whenever a work area involves a window or a door that opens to the exterior of a property, a dust sample shall be taken on any concrete or other rough exterior horizontal surface within the work area(s);

(d) A clearance examination performed after covering of soil pursuant to § 3316.2(b) shall consist of a determination by the lead-based paint inspector or risk assessor conducting the clearance examination as to whether the lead-contaminated soil was uniformly covered by at least six inches (6 in.) of clean soil or other appropriate ground cover, and a description in the clearance report of the methodology used by said inspector or risk assessor to make this determination; and

(e) A clearance examination shall be performed no sooner than one (1) hour and no later than three (3) business days after the completion of the activities conducted pursuant to the permit or other activities listed in §§ 3316.2(a) and (b), or in the case of work in a vacant unit, at any point prior to re-occupancy of the unit.

3310.5 Each environmental sample taken pursuant to this section shall be submitted for analysis to an appropriately accredited lab.

3310.6 The clearance examination shall be conducted by a lead-based paint inspector or risk assessor, or, except in clearance cases involving soil clearance, by a dust sampling technician.

3310.7 A clearance report produced under this section shall be filed with DDOE within seven (7) business days following the successful clearance examination by the individual, firm, or business entity to which DDOE issued the permit.

3310.8 Each clearance report shall contain a copy of the current DDOE-issued certification card belonging to the individual that conducted the clearance examination and the date the clearance report was issued.

3310.9 Except as provided in § 3310.10, all work that constitutes renovation work pursuant to 40 CFR § 745.80 et seq. and that does not trigger a permit requirement under these regulations shall be conducted in accordance with the rules promulgated by EPA under 40 CFR § 745.85(a) and shall be followed by cleaning verification or a clearance examination in accordance with the rules promulgated by EPA under 40 CFR § 745.85(b).

3310.10 The emergency renovations defined in § 3310.12(a) are exempt from the warning sign, containment, waste handling, training, and certification requirements in both these regulations and in 40 CFR §§ 745.85, 745.89 and 745.90, to the extent necessary to respond to the emergency.

3310.11 Except as provided in § 3310.12, prior to any renovation activity occurring for compensation in a residential property or in a child-occupied facility where the structure was built prior to 1978, pre-renovation education and documentation thereof shall occur, in accordance with the relevant requirements mandated by 40 CFR § 745.84.

3310.12 The information distribution requirements in § 3310.11 do not apply to emergency renovations, which are:

(a) Renovation activities that were not planned but result from a sudden, unexpected event, such as non-routine failures of equipment, that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage; and

(b) Interim controls performed in response to an elevated blood lead level in a resident child.

3310.13 Renovation firms shall comply with all recordkeeping and reporting requirements contained in 40 CFR § 745.86.

3310.14 A renovation permit may be granted if the applicant submits all of the following to DDOE:

(a) A completed Renovation Permit Application Form;

(b) A copy of the applicant’s signed contract for the work, including the charges for all renovation activities under the contract;

(d) A copy of a valid DCRA Basic Business License to do business in the District;

(e) A copy of the EPA-issued or DDOE-issued Renovation Firm certification and a copy of the relevant EPA-issued or DDOE-issued Renovator certification;

(f) A completed District of Columbia Clean Hands Self-Certification Form; and

(g) Any other information DDOE requires in its permit application instructions that is relevant to issuance of a renovation permit.

3310.15 DDOE may specify the requirements that apply to work carried out under the permit by describing them on the permit.

3310.16 The use of lead-safe work practices as set forth in § 3302 and the prohibited practices set forth in § 3304 apply to renovation work.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3311 CERTIFICATION OF BUSINESS ENTITIES PERFORMING LEAD-BASED PAINT ACTIVITIES AND OF FIRMS CONDUCTING RENOVATION ACTIVITIES

3311.1 To become certified, a business entity or a firm shall comply with all applicable requirements of this section before any employee or sub-contractor of the business entity or firm may conduct a lead-based paint activity, clearance examination, or renovation in a dwelling unit or child-occupied facility built before 1978.

3311.2 The business entity or firm shall be responsible for ensuring that each employee and subcontractor of the business entity conducting a lead-based paint activity, clearance examination, or renovation for the entity, is:

(a) Certified pursuant to §§ 3307 or 3308;

(b) In compliance with the provisions of §§ 3302, 3304 and 3310; and

(c) In compliance with all applicable federal and District laws, regulations, and rules governing the disposal of all waste containing lead.

3311.3 An entity applying for certification as a business that conducts lead-based paint activities or as a firm that conducts renovation activities in the District of Columbia shall:

(a) Document that the entity has a valid DCRA license, if required, to do business in the District;

(b) Submit documentation to DDOE that proves that the entity has liability insurance for at least one million dollars ($1,000,000), which the entity shall maintain for the entire period of the DDOE business entity certification;

(c) Execute a District of Columbia Clean Hands Self-Certification Form stating that paragraph (c) above has been met; and

(d) Pay the applicable certification fee required under § 3322.

3311.4 The business entity or firm shall comply with the recordkeeping requirements of D.C. Official Code § 8-231.01 et seq.

3311.5 A business entity or firm’s certification shall expire after five (5) years.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3312 EXCEPTIONS TO THE CERTIFICATION REQUIREMENT

3312.1 The requirement in § 3307.1 that an individual be certified prior to engaging in any lead-based paint activity, does not apply to the following:

(a) Individuals who perform lead-based paint activities or renovations in a residence which they own, provided that the residence is occupied solely by the owner or the owner's immediate family, and provided that there is no child under age six (6) and no pregnant woman residing therein;

(b) Performance of maintenance, repair, or renovation work by an individual or entity that results in disturbances of lead-based paint in a total of two square feet (2 sq. ft.) or less of surface area per room, or a total of twenty square feet (20 sq. ft) or less of exterior surface;

(c) Individuals who perform maintenance, repair, painting, and renovation work that does not disturb painted surfaces; and

(d) Individuals who perform risk assessment and lead-based paint inspections for litigation or other forensic purposes, in compliance with all work practice rules established by DDOE pursuant to this chapter, provided such individuals possess the appropriate certification issued by EPA or by an EPA-approved state program.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3313 DISCLOSURE REQUIREMENTS AND TENANT RIGHTS FORM

3313.1 The owner of a dwelling unit constructed before 1978 shall disclose to the purchaser or tenant of the dwelling unit information reasonably known to the owner about the presence of any of the following conditions in the unit:

(a) Lead-based paint;

(b) Lead-based paint hazards; and

3313.2 The disclosures shall be provided on the lead disclosure form issued by DDOE, shall be provided before the purchaser or tenant is obligated under any contract to purchase or lease the dwelling unit, shall be signed and dated by the owner, and an opportunity provided for the purchaser or tenant to sign and date.

3313.3 The owner of a dwelling unit constructed before 1978, which unit will be occupied or regularly visited by a child under the age of six (6) years or by a pregnant woman, shall provide to the tenant an accurately and fully completed lead disclosure form and a clearance report issued within the previous twelve (12) months, or as otherwise provided in § 3313.5. The disclosures required by this subsection shall be provided before the tenant is obligated under any contract to lease the dwelling unit.

3313.4 If a tenant of a dwelling unit constructed before 1978, in which unit a person at risk resides or regularly visits, notifies the owner of the property in writing that a person at risk resides in or regularly visits the dwelling unit, the owner of the dwelling unit shall provide to the tenant within thirty (30) days a clearance report issued within the previous twelve (12) months, or as otherwise provided in § 3313.5.

3313.5 In lieu of providing the disclosure form and clearance report required by §§ 3313.3 and 3313.4, an owner may provide to, or make the following available for review by, the tenant:

(a) A report from a risk assessor or lead-based paint inspector certifying that the dwelling unit is a lead-free unit; provided, that for the purposes of this subsection, the term “lead-free unit” shall mean the definition of lead-free unit in effect at the time of unit certification, including such cases as a prior multifamily property lead-based paint inspection, conducted pursuant to the 1997 amendments to the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, or any more recent version thereof, where the lead-based paint inspector made a determination that the property itself is a lead-free property, including all units contained within such property; or

(b) Three (3) clearance reports issued at least twelve (12) months apart and within the previous seven (7) years; provided, that the property was not, and is not, subject to any housing code violation that occurred during the past five (5) years or any that is outstanding.

3313.6 The owner of a dwelling unit shall provide notice to its tenants of their rights under the Acts on a Tenant Rights form issued by DDOE, whenever a tenant executes or renews a lease for the unit and whenever the owner provides notice of a rent increase.

3313.7 A tenant shall have the right to provide information to DDOE concerning deteriorated paint or other lead-based paint hazards within a property. This right of the tenant is protected by tenant provisions set forth in D.C. Official Code § 42-3505.02.

3313.8 The owner of a dwelling unit who learns of the presence of lead-based paint or lead-based paint hazards in that dwelling unit shall:

(a) Notify the tenant of the presence of lead-based paint within ten (10) days after discovering its presence; and

(b) Provide the tenant with:

(1) The Lead Warning Statement described in 40 CFR § 745.113; and

(2) The lead hazard information pamphlet described in the Residential Lead-Based Paint Hazard Reduction Act of 1992, effective October 28, 1992, as amended (Pub. L. 102-550, 106 Stat. 3672; 42 U.S.C. § 4852d), provided, that the Lead Warning Statement and lead hazard information pamphlet need not be submitted if they have been given to the tenant within the prior twelve (12) months.

3313.9 An owner shall maintain copies of all lead-related reports for a property or any part thereof and make the reports available to tenants, tenants’ agents, and government officials for review and photocopying at reasonable hours and at a location reasonably close to the property.

3313.10 An owner shall document on what date the Tenant Rights form referenced in § 3313.6 was provided to the tenant by signing and dating a copy of the form and requesting the tenant do the same, and shall make such information available to DDOE for review and photocopying at reasonable hours and at a location reasonably close to the property.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3314 CLEARANCE REQUIREMENTS AT CHANGE IN OCCUPANCY OF RENTAL UNITS

3314.1 Before a change in the occupancy of a residential rental unit and before the execution of a lease, where a prospective occupant household informs the property owner that the household includes a pregnant individual or a child under six (6) years of age, the owner of the unit shall:

(a) Provide the prospective tenant with a clearance report issued not more than twelve (12) months before the change in occupancy;

(b) Give the prospective tenant an acknowledgment form issued by DDOE to sign and date as confirmation of receipt of the passing clearance report; and

(c) Retain a copy of the acknowledgement form for at least six (6) years, which shall be readily accessible to DDOE during that period.

3314.2 Upon written request by a tenant in a residential rental unit who is pregnant or has a child under six (6) years of age living at or regularly visiting the residence, the owner of said unit shall:

(a) Provide the occupant with a clearance report issued not more than twelve (12) months before the date of the request or more than thirty (30) calendar days after receipt of the written request;

(b) Ask the tenant to sign and date an acknowledgement of receipt of the clearance report; and

(c) Retain a copy of the acknowledgement form for at least six (6) years, which shall be accessible to DDOE during that period.

3314.3 The clearance report required by this section may be issued by a dust sampling technician, lead-based paint inspector, or risk assessor.

3314.4 An owner may satisfy the clearance report requirements of this section by submitting to the tenant:

(a) A report from a risk assessor or lead-based paint inspector certifying that the unit is a lead-free unit, in accordance with §§ 3314.5, 3314.6 or 3314.7, as applicable; or

(b) Three (3) passing clearance reports issued at least twelve (12) months apart from each other by a dust sampling technician, lead-based paint inspector, or risk assessor, provided that the three (3) passing clearance reports were all issued within the previous seven (7) years and the property owner or property manager is not currently, or was not during the previous five (5) years, subject to any housing code or any DDOE violation enforcement orders.

3314.5 A single-family home shall qualify as a “lead-free unit” provided the owner documents that all representative interior and exterior painted surfaces have been tested by a lead-based paint inspector or risk assessor and do not contain lead-based paint.

3314.6 To qualify as a “lead-free unit” in a multifamily property:

(a) The owner shall document that all representative interior unit painted surfaces and all representative exterior painted surfaces that can reasonably be considered as the unit’s exterior surfaces have been tested by a lead-based paint inspector or risk assessor and do not contain lead based paint. For purposes of this paragraph, painted surfaces that can reasonably be considered as the unit’s exterior surfaces include balcony and terrace components, exterior window and door components, and any accessible exterior wall surfaces that are part of the structure of the unit;

(b) The owner shall document that any interior floor surface located outside the unit within twenty feet (20 ft.) of the front or rear door has been found to be free of lead-contaminated dust, as confirmed by a dust sampling technician, lead-based paint inspector, or risk assessor, after taking at least one (1) dust sample immediately outside the door and another dust sample for every ten feet (10 ft.) of floor surface from the door; and

(c) The multifamily property shall have an Operations and Maintenance Plan that includes specific reference to a specialized cleaning process that ensures approaches to lead-free units remain lead safe over time.

3314.7 In the alternative, a unit may qualify as a “lead-free unit” in a multifamily property if an owner provides documentation that:

(a) A lead-based paint inspection of the property, performed in accordance with the 1997 amendments to the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, or any more recent version thereof, has resulted in a determination by a certified risk assessor or lead-based paint inspector that the property is a lead-free property; or

(b) Lead-based paint that is present inside the unit has been enclosed so that a lead-based paint inspection of a unit, performed by a certified lead-based paint inspector or risk assessor, does not detect any lead-based paint.

3314.8 An owner whose unit is deemed to be a “lead-free unit” pursuant to § 3314.7(b) shall be exempt from the clearance requirements under § 3314, but shall remain subject to the disclosure requirements of the Acts and this chapter, and shall:

(a) Disclose the presence of the enclosed lead-based paint whenever appropriate under the Acts and this chapter; and

(b) As part of each such required disclosure, make available for review, upon written request of a tenant, a current copy of the property’s Operations and Maintenance Plan, which shall contain a section that describes the process by which the owner intends to ensure that the lead-based paint remains enclosed over time.

3314.9 For purposes of this section, a clearance report shall include:

(a) The date that the clearance examination was conducted;

(b) A statement by the individual who conducted the clearance examination that the individual:

(1) Was granted unobstructed access to all painted areas in the unit;

(2) Did not see paint deterioration on any component or fixture on the interior of the unit;

(3) Did not see paint deterioration on any component or fixture on the exterior portion of a property that can reasonably be considered the unit’s exterior surfaces in the case of multifamily property, in conformance with § 3314.6(a); and

(4) Did not see paint deterioration on any component or fixture on the exterior of any single-family property to which this section applies;

(c) Dust sampling results that pass the clearance requirements of this chapter in accordance with the following dust sampling protocol:

(1) One (1) floor sample in each room, taken close to a door or another potential likely source of lead dust; and

(2) One (1) window sill or well sample in each room containing a window;

(d) The analytical result for each environmental sample submitted for lab analysis, including any blank or spike sample submitted;

(e) A floor plan of the unit that displays where each environmental sample was taken;

(f) A chain of custody sheet with all fields completed, that lists each environmental sample submitted to a lab for analysis, along with the time of day that the samples were collected; and

(g) The signature of the individual who conducted the clearance examination and a copy of that individual’s current DDOE-issued certification card.

3314.10 Each environmental sample taken pursuant to this section shall be submitted for analysis to an appropriately accredited lab.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3315 RISK REDUCTION USING INTERIM CONTROLS

3315.1 Before any individual performs interim controls to eliminate lead-based paint hazards in the District of Columbia such person shall be trained in the lead-safe work practices set forth in § 3302.

3315.2 A certificate of completion from an EPA- or DDOE-accredited training provider or from another EPA-authorized, state-accredited training provider shall serve as proof of receipt of the lead-safe work practices training required by these regulations. An individual shall provide proof of training in lead-safe work practices upon request by DDOE at the job site. A business entity shall ensure that its workers comply with these standards.

3315.3 Documentation proving Certified Renovator status, or Abatement Worker or Abatement Supervisor certification status, shall satisfy the requirements of §§ 3315.1 and 3315.2, provided such documentation is from an EPA- or DDOE accredited training provider or from another EPA-authorized, state-accredited training provider.

3315.4 Whenever non-abatement activities are conducted to address lead-based paint hazards pursuant to an Order to Eliminate Lead-Based Paint Hazards, a clearance examination shall be required:

(a) No sooner than one (1) hour after completion of such interim controls, but no more than three (3) business days after such completion, and again between thirty (30) and thirty-six (36) months, as specified by DDOE in the Order, after completion of the interim controls activities; or

(b) No sooner than one (1) hour after completion of such interim controls, but no more than three (3) business days after such completion, and again within such timeframe that is specified by DDOE in the Order, which may include a requirement for multiple Clearance Reports over time.

3315.5 An initial clearance report pertaining to the elimination of lead-based paint hazards identified in an Order issued by DDOE shall be issued only by a risk assessor. Any subsequent clearance report may be issued by either a risk assessor, a lead-based paint inspector, or a dust sampling technician.

3315.6 Each clearance report shall contain a copy of the current DDOE-issued certification card belonging to the individual that conducted the clearance examination and the date the clearance report was issued.

3315.7 Notice to DDOE that a dust test will be performed as part of a clearance examination pursuant to § 3315.4 shall be provided by fax, in person, or via the DDOE website, on a DDOE-specified form, submitted to DDOE at least twenty-four (24) hours prior to conducting the dust test, or as soon as practicable, whichever is sooner.

3315.8 A copy of each clearance report shall be submitted to DDOE by the property owner, within seven (7) business days of its issuance, either in PDF format by email, or by mail, a courier service, or in person.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3316 LEAD-BASED PAINT HAZARD ABATEMENT REQUIREMENTS

3316.1 An individual or business entity shall not commence or perform any abatement activity on any residential property or child-occupied facility without first applying for and receiving an abatement permit from DDOE, except for those activities listed in § 3316.2.

3316.2 The following activities shall at minimum require the use of individuals trained in lead-safe work practices as described in § 3302, as documented by proof available at the work site of either Certified Renovator status or Abatement Worker or Abatement Supervisor certification status, and, except for § 3316.2(c), shall be followed by a clearance examination pursuant to §§ 3310.4(a) through 3310.8:

(a) Door replacement, provided it does not include replacing ancillary door components, such as the casing, door stop, jamb, or threshold;

(b) Covering of any lead-contaminated soil that contains less than one thousand parts per million (1,000 ppm) of lead; and

(c) An abatement activity involving less than two square feet (2 sq. ft. per room of deteriorated paint on an interior surface, or less than twenty square feet (20 sq. ft) of deteriorated paint on an exterior surface.

3316.3 The raze or the demolition of a pre-1978 building involving painted surfaces within or on the property shall be subject to the following requirements:

(a) All painted components either shall be presumed to be painted with lead- based paint, or shall be tested by a lead-based paint inspector or risk assessor to determine whether or not lead-based paint is present;

(b) Provided the building is structurally sound, lead-safe work practices shall be used in conformance with § 3302, and all components containing presumed or identified lead-based paint shall be disposed of in a manner consistent with the disposal of lead-contaminated waste; and

3316.4 The raze or the demolition of a pre-1978 building, involving presumed or identified lead-based paint within or on the property, shall only be undertaken after a lead abatement permit is issued for such activity by DDOE, if the property in question is within one hundred feet (100 ft.) of a child-occupied facility, or, in the case of a demolition that is limited to one or several units within a multifamily property, if one or more of those units is on a floor that also contains an occupied unit.

3316.5 Performance of encapsulation is an abatement activity that shall be limited to those encapsulant products that have been subjected to nationally recognized third-party testing that documents that the product in question, when applied in accordance with its instructions, shall form an effective barrier for no fewer than twenty (20) years.

3316.6 Encapsulation shall not be used as a technique to eliminate lead-based paint hazards on friction or impact surfaces when such hazards have been identified as part of a Notice of Violation and Order to Eliminate Lead-Based Paint Hazards.

3316.7 An abatement permit may be granted if the applicant submits all of the following to DDOE:

(a) A completed Lead-Based Paint Hazard Abatement Permit Application;

(b) A copy of the applicant’s signed contract for the work, including the charges for all lead abatement activities under the contract and the signature of each party to the contract;

(c) A copy of the applicant’s Scope of Work, describing the lead abatement activities that the applicant is under contract to perform;

(d) A copy of a risk assessment or lead inspection report, or other data source that identifies the exact location of the lead-based paint and lead-based paint hazards to be abated;

(e) A copy of a Certificate of Liability Insurance, proving the applicant’s current policy coverage for at least one million dollars ($1,000,000) for individual environmental or lead claims, which the applicant shall maintain throughout the entire period that the abatement permit is in effect;

(f) The requirement for the one million dollars ($1,000,000) of liability insurance coverage may be waived for an applicant who is seeking an abatement permit for work limited to the applicant’s own home; provided that the home is not part of a multi-family property, that there are no tenants living in the applicant’s home, and that the work does not involve the demolition or raze of a pre-1978 building;

(g) A copy of the current D.C. lead certification card for the certified supervisor who will manage the abatement activities, and a copy of the business entity certification card;

(h) A copy of a valid District of Columbia Department of Consumer and Regulatory Affairs (DCRA) license to do business in the District;

(i) A completed District of Columbia Clean Hands Self-Certification Form; and

(j) Any other information DDOE requires in its permit application instructions as relevant to issuance of an abatement permit.

3316.8 DDOE may specify the requirements that apply to work carried out under the permit by describing them on the permit.

3316.9 Except as pursuant to § 3316.2, abatement shall only be performed by an individual who is currently certified by DDOE as a lead abatement worker or supervisor.

3316.10 Except when an entire building has been razed, the issuance of an abatement permit pursuant to § 3316.4 triggers a requirement that the individual or business entity to whom the permit was issued submit to DDOE a clearance report no later than seven (7) business days after completion of the permit-related activities, to close out the permit, as follows:

(a) A clearance examination shall be performed no sooner than one (1) hour and no later than three (3) business days after the completion of the abatement activities, and shall be repeated until the clearance examination is passed and a clearance report is issued;

(b) The clearance examination may be performed by a risk assessor or by a lead-based paint inspector, unless DDOE has required that the clearance examination be performed by a risk assessor;

(c) In the case of work that occurs on a floor in a multifamily property that also contains an occupied unit, the clearance examination shall consist of:

(1) A visual inspection of the common area on each such floor to confirm that no visible paint debris is present between the front door of each unit where such work is undertaken and the entry door of any occupied unit on such floor; and

(2) Dust sampling in the common area on each such floor, within two feet (2 ft.) from the entry door of each unit where such work is undertaken, and within two feet (2 ft.) from the entry door of either all occupied units on such floor, or at least three (3) of the occupied units, whichever is fewer, provided that the risk assessor selects those units most likely to have been affected by dust migration resulting from the work;

(d) Notice to DDOE that a dust test will be performed shall be provided whenever the dust test is related to a clearance examination resulting from an Order to Eliminate Lead-Based Paint Hazards, and shall be provided to DDOE by fax, in person, or via the DDOE website, on a DDOE-specified form, submitted to DDOE at least twenty-four (24) hours prior to conducting the dust test, or as soon as practicable, whichever is sooner;

(e) Each environmental sample taken during a clearance examination shall be analyzed by an appropriately accredited lab, and the total samples submitted to the lab shall include as a quality assurance measure one (1) blank sample for lab analysis for each permit issued pursuant to § 3316.4; and

(f) No other raze or demolition activity shall be undertaken at the property in question until a clearance report has been issued and submitted to DDOE, except that demolition activities on floors where no occupied units are located may continue in the interim.

3316.11 The issuance of an abatement permit in all cases other than a permit issued pursuant to § 3316.4 triggers a requirement that the individual or business entity to whom the permit was issued submit to DDOE a clearance report no later than seven (7) business days after completion of the abatement activities, to close out the permit, as follows:

(b) If there is no Order to Eliminate Lead-Based Paint Hazards, the clearance examination may be performed by a dust sampling technician, a lead based paint inspector, or by a risk assessor, whether or not employed by the owner;

(1) A visual inspection of each work area, to ensure paint is in intact condition;

(2) A visual inspection of each work area, to ensure there is no visible dust or debris;

(3) Dust sampling in each room that contains a work area, on the following surfaces in each sampled room:

(A) One (1) floor sample; and

(B) For rooms that contain a window, one (1) window sill or one (1) window well sample;

(4) Whenever a work area is located on the exterior of a property, and whenever a work area involves a window or a door that opens to the exterior of a property, a dust sample on any concrete or other rough exterior horizontal surface within the work area(s); and

(5) Soil sampling if any abatement activity included lead contaminated bare soil remediation, or if exterior work to eliminate a lead-based paint hazard was performed within ten feet (10 ft.) of a bare soil area, provided such sampling occurs on the same property;

(d) Each environmental sample taken during a clearance examination shall be analyzed by an appropriately accredited lab and shall include as a quality assurance measure one (1) blank sample for lab analysis for each unit or property subject to the clearance examination, or in the case of a clearance examination that spans more than one (1) day, one (1) blank sample for lab analysis per day for each property subject to the clearance examination; and

(e) Each clearance report shall contain a copy of the current DDOE-issued certification card belonging to the individual that conducted the clearance examination and the date the clearance report was issued.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3317 ACCESS TO PROPERTIES

3317.1 DDOE may enter a residence or child-occupied facility between the hours of 7:30 a.m. and 7:30 p.m. if DDOE reasonably believes that activities are being or have been conducted in violation of the Acts or any of these regulations, or upon reasonable belief that there is an imminent threat to the health and safety of the occupants.

3317.2 The tenant’s consent to enter a residence is required before entry by DDOE, unless DDOE has obtained an administrative search warrant. Search warrants authorizing entry for inspections are issued by the Superior Court pursuant to D.C. Official Code § 11-941.

3317.3 For purposes of this section, a property owner or an owner’s employee or representative shall seek access to an occupied residential rental dwelling unit only after providing the tenant with a written request for permission to enter the unit at a reasonable hour, at least forty-eight (48) hours before the proposed time of entry. Such notification shall include:

(a) The proposed date and time of entry;

(b) The reason access is needed, including what inspection or work will be conducted, and the particular area(s) of the premises to be accessed;

(d) A statement to the effect that the tenant may request proof of training or certification before allowing an inspector or worker to access the unit or proceed with their work; and

(e) A request that the tenant return a DDOE-issued consent form provided to the tenant by the property owner or the owner’s agent pursuant to § 3317.4, prior to the proposed time of entry.

3317.4 Along with the written request for permission to enter the unit pursuant to § 3317.3, the property owner or the owner’s agent shall provide the tenant with a DDOE-issued consent form that the tenant may use to grant or deny consent to the requested entry, or to set forth reasonable conditions for such consent, including an alternative date or dates for such entry.

3317.5 A property owner or owner’s agent shall meet the tenant’s reasonable conditions for access under § 3317.4.

3317.6 Except as provided in § 3317.8, if the tenant fails to return a consent form to the owner that grants access to the dwelling unit or sets reasonable conditions for same, and continues to deny the owner access to the dwelling unit for seven (7) days or more after the original written request for access was made, the owner shall be exempt from meeting the requirements of the Acts that are relevant to the requested access, until the tenant either provides written notice of the tenant’s willingness to grant access or otherwise freely grants access, or until the tenant no longer occupies the unit, whichever happens first.

3317.7 Except as provided in § 3317.8, a property owner who complies with the conditions proposed by the tenant in accordance with § 3317.4 and whose tenant still refuses to grant access to the dwelling unit shall be exempt from meeting the requirements of the Acts that are relevant to the requested access, until the tenant either provides written notice of the tenant’s willingness to grant access or otherwise freely grants access, or until the tenant no longer occupies the unit, whichever happens first.

3317.8 A property owner shall verify that workers engaging in lead-based paint activities on the owner’s behalf are trained or certified pursuant to these regulations and that such requirements are correctly and clearly articulated in accordance with § 3317.3, and a tenant may deny access to an inspector or worker engaging in lead-based paint activities who is unable to provide proof of such training or certification.

3317.9 A tenant shall allow access to his or her dwelling unit to the unit owner or the owner’s employee or representative to facilitate any work or inspection required under this chapter, provided all other conditions required by §§ 3317.3, 3317.4, 3317.5, and 3317.8 are met.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3318 NOTICE OF VIOLATION OR NOTICE OF INFRACTION, AND ORDER TO ELIMINATE LEAD-BASED PAINT HAZARDS

3318.1 DDOE may take steps to determine the existence of a lead-based paint hazard whenever DDOE has reason to believe that there is a risk that a lead-based paint hazard is present in a dwelling unit, an accessible common area of a multifamily property, or a child-occupied facility such as a day care center or kindergarten program that is regularly attended by children under the age of six (6) years constructed prior to 1978.

3318.2 To determine whether a lead-based paint hazard is present, DDOE’s investigation of a dwelling unit, accessible common area, or a child-occupied facility pursuant to § 3318.1 shall be followed by a report to the owner and the tenant, and may include:

(a) A visual inspection; and

(b) Any other form of lead hazard evaluation.

3318.3 If a lead-based paint hazard is identified, DDOE may issue a written Notice of Violation or Notice of Infraction, and an Order to Eliminate Lead-Based Paint Hazards (collectively “Notice and Order”), to the property owner or to any other person. A Notice and Order shall:

(a) Identify the violation;

(b) Specify the measures needed to correct the violation, including the time for compliance;

(c) Order any other action necessary to protect the health and safety of the occupants, including relocation pursuant to § 3319, if necessary;

(d) Include an invoice charging the recipient of the Notice and Order for the costs associated with the risk assessment that resulted in the identification of lead-based paint hazards; and

(e) In the case of a Notice of Infraction, include an assessment of a fine for each violation being cited.

3318.4 An owner, individual, firm, or business entity may object to a notice or order by requesting a hearing within fifteen (15) calendar days of service. If service is by first class mail, a request for a hearing may be filed within twenty (20) days of service. If specific instructions are not on the notice or order, the owner, individual, firm, or entity shall file a written request for a hearing, including the grounds for the objection, in accordance with Rules of Practice and Procedure of the Office of Administrative Hearings set forth in Title 1 DCMR Chapter 28.

3318.5 If DDOE orders the owner to eliminate a hazard by lead-based paint hazard abatement, the owner shall:

(a) Comply with the DDOE Order within thirty (30) calendar days of its receipt, in conformance with D.C. Official Code § 8-231.15(a) unless extended for good cause pursuant to § 3318.9;

(b) Obtain a permit pursuant to § 3316 before beginning abatement work;

(1) Is certified as required by this chapter; and

(2) Adheres to the lead-safe work practice requirements under § 3302 while performing the work; and

(d) Submit a copy of the clearance report to DDOE and, in the case of rental housing, a copy to the tenant, that:

(1) Has been prepared by a risk assessor, subject to the conditions in D.C. Official Code § 8-231.11(f)(1);

(2) Is submitted to DDOE and to the tenant within seven (7) business days of its issuance by said risk assessor; and

(3) Complies with the clearance report requirements established under § 3318.7.

3318.6 If DDOE allows the owner to apply interim controls because abatement is not deemed essential to eliminate a hazard given the particular circumstances, the owner shall:

(a) Comply with the DDOE Order within thirty (30) calendar days of its receipt, in conformance with D.C. Official Code § 8-231.15(a), unless extended for good cause pursuant to § 3318.9;

(b) Ensure that each person working to eliminate the lead-based paint hazard:

(1) Is certified as required by this chapter; or

(2) Has been trained in the lead-safe work practices established under § 3302; and

(3) Adheres to those lead-safe work practices while performing the work;

(d) Submit a clearance report to DDOE, and in the case of rental housing, to the tenant, that:

(1) Has been prepared by a risk assessor, subject to the conditions in D.C. Official Code § 8-231.11(f)(1), except as otherwise provided in § 3315.5;

(2) Is submitted to DDOE and to any affected tenant within seven (7) business days of its issuance by the individual who signed the report; and

(3) Complies with the clearance report requirements under § 3318.7 and, if applicable, under § 3315.4.

3318.7 If DDOE has issued an Order to Eliminate Lead-Based Paint Hazards, the clearance examination shall be performed no sooner than one (1) hour after the completion of lead-based paint hazard control activities, and no later than three (3) business days after completion, and shall be performed as follows:

(a) The clearance examination shall include the following:

(1) A visual inspection of each work area to ensure paint is in an intact condition and to ensure any underlying condition contributing to paint failure that was identified in the Notice of Violation or of Infraction has been repaired;

(2) Photos to document that each work area where non-intact paint conditions had been identified in the Notice and Order has been made intact;

(3) A visual inspection of each work area to ensure there is no visible dust or debris;

(4) Dust sampling in each room that contains a work area, and if fewer than four (4) rooms contain a work area, in additional rooms until at least four (4) rooms are sampled, that shall include either a child’s bedroom, a children’s play room, a living room, the bathroom used by the child, or the kitchen, on the following surfaces in each sampled room:

(A) A floor sample; and

(B) A window sill or a window well sample from rooms that contain a window;

(5) A floor dust sample within two feet (2 ft.) of the unit’s front door and a floor dust sample within two feet (2 ft.) of the unit’s rear door;

(6) Whenever a work area is located on the exterior of a property, and whenever a work area involves a window or a door that opens to the exterior of a property, a dust sample on any concrete or other rough exterior horizontal surface within the work area(s);

(7) If in a multifamily property, additional floor dust samples in the common area outside the unit within two feet (2 ft.) of the front door and within two feet (2 ft.) of the rear door of each unit where lead-based paint hazard elimination work occurred, provided the rear door does not open up to the property exterior; and

(8) Soil sampling if lead-contaminated bare soil was identified, or if exterior work to eliminate a lead-based paint hazard was performed within ten feet (10 ft.) of a bare soil area, provided such sampling occurs on the same property;

(b) Before proceeding with the clearance examination, the risk assessor performing the clearance examination shall review the following documents to establish the extent and scope of the lead hazard elimination work, and any other pertinent requirements:

(1) Abatement Permit;

(2) Lead-based Paint Inspection Survey or Risk Assessment Report;

(3) Project Scope of Work; and

(4) Notice of Violation or of Infraction, and Order to Eliminate Lead- Based Paint Hazards;

(c) Notice to DDOE that a dust test will be performed as part of a clearance examination pursuant to § 3318.5 shall be provided by fax, in person, or via the DDOE website, on a DDOE-specified form, submitted to DDOE at least twenty-four hours (24) prior to conducting the dust test, or as soon as practicable, whichever is sooner;

(d) The results of each clearance examination shall be transmitted to the property owner by the individual reporting these results as soon as practicable, and no later than seven (7) business days after completion of the clearance examination;

(e) If the property does not pass the clearance examination, the owner shall address the condition causing the failure until the property successfully passes clearance;

(f) All environmental samples taken during a clearance examination shall be analyzed by an appropriately accredited lab and shall include as a quality assurance measure one (1) blank sample for lab analysis for each unit or property subject to a clearance examination; and

(g) Each clearance report shall include:

(1) A list of the documents reviewed pursuant to § 3318.7(b);

(2) A room by room narrative that provides details about what specific steps were taken during the clearance examination, and the result of each such step;

(3) Photos taken pursuant to § 3318.7(a)(2), with a caption for each photo, describing the location depicted;

(4) Analytical result for each environmental sample submitted for lab analysis, including any blank or spike sample submitted, including the lead concentration in the prepared spike;

(5) A chain of custody sheet that lists each environmental sample submitted to a lab for analysis, along with the date and time of day the samples were taken;

(6) A floor plan of the unit or property that displays where each environmental sample was taken, including the specific location of any soil sampling;

(7) The reason or reasons why the unit or property did not pass a previous clearance examination, if applicable;

(8) The date of the clearance examination and the time it was performed;

(9) The signature of the individual who performed the clearance examination, along with a copy of his or her current DDOE-issued certification card; and

(10) The date the clearance report was sent or provided to the property owner.

3318.8 A clearance examination following elimination of a lead-based paint hazard ordered by the District, or after such work is performed in response to a child with an elevated blood lead level, shall not be conducted by:

(a) A risk assessor or lead-based paint inspector who is related to the owner or any tenant by blood or marriage;

(b) A risk assessor or lead-based paint inspector who is an employee or owner of the abatement firm performing the work;

(c) A risk assessor or lead-based paint inspector who is an employee or owner of an entity in which the abatement firm has a financial interest; or

(d) A dust sampling technician, except as provided for under § 3315.5.

3318.9 The deadline specified in §§ 3318.5 and 3318.6 may be extended by DDOE, in increments of a maximum of thirty (30) days, provided the owner:

(a) Requests in writing an extension from DDOE and submits such written request no fewer than five (5) calendar days prior to the existing deadline for compliance;

(b) Explains in the written deadline extension request the reason why more time is needed; and

(c) Provides in the written deadline extension request a summary of steps taken to date, sufficient to demonstrate to the satisfaction of DDOE that:

(1) The owner intends in good faith to comply with the Order; and

(2) Providing more time to the owner to comply with the Order is not likely to endanger the health and safety of any occupants of the property subject to said Order.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3319 REQUIREMENTS FOR TEMPORARY RELOCATION OF TENANTS

3319.1 A property owner shall take all steps necessary to provide temporary comparable alternative living arrangements for an affected tenant whenever DDOE requires relocation of the tenant due to the presence of lead-based paint hazards at a residential rental property, and shall:

(a) Provide the tenant with at least fourteen (14) days of written notice about the specifics of the proposed relocation, including contact information and the address of the temporary unit, unless a shorter time period is ordered by DDOE, or is mutually agreed to in writing by the owner and the tenant;

(b) Provide the tenant with a written, signed statement on a DDOE-issued form, that the tenant has the right to return to the unit once the unit has passed a clearance examination, under the same terms of agreement that exist under the current tenancy;

(d) Determine whether there are any appropriate temporary relocation units that do not contain any lead-based paint hazards and that are located within the same property in which the tenant currently resides, and offer same to the tenant;

(e) Make all reasonable efforts to determine whether there are any appropriate temporary relocation units available within the same school district or ward and that are close to public transportation, as appropriate, and offer same to the tenant if a unit as described in paragraph (d) above is not available; or

(f) Offer the tenant other reasonably located, appropriate, and available temporary relocation units if no such unit described in paragraphs (d) or (e) is available.

3319.2 A property owner who is ordered to relocate a tenant shall pay all reasonable temporary relocation expenses that may be required until the tenant’s dwelling unit has passed a clearance examination, and a reasonable amount of time has passed to allow the tenant to return to the dwelling unit, which shall include:

(a) Moving and hauling expenses;

(b) Payment of a security deposit;

(c) The cost of replacement housing, including alternative arrangements identified by the tenant and agreed to by said property owner, if the owner has no available temporary relocation unit that satisfies § 3319.1(d-f), provided that the tenant continues to pay the rent on the dwelling unit from which the tenant has been relocated; and

(d) Installation and connection of utilities and appliances.

3319.3 The property owner shall exercise due diligence in making all reasonable efforts to minimize the duration of temporary relocations.

3319.4 The property owner shall comply with all relocation requirements within fourteen (14) calendar days of the receipt of a written order from DDOE requiring temporary relocation of a tenant, unless the order specifies a different deadline for such measures.

3319.5 A tenant may elect to make alternative arrangements for temporary relocation without any interference from a property owner.

3319.6 Whenever DDOE determines that an imminent threat to a tenant’s health and safety exists due to the presence of lead-based paint hazards, DDOE may initiate tenant relocation to a hotel or make other temporary arrangements for lead safety for the tenant, in advance of the owner receiving a DDOE Order to Relocate, or prior to the deadline to which the owner is subject pursuant to § 3319.1, and in such cases DDOE shall notify the owner in writing of the action taken, within seven (7) business days.

3319.7 If DDOE incurs expenses when it takes action pursuant to § 3319.6, the property owner shall reimburse DDOE for all such expenses based upon a DDOE invoice.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3320 ENFORCEMENT ACTIONS AND COST REIMBURSEMENT

3320.1 If an owner, individual, firm, or business entity fails to comply with any document issued in accordance with the procedures set forth in § 3318 or violates any other provision of the Acts or this chapter, and such failure is likely to result in harm to either human health or the environment, DDOE may take any reasonable steps needed to prevent such harm from occurring and shall require reimbursement by said owner, individual, firm, or business entity for all reasonable costs as set forth on a DDOE invoice.

3320.2 DDOE may enforce a violation of the Acts or this chapter, by issuing one or more of the following:

(a) Notice of Violation;

(b) Notice of Infraction;

(d) Order to Eliminate Lead-Based Paint Hazards;

(e) Notice of suspension, revocation, or denial in accordance with § 3321; or

(f) Another order necessary to protect human health or the environment, or to implement this chapter.

3320.3 Each notice and order shall:

(a) Identify the violation;

(b) Specify the measures needed to correct the violation, including the time for compliance;

(d) Include an invoice charging the recipient of the notice or order for the costs associated with the lead-based paint hazard evaluation that resulted in the identification of lead-based paint hazards; and

(e) In the case of a Notice of Infraction, include an assessment of a fine for each violation being cited.

3320.4 An owner, individual, firm, or business entity may object to a notice or order by requesting a hearing within fifteen (15) calendar days of service. If service is by first class mail, a request for a hearing may be filed within twenty (20) days of service. If specific instructions are not on the notice or order, the owner, individual, firm, or entity shall file a written request for a hearing, including the grounds for the objection, in accordance with Rules of Practice and Procedure of the Office of Administrative Hearings set forth in Title 1 DCMR Chapter 28.

3320.5 DDOE may issue a Cease and Desist Order to take effect immediately, requiring an owner, individual, firm, or business entity to correct a condition which is an imminent and substantial danger to the public health or restraining an owner, individual, firm, or business entity from engaging in any unauthorized activity that immediately and substantially endangers the public health. A Cease and Desist Order shall:

(a) Describe the nature of the violation;

(b) Take effect at the time and on the date signed; and

3320.6 A hearing request does not stay the effective date of a Cease and Desist Order. If a hearing is not requested within the fifteen (15) day time period, the Order becomes final and remains in effect until DDOE determines that the corrective actions have alleviated the dangerous conditions.

3320.7 In addition to imposing injunctive relief through a Cease and Desist Order under § 3320.5, DDOE may impose administrative sanctions for any infractions under this chapter or the Acts through the use of civil fines, penalties, and fees pursuant to D.C. Official Code, Title 2, Chapter 18.

3320.8 The District may also initiate a civil action in the Superior Court of the District of Columbia to:

(a) Seek recovery of any corrective action costs incurred by the District government caused by any violation of the Acts or this chapter;

(b) Impose civil penalties up to $25,000 for each day of each violation; or

(c) Secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of this chapter or the Acts.

3320.9 Any owner, individual, training provider, firm or business entity that knowingly or willingly violates the provisions of the Acts or this chapter may also be subject to a criminal penalty of not more than $25,000 for each day of each violation, or imprisonment for not more than one (1) year, or both.

3320.10 Any notice or order shall be served by personal service on an owner, individual, firm or business entity or his or her authorized agent in the same manner as a summons in a civil action, which includes first class mail, or by registered or certified mail to his or her last known address or place of residence.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3321 NOTICE OF SUSPENSION OR REVOCATION, OR DENIAL OF A PERMIT, ACCREDITATION, OR CERTIFICATION

3321.1 After providing notice and opportunity for a hearing, DDOE may suspend, revoke, modify, or refuse to issue, renew, or restore a permit, certification or accreditation issued to an individual, firm, business entity or training provider under this chapter, if DDOE finds that the applicant or holder:

(a) Has failed to comply with a provision of the Acts or a rule in this chapter;

(b) Has misrepresented facts relating to a lead-based paint activity to a client, customer, or DDOE;

(c) Has made a false statement or misrepresentation material to the issuance, modification, or renewal of a certification, permit, or accreditation;

(d) Has submitted a false or fraudulent record, invoice, or report;

(e) Has a history of repeated violations of District or federal law or regulation;

(f) Has had a certificate, permit, or accreditation denied, revoked, or suspended either by DDOE or by another state or jurisdiction;

(g) Has failed to comply with federal or District lead-based paint statutes or regulations;

(h) As a renovation firm, has failed to maintain or has falsified records that are required to be maintained to document compliance with 40 CFR § 745.86;

(i) As a training provider or as an instructor, has provided inaccurate information or inadequate training;

(j) Has committed any of the violations described in 40 CFR § 225(g); or

(k) Does not possess proof of required accreditation, as prescribed by DDOE.

3321.2 In addition to the bases listed in § 3321.1, DDOE may revoke or suspend a business entity or firm certification if it has had its authorization to do business in the District of Columbia revoked or suspended.

3321.3 An action to suspend, revoke, or refuse to issue, renew, or restore a permit, a certification or an accreditation shall be conducted in accordance with the following procedure:

(a) The notice of proposed suspension, revocation, or denial shall be in writing and shall include the following:

(1) The name and address of the applicant for, or holder of, the permit, certification or accreditation;

(2) A statement of the proposed action and the proposed effective date and duration of a proposed refusal to issue, renew, or restore a permit, certification or accreditation, whether for an individual, firm, or a business entity;

(3) A statement of the reasons for the proposed action in compliance with the requirements of D.C. Official Code § 8-231.14;

(4) The method for requesting a hearing to appeal the decision by DDOE before it becomes final; and

(5) Any additional information that DDOE may decide is appropriate; and

(b) If the individual, firm, business entity or training provider requests a hearing pursuant to this section, DDOE shall provide the owner, individual, firm, or business entity an opportunity to submit a written statement in response to DDOE’s statement of the legal and factual basis, and to provide any other explanations, comments, and arguments it deems relevant to the proposed action.

3321.4 An individual, firm, business entity or training provider whose certification or accreditation has been suspended, revoked, or denied by DDOE shall not be eligible to apply for any certification or accreditation available under this chapter until a period of ninety (90) days has passed after the effective date of such suspension, revocation or denial.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3322 FEES FOR CERTIFICATION, PERMITTING, AND ACCREDITATION

3322.1 Initial and renewal certification fees for the disciplines of lead-based paint inspector, risk assessor, abatement supervisor, and lead project designer shall be set at three hundred fifty dollars ($350), for both initial certification and each subsequent renewal, unless the course completion certificate provided to DDOE as part of the certification application process is not from a DDOE-accredited training provider, in which case the fee shall be four hundred fifty dollars ($450).

3322.2 The certification fee for a lead abatement worker, renovator, and dust sampling technician shall be set at one hundred dollars ($100), for both initial certification and each subsequent renewal, unless the course completion certificate provided to DDOE as part of the certification process is not from a DDOE-accredited training provider, in which case the fee shall be one hundred fifty dollars ($150).

3322.3 The certification fee for either a renovation firm or business entity shall be set at three hundred dollars ($300), for both initial certification and each subsequent renewal, though no such certification is needed if the renovation firm or business entity provides documentation of current certification status issued by the EPA.

3322.4 The certification fee for a renovation firm or business entity seeking simultaneous certification as both a renovation firm and as a business entity certified to perform lead-based paint activities shall be set at five hundred fifty dollars ($550), for both initial certification and each subsequent renewal, though no such certification is needed if the renovation firm or business entity provides documentation of current dual certification status issued by EPA.

3322.5 The fee for a lead abatement permit is fifty dollars ($50), plus three percent (3%) of the total agreed-upon contract price for the lead abatement portion of the work, provided the total cost of the permit shall not exceed $500.

3322.6 The fee for a renovation permit is fifty dollars ($50), plus two percent (2%) of the total agreed-upon contract price for the portion of the work that encompasses the specific activities listed in § 3310.1(a), provided the total cost of the permit shall not exceed $500.

3322.7 Initial, refresher course, and renewal accreditation fees are as follows, apply regardless of the language in which the course is taught, are capped not to exceed a total cost of five thousand dollars ($5,000) per training provider for any given accreditation application to DDOE, and are valid for three (3) years of accreditation:

(a) Initial training course accreditation fee schedule:

Lead-Based Paint Inspector: $850

Risk Assessor: $850

Abatement Worker: $850

Abatement Supervisor: $850

Lead Project Designer: $500

Renovator: $850

Dust Sampling Technician: $500

(b) Refresher training course accreditation fee schedule:

Lead-Based Paint Inspector: $650

Risk Assessor: $650

Abatement Worker: $650

Abatement Supervisor: $650

Project Designer: $300

Renovator: $650

Dust Sampling Technician: $300

Lead-Based Paint Inspector: $600

Risk Assessor: $600

Abatement Worker: $600

Abatement Supervisor: $600

Project Designer: $400

Renovator: $600

Dust Sampling Technician: $400

(d) Renewal of refresher course accreditation fee schedule:

Lead-Based Paint Inspector: $500

Risk Assessor: $500

Abatement Worker: $500

Abatement Supervisor: $500

Project Designer: $250

Renovator: $500

Dust Sampling Technician: $250

3322.8 All certification, permitting, and accreditation fees shall be subject to periodic revision, as deemed advisable by DDOE.

3322.9 DDOE shall assess a twenty-five dollar ($25) fee to provide a replacement certification card or accreditation letter.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20 DCMR § 3399 DEFINITIONS

3399.1 When used in this chapter, the following terms shall have the meanings ascribed (some of the definitions were codified in the Acts, thus indicated as [Statutory], and are reprinted below for regulatory efficiency):

Abatement – a set of measures, except interim controls, that eliminates lead-based paint hazards by either the removal of paint and dust, the enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or covering of soil, and all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures. [Statutory]

Accredited training provider – a training provider that has been approved by the Mayor to provide training for individuals who conduct lead-based paint activities. [Statutory]

Business entity – a partnership, firm, company, association, corporation, sole proprietorship, government, quasi-government entity, nonprofit organization, or other business concern. [Statutory]

Child-occupied facility – a building, or portion of a building, constructed prior to 1978, which as part of its function receives children under the age of six (6) on a regular basis, and is required to obtain a certificate of occupancy as a precondition to performing that function. The term "child-occupied facility" may include a preschool, kindergarten classroom, and child development facility licensed under subchapter II of Chapter 20 of Title 7 of the D.C. Official Code. The location of a child-occupied facility as part of a larger structure does not make the entire structure a child-occupied facility. Only the portion of the facility occupied or regularly visited by children under age six (6) shall be considered the child-occupied facility. [Statutory]

Clearance examination – an evaluation of a property to determine whether the property is free of any deteriorated lead-based paint and underlying condition, or any lead-based paint hazard, underlying condition, lead-contaminated dust, and lead-contaminated soil hazards, that is conducted by a risk assessor, a lead-based paint inspector, or in accordance with limitations specified by statute or by rule, a dust sampling technician. [Statutory]

Clearance report – a report issued by a risk assessor, a lead-based paint inspector, or a dust sampling technician that finds that the area tested has passed a clearance examination, and that specifies the steps taken to ensure the absence of lead-based paint hazards, including confirmation that any encapsulation performed as part of a lead hazard abatement strategy was performed in accordance with the manufacturer's specifications. [Statutory]

Containment – a system, process, or barrier used to contain lead-based paint hazards inside a work area. [Statutory]

Day – a calendar day. [Statutory]

Demolition – the removal or destruction of a part of a building, such as the walls within one or several units in a multifamily property, or the gutting of an entire building that leaves the exterior shell of the structure in place.

Deteriorated paint – paint that is cracking, flaking, chipping, peeling, chalking, not intact, or otherwise separating from the substrate of a building component, except that pinholes and hairline fractures attributable to the settling of a building shall not be considered deteriorated paint. [Statutory]

Director – the Director of the District Department of the Environment (DDOE).

Dust action level – the concentration of lead that constitutes a lead-based paint hazard for dust and requires lead-based paint hazard elimination. [Statutory]

Dust sampling technician – an individual who:

Has successfully completed an accredited training program;

Has been certified by the District to perform a visual inspection of a property to confirm that no deteriorated paint is visible at the property, and to sample for the presence of lead in dust for the purposes of certain clearance testing and lead dust hazard identification; and

Provides a report explaining the results of the visual inspection and dust sampling. [Statutory]

Dwelling unit – a room or group of rooms that form a single independent habitable unit for permanent occupation by one (1) or more individuals that has living facilities with permanent provisions for living, sleeping, eating, and sanitation. The term "dwelling unit" does not include:

(a) A unit within a hotel, motel, or seasonal or transient facility, unless such unit is or will be occupied by a person at risk for a period exceeding thirty (30) days;

(b) An area within the dwelling unit that is secured and accessible only to authorized personnel;

(c) Housing for the elderly, or a dwelling unit designated exclusively for persons with disabilities, unless a person at risk resides or is expected to reside in the dwelling unit or visit the dwelling unit on a regular basis; or

(d) An unoccupied dwelling unit that is to be demolished; provided, that the dwelling unit will remain unoccupied until demolition. [Statutory]

Elevated blood lead level – the concentration of lead in a sample of whole blood equal to or greater than ten micrograms of lead per deciliter (10 μg/dL) of blood, or such more stringent standard as may be established by the U.S. Centers for Disease Control and Prevention as the appropriate level of concern, or adopted by the Mayor by rule. [Statutory]

Encapsulation – the application of a covering or coating that acts as a barrier between the lead-based paint and the environment, and that relies for its durability on adhesion between the encapsulant and the painted surface and on the integrity of the existing bonds between paint layers and between the paint and the substrate. [Statutory]

Enclosure – the use of rigid, durable construction materials that are mechanically fastened to the substrate to act as a barrier between lead-based paint and the environment. [Statutory]

EPA – the United States Environmental Protection Agency.

Exterior surfaces – means:

(a) All surfaces that are attached to the outside of a property;

(b) All structures that are appurtenances to a property;

(d) For a property within a multi-unit dwelling, all painted surfaces in stairways, hallways, entrance areas, recreation areas, laundry areas, and garages that are common to individual dwelling units or located on the property. [Statutory]

Interim controls – a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

Lead-based paint – any paint or other surface coating containing lead or lead in its compounds in any quantity exceeding one half percent (0.5%) of the total weight of the material or more than one milligram per square centimeter (1.0 mg/cm2), or such more stringent standards as may be specified in federal law or regulations promulgated by EPA or the United States Department of Housing and Urban Development (HUD), which shall be adopted by the Mayor by rule. [Statutory]

Lead-based paint activities – the identification, risk assessment, inspection, abatement, use of interim controls, or elimination of lead-based paint, lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil, and all planning, project designing, and supervision associated with any of the these activities. [Statutory]

Lead-based paint hazard – any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, deteriorated lead-based paint or presumed lead-based paint, or lead-based paint or presumed lead-based paint that is disturbed without containment. [Statutory]

Lead-based paint inspector or inspector – an individual who has been trained by an accredited training provider and certified by the District to conduct lead inspections. For the purpose of clearance testing, a lead-based paint inspector also samples for the presence of lead in dust and in bare soil. [Statutory]

Lead-contaminated dust – surface dust based on a wipe sample that contains a mass per area concentration of lead equal to or exceeding:

(a) For dust action levels or for the purpose of clearance examination:

(1) Forty micrograms per square foot (40 μg/sq. ft. on floors; or

(2) Two hundred fifty micrograms per square foot (250 μg/sq. ft.) on interior windowsills;

(b) For the purpose of clearance examination:

(1) Four hundred micrograms per square foot (400 μg/sq. ft. on window troughs; or

(2) Eight hundred micrograms per square foot (800 μg/sq. ft on concrete or other rough exterior surfaces; or

(1) Specified in federal law;

(2) Specified in regulations promulgated by the EPA or HUD; or

(3) Adopted by DDOE by rule. [Statutory]

Lead-contaminated soil – bare soil on real property that contains lead in excess of four hundred parts per million (400 ppm), or such other more stringent level specified in federal law or regulations promulgated by EPA or HUD, and adopted by the Mayor by rule. [Statutory]

Lead-disclosure form – the form developed by DDOE for a property owner to disclose an owner's knowledge of any lead-based paint or of any lead-based paint hazards, and information about any pending actions ordered by the Mayor pursuant to this law, to tenants, purchasers, or prospective tenants or purchasers. [Statutory]

Lead-free property – a property that contains no lead-contaminated soil, and the interior and exterior surfaces do not contain any lead-based paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/cm2). [Statutory]

Lead-free unit – a unit for which the interior and exterior surfaces appurtenant to the unit do not contain any lead-based paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/cm2), and for which the approaches thereto remain lead-safe. The Mayor, by rule, may establish a method to ensure that approaches to lead-free units remain lead-safe. [Statutory]

Lead project designer – an individual who has been trained by an accredited training provider and certified by the District to review lead-based paint inspection reports and risk assessment reports and to develop detailed plans to abate lead-based paint and eliminate lead-based paint hazards.

Lead-safe work practices – a prescribed set of activities that, taken together, ensure that any work that disturbs a painted surface on a structure constructed prior to 1978, generates a minimum of dust and debris, that any dust or debris generated is contained within the immediate work area, that access to the work area by non-workers is effectively limited, that the work area is thoroughly cleaned so as to remove all lead-contaminated dust and debris, and that all such dust and debris is disposed of in an appropriate manner, all in accordance with the methods and standards established by DDOE by rule consistent with applicable federal requirements, as they may be amended. [Statutory]

Owner – a person, firm, partnership, corporation, guardian, conservator, receiver, trustee, executor, legal representative, registered agent, or the federal government, who alone or jointly and severally with others, owns, holds, or controls the whole or any part of the freehold or leasehold interest to any property, with or without actual possession. [Statutory]

Person at risk – a child under age six (6) years or a pregnant woman. [Statutory]

Presumed lead-based paint – paint or other surface coating affixed to a component in or on a dwelling unit or child-occupied facility, constructed prior to 1978. [Statutory]

Raze – the complete destruction of an entire building.

Regularly visits – a child under the age of six (6) years or a pregnant woman who spends or is expected to spend any amount of time at a residential dwelling unit, a single-family property, or a child-occupied facility, at least two (2) different days within any week, provided that each visit lasts at least three (3) hours and the combined annual visits last at least sixty (60) hours in a given calendar year, and provided the property owner or the administrator of the child-occupied facility is notified or otherwise aware of such presence.

Relocation expenses – reasonable expenses directly related to relocation to temporary replacement housing that complies with the requirements of this chapter, including:

(a) Moving and hauling expenses;

(b) Payment of a security deposit;

(c) The cost of replacement housing; provided, that the tenant continues to pay the rent on the dwelling unit from which the tenant has been relocated; and

(d) Installation and connection of utilities and appliances. [Statutory]

Renovation – the modification of any existing structure or portion thereof that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement. The term "renovation" includes the removal, modification, or repair of painted surfaces or painted components, the removal of building components, weatherization projects, and interim controls that disturb painted surfaces. [Statutory]

Renovator – an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or by the District of Columbia. [Statutory]

Risk assessment – an on-site investigation to determine and report the existence, nature, severity, and location of conditions conducive to lead poisoning, including:

(a) The gathering of information regarding the age and history of the housing and occupancy by persons at risk;

(b) A visual inspection of the property;

(d) Other activity as may be appropriate;

(e) Provision of a report explaining the results of the investigation; and

(f) Any additional requirements as determined by the Mayor. [Statutory]

Risk assessor – an individual who has been trained by an accredited training program and certified by the District to conduct risk assessments. [Statutory]

Underlying condition – the source of water intrusion or other problem that is causing paint to deteriorate which may be damaging to the substrate of a painted surface. [Statutory]

Work area – the space that a certified risk assessor, abatement worker or supervisor, a certified renovator or a certified project designer determines is sufficient to contain all dust and debris generated by work that disturbs paint.

History

SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).

20-34 ENERGY CONSERVATION DEMONSTRATION AWARDS PROGRAM

20 DCMR § 3400 GENERAL PROVISIONS

3400.1 The D.C. Energy Extension Service (EES) Conservation Demonstration Awards Program (ECDAP) was established with federal funds by the D.C. Office of Energy to encourage local innovative energy conservation outreach activities.

3400.2 Applicants seeking demonstration award grants shall submit proposals in areas that demonstrate energy savings for the commercial or residential sectors of the District of Columbia.

3400.3 The Director of the D.C. Office of Energy (hereinafter, "Director") shall be ultimately responsible for the EES program.

3400.4 The Program Manager for the EES Program shall be responsible for the coordination, administration, and day-to-day operation of the program.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 5(d)(17) of the District of Columbia Office of Energy Act of 1980, D.C. Law 3-132, D.C. Code § 1-1900 et seq. (1992 Repl. Vol.); and the National Energy Extension Service Act, Title V of Pub. L. 95-39, 91 Stat. 191 et seq., 42 USC § 7001 et seq.
SOURCE: Final Rulemaking published at 37 DCR 7991 (December 14, 1990).
EDITOR'S NOTE: Chapter 75, Energy Conservation Demonstration Awards Program was renumbered Chaper 34.

20 DCMR § 3401 APPLICATION PROCESS

3401.1 For the purposes of this program, applications shall be accepted one time per fiscal year. However, if additional funds become available during that same fiscal year, announcements shall be published in the D.C. Register to announce the deadline for accepting applications.

3401.2 To solicit the broadest participation, applicants may only apply for one grant during the fiscal year. The period of the grant activity shall be no longer than one hundred eighty (180) days from the start of the grant award.

3401.3 Any individual or organization within the District of Columbia may apply for financial support to carry out an innovative energy conservation demonstration activity or activities.

3401.4 Applications shall be accompanied by a District of Columbia Energy Extension Service Energy Conservation Demonstration Awards Program Request Form.

3401.5 Applicants shall submit the original and five (5) copies of the Grant Request Form and Application.

3401.6 All applicants shall submit their request for grant funding to the D.C. Energy Extension Service of the D.C. Office of Energy.

3401.7 The D.C. Office of Energy shall give public notice through the D.C. Register, local media, and other sources of the availability of the program, and of the deadlines for submitting applications.

3401.8 The EES Energy Conservation Demonstration Awards Program Request Form shall state the following:

(a) The name and address of the applicant;

(b) The name, address, and telephone number of the contact person; and

3401.9 The following information shall be included in the application:

(a) Preface: Information about the applicant including, but not limited to, background or structure, personnel, tax status, history of related activities and associations with other groups, and overall capabilities;

(b) One page summary of project: Including the need for project, purpose and objectives, community benefits, relationship to the District EES Program and any other relevant community programs or groups;

(c) Technical description of the project: Including the "what, when, where, how, and why" of the project, services to be offered or products to be produced, progress chart, what, if any, activities will continue beyond the period of the grant, and, if related to other work, a brief description of the relationship;

(d) Qualifications of key personnel;

(e) Cash or in-kind services which the applicant will provide toward the proposed activity; and

(f) Description of applicant's budgetary needs, including (as relevant to the activities pertinent to the grant application) the following:

(1) Salaries (specify full or part-time, duration of employment, and salary of each individual);

(2) Related salary cost (fringe benefits, etc.);

(3) Postage;

(4) Consultant or contractual service;

(5) Supplies;

(6) Duplicating and printing;

(7) Rent;

(8) Travel;

(9) Telephone; and

(10) Applicant's contribution.

3401.10 Within three (3) weeks after the announced application deadline, the Program Manager shall send the applicant a letter acknowledging receipt of the application and noting any deficiencies in the application or additional information required.

3401.11 If the application is complete, the letter shall give the estimated date by which a final decision will be made.

3401.12 Questions concerning the status of an application shall be directed to the Program Manager.

History

SOURCE: Final Rulemaking published at 37 DCR 7991 (December 14. 1990)

20 DCMR § 3402 APPLICATION REVIEW

3402.1 All applications shall be screened by a Review Committee, which will make recommendations to the Director on the merits of the application and on the applicant's proposed budget.

3402.2 The following criteria shall be used to evaluate applications on a weighted basis, as follows:

(a)

Goals and objectives

10%;

(b)

Activity

45%;

(c)

Background of individual, or nature and structure of organization

10%;

(d)

Staffing

20%;

and

(e)

Budget

15%.

3402.3 The Director shall review each application and the Review Committee's recommendations.

3402.4 If the application is approved, the applicant shall be notified by letter of the grant award and budget approval.

3402.5 If the application is not approved, the applicant shall be notified by letter of the reasons for the disapproval. The letter shall indicate that the applicant may request a hearing before the Review Committee to reconsider the application.

3402.6 Upon reconsideration, the Review Committee shall make recommendations to the Director, who shall make all final decisions as to grant awards.

History

SOURCE: Final Rulemaking published at 37 DCR 7991, 7994 (December 14, 1990).

20 DCMR § 3403 APPLICATION REVIEW COMMITTEE

3403.1 The Review Committee shall be comprised of five (5) persons who are sensitive to the needs of the community and who have some knowledge of energy-related activities. Comprehensive knowledge of energy shall not be necessary.

3403.2 Members shall be appointed by the Director from a list developed by the Program Manager.

3403.3 Each member of the Review Committee shall serve a one-year term. Vacancies shall be filled as they occur.

3403.4 The Chairperson shall be chosen by the Review Committee members by majority vote.

3403.5 The Review Committee shall meet quarterly or as often as necessary to hear requests for reconsideration and other business as it occurs.

3403.6 The Review Committee shall screen all applications for grant funding and will submit comments and recommendation on applications and budgets to the Program Manager who, after review, shall transmit the recommendation to the Director for action.

History

SOURCE: Final Rulemaking published at 37 DCR 7991, 7995 (December 14, 1990).

20 DCMR § 3404 GENERAL TERMS AND CONDITIONS COVERING GRANTEES

3404.1 All grant agreements between the grantee and the D.C. Energy Office shall be executed by the Director, before final approval to start the activity.

3404.2 Each grant shall be limited to a maximum of twenty-five thousand dollars ($25,000) for a one-time demonstration project of a currently available commercial technology.

3404.3 The grant agreement shall be signed by the individual or organization head ultimately responsible for the funded activity.

3404.4 At any point during or after the funding period of the grantee, the Program Manager may audit the activities and financial records of the grantee.

3404.5 Failure to comply with any reasonable request of the Program Manager or Director may result in an immediate suspension of grant funding.

3404.6 All grants shall comply with the requirements set forth in 10 CFR § 465.15, as amended from time-to-time.

History

SOURCE: Final Rulemaking published at 37 DCR 7991, 7994 (December 14, 1990).

20 DCMR § 3405 RECORDKEEPING AND REPORTING

3405.1 Each grantee receiving EES financial assistance under this chapter shall keep accurate records which fully disclose the amount and disposition for each grantee and subgrantee of the funds received, and any other records as may be necessary for an effective audit and performance evaluation.

3405.2 Each grantee receiving funds shall submit program performance report and a financial report as requested by the Program Manager.

3405.3 Each report shall contain such information as the Director may prescribe in order to effectively monitor the progress of a grantee.

3405.4 The grantee shall make all records available to the Director for review by the U.S. Department of Energy, the District of Columbia government and federal officials as deemed necessary. All records shall be retained for period of at least three (3) years following final close-out of the grant.

History

SOURCE: Final Rulemaking published at 37 DCR 7991, 7996 (December 14, 1990).

20-35 GREEN BUILDING REQUIREMENTS

20 DCMR § 3501 Current Editions of Green Building Standards

3501.1 The current edition of the LEED® standard is LEED® 2009.

3501.2 The current edition of the Green Communities standard is Green Communities 2008.

3501.3 For both newly constructed and substantially improved public schools, the District shall aspire to meet LEED for Schools certification at the Gold level or higher.

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008); as amended by the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209), published at 57 DCR 7548 (August 20, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 6422, 6423 (July 29, 2011).

20 DCMR § 3502 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008).

20 DCMR § 3503 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008).

20 DCMR § 3504 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008).

20 DCMR § 3505 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008).

20 DCMR § 3506 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008).

20 DCMR § 3507 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008).

20 DCMR § 3508 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008).

20 DCMR § 3509 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008).

20 DCMR § 3510 [RESERVED]

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008).

20 DCMR § 3511 EXEMPTIONS FROM GREEN BUILDING ACT REQUIREMENTS

3511.1 The Director of the Department of Energy and Environment (DOEE) may, on a case by case basis, grant an exemption from any requirement of the Act upon a showing of good cause by the applicant.

3511.2 Good cause for granting an exemption under subsection 3511.1 means one of the following:

(a) Substantial evidence of a practical infeasibility or hardship in meeting a required green building standard;

(b) A determination that the public interest would not be served if the applicant had to comply with the requirement;

(d) The building subject to the Act's requirements is unoccupied.

3511.3 An applicant may also seek an exemption from the Act if the applicant is building a temporary building.

3511.4 The burden shall be on the applicant to show circumstances to establish hardship or infeasibility under this section. Each applicant requesting an exemption under subsections 3511.2 or 3511.3 shall submit to the Director:

(a) A description of public benefits proposed that are not otherwise required by any applicable law or regulation; and

(b) Any other information required by the Director.

3511.5 An applicant seeking an exemption because the building that is the subject of the application is planned as a temporary building, shall submit the following information to the Director, in addition to the information submitted pursuant to subsection 3511.4:

(a) Documentation that the building will in fact be temporary;

(b) An explanation of the need for the building; and

3511.6 Any applicant granted an exemption for a temporary building shall recycle as many building components as feasible when it is deconstructed.

3511.7 Except for an application for an exemption from energy performance benchmarking requirements, an application for exemption under this section shall be submitted through DOEE to the Green Building Advisory Council (GBAC) for comments and recommendations.

3511.8 GBAC's comments and recommendations shall be provided to DDOE within 30 days of the date of submission.

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008); as amended by Final Rulemaking 68 DCR 011077 (October 22, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3511

20 DCMR § 3512 EXPEDITED PERMIT REVIEW

3512.1 The incentives in Section 7(a) of the Act shall apply to any project that will meet LEED certification, including LEED for Homes, at the Gold level or higher.

3512.2 Review of an application for any DOEE approval that will meet LEED certification at the Gold level or higher, or can demonstrate other exemplary environmental benefits of the project, shall be completed within the following timeframes:

(a) Before October 1, 2008, not more than fifteen (15) days after submission; and

(b) On and after October 1, 2008, not more than seven (7) days after submission.

3512.3 The time period in subsection 3512.2 shall begin when all documents necessary for review are received, as determined by the Director.

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008); as amended by Final Rulemaking 68 DCR 011077 (October 22, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3512

20 DCMR § 3513 PERFORMANCE BENCHMARKING OF PRIVATELY-OWNED BUILDINGS APPLICABILITY

3513.1 Pursuant to D.C. Official Code § 6-1451.03, by April 1 of each year, an owner of a privately-owned building of a building type for which ENERGY STAR® tools are available shall measure the annual performance of the building using the U.S. Environmental Protection Agency (U.S. EPA) ENERGY STAR® Portfolio Manager® (Portfolio Manager) benchmarking tool.

3513.2 The requirement described in § 3513.1 shall apply as of:

January 1, 2010, for a building with over 200,000 square feet (200,000 sq. ft.) of gross floor area;

January 1, 2011, for a building with over 150,000 square feet (150,000 sq. ft.) of gross floor area;

January 1, 2012, for a building with over 100,000 square feet (100,000 sq. ft.) of gross floor area;

January 1, 2013, for a building with over 50,000 square feet (50,000 sq. ft.) of gross floor area;

January 1, 2021, for a building with 25,000 square feet (25,000 sq. ft.) of gross floor area, or more; and

January 1, 2024, for a building with 10,000 square feet (10,000 sq. ft.) of gross floor area, or more.

3513.3 When determining the size of a building for the application of § 3513.2, a building owner shall:

Calculate the gross floor area of a building less any area available for parking, as defined by the Portfolio Manager benchmarking tool; and

Include the gross floor area of any structures that share building systems, or have at least one common energy or water meter.

3513.4 All notifications regarding privately-owned building benchmarking required to be provided to the Department shall be made by contacting the Department’s Energy Benchmarking Program.

History

SOURCE: Final Rulemaking published at 60 DCR 367 (January 18, 2013); as amended by Final Rulemaking 68 DCR 011077 (October 22, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3513

20 DCMR § 3514 PERFORMANCE BENCHMARKING REQUIREMENTS

3514.1 According to the schedule described in § 3513.2 and the requirements of this Section, by April 1 of each year, a building owner required to benchmark for the previous calendar year:

Shall use an existing Portfolio Manager account or, if necessary, create a new account to measure the annual performance of the building;

May use an existing Portfolio Manager account created in accordance with D.C. Official Code § 6–1451.03(c)(3), for estimating the energy performance of new construction or substantial improvement.

Shall use an existing Portfolio Manager property or, if necessary, create a new property for each building or set of buildings that are served by shared utility systems required to benchmark;

Shall enter complete and accurate information for each building, property, or campus as required by this section or Portfolio Manager including:

The name and contact information for the building owner and any operator of the property;

The D.C. Real Property Unique Identifier(s) for the property on which the building is located as provided by DOEE;

Energy and water utility information (use of estimated values is not permitted without written DOEE permission for instances where DOEE determines that a non-estimated value is not feasible);

Complete whole-building utility data as specified in § 3514.3;

Values for all property use information (use of default or temporary values is not permitted without written DOEE permission for instances where DOEE determines that it is not feasible to do otherwise); and

Any non-residential tenant space use or utility information as necessary to meet the reporting requirements of this section; and

(e) When entering complete and accurate information into Portfolio Manager, may exclude the gross floor area and energy consumption of property spaces so long as they meet Portfolio Manager criteria for excluding a property space.

Shall complete all automated data quality check functions within Portfolio Manager within seven (7) calendar days prior to submission of a District Benchmark Results and Compliance Report;

(g) If required by § 3515, shall provide third-party verification information; and

Shall submit a complete and accurate District Benchmark Results and Compliance Report to DOEE by authorizing the transfer of the Report in Portfolio Manager.

3514.2 The District Benchmark Results and Compliance Report shall include one of the following for the building:

(a) An ENERGY STAR score, if a score is available;

(b) A Weather Normalized Energy Use Intensity (EUI) result, if an ENERGY STAR score is not available; or

(c) An explanation of why the building owner could not provide complete information for calculation of an ENERGY STAR score or a Weather Normalized EUI result.

3514.3 A building owner shall collect and enter into Portfolio Manager complete whole-building data for the calendar year in accordance with § 3514.1 as follows:

For new buildings, consistent with the requirements of § 3513.2, a building owner shall benchmark beginning with the first full calendar year after the building receives its Temporary Certificate of Occupancy or Certificate of Occupancy, whichever comes first;

If ownership of a building is transferred during a reporting year, the former building owner or owners shall, no later than sixty (60) days after the transfer, provide complete and accurate information necessary to the building owner required to benchmark to complete the benchmark reporting requirements for the full calendar year in which the transfer occurred;

If necessary to submit a complete and accurate District Benchmark Results and Compliance Report, a building owner shall obtain information from non-residential tenants, master meters, or a utility company;

If a building owner has made a reasonable effort to obtain information and does not have complete whole-building information to fulfill the requirements of this section, a building owner shall submit an incomplete building District Benchmark Results and Compliance Report containing as much information as is available and shall notify DOEE which set(s) of utility data are incomplete; and

A building owner who receives updated or corrected information for a reported calendar year after submitting a District Benchmark Results and Compliance Report shall submit an updated Report within thirty (30) days of receiving the new information. A building owner shall notify DOEE when it submits an updated or corrected Report.

3514.4 If a building owner has leased or allowed the sublease of all or part of a building to a non-residential tenant, for the non-residential tenant spaces, the owner shall:

(a) Provide property use information relevant to the tenant space use type and annual utility data for the non-residential tenant space, either as:

(1) Aggregated or single-meter utility data provided directly from the utility companies; or

(2) Provided by tenants;

(b) Upon notice that a non-residential tenant intends to vacate a building before the District Benchmark Results and Compliance Report is due, require from the tenant the necessary information for the period the tenant occupied the building; and

(c) Provide contact information and gross floor areas leased for any non-residential tenant who did not provide necessary data as required by this section.

3514.5 A non-residential tenant of a building owner required to benchmark shall provide the building owner complete and accurate information, as described in § 3514.4, within thirty (30) days of the date a written request for such information is received by the tenant. Non-residential tenants who sublease their space are responsible for collecting and reporting sub-tenant information to the building owner. A request for information is considered received if:

The tenant actually receives the request; or

If the building owner signs a sworn statement that the building owner placed the request in U.S. first class mail, waited at least thirty (30) days, and did not receive notice that the request was returned as undeliverable.

3514.6 A building owner shall retain all records documenting the information contained in the District Benchmarking Results and Compliance Report for a minimum of eight (8) years from the date that the Report is submitted to the Department, and shall provide a copy of those records to the Department upon request.

History

SOURCE: Final Rulemaking 68 DCR 011077 (October 22, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3514

20 DCMR § 3515 PERFORMANCE BENCHMARKING DATA VERIFICATION

3515.1 Every three (3) years, building owners or their designees shall perform third-party verifications of their District Benchmark Results and Compliance Reports.

3515.2 Third-party verification shall begin in 2024 with verification of District Benchmark Results and Compliance Reports submitted for calendar year 2023 and shall be performed every third year thereafter. Third-party verification shall be submitted as part of the District Benchmark Results and Compliance Report no later than April 1 of each reporting year for which third-party verification is required.

3515.3 For each property requiring verification, the building owner of that building, or the building owner’s designee, shall make the ENERGY STAR Data Verification Checklist, and any appropriate supporting documentation, available to an Approved District Data Verifier. The Data Verification Checklist is not required to be submitted with the District Benchmark Results and Compliance Report to meet the requirements of this section.

3515.4 An individual is an Approved District Data Verifier if they possess one (1) of the following licenses, credentials, or certifications, and are in good standing with the licensing, credentialing, or certifying entity at the time that the data verification is conducted:

Professional Engineer (PE) issued within the United States;

(2) Licensed Architect issued within the United States;

(3) Certified Energy Manager (CEM);

(4) Building Energy Assessment Professional; or

(5) Any other additional data verifier license or training program credentials recognized by the Department and posted to its website.

3515.5 The U.S. Environmental Protection Agency is an Approved District Data Verifier for the purpose of this section when it performs data verification as part of an ENERGY STAR Certification that uses data including at least six (6) months of the calendar year for which this section requires data verification.

3515.6 An Approved District Data Verifier shall not be:

The building owner or an employee of the building owner; or

The building owner’s designee, or an employee of that designee, who prepares or submits benchmarking information in Portfolio Manager.

3515.7 To meet the requirements of this section, the building owner or building owner’s designee may request that the Approved District Data Verifier:

(a) Review the Portfolio Manager entries and supporting documentation provided by the building owner or building owner’s designee to identify any errors or gaps in the data; and

(b) Work with the building owner or building owner’s designee as needed to correct errors and fill gaps.

3515.8 Upon completion of verification, the Approved District Data Verifier must certify on the final page of the Data Verification Checklist that the Data Verification Checklist is complete and accurate by signing and dating it and listing any credential, license, or certification information that demonstrates the verifier’s eligibility to act as an Approved District Data Verifier.

3515.9 Approved District Data Verifiers are not required to conduct a site visit or to complete the waste and indoor environmental quality section of the Data Verification Checklist to meet the requirements of this section.

3515.10 The building owner or building owner’s designee shall use the Property Notes section or other relevant section in Portfolio Manager to report to the Department that third-party verification is complete by providing the following information:

The name, title, telephone number, and email of the Approved District Data Verifier who completed the verification;

The date of the verification; and

The name of the credential, license, or certification, the issuing state or organization, and the license or certification number held by the Approved District Data Verifier.

3515.11 A building owner or building owner’s designee may use a current EPA ENERGY STAR Certification, which includes third-party data verification, to meet the third-party verification requirements of this section. To do so, the building owner or building owner’s designee shall include the following information within the District Benchmark Results and Compliance Report Property Notes section or other relevant section:

(a) The date that the building received ENERGY STAR Certification;

(b) The date range of the data verified, which must include a minimum of six (6) months of the calendar year requiring data verification; and

(c) The name, title, email address, name and issuing state or organization of the credential, license, or certification, and license or certification number of the licensed professional who verified the data for the ENERGY STAR Certification.

3515.12 A building owner or building owner’s designee shall retain a signed copy of the Data Verification Checklist and all records documenting the information contained in the District Benchmarking Results and Compliance Report for a minimum of three (3) years from the date that the Report is submitted to the Department, and shall provide a copy of those records to the Department upon request.

History

SOURCE: Final Rulemaking 68 DCR 011077 (October 22, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3515

20 DCMR § 3516 PERFORMANCE BENCHMARKING PENALTIES AND ENFORCEMENT

3516.1 Any of the following shall be a violation of D.C. Official Code § 6-1451.03(c)(2)(D):

§ 3514.1(h) (failure to submit a District Benchmark Results and Compliance Report to DOEE by April 1 for the preceding calendar year)

§ 3514.1(d) (failure to submit accurate and complete benchmarking information in a District Benchmark Results and Compliance Report);

§ 3514.1(g) (failure to provide third-party verification information as required by § 3515)

§ 3514.3(b) (failure of a former building owner to submit complete and accurate benchmarking information to the building owner);

§ 3514.3(e) (failure to update or correct information for a submitted District Benchmark Results and Compliance Report within thirty (30) days of receiving the new information); or

§ 3514.5 (failure of a non-residential tenant to submit complete and accurate benchmarking information to the building owner within thirty (30) days of a written request from the building owner).

3516.2 A building owner or non-residential tenant who fails to submit benchmarking information as specified in § 3516.1 shall be assessed a penalty by DOEE of not more than one hundred dollars ($100) for each calendar day the required submission has not been made.

3516.3 DOEE may enforce the requirements of this section by issuing one or more of the following:

Notice of violation; or

Notice of infraction.

3516.4 DOEE may issue a notice of infraction without first issuing a notice of violation.

3516.5 A building owner, former building owner, or a non-residential tenant who receives a notice of infraction may request a hearing or adjudication pursuant to the Office of Administrative Hearings Establishment Act of 2001 (D.C. Official Code § 2-1831.01 et seq.) and the Office of Administrative Hearings rules (1 DCMR § 2800 et seq).

6 A building owner, former building owner, or a non-residential tenant may appeal to the District of Columbia Court of Appeals only after exhausting all administrative remedies.

History

SOURCE: Final Rulemaking 68 DCR 011077 (October 22, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3516

20 DCMR § 3517 BUILDING ENERGY PERFORMANCE STANDARDS (BEPS)

3517.1 Every six (6) years, DOEE shall, pursuant to Section 301(b) of the Act (D.C. Official Code § 8-1772.21(b)), establish the BEPS. DOEE shall publish notice of the BEPS in the D.C. Register before the relevant Compliance Cycle begins.

3517.2 A building owner shall determine whether the building has met the 2021 BEPS as described in § 3530.

3517.3 A building that does not meet the BEPS shall have a Compliance Cycle of five (5) years from the effective date of the BEPS to meet the performance requirements set forth in § 3518 and the procedural requirements set forth in § 3519.

3517.4 Sections 3517 through 3521 shall apply to buildings in accordance with the following schedule:

Beginning January 1, 2021, all privately-owned buildings with at least fifty thousand square feet (50,000 sq. ft.) of gross floor area and all District-owned or District instrumentality-owned buildings with at least ten thousand square feet (10,000 sq. ft.) of gross floor area;

Beginning January 1, 2027, all privately-owned buildings with at least twenty-five thousand square feet (25,000 sq. ft.) of gross floor area; and

(c) Beginning January 1, 2033, all privately-owned buildings with at least ten thousand square feet (10,000 sq. ft.) of gross floor area.

3517.5 To assess applicability of § 3517.4, a building owner, including for District-owned and District instrumentality-owned buildings, shall determine the building size in accordance with 20 DCMR § 3513 (Energy Performance Benchmarking of Privately-Owned Buildings).

History

SOURCE: Final Rulemaking published at 68 DCR 011790 (November 5, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3516

20 DCMR § 3518 BUILDING ENERGY PERFORMANCE COMPLIANCE PATHWAYS

3518.1 An owner of a building that does not meet the BEPS shall implement one (1) of the following compliance pathways to meet the building energy performance requirements:

(a) A performance pathway, which includes meeting the reporting milestone described in § 3519.5 and achieving energy savings according to the following metrics, as determined through Portfolio Manager:

(1) For a building that can earn an ENERGY STAR® score, a greater than twenty percent (20%) decrease in Site Energy Use Intensity Adjusted to Current Year (Adjusted Site EUI) averaged over the last two (2) years of the Compliance Cycle, as compared to the Adjusted Site EUI averaged over the two (2) years preceding the first year of the Compliance Cycle; or

(2) For a building that cannot earn an ENERGY STAR® score, a greater than twenty percent (20%) decrease in in the Weather Normalized Site Energy Use Intensity (Normalized Site EUI) averaged over the last two (2) years of the Compliance Cycle, as compared to the Normalized Site EUI averaged over the two (2) years preceding the first year of the Compliance Cycle;

(b) For high-performing property types, a standard target pathway, which includes meeting the reporting milestone described in § 3519.5 and achieving energy savings according to the following metrics, as determined through Portfolio Manager:

(1) If a building can earn an ENERGY STAR® score, an increase in its ENERGY STAR® score to the level established as the BEPS for the applicable BEPS Period in the last year of the Compliance Cycle; or

(2) If a building cannot earn an ENERGY STAR® score, a decrease in its Weather Normalized Source Energy Use Intensity (Normalized Source EUI) to the level established as the BEPS for the applicable BEPS Period in the last year of the Compliance Cycle;

(c) A prescriptive pathway to achieve energy savings comparable to the requirements in § 3518.1(a), which includes meeting reporting milestones described in § 3519.6 across four (4) phases and completing DOEE-approved energy efficiency measures set forth in a final action plan approved by DOEE and;

(d) An alternative compliance pathway as proposed by a building owner and agreed to by DOEE that is designed to achieve energy savings comparable to the requirements in § 3518.1(a); or

(e) Only for the BEPS Period beginning on January 1, 2021, buildings that receive a delay of compliance pursuant to § 3520.7(g) may follow a 2021 option for the pathways described in § 3518.1(a) and (b), with the following adjustments:

(1) The performance pathway described in § 3518.1(a) shall use the Site EUI average for the period from 2018 to 2019 as the baseline to compare with the Site EUI for 2026 to determine whether the twenty percent (20%) reduction has been met; and

(2) The standard target pathway described in § 3518.1(b) shall achieve energy performance in 2026 equal to or greater than the 2021 BEPS.

3518.2 Throughout a Compliance Cycle, a building owner shall consistently exclude gross floor area and energy consumption of spaces in accordance with the criteria in Portfolio Manager for excluding a space, unless that gross floor area and energy consumption was included in the District Benchmark Results and Compliance Report used to determine whether the building met the BEPS.

3518.3 A building owner shall not, in the process of complying with this chapter, implement a measure that poses a threat to the health and safety of a building occupant or user, including by reducing indoor environmental quality.

History

SOURCE: Final Rulemaking published at 68 DCR 011790 (November 5, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3516

20 DCMR § 3519 BUILDING ENERGY PERFORMANCE REPORTING AND VERIFICATION

3519.1 This section establishes reporting and verification requirements for building owners to meet the building energy performance requirements. For the BEPS Period beginning in 2021, all buildings that receive a delay under § 3520.7(g) shall have all deadlines set forth in this section extended by one (1) year.

3519.2 The owner of a building that does not meet the BEPS shall select a compliance pathway described under § 3518.1 for DOEE review and approval through the Online BEPS Portal no later than April 1, one (1) year from the start of the Compliance Cycle.

(a) DOEE shall not approve selection of the prescriptive pathway until the building owner submits an energy audit to DOEE as described in § 3519.6(a).

(b) A building that receives a one-year delay of compliance under § 3520.7(g) shall select one of the pathways described in § 3518.1(c) - (e).

3519.3 If a building owner does not select a compliance pathway as specified in § 3519.2 or does not receive DOEE approval for a pathway, DOEE shall assign a pathway for the building.

3519.4 A building owner may change a pathway, including a DOEE-assigned compliance pathway, during a Compliance Cycle for good cause shown by submitting a pathway change application through the Online BEPS Portal and receiving approval from DOEE. A building owner may not change pathways until approval is received from DOEE.

3519.5 For a building following either a performance or standard target pathway, a building owner shall submit a report of completed actions to DOEE through the Online BEPS Portal no later than April 1, five (5) years from the start of the Compliance Cycle.

3519.6 For a building following a prescriptive pathway, a building owner shall submit the following documents to DOEE through the Online BEPS Portal:

(a) No later than April 1, one (1) year from the start of the Compliance Cycle, an energy audit that:

(1) Accurately reflects building energy use at the time the plan is submitted to DOEE; and

(2) Is conducted by a professional who possesses one (1) of the following licenses, credentials, or certifications and who is in good standing with the licensing, credentialing, or certifying entity at the time that the energy use audit is conducted:

(A) Certified Energy Auditor (CEA);

(B) Certified Energy Manager (CEM); or

(C) Any other additional license or training program credentials recognized by the Department and posted on the Online BEPS Portal.

(b) No later than April 1, two (2) years from the start of the Compliance Cycle, an action plan that includes a final list of energy efficiency measures selected for implementation and an operations and maintenance program;

(c) No later than April 1, four (4) years from the start of the Compliance Cycle, an implementation report that includes permit drawings, permits, inspection reports, or other documentation identified in the approved pathway pertaining to the implementation of selected energy efficiency measures;

(d) No later than April 1, five (5) years from the start of the Compliance Cycle, an evaluation, monitoring, and verification report that includes a narrative describing the savings achieved and any corrective actions taken and an updated operations and maintenance program that reflects the energy efficiency measures implemented; and

(e) Additional documentation as identified by DOEE in its approval of the building pathway.

3519.7 For a building pursuing the prescriptive pathway, all retro-commissioning activities that are part of the approved pathway must be conducted by:

(a) A professional that meets the Minimum Qualifications for a Commissioning Authority as defined by Department of Consumer and Regulatory Affairs (DCRA), or

(b) A professional possessing other additional license or training program credentials recognized by DOEE and posted to its website.

3519.8 For an alternative compliance pathway, a building owner shall implement an alternative compliance pathway agreement proposed by the building owner and agreed to by DOEE, and shall complete and submit all documentation in a manner and timeframe required by the agreement.

3519.9 A building owner may use a complete and accurate District Benchmark Results and Compliance Report as required under §§ 3513 through 3516 of this chapter to demonstrate that the building has met its pathway target for a Compliance Cycle.

3519.10 A building owner shall provide any supporting documentation as requested by DOEE to determine compliance with this section.

3519.11 Any report, plan, or documentation submitted as required by §§ 3519.5 through 3519.10 must be complete and accurate.

3519.12 DOEE may deny or revoke approval of a pathway and designate a different pathway specified in § 3518.1 if a building owner:

(a) Fails to submit a complete and accurate report, plan, or documentation as required by §§ 3519.5 through 3519.10;

(b) Fails to implement a requirement of a DOEE-approved compliance pathway; or

3519.13 If ownership of a building covered by § 3517.3 is transferred during a Compliance Cycle, the seller shall provide the buyer with the following information prior to the transfer or sale:

(a) Any information, plans, or reports submitted to DOEE as required by §§ 3519.2, 3519.5, 3519.6, and 3519.8;

(b) The most recent complete and accurate District Benchmark Results and Compliance Report as required under §§ 3513 through 3516 of this chapter; and

3519.14 If ownership of a building covered by § 3517.3 is transferred during a Compliance Cycle, the buyer shall notify DOEE of the transfer or sale within sixty (60) days after the completion of closing.

History

SOURCE: Final Rulemaking published at 68 DCR 011790 (November 5, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3516

20 DCMR § 3520 BUILDING ENERGY PERFORMANCE EXEMPTIONS AND COMPLIANCE DELAYS

3520.1 A building owner may apply for DOEE approval through the Online BEPS Portal for an exemption from, or delay of, compliance with the performance and procedural requirements specified in § 3518 and § 3519.

3520.2 A building owner seeking an exemption or delay shall submit a request describing the exemption or delay sought, and the reason(s) the exemption or delay is being requested. The request shall include documentation that substantiates the basis for the request, such as financial information, deeds, building and construction permits, technical reports, invoices, or other documentation that supports the request being sought.

3520.3 An exemption may be granted only if the building owner demonstrates to the satisfaction of DOEE, based upon the documentation presented, that the building is demolished prior to the beginning of the applicable Compliance Cycle or during the Compliance Cycle.

3520.4 A delay may be granted only if the building owner demonstrates to the satisfaction of DOEE, based upon the documentation presented, that the building meets at least one of the criteria specified in § 3520.7.

3520.5 DOEE shall grant a delay in compliance from the performance and procedural requirements specified in § 3518 and § 3519 for up to three (3) years upon a showing of good cause for delay as specified in § 3520.7.

3520.6 For qualifying affordable housing buildings, DOEE may grant a delay in compliance of more than three (3) years upon a showing of good cause for delay as specified in § 3520.7.

3520.7 For a building owner to demonstrate good cause for granting a delay of compliance under § 3520.5 or § 3520.6, the building owner must provide substantial evidence that one or more of the following circumstances exist and that the circumstance(s) make meeting the requirements of § 3518.1 by the end of the Compliance Cycle practically infeasible:

Financial distress;

(b) A change of ownership of the property during a Compliance Cycle;

(d) The building becomes unoccupied;

(e) The building is pending demolition;

(f) There is a change in property type;

(g) For the BEPS Period beginning in 2021, the building was consuming energy during the COVID-19 public health emergency declared on March 11, 2020 by Mayor’s Order 2020-045;

(h) The building is on the DC Inventory of Historic Sites maintained by the District Office of Planning or is designated as contributing to a historic district; or

(i) The building is implementing an innovative approach to energy efficiency

3520.8 For the BEPS Period beginning in 2021, an owner of a building subject to compliance under § 3517.4(a), in keeping with § 3520.7(g), shall receive a one (1)-year delay of compliance upon DOEE receipt of the building’s 2020 District Benchmark Results and Compliance Report, unless the building owner requests not to receive this delay. A delay of compliance granted pursuant to this subsection shall not preclude DOEE from granting additional delays in compliance under §§ 3520.5 or 3520.6; provided, that, for a building other than a qualifying affordable housing building, all delays may not, in total, exceed three (3) years.

3520.9 DOEE may attach additional conditions to a delay of compliance, including adjustments to the building’s compliance pathway, or additional reporting and verification requirements to move a building toward compliance with the BEPS.

3520.10 A delay approved during one Compliance Cycle does not delay the requirement for a building to meet the BEPS established for the next BEPS Period or the requirements of the next Compliance Cycle.

History

SOURCE: Final Rulemaking published at 68 DCR 011790 (November 5, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3516

20 DCMR § 3521 BUILDING ENERGY PERFORMANCE ALTERNATIVE COMPLIANCE PENALTY, VIOLATIONS, FINES, AND ENFORCEMENT

3521.1 A building owner that fails to demonstrate complete implementation of a compliance pathway as required by § 3518.1 at the end of a Compliance Cycle shall be assessed an alternative compliance penalty.

(a) The maximum penalty for a building shall be ten dollars ($10) per each square foot of gross floor area of the building calculated by ENERGY STAR® Portfolio Manager for the District Benchmark Results and Compliance Report submitted by the building owner at the end of the Compliance Cycle or at the end of a delay granted by DOEE pursuant to §§ 3520.5 or 3520.6, whichever is later. The maximum penalty shall be no greater than seven million five hundred thousand dollars ($7,500,000).

(b) A College/University Campus or Hospital Campus shall pay a maximum penalty of no greater than seven million five hundred thousand dollars ($7,500,000);

(c) The maximum penalty set in § 3521.1(a) and (b) shall be reduced proportionally to the building or campus performance relative to its pathway target as described in § 3521.2.

3521.2 The maximum penalties under § 3521.1 shall be adjusted according to the compliance pathway and according to the following chart:

Pathway

Adjustment Factor

Example

Performance pathway

under §§ 3518.1(a) or 3518.1(e)(1)

The maximum penalty shall be adjusted by calculating the percent of Site EUI reduction achieved divided by twenty percent (20%).

Building A achieves a 10% reduction in Site EUI. Its maximum penalty is reduced by fifty percent (50%) (10/20 = 50%).

Standard Target Pathway under §§ 3518.1(b) or 3518.1(e)(2)

The maximum penalty shall be adjusted by dividing the building’s distance from the BEPS achieved by the distance from the BEPS for buildings of the same property type that are twenty percent (20%) less efficient than the BEPS.

Building B is six (6) points away from the BEPS by the end of the Compliance Cycle. A building of Building B’s property type that is twenty percent (20%) less efficient than the BEPS is fifteen (15) points away from the BEPS. Therefore, the final maximum penalty is forty percent (40%) of the maximum alternative compliance penalty described in § 3521.1 (6/15 = 40%).

Prescriptive pathway under § 3518.1(c)

The maximum penalty shall be adjusted by calculating the number of prescriptive pathway points actually earned divided by total needed.

Building C completes measures worth fifteen (15) points but needs twenty-five (25) to meet the energy performance requirements. Its maximum penalty is reduced by sixty percent (60%)

(15/25 = 60%).

Alternative compliance pathway under § 3518.1(d)

The maximum penalty shall be adjusted using adjustment factors described in the alternative compliance pathway agreement with DOEE, and shall be no less stringent than penalties for other pathways as described under § 3519.8.

3521.3 Notwithstanding § 3521.2, a building owner may be assessed the maximum alternative compliance penalty in accordance with § 3521.1, regardless of the building’s performance relative to its pathway target, in addition to any other applicable fines, if the building owner:

(a) Knowingly withholds information or submits inaccurate information;

(b) Fails to submit a complete and accurate District Benchmark Results and Compliance Report at the end of the Compliance Cycle or at the end of a delay granted by DOEE pursuant to §§ 3520.5 or 3520.6; or

(c) Implements a measure that poses a threat to the health and safety, including the reduction of indoor environmental quality, of a building occupant or user pursuant to § 3518.3.

3521.4 A building owner violating a provision in §§ 3517 through 3520 shall be fined according to the schedule set forth in Title 16 (Consumer, Commercial Properties, and Civil Infractions) of the District of Columbia Municipal Regulations.

3521.5 DOEE may enforce the requirements of this section, including assessment of a fine or alternative compliance penalty, by issuing one or more of the following:

(a) Notice of violation;

(b) Enforcement notice; or

3521.6 DOEE may issue a notice of violation to notify a building owner of a violation under §§ 3517 through 3520 and any potential fine or penalty if the violation is not corrected. A notice of violation does not impose a fine.

3521.7 DOEE may issue an enforcement notice to assess a fine or penalty for a violation under §§ 3517 through 3520. An enforcement notice may be appealed to DOEE pursuant to the instructions provided in the notice.

3521.8 If a fine or penalty is not resolved under §§ 3521.6 or 3521.7, DOEE may issue a notice of infraction. A building owner that receives a notice of infraction may request a hearing or adjudication pursuant to the Office of Administrative Hearings Establishment Act of 2001 (D.C. Official Code § 2-1831.01 et seq.) and the Office of Administrative Hearings Rules (1 DCMR § 2800 et seq).

3521.9 A building owner may appeal to the District of Columbia Court of Appeals only after exhausting all administrative remedies.

3521.10 In addition to or instead of a civil infraction, the Attorney General for the District of Columbia may commence a civil action for damages, cost recovery, reasonable attorney and expert witness fees, and injunctive or other appropriate relief to enforce compliance with §§ 3517 through 3520.

History

SOURCE: Final Rulemaking published at 68 DCR 011790 (November 5, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3516

20 DCMR § 3530 2021 BUILDING ENERGY PERFORMANCE STANDARDS (BEPS)

3530.1 The BEPS in this section apply to all privately-owned buildings with at least 50,000 square feet of gross floor area, and all District-owned or District instrumentality-owned buildings with at least 10,000 square feet of gross floor area, that are not subject to BEPS in Subsection 3530.2 or 3530.3. The “ENERGY STAR Score” column lists the BEPS for property types that can receive an ENERGY STAR® Score. The “Source EUI” column lists the BEPS for buildings that cannot receive an ENERGY STAR Score. All Energy Use Intensity (EUI) values are kBtu/ft2 unless otherwise noted.

Property Type

2021 Building Energy Performance Standard

ENERGY STAR Score

Source EUI

Adult Education

110.4

Ambulatory Surgical Center

426.9

Aquarium

240.2

Automobile Dealership-

124.1

Bank Branch

153.7

Bar/Nightclub

297

Barracks

141.4

Bowling Alley

206.6

Casino

240.2

College/University

180.6

Convenience Store with Gas Station

592.6

Convenience Store without Gas Station

592.6

Convention Center

192

Courthouse

153.7

Data Center

1.8 Total Energy kBtu/IT Energy kBtu

Distribution Center

103.7

Drinking Water Treatment & Distribution

5.9 kBtu/gallons per day

Enclosed Mall

170.7

Energy/Power Station

229.4

Fast Food Restaurant

886.4

Financial Office

153.7

Fire Station

185.5

Fitness Center/Health Club/Gym

206.6

Food Sales

592.6

Food Service

527.7

Hospital (General Medical & Surgical)

426.9

Hotel

183.9

Ice/Curling Rink

206.6

Indoor Arena

240.2

K-12 School

139

Laboratory

318.2

Library

206.4

Lifestyle Center

228.8

Mailing Center/Post Office

242.6

Medical Office

172

Mixed Use Property

229.4

Movie Theater

240.2

Multifamily Housing

110.7

Museum

240.2

Non-Refrigerated Warehouse

103.7

Office

153.7

Other

229.4

Other – Education

110.4

Other - Entertainment/Public Assembly

240.2

Other - Lodging/Residential

143.6

Other – Mall

225.3

Other - Public Services

229.4

Other – Recreation

206.6

Other - Restaurant/Bar

573.7

Other – Services

242.6

Other - Specialty Hospital

426.9

Other – Stadium

240.2

Other - Technology/Science

229.4

Other – Utility

229.4

Outpatient Rehabilitation/Physical Therapy

426.9

Performing Arts

240.2

Personal Services (Health/Beauty, Dry Cleaning, etc.)

242.6

Police Station

185.5

Pre-school/Daycare

131.5

Prison/Incarceration

156.4

Race Track

240.2

Refrigerated Warehouse

235.6

Repair Services (Vehicle, Shoe, Locksmith, etc.)

242.6

Residence Hall/Dormitory

141.4

Residential Care Facility

213.2

Restaurant

573.7

Retail Store

401.2

Roller Rink

206.6

Self-Storage Facility

21.2

Senior Care Community

213.2

Social/Meeting Hall

192

Stadium (Closed)

240.2

Stadium (Open)

240.2

Strip Mall2

228.8

Supermarket/Grocery Store

401.2

Swimming Pool

206.6

Transportation Terminal/Station

240.2

Urgent Care/Clinic/Other Outpatient

426.9

Veterinary Office

145.8

Vocational School

110.4

Wastewater Treatment Plant

7.5 kBtu/gallons per day

Wholesale Club/Supercenter

401.2

Worship Facility

140.3

Zoo

240.2

3530.2 The BEPS in this section apply to Hospital Campuses. The “ENERGY STAR Score” column lists the BEPS for property types that can receive an ENERGY STAR Score. The “Source EUI” column lists the BEPS for buildings that cannot receive an ENERGY STAR Score. All Energy Use Intensity (EUI) values are kBtu/ft2.

Property Type

2021 Building Energy Performance Standard

ENERGY STAR Score

Source EUI

Ambulatory Surgical Center

138.3

Hospital (General Medical & Surgical)

433.9

Other - Specialty Hospital

433.9

Outpatient Rehabilitation/Physical Therapy

138.3

Urgent Care/Clinic/Other Outpatient

145.8

3530.3 The BEPS in this section apply to College/University Campuses. Because College/University Campuses cannot receive an ENERGY STAR Score like other property types, DOEE is using a Blended Custom Source Energy Use Intensity Metric instead. The “Source EUI” column lists the BEPS for each campus. All metrics for campuses are Blended Custom Source Energy Use Intensity (EUI) measured in kBtu/ft2.

Campus

Source EUI

American University Main Campus

207.1

American University Law Campus

180.6

Catholic University Main Campus

248.6

Gallaudet University Main Campus

199.3

Georgetown University Main Campus

262.0

Georgetown University Law Campus

190.4

George Washington University Main Campus

241.4

George Washington University Mt. Vernon Campus

209.9

Howard University Main Campus

235.8

Howard University West Campus

202.0

Trinity University Main Campus

202.6

University of District of Columbia

180.6

3530.4 The 2021 BEPS shall remain in effect until DOEE establishes new BEPS.

3530.5 A building does not meet the BEPS if, based on the 2019 District Benchmark Results and Compliance Report for that building:

(a) That building can receive an ENERGY STAR score, and the ENERGY STAR Score for their building is less than the ENERGY STAR Score Standard for their Property Type established in this section;

(b) That building cannot receive an ENERGY STAR score but can receive a Normalized Source EUI, and the Normalized Source EUI for their building is greater than the Source EUI Standard for their Property Type established in this section;

(c) That building cannot receive an ENERGY STAR score nor a Normalized Source EUI, and the Source EUI for their building is greater than the Source EUI Standard for their Property Type established in this section; or

(d) That building has not submitted a 2019 District Benchmark Results and Compliance Report approved by DOEE pursuant to this chapter.

3530.6 An owner of a building that does not meet the BEPS and whose building experienced atypical business activity, such that the 2019 District Benchmark Results and Compliance Report does not represent normal operations of the building, may request the use of their Calendar Year 2018 District Benchmark Results and Compliance Report by submitting a 2021 BEPS variance request form to DOEE for review and approval through the Online BEPS Portal no later than January 1, 2022.

3530.7 An owner of a building that does not meet the BEPS may request that DOEE establish a variance for their building by submitting a 2021 BEPS variance request form to DOEE for review and approval through the Online BEPS Portal no later than August 1, 2021. The request must include evidence that the building meets one of the following special circumstances:

(a) No single property use type makes up more than fifty-percent (50%) of the overall building gross floor area, so the owner should therefore receive a variance that accounts for the percentage of each property type within the building; or

(b) For a building belonging to a property type where fewer than ten (10) buildings are used to determine the BEPS for that property type, there is an alternative industry-recognized peer group data set with an equivalent metric for the building’s property type.

History

SOURCE: Final Rulemaking published at 68 DCR 4643 (April 30, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3530

20 DCMR § 3599 DEFINITIONS

Aggregated utility data – total whole-building energy or water data for a specified period as provided by the utility company or a third party for the building for a given utility type.

Blended Custom Source Energy Use Intensity or Blended Custom Source EUI – The DOEE developed customized metric for the College/University Campus property type using the local median Source EUI adjusted for the square footage percentage of high-intensity space present on each building of a campus, accounting for the diverse property type uses that might be present on a university campus (e.g. laboratories, residence halls/dormitories, dining halls, offices, restaurants).

Building – any structure used or intended for supporting or sheltering any use or occupancy.

Building Energy Performance Standards or BEPS – the level of energy efficiency set forth by DOEE as an ENERGY STAR score or Normalized Source EUI value for each property type, as provided in section 301(b) of the Act (D.C. Official Code § 8-1772.21(b)).

Building Energy Performance Standards Period or BEPS Period – the period of time in which specific BEPS are in effect, which shall run from the date DOEE establishes BEPS until the next DOEE establishment of BEPS.

Building Energy Performance Standards Program or BEPS Program – the DOEE program overseeing and implementing BEPS.

Building owner – an individual, partnership, corporation, trust, association, firm, joint stock company, organization, commission, or other entity either possessing title or designated to govern a building.

College/University Campus – a secondary educational institution with multiple buildings in a single location that are owned by a single entity.

Compliance Cycle – a period of five (5) years from the date of the establishment of BEPS during which, in the absence of a delay of compliance granted by DOEE, a building must meet the performance requirements set forth in § 3518 and procedural requirements set forth in § 3519.

Department – the Department of Energy and Environment (DOEE).

Director – the Director of the Department of Energy and Environment (DOEE), or the Director’s representative, agent, designee, or successor.

District Benchmark Results and Compliance Report – The ENERGY STAR Portfolio Manager report that includes benchmark and ENERGY STAR statements of energy performance, identifies reporting methodology, and contains data verification information when required by section 4 of the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.03).

Energy audit – An evaluation of a building that identifies potential energy efficiency measures for building systems and operations in accordance with the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 211-2018 Level 2.

ENERGY STAR Data Verification Checklist – a U.S. EPA ENERGY STAR form used to complete the third-party verification of District Benchmark Results and Compliance Reports.

ENERGY STAR® Portfolio Manager benchmarking tool, or Portfolio Manager – the system developed by the U.S. EPA that rates the energy and water performance of a building.

ENERGY STAR score – a 1-to-100 score provided to buildings by the U.S. EPA ENERGY STAR Program to assess how buildings perform in relation to similar buildings nationwide.

High-performing property type – a property type for which the BEPS is at least as energy-efficient as the U.S. EPA’s National Median for that property type.

Hospital Campus – a hospital with multiple buildings in a single location that are owned by a single entity.

Limited-equity cooperative (LEC) – a cooperative required by a government agency or nonprofit organization to limit the resale price of membership shares for the purpose of keeping the housing affordable to incoming members with low and moderate incomes.

Major renovation – any repair, alteration, or addition of a building that:

(1) Significantly affects multiple core building systems; and

(2) Costs at least twenty-five (25) percent of the value of the building, as determined based on the District Office of Tax and Revenue records, before the repair, alteration, or addition is started.

National Median – the ENERGY STAR score or Source EUI benchmark, available on the U.S. Environmental Protection Agency (EPA) ENERGY STAR Portfolio Manager® website, that fifty percent (50%) of properties perform above and fifty percent (50%) perform below.

Online BEPS Portal – a web-based application created by DOEE for a building owner to submit required reporting and verification documents pertaining to BEPS, accessible through the DOEE BEPS Program webpage.

Operation and maintenance program – A plan meeting the specifications found in American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 100-2018, Chapter 6, that addresses every applicable building system and element as outlined in Annex D and follows the implementation requirements laid out in Annex L that address the functions, duties and labor associated with the daily operations and normal repairs, replacement of parts and structural components, and other activities needed to preserve an asset so that it continues to provide acceptable services and achieves its expected life.

Portfolio Manager Data Collection Worksheet – the list of data fields required to fulfill District benchmarking requirements, which includes the information needed for a building owner to request information from a non-residential tenant. This worksheet can be found on the U.S. EPA ENERGY STAR website.

Property type – the primary function of a building as determined through EPA’s ENERGY STAR Portfolio Manager.

Property use information – the characteristics, such as the conditioned floor area, weekly operating hours, number of occupied units, and number of computers in use, described by Portfolio Manager for a particular building type.

Qualifying affordable housing – a building that is primarily residential, contains five (5) or more dwelling units, and can demonstrate that:

(1) Use restrictions or other covenants require that at least 50% of the building’s dwelling units are occupied by households with household income of less than 50% of the area median income (AMI);

(2) At least 50% of the dwelling units rent at levels affordable to households with incomes less than or equal to 50% of the AMI.; or

(3) The building is a Limited-equity Cooperative (LEC) that meets the definition of affordable housing pursuant to section 301(k) of the Clean Energy Omnibus Amendment Act of 2018 (D.C. Official Code § 8-1772.21(k)).

Site Energy Use Intensity or Site EUI – the annual amount of energy a building consumes onsite, as reported on a building’s utility bills, divided by the building’s gross floor area (or in the case of water and wastewater treatment plants, by gallons per day), as determined through Portfolio Manager.

Site Energy Use Intensity Adjusted to Current Year or Adjusted Site EUI – the Site EUI a building would be expected to have if its operations were the same as in the current time period, as determined through Portfolio Manager.

Source Energy Use Intensity or Source EUI – the total amount of raw fuel that is required to operate a building, divided by the building’s gross floor area, as determined through EPA’s ENERGY STAR Portfolio Manager.

Tenant – a person or entity entitled to the possession, occupancy, or the benefits of any rental unit owned by another person or entity, or the owner of an individual condominium unit within a condominium association.

Utility company – an entity distributing, supplying, or transmitting electricity, natural gas, or other fuel for heating, cooling, or power generation, or water to a building.

Utility data – energy or water consumption data from one or more meters for a specified period.

Weather Normalized Site Energy Use Intensity or Normalized Site EUI – the Site EUI a building would have consumed during thirty (30) year average weather conditions, as determined through Portfolio Manager.

Weather Normalized Source Energy Use Intensity or Normalized Source EUI – the Source EUI a building would have consumed during thirty (30) year average weather conditions, as determined through EPA’s ENERGY STAR Portfolio Manager.

Whole-building utility data – information about all energy and water consumed on the premises, including in common areas, tenant-controlled areas, and residential living areas, but not including spaces that meet all exclusion criteria described in the Portfolio Manager Data Collection Worksheet.

History

SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008); as amended by Final Rulemaking published at 60 DCR 367 (January 18, 2013); as amended by Final Rulemaking published at 68 DCR 4643 (April 30, 2021); as amended by Final Rulemaking 68 DCR 011077 (October 22, 2021); as amended by Final Rulemaking 68 DCR 011790 (November 5, 2021). District of Columbia Municipal Regulations Environment 20 DCMR § 3599

20-36 ENERGY ASSISTANCE AND CONSERVATION PROGRAMS

20 DCMR § 3600 SCOPE - ENERGY ASSISTANCE AND CONSERVATION PROGRAMS

3600 This chapter provides the purposes, process, eligibility criteria, benefit and payment guidance, and appeal procedures for the Department’s various programs that provide energy assistance, weatherization, energy conservation, or other energy services.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3600

20 DCMR § 3601 LIHEAP – GENERAL PROVISIONS

3601.1 Sections 3601 through 3620 and the applicable definitions in § 3699 provide the purposes, process, eligibility criteria, benefit and payment guidance, and appeal procedures for the Department’s Low Income Home Energy Assistance Program (Program).

3601.2 The Department may execute contracts, grants, and agreements as necessary to carry out the Program.

3601.3 The Department’s application and use of LIHEAP funds shall adhere to the requirements of the Low Income Home Energy Assistance Act of 1981 approved August 13, 1981 (95 Stat. 893; 42 U.S.C. §§ 8621 et seq.).

3601.4 Nothing in this chapter shall be interpreted to mean that a benefit provided through this Program is an entitlement, continuing or otherwise.

3601.5 Nothing in this chapter shall be interpreted to mean that an energy assistance benefit is a grant subject to 1 DCMR §§ 5000 et seq. or the City-Wide Grants Manual and Sourcebook, and neither a notice to a person of a determination that is made pursuant to this chapter, nor the determination itself, shall be governed by their provisions.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3601

20 DCMR § 3602 LIHEAP – STATE PLAN DEVELOPMENT

3602.1 The Department shall annually develop and submit for approval to the US Department of Health and Human Services, or its successor, a State Plan that meets the requirements of the Low Income Energy Assistance Act of 1981, approved August 13, 1981 (95 Stat. 893; 42 U.S.C. §§ 8621 et seq.) and the implementing regulations in 45 C.F.R. §§ 96.1 through 96.68, and §§ 96.80 through 96.89.

3602.2 The Department shall adhere to the terms of the approved State Plan.

3602.3 For each fiscal year that the Program is administered, the Department shall publish notice of the draft State Plan in the D.C. Register and provide the public with notice and an opportunity to provide written comments.

3602.4 The Department shall publish the approved State Plan within one (1) calendar month of the date the State Plan is approved by the U.S. Department of Health and Human Services.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3602

20 DCMR § 3603 LIHEAP – APPLICATION PROCESS

3603.1 In order to be eligible to receive LIHEAP benefits, a person shall file an application with the Department.

3603.2 The Department shall prescribe, and provide a paper or electronic application to be signed by the applicant under penalty of perjury.

3603.3 An authorized representative may apply on behalf of an applicant if the applicant provides:

A written and signed statement stating why the applicant cannot complete an application without a representative; and

The name and address of the person authorized to act on the applicant’s behalf.

3603.4 If requested by an applicant with a disability, or the representative of a person with a disability authorized pursuant to § 3603.2, the Department shall assist the applicant or representative with the aspects of the application process necessary to ensure that the applicant with a disability has an equal opportunity to submit an application.

3603.5 The Department may also assist an applicant in the application process who is unable to apply for the benefit in person for a reason other than disability, including making a visit to an applicant’s home, if:

(a) The applicant is sixty-five (65) or older, infirm, or unable to travel; or

(b) The applicant’s residence is located in a building or complex of buildings that house many other likely applicants.

3603.6 As a condition of eligibility, each applicant shall sign:

Upon receipt of the notice of an applicant’s rights and responsibilities and the Department’s responsibilities, a statement acknowledging his/her receipt; and

A release form authorizing the Department to obtain or verify information necessary to process the application.

3603.7 Each applicant shall cooperate fully in establishing his or her eligibility, the nature of the need, and the extent of the need, each of which shall include providing documentation or other proof of:

(a) Household composition;

(b) Income; and

3603.8 The Department may obtain the information used in determining eligibility from a document, telephone conversation or interview for which notes are taken, data from another government agency or energy provider, or from internet data.

3603.9 The Department shall complete the eligibility and benefit determination in as short a time as possible after the date the Department receives a completed application, but not later than the standard identified in the State Plan, except that the following shall toll the deadline:

(a) An applicant’s failure to supply information to document facts stated in an application;

(b) An inability to contact an applicant after three (3) attempts;

(d) A failure to respond by a third party from whom the Department has requested information and over whom the Department has no control; or

(e) A delay in receipt of necessary information over which the Department has no control.

3603.10 If the Department determines that an applicant’s participation in an additional energy conservation or rebate program would assist an applicant in minimizing the need for a benefit, the Department may require that the applicant participate in an additional program.

3603.11 If an applicant is seeking an emergency benefit, as defined in this chapter, the Department shall take all reasonable steps necessary to process the application within the time period specified in the most recently approved State Plan.

3603.12 If an applicant is determined eligible for an emergency benefit or a regular benefit, as defined in this chapter, the Department shall provide the applicant with a LIHEAP Benefit Letter, which shall include:

(a) A clear statement of the benefit formula or the benefit matrix used to calculate the amount;

(b) A clear and detailed statement of the amount of the emergency or regular benefit for which the applicant has been determined eligible;

(c) Additional information or authorization needed from the applicant for the Department to proceed with the disbursement the benefit; and

(d) A clear and complete statement of the applicant’s right to appeal the eligibility or assistance determination through fair hearing and administrative review proceedings, including each deadline for requesting the appeal and the applicant’s procedural rights.

3603.13 The Department shall provide each applicant with notice of a determination.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3603

20 DCMR § 3604 LIHEAP – APPLICANTS

3604.1 One person dwelling in the applicant household, or a representative authorized pursuant to § 3603.3, may apply for assistance on behalf of the entire household.

3604.2 For the purposes of determining eligibility and a benefit amount, a person who lives in the household shall be included in the LIHEAP household.

3604.3 A person temporarily away from home due to employment, hospitalization, vacation, or a visit shall be considered to be living in the household.

3604.4 A minor child who is away at school is considered to be living in the household if he or she returns to the home:

(a) On a weekend during the school year;

(b) During a calendar holiday; or

3604.5 The Department shall determine the makeup of the household pursuant to the definition provided in 42 U.S.C. § 8622.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3604

20 DCMR § 3605 LIHEAP – ELIGIBILITY FOR A BENEFIT

3605.1 In order to be eligible for a Program benefit, each applicant household shall:

Be financially eligible, by meeting the annual income eligibility requirement of the State Plan;

Maintain a separate account, not included in the rent, for home energy service;

Not have exhausted the household’s regular or emergency benefit for the fiscal year; and

Reside in the District of Columbia.

3605.2 The applicant must be at least eighteen (18) years old or emancipated.

3605.3 A determination of financial eligibility shall be based on the gross annual income of the household, unless the applicant can provide sufficient evidence that the gross annual income is not an accurate representation of current income.

3605.4 In order to be eligible for emergency assistance from this Program, an applicant household shall:

(a) Satisfy the criteria of this section; and

(b) Meet the criteria for emergency assistance identified in the State Plan.

3605.5 Notwithstanding another provision of this section, a household with a credit on the energy utility account in excess of one thousand dollars ($1,000) at the time of application shall be deemed ineligible to receive a benefit for that utility account.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3605

20 DCMR § 3606 LIHEAP – AVAILABLE PROGRAM BENEFITS, BENEFIT LIMITS AND PROGRAM SUSPENSION

3606.1 The Department may provide a regular, emergency, or in-kind benefit.

3606.2 Except as otherwise provided in this chapter, an eligible household may not receive more than one (1) each per year of:

(a) A regular benefit; and

(b) An emergency benefit.

3606.3 The Department may limit a benefit for an eligible household to an emergency benefit if the Department has:

(a) Determined that available Program funds would likely be insufficient to pay all reasonably anticipated emergency benefits if regular benefits were to be paid; and

(b) Given notice to the public of the determination and limitation.

3606.4 Notwithstanding the provisions of Subsection 3606.2 the Department may provide an additional emergency benefit for a household if the Department has:

(a) Determined that, upon consideration of likely demands on the Program and Program resources, the Department will have sufficient funds available to pay the additional emergency benefit; and

(b) Given notice to the public of the availability of additional emergency benefits.

3606.5 If the Department determines that remaining funding may be insufficient to carry out the State Plan to the end of the fiscal year, the Department may:

Suspend the process of taking applications;

Suspend the process of awarding benefits; or

3606.6 The Department shall publish notice to the public as soon as practicable after making a decision to suspend or modify the benefit matrix, but not later than forty-five (45) days after the decision is made.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3606

20 DCMR § 3607 LIHEAP – PROGRAM BENEFIT CALCULATION AND PAYMENT

3607.1 The Department may allocate funds by giving a priority to, or setting a higher benefit level for, a projected category of household applicant with higher home energy costs or needs in relation to household income.

3607.2 The Department may consider the following factors to develop eligibility and benefit level criteria in the benefit matrix, so if all other factors are equal, a larger household with a lower income receives the highest benefit for heating and cooling assistance:

(a) Household size;

(b) Fuel type;

(d) Household income; and

(e) Whether the household has exceeded the energy service account credit threshold defined in § 3605.5.

3607.3 The Department shall publish in the D.C. Register for notice and comment:

(a) Benefit levels, including the formula or matrix that displays benefit amounts; and

(b) Each change to the matrix or formula.

3607.4 An applicant found eligible for a Program benefit shall also be considered eligible for in-kind assistance addressed in § 3608.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3607

20 DCMR § 3608 LIHEAP – IN-KIND ASSISTANCE BENEFIT

3608.1 No household shall be eligible to receive an in-kind assistance benefit unless the household meets the eligibility criteria in § 3605.

3608.2 Subject to available funding, the Department may provide a regular in-kind assistance benefit, as follows:

(a) The Department shall provide a cooling fan if the applicant:

(1) Has not been disconnected from electric service, but has an inoperable air conditioning unit; and

(2) (A) Is fifty-five (55) years of age or older;

(B) Has a documented medical condition; or

(3) A cooling fan is available in inventory.

(b) The Department shall provide an Energy Reduction Kit:

(1) If the applicant has not received an Energy Reduction Kit in the five (5) years preceding the date of application; and

(2) An Energy Reduction Kit is available in inventory.

3608.3 Subject to available funding, the Department may provide an emergency in-kind assistance benefit, as follows:

(a) The Department shall provide a portable heater and blanket if the household has been disconnected from gas service but has electric service;

(b) The Department shall provide a portable heater and blanket if the household has five percent (5%) or less of available capacity of home heating oil, but has electric service; and

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3608

20 DCMR § 3618 LIHEAP – VENDOR AGREEMENTS

3618.1 In order to be eligible to receive a LIHEAP benefit payment made by the Department on behalf of a customer, an energy vendor shall execute an agreement with the Department.

3618.2 A vendor agreement shall include the following requirements:

(a) The vendor’s use of a benefit payment to reduce a customer’s respective obligation;

(b) Procedures for the continuation, or resumption, of household energy service in return for the Department’s payment of a benefit to the vendor on behalf of the household;

(c) Provisions for Department access to relevant electronic account information for each applicant who authorizes Department access;

(d) Non-discrimination in customer service and provision of energy for a household by reason of payment of a benefit to the vendor on behalf of the household;

(e) An accounting, regular reporting, and return of funds erroneously paid to the vendor, or unspent for the benefit of an eligible household;

(f) Record-keeping for government audit purposes;

(g) Recognition of the federal and District anti-deficiency requirements applicable to the Department, pursuant to the Federal Anti-Deficiency Act (96 Stat. 923; 31 U.S.C. §§ 1341, 1342, 1349, 1351); and the District Anti-Deficiency Act, effective April 4, 2003 (D.C. Law 14-285; D.C. Official Code §§ 47- 355.01- 355.08); and

(h) Other measures that the Department determines are reasonably necessary for the stewardship of public funds.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3618

20 DCMR § 3619 LIHEAP – Denial, Reduction, or Revocation

3619.1 If an applicant is determined ineligible for a benefit, the Department shall provide a written notice of ineligibility, which shall include:

(a) A statement of the determination of ineligibility and an explanation of that determination;

(b) A statement of the action that the applicant must take, if any, to be found eligible;

(d) Notice of the applicant’s right to appeal the determination, as provided in § 3620.

3619.2 If the Department determines that a prior benefit decision was based on material error, falsity, misrepresentation, concealment, omission, or fraud, it shall:

Reopen the application;

Provide notice to the applicant of the Department’s final action or intended action, which shall include the information in § 3619.1;

Provide the applicant with a reasonable opportunity to respond;

Reduce, increase, suspend, or revoke an award of a benefit; and

Notify the energy vendor of a change to the benefit amount.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3619

20 DCMR § 3620 LIHEAP – Administrative Appeals

3620.1 Each applicant who is aggrieved by an action or inaction of the Department related to receipt of benefits under this program shall be entitled to a fair hearing with the District of Columbia Office of Administrative Hearings (OAH) or its successor in accordance with OAH Rules, 1 DCMR §§ 2800 et seq. and Public Benefits Cases Regulations, 1 DCMR §§ 2970 et seq.

3620.2 The applicant shall have ninety (90) calendar days following receipt of a notice of eligibility, in whole or in part, to request a fair hearing.

3620.3 Upon receipt of a fair hearing request, the Department shall offer the appellant or his or her authorized representative an opportunity for review of the benefit determination.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3620

20 DCMR § 3699 Definitions

3699.1 When used in this chapter, the following terms shall have the meanings ascribed:

Applicant – the individual who is applying for energy assistance for his or her own needs or the needs of those in the household.

Benefit matrix – the grid that displays eligible regular benefit amounts as determined by fuel type, household size, income level, and other factors identified in the State Plan.

Emergency benefit – a payment of a benefit based on the determination that a household has been disconnected from energy service or the household’s home heating oil is at five percent (5%) or less of capacity.

Day – a calendar day, unless stated otherwise.

Department – the Department of Energy and Environment.

District – the District of Columbia.

Household – an individual or group of individuals who are living together as one (1) economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent, in accordance with Section 8622(5) of the Low Income Home Energy Assistance Act of 1981, approved August 13, 1981 (95 Stat. 894; 42 U.S.C. § 8622(5)).

LIHEAP – Low Income Home Energy Assistance Program.

Program – Low Income Home Energy Assistance Program.

Program benefit – a Regular benefit or an Emergency benefit.

Publish – present to the public, including by making a printed copy available for examination or distribution, printing in a newspaper or magazine, distributing by e-mail, or posting on a website.

Regular benefit – a payment of a benefit based on a determination that the eligible household qualifies for a benefit using the criteria and algorithm of the LIHEAP benefits matrix excluding any benefits paid pursuant to the LIHEAP Heat and Eat program as authorized by Section 5083 of the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code § 4–261.03).

State Plan – the application that is submitted annually to the Secretary of the U.S. Department of Health and Human Services as required under federal law for the receipt and use of federal LIHEAP funds.

Written – "In writing", “writing”, or "written", denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostat, fax, photography, word processing computer output, and e-mail. A "signed" writing includes an electronic symbol or process attached to, or logically associated with, a writing, and executed or adopted by a person with the intent to sign the writing.

History

SOURCE: Final Rulemaking published at 63 DCR 13408 (October 28, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 3699

20-37 CUSTOMER ASSISTANCE PROGRAMS ELIGIBILITY DETERMINATIONS

20 DCMR § 3700 CUSTOMER ASSISTANCE PROGRAMS

3700.1 This chapter sets forth the process and appeal procedures for the Department’s determination of income eligibility for the CRIAC portion of DC Water’s Customer Assistance Program (CAP) and Customer Assistance Program II (CAP2), and for the Department’s Customer Assistance Program III (CAP3).

3700.2 This chapter also sets forth the Department’s eligibility criteria for the CRIAC benefits under the CAP2 and CAP3 programs.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Environment 20 DCMR § 3700

20 DCMR § 3701 APPLICATION PROCESS

3701.1 In order for the Department to determine the financial eligibility of an applicant to receive CAP, CAP2, or CAP3 benefits, a person shall file an application with the Department.

The Department shall prescribe the form of the application to be filed, and provide either a paper or electronic application, which shall be signed by the applicant. The application shall state that the making of a false statement in the application, or the signing of the application with knowledge that facts stated in the application are not true, carries criminal penalties in accordance with Section 404 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2405).

An authorized representative may apply on behalf of an applicant if the applicant provides:

A written and signed statement stating why the applicant cannot complete an application without a representative; and

The name and address of the person authorized to act on the applicant’s behalf.

If requested by an applicant with a disability, or the representative of a person with a disability authorized pursuant to § 3701.3, the Department may assist the applicant or representative with the aspects of the application process necessary to ensure that the applicant with a disability has an equal opportunity to submit an application.

The Department may also assist an applicant in the application process who is unable to apply for the benefit in person for a reason other than disability, including making a visit to an applicant’s home, if:

The applicant is sixty-five (65) or older, infirm, or unable to travel; or

The applicant’s residence is located in a building or complex of buildings that house many other likely applicants.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Environment 20 DCMR § 3701

20 DCMR § 3702 ELIGIBILITY

In order to be eligible for a benefit, the applicant household shall:

Be financially eligible, by meeting the following annual income eligibility requirements:

For participation in the CRIAC portion of CAP, the income requirements established at 21 DCMR § 4102.1 (a)(2), which are that the applicant’s annual household income is below sixty percent (60%) of the State Median Income (SMI) for the District of Columbia;

For participation in the CRIAC portion of CAP2, the income requirements established at 21 DCMR § 4102.2 (a)(2) for water and sewer bill benefits, which are that the applicant’s annual household income is at or above sixty percent (60%) of the SMI for the District of Columbia and at or below eighty percent (80%) of the Area Median Income (AMI) for the District of Columbia not capped by the United States median low income limit (USLIL); and

For participation in CAP3, the applicant’s annual household income is above eighty percent (80%) of the AMI for the District of Columbia not capped by the USLIL and at or below one-hundred percent (100%) of the AMI for the District of Columbia; and

(b) Be responsible for payment of DC Water’s water and sewer services bill or the CRIAC; and

3702.2 The applicant must be at least eighteen (18) years old or emancipated.

A determination of financial eligibility shall be based on the adjusted gross income of the household, unless the applicant can provide sufficient evidence that the adjusted gross income is not an accurate representation of current income.

As a condition of eligibility, each applicant shall sign a release, or provide electronic acknowledgement, authorizing the Department to obtain or verify information necessary to process the application or for reporting purposes.

Each applicant shall cooperate fully in establishing his or her eligibility, the nature of the need, and the extent of the need, each of which shall include providing documentation or other proof of:

Household composition;

Income; and

Any additional information that the Department may require.

The Department may obtain the information used in determining eligibility from:

(a) A document;

(b) A telephone conversation or interview for which notes are taken;

(d) Internet data; and

(e) Other relevant sources.

The eligibility and benefit determination will be completed within thirty (30) days after the Department receives a completed application, or, in the event of an unexpected or extenuating circumstance that affects the Department, such as a natural disaster, as promptly thereafter as possible, except that the following shall toll the timeline:

An applicant’s failure to supply information to document facts stated in an application;

An inability to contact an applicant after three (3) attempts;

Evidence of misrepresentation in an application;

A failure to respond by a third party from whom the Department has requested information and over whom the Department has no control; or

A delay in receipt of necessary information over which the Department has no control.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Environment 20 DCMR § 3702

20 DCMR § 3703 BENEFITS

BENEFITS

Benefits for CAP and CAP2 will be provided in accordance with the provisions of 21 DCMR § 4102.

Households eligible for CAP3 shall receive seventy-five percent (75%) off of the monthly billed CRIAC, subject to the availability of funds.

CAP3 benefits will be applied through a credit on the DC assessed water and sewer bill after the Department transfers funds to DC Water for this purpose.

The benefits shall be applied for the entire fiscal year (October 1 – September 30) in which the application was submitted, based on the availability of funds.

Nothing in this chapter shall be interpreted to mean that a CAP2 or CAP3 benefit provided to eligible households by the Department is an entitlement, continuing or otherwise.

If the Department determines that remaining available funds may be insufficient to provide benefits during a fiscal year, the Department may:

Suspend the process of taking applications;

Suspend the process of awarding benefits; or

Revise the level of benefits established by § 3703.2 to provide lower amounts.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Environment 20 DCMR § 3703

20 DCMR § 3704 DENIAL, REDUCTION, OR REVOCATION OF BENEFITS

Denial, REDUCTION, or Revocation OF BENEFITS

If an applicant is determined ineligible for the CAP, CAP2, or CAP3 program, the Department will provide to the applicant notice of ineligibility, to include:

A statement of the determination of ineligibility and an explanation of that determination;

A statement of the action that the applicant must take, if any, to be found eligible; and

Notice of the applicant’s right to appeal the determination, as provided in § 3705.

If the Department determines that a prior eligibility decision for the CAP, CAP2, or CAP3 program was based on material error, falsity, misrepresentation, concealment, omission, or fraud, the Department will:

Reopen the application;

Inform the applicant of the Department’s final action or intended action;

Provide the applicant with a reasonable opportunity to respond; and

Revise or revoke the determination of eligibility.

3704.3 The applicant shall not have a right to appeal a reduction, suspension, or revocation of the benefit based on a lack of available funding.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Environment 20 DCMR § 3704

20 DCMR § 3705 ADMINISTRATIVE APPEALS

Administrative Appeals

3705.1 With respect to a matter governed by §§ 3701 to 3704 of this chapter, an applicant adversely affected or aggrieved by an action of the Department may file a written appeal to the Director of the Department, or the Director’s designee, stating the basis of the appeal, and providing any information or material that would support a change to the Department’s action. The appeal must be filed within thirty (30) calendar days after receipt of the notice of the action.

3705.2 The decision of the Director or the Director’s designee upon appeal shall become the final action of the Department. An applicant may seek review of that decision with, and request a hearing before, the Office of Administrative Hearings (OAH) within thirty (30) days of the Department’s action. Prehearing practice and the conduct of the hearing shall be in accordance with the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.) and the regulations set forth at Title 1, Chapter 28 of the District of Columbia Municipal Regulations.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Environment 20 DCMR § 3705

20 DCMR § 3799 DEFINITIONS

3799.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

CAP – DC Water’s Customer Assistance Program that provides eligible single-family and individually-metered residential customers exemptions from their billed water and sewer service charges, Payment-in-Lieu of Taxes and Right-of-Way fees, and credits towards their billed CRIAC charges for applicants that the Department determines to be eligible in accordance with 21 DCMR § 4102.1.

CAP2 – DC Water’s and DOEE’s expanded Customer Assistance Program that provides eligible single family and individually-metered residential customers exemptions from their billed water and sewer service charges and credits towards their billed CRIAC charges for applicants that the Department determines to be eligible in accordance with 21 DCMR

§ 4102.2.

CAP3 – The Department’s expanded Customer Assistance Program that provides eligible single-family and individually metered DC Water residential customers credits towards their billed water and sewer services and CRIAC charges that the Department determines to be eligible in accordance with § 3702 of this chapter.

DC Water - the District of Columbia Water and Sewer Authority.

Department – the District of Columbia Department of Energy and Environment.

History

SOURCE: Final Rulemaking published at 66 DCR 12966 (October 4, 2019). District of Columbia Municipal Regulations Environment 20 DCMR § 3799

20-38 LEAD PIPE REPLACEMENT ASSISTANCE PROGRAM ELIGIBILITY DETERMINATIONS

20 DCMR § 3800 LEAD PIPE REPLACEMENT ASSISTANCE PROGRAM

3800.1 The Department adopts these regulations to implement the requirements of the lead water service line replacement payment assistance program (LPRAP) under Section 6019b of the Act (D.C. Official Code § 34-2159).

History

SOURCE: Final Rulemaking published at 67 DCR 2597 (March 6, 2020); as amended by Final Rulemaking published at 72 DCR 008203 (July 25, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3800

20 DCMR § 3801 APPLICATION PROCESS

3801.1 To allow the Department to determine the eligibility of an applicant to receive LPRAP assistance, District residential property owners shall file an application with the Department.

For a single-family property owned by one (1) person, that property owner must complete and submit an application.

For a single-family property owned by multiple persons, at least one (1) of the property owners must complete and submit an application.

For a multi-family property, a primary point of contact shall be designated by the authorizing authority or their designee to act on behalf of the property owner(s) and that primary point of contact shall complete and submit a single application on behalf of the authorizing authority.

3801.2 The Department shall prescribe the form of the application to be filed, and provide either a paper or electronic application, which shall be signed by the applicant. The application shall state that the making of a false statement in the application, or the signing of the application with knowledge that facts stated in the application are not true, carries criminal penalties in accordance with Section 404 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2405).

3801.3 An authorized representative may apply on behalf of an applicant if the applicant provides:

(a) A written and signed statement stating why the applicant cannot complete an application without a representative; and

(b) The name and address of the person authorized to act on the applicant’s behalf.

3801.4 If requested by an applicant with a disability, or the representative of a person with a disability authorized pursuant to § 3801.3, the Department may assist the applicant or representative with the aspects of the application process necessary to ensure that the applicant with a disability has an equal opportunity to submit an application.

3801.5 The Department may assist with an application for an applicant who is unable to apply for the benefit in person for a reason other than disability, including making a visit to an applicant’s home, if:

(a) The applicant is sixty-five (65) or older, infirm, or unable to travel; or

(b) The applicant’s residence is located in a building or complex of buildings that house many other likely applicants.

History

SOURCE: Final Rulemaking published at 67 DCR 2597 (March 6, 2020); as amended by Final Rulemaking published at 72 DCR 008203 (July 25, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3801

20 DCMR § 3802 ELIGIBILITY

3802.1 To be eligible for an LPRAP benefit, the applicant or applicants shall:

Submit an application as specified in § 3801.1 for a residential property in the District of Columbia that has an eligible portion of the lead water service line;

If the applicant seeks eligibility to receive one hundred percent (100%) replacement cost benefit rather than the standard fifty percent (50%) benefit, show that they meet the following criteria:

(1) At least one (1) property owner meets the income criteria for financial eligibility established under Section 6019b(b)(1)(A)(i) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(i)); or

(2) At least one (1) tenant meets the District or federal housing program participation criteria for financial eligibility established under Section 6019b(b)(1)(A)(ii) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(ii)); and

Seek assistance for the eligible portion of a lead water service line for program relief under Section 6019b(k) of the Act (D.C. Official Code § 34-2159(k)) as provided in §§ 3802.3 and .4.

3802.2 Pursuant to § 3802.1(c), upon receipt of an application, the Department shall check the best available lead water service line data to preliminarily determine whether the applicant’s property contains the eligible portion of the lead water service line, as defined in Section 6019b of the Act (D.C. Official Code § 34-2159).

3802.3 A residential property owner(s) is eligible to receive assistance if the portion of the water service line on private property and/or the portion in public space remaining after a partial lead service line replacement is confirmed to be a lead water service line as defined in Section 6019a(d) of the Act (D.C. Official Code § 34-2158(d)).

3802.4 The material of the water service line shall be confirmed to be a lead water service line based on:

Information on DC Water’s Water Service Information Map (available at https://geo.dcwater.com/leadmap/) designates the water service pipe material as “verified lead” on private property and/or the portion in public space remaining after a partial lead service line replacement;

Information provided by the residential property owner or a primary point of contact for their property confirms water service pipe material located on private property and/or the portion in public space remaining after a partial lead service line replacement is a lead water service line;

Information otherwise available to the Department confirms water service pipe material located on private property and/or the portion in public space remaining after a partial lead service line replacement is a lead water service line; or

The property owner’s contractor completed a test pit and confirmed confirms water service pipe material located on private property and/or the portion in public space remaining after a partial lead water service line replacement is a lead water service line.

3802.5 For a single-family property, if the applicant seeks the one hundred percent (100%) replacement cost benefit rather than the standard fifty percent (50%) benefit, the Department shall determine the financial eligibility based on documentation demonstrating:

Current tenant participation in a District or federal housing program; or

The gross income of the household; provided, that if a member of the household is self-employed, the determination of financial eligibility shall be based on adjusted gross income, which shall apply to the overall household income in accordance with tax filing status.

3802.6 For a multi-family property, if the applicant seeks the one hundred percent (100%) replacement cost benefit rather than the standard fifty percent (50%) benefit, the Department shall determine the financial eligibility based on documentation demonstrating that either:

(a) At least one (1) property owner meets the income criteria for financial eligibility established under Section 6019b(b)(1)(A)(i) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(i)), applying the gross-income standard articulated in § 3802.4(b); or

(b) At least one (1) tenant meets the District or federal housing program participation criteria for financial eligibility established under Section 6019b(b)(1)(A)(ii) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(ii))

3802.7 As a condition of eligibility, each applicant shall sign a release, or provide electronic acknowledgement, that authorizes the Department to obtain or verify information necessary to process the application or for reporting purposes.

3802.8 Each applicant shall cooperate fully in establishing eligibility by providing documentation or other proof of:

Property ownership by the applicant for the property to be benefited; and

Additional information that the Department may require that is relevant to establishing eligibility.

3802.9 In addition to the requirements of § 3802.6-.7, each applicant seeking to establish household income eligibility under Section 6019b(b)(1)(A)(i) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(i)) shall cooperate fully in establishing financial eligibility by providing documentation or other proof of:

(a) Household composition; and

(b) Household income.

3802.10 The Department may obtain the information used in determining eligibility from any relevant sources.

3802.11 The Department shall complete the eligibility and benefit determination within thirty (30) days after it receives a completed application, or, in the event of an unexpected or extenuating circumstance that affects the Department, such as a natural disaster, as promptly thereafter as possible, except that the following shall toll the timeline:

(a) An applicant’s failure to supply information to document facts stated in an application;

(b) The Department’s inability to make contact with an applicant after three (3) attempts;

(d) A failure to respond by a third party from whom the Department has requested necessary information and over whom the Department has no control; or

(e) A delay in receipt of necessary information over which the Department has no control.

3802.12 The Department shall notify the applicant of the eligibility and benefit determination in accordance with Section 6019b of the Act (D.C. Official Code § 34-2159).

3802.13 If the lead pipe replacement is not completed within ninety (90) days from the date of approval or before the end of the fiscal year in which the application was approved, whichever occurs first, the Department may require the applicant to provide updated proof of eligibility to receive benefits.

History

SOURCE: Final Rulemaking published at 67 DCR 2597 (March 6, 2020); as amended by Final Rulemaking published at 72 DCR 008203 (July 25, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3802

20 DCMR § 3803 BENEFITS

3803.1 Benefits for LPRAP will be provided in accordance with Section 6019b of the Act (D.C. Official Code § 34-2159).

3803.2 For purposes of providing LPRAP benefits in accordance with Section 6019b of the Act (D.C. Official Code § 34-2159), a District residential property owner is considered to “elect to replace the ‘eligible portion of the lead water service line’” by the submission of an application to DOEE for assistance under the Program, regardless of whether it is later determined by a test pit or alternative testing methods that the public and private water service lines do not qualify as an “eligible portion of the lead water service line,” as defined in Section 6019b of the Act.

3803.3 An LPRAP benefit is:

(a) A one-time benefit per eligible District residential property;

(b) Provided only after the Department determines eligibility as described in § 3802; and

3803.4 An LPRAP benefit will conclude without a water service line replacement if, following the digging of the necessary test pit or alternative testing method, it is determined that the water service lines do not meet the criteria of an “eligible portion of the lead water service line” as defined in Section 6019b(k) of the Act (D.C. Official Code § 34-2159(k)).

3803.5 The project costs shall be in accordance with the following:

(a) The reasonable caps on replacement costs by type of work shall be equal to:

(1) One thousand nine hundred dollars ($1,900) for mobilization and demobilization work for a test pit or alternative testing method where no lead is found;

(2) Four thousand nine hundred dollars ($4,900) for mobilization, demobilization, location of curb stop, backfill, restoration, penetration, and allowance for a partial lead service line where the length of the lead portion is eleven (11) linear feet or less;

(3) Two thousand five hundred dollars ($2,500) for mobilization, demobilization, location of curb stop, backfill, restoration, penetration, and allowance for a partial lead service line where the length of the lead portion is more than eleven (11) linear feet and, as applicable:

(A) Two hundred twenty dollars ($220) per foot of one inch (1”) pipe to be replaced;

(B) Two hundred sixty-five dollars ($265) per foot of one and one-quarters inch (1.25”) pipe to be replaced;

(D) Four hundred dollars ($400) per foot of one and three-quarters inch (1.75”) pipe to be replaced;

(E) Four hundred eighty dollars ($480) per foot of two inch (2”) pipe to be replaced; and

(4) Six hundred dollars ($600) for the curb stop and curb stop box installation where the curb stop cannot be located or a new curb stop is otherwise deemed necessary.

(b) Additional costs for permits, inspectors, restoration, and industry adjustments will be approved on a case-by-case basis.

3803.6 Prior to the approval of an application with estimated replacement costs that exceed the relevant caps, the applicant may be required to submit either:

(a) A signed statement by the applicant acknowledging that, subject to Subsection 3803.4(b), costs that exceed the relevant caps will not be covered by the Department under LPRAP discounts and will be the sole responsibility of the applicant; or

(b) An additional quote for further consideration.

3803.7 For applicants receiving assistance under Section 6019b(b)(1)(A) of the Act (D.C. Official Code § 34-2159(b)(1)(A)), the Department shall pay one hundred percent (100%) of the actual replacement costs.

3803.8 For applicants receiving assistance under Section 6019b(b)(1)(C) of the Act (D.C. Official Code § 34-2159(b)(1)(C)), the Department shall pay fifty percent (50%) of the overall replacement costs, up to two thousand five hundred dollars ($2,500).

3803.9 If the Department determines that remaining available funds may be insufficient to provide relief during a fiscal year, the Department may:

(a) Suspend the process of taking new applications; or

(b) Suspend the process of awarding new assistance in accordance with Section 6019b(d)(3) of the Act (D.C. Official Code § 34-2159(d)(3)).

History

SOURCE: Final Rulemaking published at 67 DCR 2597 (March 6, 2020); as amended by Final Rulemaking published at 72 DCR 008203 (July 25, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3803

20 DCMR § 3804 DENIAL, REDUCTION, OR REVOCATION OF BENEFITS

3804.1 If an applicant is determined ineligible for LPRAP, the Department will provide to the applicant notice of ineligibility, to include:

(a) A statement of the determination of ineligibility and an explanation of that determination;

(b) A statement of the action that the applicant must take, if any, to be found eligible; and

3804.2 If the Department determines that a prior eligibility decision for LPRAP was based on material error, falsity, misrepresentation, concealment, omission, or fraud, the Department will:

(a) Reopen the application;

(b) Inform the applicant of the Department’s final action or intended action;

(d) Revise or revoke the determination of eligibility.

3804.3 The applicant shall not have a right to appeal a reduction, suspension, or revocation of the benefit based on a lack of available funding.

History

SOURCE: Final Rulemaking published at 67 DCR 2597 (March 6, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 3804

20 DCMR § 3805 ADMINISTRATIVE APPEALS

3805.1 With respect to a matter governed by §§ 3801 to 3804 of this chapter, an applicant adversely affected or aggrieved by an action of the Department may file a written appeal to the Director of the Department, or the Director’s designee, stating the basis of the appeal, and providing any information or material that would support a change to the Department’s action. The appeal must be filed within thirty (30) calendar days after receipt of the notice of the action.

3805.2 The decision of the Director or the Director’s designee upon appeal shall become the final action of the Department. An applicant may seek review of that decision with, and request a hearing before, the Office of Administrative Hearings (OAH) within thirty (30) days of the Department’s action. Prehearing practice and the conduct of the hearing shall be in accordance with the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.) and the regulations set forth at Title 1, Chapter 28 of the District of Columbia Municipal Regulations.

History

SOURCE: Final Rulemaking published at 67 DCR 2597 (March 6, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 3805

20 DCMR § 3899 DEFINITIONS

3899.1 When used in this chapter, the following words and phrases shall have the meanings ascribed:

Act – the Lead Service Line Priority Replacement Assistance Act of 2004, effective March 13, 2019 (D.C. Law 22-241; D.C. Official Code § 34-2159).

Authorizing Authority – the owner(s) or the party that the building owner(s) or homeowner(s) of a multi-family property have authorized to act on their behalf for purposes of the LPRAP, such as the building management for a cooperative housing association or condominium building.

DC Water – the District of Columbia Water and Sewer Authority.

Department – the District of Columbia Department of Energy and Environment.

Eligible portion of the lead service line – the portion of the lead water service line located on private property and/or any portion of the lead water service line remaining on public property after a partial lead service line replacement.

LPRAP – The Lead Pipe Replacement Assistance Program that provides eligible households with assistance for the replacement of partial lead service lines on private property and is administered by DC Water and the Department.

Multi-Family Property – a residential property (such as an apartment, condominium, or cooperative housing association) used for domestic purposes, with two or more single-family, apartment, condominium, or cooperative housing association residential dwelling units.

Partial Lead Service Line – the lead water service line that remains after a partial replacement where a portion or all of the lead water service line in public space is replaced with a nonlead water service line from the watermain to the property line.

Replacement Costs – exploratory, construction, and restoration costs incurred under the LPRAP.

History

SOURCE: Final Rulemaking published at 67 DCR 2597 (March 6, 2020); as amended by Final Rulemaking published at 72 DCR 008203 (July 25, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 3899

20-39 BATTERY STEWARDSHIP

20 DCMR § 3900 REQUIREMENTS FOR BATTERY STEWARDSHIP ORGANIZATIONS

3900.1 A battery stewardship organization (BSO) shall:

(a) On or before January 1, 2023, submit a proposed battery stewardship plan that meets the requirements of § 3902.1;

(b) Fully implement the plan, and any amendment to the plan, as approved by the Department of Energy and Environment (DOEE), no later than ninety (90) days after receiving DOEE approval;

(c) Maintain a public website, updated at least monthly, that lists all producers and producers' brands covered by the BSO’s approved battery stewardship plan;

(d) Cover all costs for administration of the battery stewardship plan, public education programs about the plan, and battery collection, transportation, recycling, other processing, and end-of-life handling;

(e) On or before January 1 of each year, register with DOEE using an agency prepared registration form;

(f) On or before June 1 of each year starting in 2024, submit an annual report that meets the requirements of § 3903;

(g) If an annual report indicates that the BSO did not meet a performance goal, submit a proposed amendment to the battery stewardship plan as specified in § 3903.4;

(h) Every two (2) years, on the anniversary of the approval of the initial battery stewardship plan, submit amended performance goals to DOEE for approval based on the implementation of the program during the prior two (2) years, and the economic and technical feasibility of achieving continuous, meaningful progress to improve the rate of battery recycling in the District as of the time of the update;

(i) Four (4) years after the date the initial battery stewardship plan is approved, hire an independent third party to assess the battery stewardship plan and implementation of the plan, and submit the results of the assessment and recommendations to improve the plan as specified in § 3903.5; and

(j) For any product exemption claimed pursuant to § 3901.2, notify the product producer if a battery producer that obtained the exemption is no longer a member of the BSO.

3900.2 If DOEE rejects an initial plan or proposed plan amendment or revision, the BSO shall submit an amended plan with the required corrections or revisions within forty-five (45) days of the date of the DOEE notice of rejection or required revision.

3900.3 For a battery collection site designated under an approved plan, the BSO shall:

(a) Provide a safety tutorial on how to safely manage batteries and require that the collection site personnel responsible for the collection program complete the safety tutorial:

(1) Before the site begins to operate as a collection site under the approved plan; and

(2) When there is a change in responsible collection site personnel;

(b) Ensure that the collection site prominently displays the availability of drop-off at its location; and

(c) Ensure that the collection site provides for the acceptance of up to one hundred (100) batteries per visit and accepts all primary and rechargeable batteries regardless of type or brand.

3900.4 Any end-of-life handling used by a BSO shall be in accordance with practices set forth in an approved battery stewardship plan or amendment to the plan.

History

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 3900

20 DCMR § 3901 REQUIREMENTS FOR PRODUCERS

3901.1 A producer of a covered battery or covered battery-containing product sold or offered for sale in the District of Columbia, including retail, wholesale, business-to-business, and online sales, shall:

(a) Be a member of a BSO; and

(b) As part of a BSO, implement a battery collection program as set forth in an approved battery stewardship plan.

3901.2 A product that contains or is packaged with a primary or rechargeable battery is not a battery-containing product under this chapter if each battery producer of any primary or rechargeable battery that is contained in the product or packaged with the product at the time of sale:

(a) Is a member of a BSO that has an approved battery stewardship plan; and

(b) Has provided a written certification containing the following information to the BSO of which the battery producer is a member:

(1) The name of the battery producer submitting the certification;

(2) The brand name, product name, and other identifying information for the product that contains or is packaged with the producer’s battery;

(3) The name, mailing address, and email address of the product producer;

(4) The brand name, product name, and other identifying information for the primary or rechargeable battery or batteries in or packaged with the product; and

(5) Documentation that the battery producer provided a written certification of the battery producer’s membership in the BSO to the product producer.

3901.3 A battery producer that provides its BSO with a certification meeting the requirements in § 3901.2 shall notify the BSO if it stops supplying primary or rechargeable batteries for the product that is the subject of the certification.

3901.4 If the product producer changes the batteries contained in or packaged with the product to primary or rechargeable batteries of a different producer, the product producer shall notify the BSO, and the product is not exempt under this section unless and until the new battery producer complies with § 3901.2.

History

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 3901

20 DCMR § 3902 BATTERY STEWARDSHIP PLAN

3902.1 A proposed battery stewardship plan shall include:

(a) A list of producers and brands, including:

(1) The name of each BSO member and the name, mailing address, phone number, and email address of a contact for each BSO member;

(2) The brands of batteries and battery-containing products covered by the battery stewardship plan; and

(3) A description, including brand name, product name, producer name, and other identifying information, of products that will be exempt under § 3901.2 when the proposed battery stewardship plan is approved;

(b) An anticipated annual budget for the plan’s implementation that:

(1) Covers the first partial calendar year, if any, of battery stewardship plan implementation and the first full calendar year of implementation following any partial year;

(2) Lists separate line items for the following categories:

Battery stewardship plan administration costs;

Collection costs;

Transportation costs;

Disposition costs, including separate line items for the cost of recycling, other processing, and end-of-life handling; and

Communication costs, which shall have the same meaning as public education program costs used in § 3900.1(d) and public education and outreach program costs used in § 3903.3(k)(1);

(3) Describes the financing method used to implement the battery stewardship plan, identifies funding for staff responsible for implementing the battery stewardship plan in the District, and includes DOEE administration fees established by § 3907; and

(4) Does not include legal fees or costs related to legislative efforts;

(1) Include metrics to measure, on an annual basis, the performance of the plan, taking into consideration technical feasibility and economic practicality, in achieving continuous, meaningful progress to improve the rate of battery recycling in the District;

(2) Cover each of the first three (3) full calendar years of battery stewardship plan implementation;

(3) Discuss how the BSO will address performance goals during the first partial calendar year, if any, of battery stewardship plan implementation;

(4) Are in the form of target collection rates, target recycling efficiencies by battery recycling process, and measurable goals for public awareness, convenience, and accessibility;

(5) With respect to target collection rates, are based on the estimated total weight, calculated according to § 3904, of primary and rechargeable batteries, including batteries contained in or sold with battery-containing products, that are sold in the District in the previous three (3) calendar years by the BSO members;

(6) With respect to goals for recycling efficiencies by battery recycling process:

(A) Include a method for calculating recycling efficiency; and

(B) Provide target recycling efficiencies by battery recycling process;

(7) With respect to goals for public awareness:

(A) Increase the percentage of people in the District who know how to recycle primary and rechargeable batteries through stewardship plan collection sites; and

(B) Include measures to evaluate progress in increasing public awareness in the District, such as advertising and media impressions and social media engagement; and

(8) With respect to goals for convenience and accessibility, include metrics to evaluate:

(A) The proximity of collection sites to residents in all eight (8) District wards;

(B) The extent to which collection sites across the District are open to the public, including the hours and days that collection sites are open and whether there are any limitations on public entry;

(D) The availability and effectiveness of any mail-back or other program proposed under § 3902.3;

(d) A description and explanation of the BSO’s proposed battery collection program, including:

(1) How the BSO will provide for the collection from consumers of all primary and rechargeable batteries, including batteries contained in or sold with battery-containing products, on a free, regular, convenient, and accessible basis;

(2) How the BSO will meet the following requirements:

(A) At least one (1) collection site per ten thousand (10,000) people in the District;

(B) A reasonable geographic spread of collection sites across all eight (8) District wards that takes into account accessibility to public transit and areas where people would seek to recycle batteries;

(C) Safe and legal collection, handling, and shipment of batteries by the collection sites, including ensuring that each collection site is aware of and adheres to applicable laws and regulations and safety practices for the collection, handling, and shipment of batteries; and

(D) How the BSO will ensure each collection site has the materials and equipment necessary to handle up to one hundred (100) batteries per visit and has established a regular pick-up schedule to prevent overflow issues at the site;

(3) A reasonable timetable for achieving the requirements of § 3902.1(d)(2)(A) and (B), if these requirements will not be met within the first year of implementation;

(4) A process for decommissioning collection sites, so that if a site closes, any batteries collected until the closure will be shipped to the proper facilities for recycling as specified in § 3902.1(e), on-site signage about the availability of drop-off will be removed, and the site will be removed from the public list of collection sites as specified in § 3902.5; and

(5) How the battery stewardship organization will develop strategies, in consultation with DOEE and other relevant parties, for collecting primary and rechargeable batteries in areas and communities that face environmental justice challenges associated with waste management.

(e) A description of how the BSO will arrange for components of the discarded batteries to be recycled to the maximum extent economically and technically feasible, in a manner that is environmentally sound and safe for waste management workers, including:

(1) The recycling process to be used for each type of battery chemistry that the BSO anticipates collecting;

(2) The criteria for how the BSO will evaluate the economic and technical feasibility of recycling the components of discarded batteries, and the environmental and safety records of recycling facilities that will be used to implement the plan;

(3) How the BSO applied the criteria in § 3902.1(e)(2) to select the recycling facilities;

(4) How the BSO will conduct any end-of-life handling, including management and disposal of batteries or battery components that cannot be recycled, in accordance with applicable law; and

(5) A description of the periodic sorting that will be used to provide the estimate required by § 3903.3(e)(4);

(f) A list of all key participants in the battery collection program, including:

(1) For each collection site accepting batteries under the plan:

(A) Site name;

(B) Physical address of the site;

(D) If available, the name and email address of a contact person at the site and the website for the site or parent company;

(2) For each transporter or contractor collecting batteries from the collection sites:

(A) Company name;

(B) Name of a contact person;

(D) Email address and phone number for the contact person; and

(E) Company website, if available;

(3) For any facility that processes the collected batteries or components of the collected batteries, including recycling facilities or any end-of-life handling facilities:

(A) Company name;

(B) Physical address of the facility;

(D) Email address and phone number for the contact person;

(E) A summary of the facility’s role in processing the collected batteries or components of the collected batteries;

(F) The environmental compliance summary specified in § 3902.2;

(G) Company website, if available; and

(H) A list of all solid or hazardous waste registrations or permits applicable to the facility that pertain to the processing of batteries or components of batteries at the facility’s location; and

(g) A description of the education and outreach the BSO will use to inform consumers about the battery collection program, including:

(1) At a minimum, how the education and outreach will notify the public:

(A) That there is a free collection program for primary and rechargeable batteries;

(B) About requirements and any guidelines for safe collection of batteries;

(D) How to access the battery collection program;

(2) How the BSO will:

Identify target audiences and appropriate outreach for those audiences, including through television or radio, news media, public service announcements, mailings, emails, online listservs, social media, and District newsletters;

Determine the frequency of education and outreach campaigns and activities to ensure the public is continually educated; and

Conduct sufficient outreach to assess optimal collection site locations to enhance participation in the program;

(3) How the BSO will distribute educational materials to sellers of primary and rechargeable batteries and battery-containing products, government agencies and nonprofit organizations in the District, and all collection sites describing collection opportunities under the battery stewardship plan; and

(4) Examples of the type of outreach and education materials the BSO plans to provide to the public and to the entities listed in § 3902.1(g)(3).

3902.2 The summary referenced in §§ 3902.1(f)(3)(F) and 3903.3(j)(2)(F) shall list any environmental violation or alleged environmental violation in which:

(a) The date of the violation or alleged violation was within the past three (3) years; and

(b) There is a pending administrative or judicial enforcement action or claim, a fine was paid or a settlement reached, or there is a court order requiring payment of a fine or injunctive relief.

3902.3 The BSO may include in its proposed plan a description of a mail-back option or other option to supplement the collection sites in its battery collection program to increase convenience and accessibility.

3902.4 DOEE may require that a BSO submitting a battery stewardship plan include additional information or data needed to implement the Act or this chapter.

3902.5 The BSO may add or remove a collection site from the approved battery stewardship plan at any time by updating the public list of collection sites on its website, provided that the minimum number of collection sites and geographic spread required by § 3902.1(d)(2)(A) and (B) and the approved stewardship plan are maintained.

3902.6 The BSO shall notify DOEE within thirty (30) days of any change to identified participants in the battery collection program under § 3902.1(f)(2) and (3).

History

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 3902

20 DCMR § 3903 ANNUAL REPORTING

3903.1 A BSO shall submit an annual report to DOEE on or before June 1 each year starting in 2024.

3903.2 The annual report shall cover the previous calendar year, except where § 3903.3 specifies a different time period.

3903.3 The annual report shall include the following:

(a) Name, mailing address, phone number, and email address of the contact for the BSO as of the date of report submission;

(b) Names of the BSO members;

(d) A description, including brand name, product name, producer name, and other identifying information, of products exempted under § 3901.2;

(e) Weight of the batteries collected by the BSO under the battery stewardship plan:

(1) In total;

(2) By collection site, to the extent feasible;

(3) By chemistry type of primary and rechargeable batteries, to the extent feasible; and

(4) As estimated from periodic sorting, the percentage of collected batteries that are from producers who are not BSO members;

(f) Estimated total sales, by weight calculated in accordance with § 3904, of primary and rechargeable batteries, including batteries contained in or sold with battery-containing products, that are sold in the District by BSO members, to the extent feasible for each of the previous three (3) calendar years;

(g) A description of the progress made toward meeting approved program performance goals, including:

(1) A summary of how program implementation compared to performance goals;

(2) An explanation of why performance goals were not met, if applicable; and

(3) An evaluation of the effectiveness of methods and processes used to achieve the performance goals and how methods and processes can be improved;

(h) A description of the collection sites, including:

(1) For each collection site, the site name, the physical address of the site, the phone number of the site, the website for the site or parent company, and, if available, the name and email address of a contact person at the site;

(2) A list of any collection sites added or removed from the program;

(3) A map indicating the location of all collection sites in the District;

(4) An assessment of collection convenience and accessibility; and

(5) A discussion of any challenges faced by collection sites and proposed solutions;

(i) Information regarding education and outreach under the battery stewardship plan, including:

(1) A description of the educational materials that support implementation of the battery stewardship plan, including examples of the materials;

(2) A description of the specific education and outreach conducted, including the specific activities described under § 3902.1(g), outreach for the program in general, and outreach for specific collection sites; and

(3) An evaluation of the success of the education and outreach effort and how it can be improved;

(j) A description of how the batteries collected under the battery stewardship plan were sorted, consolidated, managed, and processed, including:

(1) The manner in which the collected batteries were recycled, including weight and chemistry of material recycled;

(2) For each facility that processed the collected batteries or components of the collected batteries, including recycling facilities or any end-of-life handling facilities:

(A) Company name;

(B) Physical address of the facility;

(D) Email address and phone number for the contact person;

(E) A summary of the facility’s role in processing the collected batteries or components of the collected batteries;

(F) The environmental compliance summary specified in § 3902.2;

(G) Company website, if available; and

(H) A list of all solid or hazardous waste registrations or permits applicable to the facility that pertain to the processing of batteries or components of the batteries at the facility’s location;

(3) A discussion of recycling efficiency rates; and

(4) Any end-of-life handling the BSO used;

(k) The costs of implementation of the battery stewardship plan, including:

(1) Separate line items showing the costs of administration of the battery stewardship plan, public education and outreach programs about the plan, and battery collection, transportation, recycling, other processing, and end-of-life handling; and

(2) The BSO shall explain any significant differences between the actual amount spent and the budgeted amount listed in the battery stewardship plan or a previous annual report; and

(l) An anticipated budget for the next calendar year.

3903.4 If an annual report indicates the BSO has not met a performance goal proposed and approved under § 3902.1(c) or § 3900.1(h), that annual report shall also include a proposed plan amendment for the BSO to conduct more outreach, provide additional education materials, or improve collection accessibility as needed.

3903.5 The annual report submitted five (5) full calendar years after initial approval of the battery stewardship plan shall include:

(a) The results of an independent third-party assessment of the battery stewardship plan and implementation of the plan that examines the effectiveness of the battery stewardship plan in collecting and recycling batteries and compares the cost-effectiveness of the plan to that of collection plans or programs for batteries in other jurisdictions; and

(b) Recommendations to improve the plan.

History

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 3903

20 DCMR § 3904 CALCULATION OF WEIGHT

3904.1 In estimating weight under §§ 3900.1(h), 3902.1(c)(5), and 3903.3(f), the BSO shall calculate weight by one (1) of the following methods:

(a) Using District sales data; or

(b) Multiplying the weight sold nationally by the quotient of the District’s population divided by the national population.

3904.2 A BSO shall use the most recent data provided by the United States Census Bureau for the calculation in § 3904.1(b).

History

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 3904

20 DCMR § 3905 RECORDKEEPING

3905.1 A BSO shall maintain, for three (3) years, records used to:

(a) Document exemptions under § 3901.2;

(b) Prepare battery stewardship plans pursuant to § 3902;

(d) Prepare annual reports pursuant to § 3903.

3905.2 The BSO shall provide or make available to DOEE for inspection any record, including reports, electronic records, certifications, or any other document, that is required to be maintained by § 3905.1.

History

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 3905

20 DCMR § 3906 ENFORCEMENT

3906.1 DOEE may enforce the requirements of the Act or this chapter by issuing one or more of the following:

(a) Notice of violation; or

(b) Notice of infraction.

3906.2 DOEE may issue a notice of infraction without first issuing a notice of violation.

3906.3 A person issued a notice of infraction may request a hearing or adjudication pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.01 et seq.) and the Office of Administrative Hearings rules (1 DCMR § 2800 et seq.).

History

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 3906

20 DCMR § 3907 ADMINISTRATIVE FEE

3907.1 On or before May 1, 2023, and annually thereafter, a BSO implementing an approved battery stewardship plan shall pay a fee of forty thousand dollars ($40,000).

3907.2 After May 1, 2023, DOEE shall annually adjust the fee in § 3907.1 for inflation, using the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Bureau of Labor Statistics. To perform this adjustment, DOEE shall increase each fee by the percentage, if any, by which the CPI-U for February of the calendar year exceeds the CPI-U for February of the previous calendar year. Each inflation adjustment shall be posted to DOEE’s website.

History

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 3907

20 DCMR § 3999 DEFINITIONS

3999.1 When used in this chapter, the following words or phrases shall have the meaning described below (some of the definitions were codified in the Act, indicated as [Statutory], and are reprinted below for regulatory efficiency):

Act – Section 2(q) of the Zero Waste Omnibus Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8-771.01 et seq.).

Battery – a device that consists of one (1) or more electrically connected electrochemical cells and is designed to store and deliver electric energy. [Statutory]

Battery Stewardship Organization or BSO – an organization registered under § 3900.1(e).

Brand – a trademark, including both a registered and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered battery or covered battery-containing product, and identifies the owner or licensee of the brand. [Statutory]

Collection rate – a percentage, by weight, that a BSO collects that is calculated by dividing the total weight of primary and rechargeable batteries collected during a calendar year by the average annual weight of primary and rechargeable batteries that were estimated to have been sold in the District by all producers participating in an approved battery stewardship plan during the previous three (3) calendar years.

Covered battery-containing product – a new or unused battery-containing product. [Statutory]

DOEE – Department of Energy and Environment.

District – District of Columbia.

Member – an entity that participates in a BSO.

Person – an individual, firm, partnership, company, corporation, nonprofit corporation, trust, association, organization, or any other private or governmental entity.

Performance goal – a metric proposed in a battery stewardship plan to measure, on an annual basis, the performance of that plan, taking into consideration technical feasibility and economic practicality, in achieving continuous, meaningful progress to improve the rate of battery recycling in the District. The term "performance goal" includes target collection rates, target recycling efficiencies by battery recycling process, and goals for public awareness, convenience, and accessibility. [Statutory]

Primary battery – a non-rechargeable battery that weighs 4.4 pounds (2 kilograms) or less, including alkaline, carbon-zinc, and lithium metal batteries. [Statutory]

Rechargeable battery – a battery that contains one or more voltaic or galvanic cells, electrically connected to produce electric energy, designed to be recharged, that weighs less than 11 pounds (5 kilograms) and has a Watt-hour rating of no more than 300 watt-hours. The term "rechargeable battery" does not include:

(A) A battery that contains electrolyte as a free liquid, or

(B) A battery that employs lead-acid technology, unless that battery is sealed and contains no free liquid electrolyte. [Statutory]

Recycling – the series of activities, including separation, collection, and processing, through which materials are recovered or otherwise diverted from the solid waste stream for use as raw materials or in the manufacture of products other than fuel. [Statutory]

Regular – available for battery collection on a recurring basis at fixed days and times unless the entity serving as a collection site is not open for operations.

History

SOURCE: Final Rulemaking published at 69 DCR 015526 (December 30, 2022). District of Columbia Municipal Regulations Environment 20 DCMR § 3999

20-40 PAINT STEWARDSHIP

20 DCMR § 4000 PURPOSE

4000.1 The purpose of this chapter is to implement the Paint Stewardship Act of 2014 (D.C. Law 20-205; D.C. Official Code §§ 8-233.01 et seq.) to create a producer responsibility program for paint in the District.

History

SOURCE: Final Rulemaking published at 63 DCR 9657 (July 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4000

20 DCMR § 4001 PRODUCER PAINT STEWARDSHIP PLAN

4001.1 By April 1, 2016, a producer of paint sold at retail in the District, or a representative organization in which the producer is a member, shall submit a paint stewardship plan for the establishment of a paint stewardship program to the Department for approval that, in addition to the requirements outlined in the Act, includes:

(a) A program budget; and

(b) A policy regarding financial reserves.

4001.2 A producer of paint sold at retail in the District, or a representative organization in which the producer is a member, shall submit a modified paint stewardship plan if, at any time:

(a) The producer or representative organization makes a change to the paint stewardship assessment that was approved by the Department as part of the paint stewardship plan;

(b) The producer or representative organization makes a change to the types of postconsumer paint that will be collected by the stewardship organization under the paint stewardship plan; or

(c) The producer or representative organization makes a change to the goals that were approved by the Department as part of the paint stewardship plan.

History

SOURCE: Final Rulemaking published at 63 DCR 9657 (July 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4001

20 DCMR § 4002 ANNUAL REPORTING REQUIREMENTS

4002.1 On or before October 1, 2017, and annually thereafter, a producer or representative organization shall submit to the Department a paint stewardship program report for the previous calendar year that, in addition to the requirements outlined in the Act, includes:

A description of how each consumer of paint in the District had an opportunity to recycle and properly manage their postconsumer paint, including the number, location, and type of collection points located in the District;

(b) A description of best management practices followed by collection points that shall include any training that the manufacturer or stewardship organization provided or required of collection points to ensure proper collection and management of postconsumer paint;

(1) The name and corporate address of each processor that manages the postconsumer paint under the program; and

(2) The name and corporate address of each transporter of postconsumer paint that is collected under the program;

(d) A description of the total cost of implementing the program that includes the following:

The assessment amount per container;

The total volume of paint sold in the District during the preceding reporting period;

The total cost of the program;

The cost per gallon of the program during the prior year;

The total cost of educational information provided to consumers and as a percentage of the total program cost;

The total cost of transportation and processing and as a percentage of the total program cost;

The total cost of program administration and as a percentage of the total program cost; and

The total amount of surplus funding, if any;

(e) A description of the methodology used to calculate the volume of paint sold and collected in §§ 4002.1(d)(2) and (d)(4), indicating any changes from prior years in the methodology;

(f) An operating budget for the program for the next calendar year;

(g) A description of the coordination of the paint stewardship program with existing local household hazardous waste collection programs; and

(h) A description of qualitative goals and activities based on the paint stewardship plan achievement during the reporting period, any adjustments to goals stated in the approved paint stewardship plan that may be made for the upcoming reporting period and accompanying rationale for those changes.

History

SOURCE: Final Rulemaking published at 63 DCR 9657 (July 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4002

20 DCMR § 4003 COLLECTION OF POSTCONSUMER PAINT

4003.1 Postconsumer paint may be accepted at any collection location if all of the following conditions are met:

(a) The collection location operates pursuant to a contract with a producer or representative organization that has submitted a paint stewardship plan approved by the Department, pursuant to the Act;

(b) The collection location manages the postconsumer paint in accordance with District and federal laws and regulations;

(c) Oil-based paint received at the collection location is non-RCRA hazardous waste, or otherwise exempt, or is not otherwise regulated under District and federal laws and regulations and received from either:

(1) A household; or

(2) A conditionally exempt small quantity generator; and

(d) Oil-based paint received at the collection location is in liquid form and in its original packaging, or is in a closed container that is properly labeled.

History

SOURCE: Final Rulemaking published at 63 DCR 9657 (July 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4003

20 DCMR § 4004 Enforcement

4004.1 Violation of any of the requirements of this chapter or the Paint Stewardship Act of 2014 (D.C. Law 20-205; D.C. Official Code §§ 8-233.01 et seq.), shall subject a person to the penalties set forth in this section.

4004.2 The Department may enforce a violation of this chapter by issuing one or more of the following:

(a) Notice of violation; or

(b) Notice of infraction.

4004.3 The Department may issue a notice of infraction without first issuing a notice of violation or threatened violation.

4004.4 Sanctions, including civil fines and penalties, may be imposed pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.).

4004.5 The Department may also initiate a civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of this chapter.

4004.6 Each instance or day of a violation of each provision of this chapter shall be a separate violation.

History

SOURCE: Final Rulemaking published at 63 DCR 9657 (July 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4004

20 DCMR § 4005 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

4005.1 A person adversely affected by an enforcement action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and requesting a hearing before, the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01 et seq.), or OAH’s successor.

4005.2 The appeal to OAH shall be filed in writing within fifteen (15) calendar days of service, or twenty (20) calendar days if service is made by United States mail.

4005.3 The Department may toll a period for filing an administrative appeal with OAH if it does so explicitly in writing before the period expires.

4005.4 OAH shall:

(a) Resolve a notice of infraction by:

(1) Affirming, modifying, or setting aside the Department’s action complained of, in whole or in part;

(2) Remanding for Department action or further proceedings, consistent with OAH’s order; or

(3) Providing such other relief as the governing statutes, regulations, and rules support;

(b) Act with the same jurisdiction, power, and authority as the Department may have for the matter currently before OAH; and

4005.5 The filing of an administrative appeal shall not in itself stay enforcement of an action, except that a person may request a stay according to the rules of OAH.

4005.6 The burden of production in an appeal of an action of the Department shall be allocated to the person who appeals the action, except that it shall be allocated:

(a) To the party who asserts an affirmative defense; and

(b) To the party who asserts an exception to the requirements or prohibitions of a statute or rule.

4005.7 The final OAH decision on an administrative appeal shall thereafter constitute the final, reviewable action of the Department, and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.

4005.8 Nothing in this chapter shall be interpreted to:

(a) Provide that a filing of a petition for judicial review stays enforcement of an action; or

(b) Prohibit a person from requesting a stay of the OAH proceedings according to the rules of the court.

History

SOURCE: Final Rulemaking published at 63 DCR 9657 (July 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4005

20 DCMR § 4006 Fees

4006.1 On or before December 31, 2016, a producer or representative organization shall pay an initial fee of fifty thousand dollars ($50,000) for submission of a proposed paint stewardship plan.

4006.2 On or before December 31, 2017 and annually thereafter, a producer or representative organization implementing a paint stewardship plan shall pay a fee of twenty six thousand dollars ($26,000).

4006.3 Beginning in 2019, fees charged by the Department may be adjusted annually based on the change in the Consumer Price Index value published by the U.S. Department of Labor for all-urban consumers.

History

SOURCE: Final Rulemaking published at 63 DCR 9657 (July 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4006

20 DCMR § 4099 Definitions

4099.1 When used in this chapter, the following terms shall have the meanings ascribed (some of the definitions were codified in the Act, indicated as [Statutory], and are reprinted below for regulatory efficiency):

Act - the Paint Stewardship Act of 2014, effective March 11, 2015 (D.C. Law 20-205; D.C. Official Code §§ 8-233.01 et seq.).

Conditionally Exempt Small Quantity Generator – a generator defined by the RCRA regulations in 40 C.F.R. Part 261, promulgated by the United States Environmental Protection Agency.

Distributor - a company that has a contractual relationship with one or more producers to market and sell paint to retailers in the District. [Statutory]

Environmentally sound management practices - procedures for the collection, storage, transportation, reuse, recycling, and disposal of paint, to be implemented by the producer, representative organization, or their contracted partners to ensure compliance with applicable federal and District laws and regulations and to protect human health and the environment. These procedures shall address adequate record keeping, tracking, and documenting the fate of materials, and adequate environmental liability coverage for professional services and for the contractors working on behalf of the producer or representative organization. [Statutory]

Household – a residential dwelling, including single and multiple residences.

Paint - interior and exterior architectural coatings sold in containers of five (5) gallons or less and does not mean industrial, original equipment, or specialty coatings. [Statutory]

Paint stewardship assessment - the amount added to the purchase price of paint sold in the District necessary to cover the paint stewardship program's cost of collecting, transporting, and processing the postconsumer paint District-wide. [Statutory]

Person – an individual, firm, partnership, company, corporation, nonprofit corporation, trust, association, organization, or any other private or governmental entity.

Postconsumer paint - paint not used and no longer wanted by a purchaser. [Statutory]

Producer - a manufacturer of paint who sells, offers for sale, or distributes that paint in the District under the producer's own name or brand. The term "producer" does not include a retailer that adds tint, colorant, or other additives to paint at the retail location. [Statutory]

RCRA - Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 et seq.

Recycling - a process by which discarded products, components, and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity but does not include energy recovery or energy generation by means of incineration or combustion of discarded products, components, and by-products with or without other waste products. [Statutory]

Representative organization - a nonprofit organization created by producers to implement a paint stewardship plan required by D.C. Official Code § 8-233.02. [Statutory]

Retailer - a person or entity that offers paint for sale at retail in the District. [Statutory]

Reuse - the return of a product into the economic stream for use in the same kind of application as originally intended, without a change in the product's identity. [Statutory]

Sell or sale - any transfer of title for consideration including remote sales conducted through sales outlets, catalogs, or electronic means. [Statutory]

History

SOURCE: Final Rulemaking published at 63 DCR 9657 (July 22, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4099

20-41 ELECTRONICS STEWARDSHIP

20 DCMR § 4100 REQUIREMENTS FOR ELECTRONIC MANUFACTURERS

4100.1 The rules in this chapter apply to manufacturers, partnerships, and representative organizations, as defined in § 4199.1.

4100.2 A manufacturer that sells less than one hundred (100) covered electronic equipment units in the District in the most recent calendar year shall:

(a) Be exempt from labeling covered electronic equipment with a readily visible brand identifying the manufacturer;

(b) Be exempt from submitting an application for registration, pursuant to D.C. Official Code § 8-1041.03(b);

(c) By October 1 of each year, request a determination from the Department that the manufacturer qualifies for an exemption described in this subsection. The request shall be on a form prescribed by the Department, and include:

(1) Relevant manufacturer contact information;

(2) A list of brand names sold by the manufacturer in the District; and

(3) Any other information needed for the Department to determine whether the applicant qualifies for the exemption; and

(d) Be exempt from paying an annual registration fee as specified in D.C. Official Code § 8-1041.04(a)(1) and from fulfilling the responsibilities listed in D.C. Official Code § 8-1041.05(a)-(f) as specified in D.C. Official Code § 8-1041.05(g).

4100.3 When submitting an annual exemption form the applicant shall calculate the units of covered electronic equipment sold in the District by:

(a) Using District sales data; or

(b) Multiplying the units of covered electronic equipment sold nationally with the quotient of the District’s population divided by the national population. Populations shall be estimated by using the most recent estimates provided by the United States Census Bureau.

4100.4 When submitting an annual registration application or ensuring compliance with an applicant’s minimum collection share, the applicant shall calculate the weight and units of covered electronic equipment sold in the District by:

(a) Using District sales data; or

(b) Multiplying the weight or units of covered electronic equipment sold nationally with the quotient of the District’s population divided by the national population. Populations shall be estimated by using the most recent estimates provided by the United States Census Bureau.

4100.5 [REPEALED].

4100.6 Registration submitted in accordance with D.C. Official Code § 8-1041.03 shall be on a form prescribed by the Department.

4100.7 When a representative organization submits an implementation plan to the Department according to D.C. Official Code § 8-1041.03(b)(9), the applicant shall calculate the market share percentage of each manufacturer in the representative organization by:

(a) Using District sales data; or

(b) Multiplying the weight of covered electronic equipment sold nationally with the quotient of the District’s population divided by the national population. Populations shall be estimated by using the most recent estimates provided by the United States Census Bureau.

4100.8 Registration applicants shall include data on covered electronic equipment sold in the District as follows:

(a) Total number of units and weight, and

(b) Number of units and weight by category of covered electronic equipment.

4100.9 An applicant that collected and recycled covered electronic equipment in the previous calendar year shall include the contact information of the electronic recyclers used.

4100.10 The Department may require a manufacturer submitting a registration application to include additional information or data needed to implement the Act or this chapter.

4100.11 [REPEALED].

4100.12 If more than one person is a manufacturer of a covered electronic equipment unit, any such person may assume the registration obligations of the Act or this chapter, however, if no such person assumes responsibility for the registration obligations, any and all such persons may be considered jointly and severally responsible for the registration obligations.

4100.13 In accordance with D.C. Official Code § 8-1041.07, the Department shall publish on its website a list of approved covered electronic equipment disposal methods.

History

SOURCE: Final Rulemaking published at 63 DCR 14119 (November 18, 2016); as amended by Final Rulemaking published at 70 DCR 015857 (December 15, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4100

20 DCMR § 4101 ELECTRONIC MANUFACTURER RECORDKEEPING

4101.1 Manufacturers shall maintain records used to prepare annual applications for registration, pursuant to D.C. Official Code § 8-1041.03(b), or exemption, pursuant to § 4100.2, for three (3) years.

4101.2 The Department may inspect, request, and obtain from a manufacturer any record, including reports, electronic records, or any other document, that is subject to § 4101.1.

History

SOURCE: Final Rulemaking published at 63 DCR 14119 (November 18, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4101

20 DCMR § 4102 REGISTRATION AND SHORTFALL FEES

4102.1 Manufacturers, representative organizations, and partnership organizations shall include the following registration fee when submitting an annual registration application:

(a) For an individual manufacturer that sold at least one hundred (100) units but less than two hundred and fifty (250) units of covered electronic equipment in the District in the previous calendar year, the individual manufacturer’s application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee of seven hundred and fifty dollars ($750);

(b) For an individual manufacturer that sold two hundred and fifty (250) or more units of covered electronic equipment in the District in the previous calendar year, the individual manufacturer’s application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee of two thousand six hundred and fifty dollars ($2,650);

(c) A representative organization’s application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a base registration fee of fifteen thousand dollars ($15,000) for the first registrant and an additional two thousand two hundred dollars ($2,200) for each additional manufacturer in the representative organization.

(d) A partnership’s application for registration under D.C. Official Code § 8-1041.03 shall be accompanied by a registration fee of two thousand four hundred and fifty dollars ($2,450) for every manufacturer that sold two hundred and fifty or more units of covered electronic equipment in the District in the previous calendar year and seven hundred dollars ($700) for every manufacturer that sold at least one hundred (100) units but less than two hundred and fifty (250) units of covered electronic equipment in the District in the previous calendar year.

4102.2 (a) If a manufacturer or partnership that has properly submitted an application

for registration did not comply with D.C. Official Code § 8-1041.05(a)(1) or (2) in the calendar year prior to the calendar year the registration is due, the application for registration under § 8-1041.03 shall be accompanied by a shortfall fee determined by the following:

(A / B) x 100% = C

where:

A = The weight of covered electronic equipment, in pounds, the manufacturer or partnership collected in the District and recycled or reused in the calendar year prior to the calendar year the registration is due;

B = The minimum collection share, in pounds, for the manufacturer or partnership in the calendar year prior to the calendar year the registration is due; and

C = The percentage of the minimum collection share achieved.

(b) If C is greater than or equal to 90% but less than 100%, the shortfall fee is (B-A)*$0.30;

(d) If C is less than 50%, the shortfall fee is (B-A)*$0.50.

4102.3 The Department shall adjust the fees in this section for inflation annually, using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics. To perform this adjustment, the Department shall increase each fee by the percentage, if any, by which the Urban Consumer Price Index for June of the calendar year exceeds the Urban Consumer Price Index for June of the previous calendar year. Each inflation adjustment shall be posted to the Department’s website.

4102.4 If a manufacturer or partnership counts the collection of a single item of covered electronic equipment as twice its weight when that item is donated free of charge for reuse to the District’s public or charter schools, to public or charter schools in counties adjoining the District, or to any nonprofit organization with a principal mission of assisting low-income children or families per D.C. Official Code § 8-1041.05(b)(2), the Department may request from the manufacturer or partnership:

(a) Documentation of the donation, which shall include the recipient’s written acceptance of the donation on a form stating that the covered electronic equipment is:

(1) No more than three (3) years old; and

(2) In full working condition;

(b) The name and address of the recipient school or organization; and

4102.5 Representative organizations meeting the convenient collection service for District residents, small nonprofit organizations, and small businesses shall:

On a quarterly basis, submit collection data to the Department, including weight of covered electronic equipment collected and the numbers of individuals, small nonprofit organizations, and small businesses that brought covered electronic equipment to each permanent publicly accessible collection site and collection event.

Conduct public outreach and awareness activities, in keeping with each representative organization’s implementation plan, to ensure that District residents, small nonprofit organizations, and small businesses, including those in underserved communities, are aware of the availability and location of collection sites and events.

Follow the Department’s operating guidelines for permanent drop-off sites.

History

SOURCE: Final Rulemaking published at 63 DCR 14119 (November 18, 2016); as amended by Final Rulemaking published at 67 DCR 13127 (November 6, 2020); as amended by Final Rulemaking published at 69 DCR 006055 (May 27, 2022); as amended by Final Rulemaking published at 70 DCR 015857 (December 15, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4102

20 DCMR § 4103 Enforcement

4103.1 Violation of any of the requirements of this chapter or the Act shall subject a person to the penalties set forth in Title 16 (Consumers, Commercial Practices, and Civil Infractions), Chapter 40 of the District of Columbia Municipal Regulations.

4103.2 The Department may enforce a violation of this chapter or the Act by issuing one or more of the following:

(a) Notice of violation; or

(b) Notice of infraction.

4103.3 The Department may issue a notice of infraction without first issuing a notice of violation or threatened violation.

4103.3 Each instance or day of a violation of each provision of this chapter shall be a separate violation.

History

SOURCE: Final Rulemaking published at 63 DCR 14119 (November 18, 2016). District of Columbia Municipal Regulations Environment 20 DCMR § 4103

20 DCMR § 4104 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 14119 (November 18, 2016); as amended by Final Rulemaking published at 70 DCR 015857 (December 15, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4104

20 DCMR § 4105 MODIFICATION OF REGISTRATION APPLICATIONS

4105.1 A manufacturer or its partnership or representative organization may request a modification in an approved application.

4105.2 A request to modify an approved application shall be submitted by mail or electronic mail.

4105.3 The Department shall approve or disapprove the application modification following the procedures and timeline set forth in D.C. Official Code § 8-1041.03(d)(1). In determining whether to approve or disapprove the application modification, the Department shall consider the factors listed in D.C. Official Code § 8-1041.03(d)(2).

History

SOURCE: Final Rulemaking published at 67 DCR 13127 (November 6, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 4105

20 DCMR § 4199 DEFINITIONS

4199.1 The following words or phrases shall have the meaning as described (some of the definitions were codified in the Act, indicated as [Statutory], and are reprinted below for regulatory efficiency):

Act - Title I, Subtitle B of the Sustainable Solid Waste Management Amendment Act of 2014, as amended (D.C. Law 20-154; D.C. Official Code §§ 8-1041.01 et seq.).

Brand - a manufacturer’s name, brand designation, make or model name or number, or other nomenclature by which covered electronic equipment is offered for sale by a manufacturer. [Statutory]

Computer - an electronic, magnetic, optical, electrochemical, or other high‐speed data processing device performing a logical, arithmetic, or storage function, including a laptop computer or other portable computer, desktop computer, and includes any cable, cord, or wiring permanently affixed to or incorporated into such product, and may include a computer central processing unit; but such term shall not include an automated typewriter or typesetter, a portable hand‐held calculator, server other than a small-scale server, or other similar device. Computer also means a small-scale server, portable digital music players that have memory capability and are battery-powered, or other similar devices.

Computer monitor and display devices - a separate visual display component that can be used with a computer, whether sold separately or together with a computer central processing unit, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing or other image projection technology, or other similar device, with a display greater than six inches when measured diagonally, and its case, interior wires and circuitry, and any cable cord or wiring permanently affixed thereto or incorporated into such product.

Computer peripheral - any device that is sold primarily for external use with a computer and that provides input into or output from a computer, including: electronic keyboards; electronic mouse or other pointing device; printers; multi-function imaging equipment containing printers, which does not weigh more than one hundred (100) pounds; speakers sold with computers; computer monitors and display devices; or other similar devices; and any cable, cord, or wiring permanently affixed to or incorporated into any such product.

Covered electronic equipment –

(a) The term “covered electronic equipment” means computers and computer peripherals, including keyboards, electronic pointing devices, printers, computer monitors and display devices, laptops or other portable computers, and portable digital music players that have memory capability and are battery-powered, televisions, and television peripherals.

(b) The term “covered electronic equipment” does not include a motor vehicle, part of a motor vehicle, or a component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; telephones of any type, including mobile telephones, a personal digital assistant, a global positioning system, or a hand-held gaming device, household appliances, or covered electronic equipment that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier, water heater, or exercise equipment, equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development, or commercial setting, security or anti-terrorism equipment, monitoring and control instrument or system, thermostat, hand-held transceiver, server other than a small-scale server, cash register or retail self-checkout system, stand-alone storage product intended for use in industrial, research and development, or commercial settings, medical equipment that contains a cathode ray tube, a flat panel display or similar video display device, and that is not separate from the larger piece of medical equipment, or other medical devices as defined under the Federal Food, Drug, and Cosmetic Act.

(c) The term “covered electronic equipment” also does not include equipment that is sold to the District government or the federal government.

Covered electronic equipment stewardship program - a recycling effort for covered electronic equipment established by a manufacturer, partnership, or representative organization. [Statutory]

Department - the Department of Energy and Environment or its successor agency.

Household - an individual or two (2) or more persons who reside together in a housing unit.

Laptop computer or other portable computer - a computer and display greater than six inches when measured diagonally that can be carried as one unit by an individual, including a laptop computer, tablet, e-reader, or other similar devices.

Manufacturer - a person who:

(A) Manufactures, imports, assembles, or substantially assembles covered electronic equipment for sale in the District by means of retail, wholesale, or electronic commerce, under its own or another brand name or label, or without affixing a brand name or label;

(B) Sells in the District by means of retail, wholesale, or electronic commerce, under its own brand name or label, covered electronic equipment produced by another person; or

(C) Owns a brand name or label that it licenses to another person for use on covered electronic equipment sold in the District by means of retail, wholesale, or electronic commerce. [Statutory]

Market share - the total pounds of covered electronic equipment sold by a manufacturer to District residents and businesses in the previous year divided by the total pounds of all covered electronic equipment sold to District residents and businesses in the previous calendar year. [Statutory]

Minimum collection share - the amount, in pounds, to be met or exceeded, of covered electronic equipment, as calculated under D.C. Official Code § 8-1041.05(b)(1), that a manufacturer shall collect and recycle, or arrange to be collected and recycled or reused.

Mobile telephone - a telephone that converts sound into multiple-access packets, including, but not limited to, Code-Division Multiple Access (CDMA), Global System for Mobile Communications (GSM), and fourth generation long term evolution (4G LTE or VoLTE), for transmission through a cellular network, which may be marketed as a phone, cellphone, mobile phone, or smartphone. A computer, including portable computer or tablet, that is capable of making calls through Voice over IP or VoIP is not a mobile phone.

Partnership - an organization of manufacturers created to work together to meet the total minimum collection shares of its member manufacturers under D.C. Official Code § 8-1041.05(a)(2). [Statutory]

Printer - a device using laser and LED (electrographic), ink jet, dot matrix, thermal, digital sublimation, or other print technologies that is designed to be placed on a desk or other work surface. This includes a multifunction or "all-in-one" device that, in addition to printing, performs one or more other operations such as copying, scanning, or faxing. Printer does not include a floor-standing printer, a printer with an optional floor stand, a point of sale (POS) receipt printer, a household calculator with printing capabilities or a label maker, a non-stand-alone printer that is embedded into a product other than a covered electronic equipment, or a device that weighs more than 100 pounds.

Representative organization - an organization created to provide convenient collection service to District residents under D.C. Official Code § 8-1041.05(a)(3) and to develop and oversee implementation of a District plan consisting of one or more covered electronic equipment stewardship programs in the District. A representative organization may also oversee plans in other jurisdictions. [Statutory]

Retailer - a person engaged in retail sales. [Statutory]

Reuse - a process by which covered electronic equipment or a component of covered electronic equipment is used for the same purpose for which it was originally purchased. [Statutory]

Sale or sold - any transfer of the absolute title to property for a certain agreed price, from a manufacturer or retailer, including transactions conducted through retail sales outlets, catalogs, mail, the telephone, the internet, or any electronic means; this includes the transfer of title of new products or used products that may have been refurbished by the manufacturer or a manufacturer-approved party, but does not include consumer-to-consumer second-hand transfer, the transfer of used covered electronic equipment, or a lease of covered electronic equipment.

Small business - a corporation, partnership, sole proprietorship, or other legal entity that:

(A) Is formed to make a profit;

(B) Is independently owned and operated;

(D) Procures covered electronic equipment through retail channels.

Small nonprofit organization - an organization or institution that:

(A) Is exempt from federal income tax under the provisions of 26 U.S.C. § 501(c)(3) and that meets the requirements of Chapter 4 of Title 29 of the D.C. Official Code;

(B) Is independently owned and operated;

(D) Procures covered electronic equipment through retail channels.

Small-scale server - a computer that typically uses desktop components in a desktop form factor, but is designed primarily to be a storage host for other computers and for an industry accepted operating system for home or low-end server applications. To be considered a small‐scale server, a computer must have the following characteristics: designed in a pedestal, tower, or other form factor similar to those of desktop computers such that all data processing, storage, and network interfacing is contained within one box or product; intended to be operational twenty four hours per day and seven days a week, and unscheduled downtime is extremely low, such as on the order of hours per year; and is capable of operating in a simultaneous multi‐user environment serving several users through networked client units.

Telephone - a commercially available electronic product whose primary purpose is to transmit and receive sound over a distance using a voice or data network.

Television - a display system containing a cathode ray tube, flat panel, or any other type of display primarily intended to receive video programming via broadcast, cable, or satellite transmission, and which has a display greater than six inches when measured diagonally.

Television peripheral - devices attached to and used in conjunction with televisions, including video cassette recorders (VCR), digital video recorders (DVR), digital video disc players (DVD), electronic or video game systems, signal converter boxes, cable receivers, satellite receivers, digital media receivers or set top boxes, or other similar devices, and includes any cable, cord, or wiring permanently affixed to or incorporated into any such product.

History

SOURCE: Final Rulemaking published at 63 DCR 14119 (November 18, 2016); as amended by Final Rulemaking published at 67 DCR 13127 (November 6, 2020); as amended by Final Rulemaking published at 70 DCR 015857 (December 15, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4199

20-42 HAZARDOUS WASTE MANAGEMENT - STANDARDS FOR THE MANAGEMENT OF HAZARDOUS WASTE AND USED OIL

20 DCMR § 4200 PURPOSE AND APPLICABILITY

4200.1 The District of Columbia Department of Energy and Environment (Department) adopts the Hazardous Waste Management Regulations, 20 DCMR chapters 42 and 43, to carry out:

(a) The District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1301 to 8-1314;

(b) Sections 2 and 3 of the Illegal Dumping Enforcement Act of 1994, D.C. Official Code §§ 8-901 and 8-902, as they pertain to hazardous waste; and

(c) Sections 6 and 7 of the District of Columbia Solid Waste Facility Permit Act of 1995, D.C. Official §§ 8-1055 and 8-1056, as they pertain to hazardous waste.

4200.2 Each person subject to regulation under this chapter shall also comply with all applicable provisions of chapter 43 of this title, pertaining to inspections, enforcement, and fees.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4200

20 DCMR § 4201 RULES OF INTERPRETATION FOR FEDERAL REGULATIONS INCORPORATED BY REFERENCE

4201.1 The Department’s Hazardous Waste Management Regulations incorporate by reference the federal Resource Conservation and Recovery Act regulations in 40 CFR Parts 260 through 266, 268, 270, 273, and 279, as well as the provisions of 40 CFR Part 124 pertaining to permits (hereafter collectively referred to as the "RCRA regulations"), promulgated by the United States Environmental Protection Agency (EPA).

4201.2 The incorporation by reference is subject to the general modifications in §§ 4200 through 4206 of this chapter, the corrections in Appendix A to this chapter, and the specific modifications found in §§ 4260 through 4279 of this chapter.

4201.3 Federal regulations that are incorporated by reference in chapters 42 and 43 of this title, or that are cross-referenced in the federal regulations that are incorporated by reference, include any District modifications to the federal regulations, such that whenever a District analog to a federal regulation is more stringent, broader, or different than the federal regulation, the District analog shall be substituted for the federal regulation.

4201.4 The following table shows the location of Department’s specific modifications to the RCRA regulations:

Federal Regulation

Subject Matter

District Regulation

40 CFR Part 260

Hazardous Waste Management

System: General Provisions

20 DCMR § 4260

40 CFR Part 261

Identification and Listing of

Hazardous Waste

20 DCMR § 4261

40 CFR Part 262

Standards Applicable to Generators

of Hazardous Waste

20 DCMR § 4262

40 CFR Part 263

Standards Applicable to Transporters of Hazardous Waste

20 DCMR § 4263

40 CFR Part 264

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

20 DCMR § 4264

40 CFR Part 265

Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

20 DCMR § 4265

40 CFR Part 266

Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

20 DCMR § 4266

40 CFR Part 268

Land Disposal Restrictions

20 DCMR § 4268

40 CFR Part 270

Hazardous Waste Permit Program

20 DCMR § 4270

40 CFR Part 124

Decision-Making Procedures for Hazardous Waste Permit Program

20 DCMR § 4271

40 CFR Part 273

Standards for Universal Waste Management

20 DCMR § 4273

40 CFR Part 279

Standards for the Management of Used Oil

20 DCMR § 4279

N/A

Inspections, Enforcement, and

Fee Schedule

20 DCMR chapter 43

4201.5 In the incorporation by reference of the RCRA regulations, for all instances in which the RCRA regulations contain a cross-reference to 40 CFR Parts 124, 260 through 266, 268, 270, 273, or 279, the federal cross-reference shall be replaced with the corresponding section in the District regulations shown in the table in § 4201.4.

4201.6 The incorporation by reference of the RCRA regulations excludes all site-specific provisions pertaining to Project XL (Excellence in Leadership) facilities located in other states.

4201.7 In the incorporation by reference of the RCRA regulations, for all instances in which the RCRA regulations refer to the availability and confidentiality of information submitted to EPA, the following applies:

(a) Any information provided to the Department under the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1301 through 8-1314, and the Hazardous Waste Management Regulations, 20 DCMR Chapters 42 and 43, shall be made available to the public to the extent and in the manner authorized by the District of Columbia Freedom of Information Act, D.C. Official Code §§ 2-531 to 2-540 (FOIA), and the rules implementing FOIA,1 DCMR Chapter 4;

(b) Any person submitting information to the Department pursuant to the Hazardous Waste Management Act or the Hazardous Waste Management Regulations may assert a claim of confidentiality covering part or all of the information by demonstrating to the Department that the information claimed to be confidential is exempt from public disclosure under FOIA, D.C. Official Code § 2-534(a). The Department will determine, in accordance with the criteria in § 2-534(a), whether and to what extent the information claimed to be confidential will be withheld from disclosure;

(c) Any claim of confidentiality shall be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, the Department may make the information available to the public without further notice;

(d) The Department will determine, in accordance with the FOIA criteria in D.C. Official Code § 2-534(a), whether and to what extent the information claimed to be confidential will be withheld from disclosure; and

(e) Claims of confidentiality shall not apply to the names and addresses of any permit applicants or permittees.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4201

20 DCMR § 4202 PROHIBITIONS SPECIFIC TO THE DISTRICT OF COLUMBIA

4202.1 Except as provided in § 4202.4, the prohibitions in this section supersede any provision to the contrary in the RCRA regulations.

4202.2 No person may dispose of, or permit or cause the disposal of, any hazardous waste or mixture of hazardous waste, used oil, or mixture of used oil into or upon any land or water, including groundwater, in the District of Columbia, nor into the District's wastewater system or storm water system, except in accordance with chapters 42 and 43 of this title, and the terms and conditions of any permit or approval issued by the District for the activity, facility, or site.

4202.3 The following activities are prohibited in the District of Columbia:

(a) Use of a surface impoundment to treat, store, or dispose of a hazardous waste or used oil;

(b) Use of waste piles to treat, store, or dispose of hazardous waste or used oil;

(d) Disposal of hazardous waste in landfills;

(e) Land disposal of hazardous waste or any mixture of hazardous waste and any other constituent, whether hazardous or not;

(f) Use of used oil for dust suppression;

(g) Use of waste or other material, contaminated or mixed with dioxin or any other hazardous waste, for dust suppression or road treatment;

(h) Burning, processing, or incineration of hazardous waste, hazardous waste fuels, or mixtures of hazardous wastes and other materials in any type of incinerator, boiler, or industrial furnace;

(i) Burning of used oil, whether on-specification or off-specification, including burning in space heaters and burning incidental to processing;

(j) Burning of wastes that meet the comparable fuel or synthesis gas (syngas) fuel specifications in 40 CFR § 261.38;

(k) Underground injection of hazardous waste; and

(l) Acceptance of hazardous waste at a solid waste facility.

4202.4 Notwithstanding the prohibition in § 4202.3(d) on the disposal of hazardous waste in landfills, hazardous waste management units that are unable to achieve clean closure shall be considered to be landfills and subject to the closure, post-closure, and financial assurance requirements for landfills, as specified in the RCRA regulations applicable to the unit in question.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4202

20 DCMR § 4203 DISTRICT-ONLY HAZARDOUS WASTES

4203.1 The Department may, in accordance with the criteria in 40 CFR § 261.11, through rulemaking, list a solid waste as a District-only hazardous waste upon determining that the solid waste is a hazardous waste.

4203.2 The Department may, through rulemaking, list classes or types of solid waste as District-only hazardous waste if the Department has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous.

4203.3 Wastes listed as District-only hazardous wastes shall be subject to regulation under chapters 42 and 43 of this title; except that the RCRA regulations applicable to the export and import of hazardous waste and trans-frontier shipments of hazardous wastes for recovery within the member countries of the Organization for Economic Cooperation and Development, incorporated by reference in this chapter, shall not apply to District-only hazardous wastes.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4203

20 DCMR § 4204 PROCEDURES FOR PROVIDING NOTIFICATION OF REGULATED WASTE ACTIVITY AND OBTAINING AN EPA IDENTIFICATION NUMBER

4204.1 Except as provided in § 4204.2, each person required by this chapter to comply with the notification requirements of 42 USC § 6930, and to obtain an EPA identification number shall do so by submitting to the Department a completed EPA Form 8700-12 (RCRA Subtitle C Identification Form).

4204.2 A transporter transporting hazardous waste in or through the District, and having its headquarters or principal place of business located outside of the District, shall provide notification of its regulated waste activity to, and obtain an EPA identification number from, the state in which its headquarters or principal place of business is located, if the state has an EPA-authorized RCRA Subtitle C program, or from the Administrator, as appropriate.

4204.3 The Department may grant a provisional EPA identification number to any generator who treats, stores, disposes of, transports, or offers for transportation hazardous waste no more than one (1) time in a calendar year.

4204.4 A provisional EPA identification number shall be valid for no more than thirty (30) days.

4204.5 The EPA identification number issued to a generator or transporter shall be deemed a permit to generate or transport hazardous waste in the District.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4204

20 DCMR § 4205 EMERGENCY AND RELEASE NOTIFICATION

4205.1 Notwithstanding any provision in the RCRA regulations to the contrary, whenever the RCRA regulations require that telephonic emergency or release notification be given to EPA, the U.S. Department of Transportation (USDOT), the National Response Center, or another federal agency, the person required to provide the notice shall, at the same time, provide telephonic notice to the District of Columbia Homeland Security and Emergency Management (HSEMA) at (202) 727-6161 and the Department of Energy and Environment (DOEE), Hazardous Waste Branch at (202) 535-2260.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4205

20 DCMR § 4206 RECORD-RETENTION AND REPORTING REQUIREMENTS

4206.1 Each generator of hazardous waste or used oil handler shall keep on-site all records required to be kept under chapters 42 and 43 of this title.

4206.2 Whenever the RCRA regulations in 40 CFR Parts 124, 260 through 266, 268, 270, 273, and 279 require that a document be sent to EPA, USDOT, or another federal agency, the person required to send the document to EPA, USDOT, or other federal agency shall, at the same time, send a copy to the Department's Hazardous Waste Division.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4206

20 DCMR § 4207 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4208 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4209 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4210 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4211 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4212 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4213 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4214 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4215 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4216 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4217 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4218 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4219 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4220 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4221 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4222 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4223 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4224 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4225 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4226 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4227 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4228 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4229 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4230 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4231 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4232 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4233 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4234 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4235 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4236 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4237 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4238 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4239 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4240 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4241 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4242 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4243 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4244 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4245 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4246 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4247 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4248 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4249 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4250 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4251 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4252 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4253 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4254 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4255 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4256 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4257 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4258 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4259 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL PROVISIONS

4260.1 The provisions of 40 C.F.R. Part 260 and Appendix I to Part 260 are subject to the specific modifications in this section.

4260.2 In 40 C.F.R. § 260.1, pertaining to the purpose, scope, and applicability of Part 260, the term "EPA" shall mean the United States Environmental Protection Agency.

4260.3 In 40 C.F.R. §§ 260.20 through 260.22, the term "Administrator" shall mean the Administrator of EPA. Within sixty (60) calendar days after a decision by the Administrator to grant a petition under 40 C.F.R. §§ 260.21 or 260.22, the Department shall take rulemaking action to propose the adoption of the federal regulatory amendment by reference in chapters 42 and 43 of this title.

4260.4 Except as provided in § 4260.3 for petitions for equivalent testing or analytic methods and petitions to amend 40 C.F.R. Part 261 to exclude a waste produced at a particular facility, any person may petition the Department to amend or repeal any provision in chapters 42 and 43 of this title. The following procedures shall apply to rulemaking petitions submitted to the Department:

(a) The petitioner shall include in the petition the information listed in 40 C.F.R. § 260.20(b); and

(b) In deciding whether to grant or deny the petition, the Department shall follow the procedures in 40 C.F.R. § 260.20(c) through (e), except that the Department shall publish tentative and final decisions as notices of proposed and final rulemaking in the D.C. Register.

4260.5 In 40 C.F.R. § 260.41, the term “Administrator” shall mean “District of Columbia Office of Administrative Hearings.”

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4260

20 DCMR § 4261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

4261.1 The provisions of 40 C.F.R. Part 261 and Appendices I through III and VII through IX to Part 261 are subject to the specific modifications in this section.

4261.2 In 40 C.F.R. § 261.1, the term "EPA" shall mean the United States Environmental Protection Agency.

4261.3 Hazardous wastes under 40 C.F.R. Part 261 are also hazardous wastes under:

(a) Section 3 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code § 8-1302(2);

(b) Section 2(a) of the Illegal Dumping Enforcement Amendment Act of 1998, D.C. Official Code § 8-901(2A); and

4261.4 In 40 C.F.R. § 261.2(d)(3), the term "Administrator" shall mean the Administrator of EPA.

4261.5 In 40 C.F.R. § 261.4(b)(10), the cross-reference to "part 280 of this chapter" shall refer instead to the District of Columbia Underground Storage Tank Regulations, 20 DCMR Chapters 55 through 70.

4261.6 Except for 40 C.F.R. § 261.20(c) where the term “Administrator” shall mean "Director," the substitution of terms specified in § 4399.1 (d) and (e) shall not apply to 40 C.F.R. Part 261, Subparts B, C, and D.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4261

20 DCMR § 4262 STANDARDS APPLICABLE TO GENERATORS OF HAZRDOUS WASTE

4262.1 With respect to the federal compliance requirements and penalties referenced in 40 C.F.R. § 262.10(g), sections 10, 11, and 12 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1309 to 8-1311, are also applicable to generators of hazardous waste.

4262.2 The provisions of 40 C.F.R. § 262.14 (conditions for exemption for very small quantity generators), are subject to the following specific modifications:

(a) With respect to 40 C.F.R. § 261.5 all hazardous wastes shall be subject to the notification requirements of § 3010 of RCRA;

(b) The provisions of 40 C.F.R. § 262.13(f), which regulate mixtures of hazardous waste and used oil that are to be recycled as used oil under 40 C.F.R. Part 279, are excluded from the incorporation by reference. Instead, all mixtures of hazardous waste and used oil shall be regulated as hazardous waste under this subsection; and

(c) In addition to the requirements of 40 C.F.R. § 261.5, beginning on March 1, 2006, and on or before March 1 of each year thereafter, each very small quantity generator shall complete and submit to the Department, on forms provided by the Department, an annual self-certification of compliance that addresses compliance with the requirements of 40 C.F.R. § 262.14, as modified by this subsection, during the preceding twelve (12) months, and, where necessary, a return-to-compliance plan. The generator shall also address:

(1) Any measures taken during the previous year to reduce the volume and toxicity of hazardous waste generated; and,

(2) To the extent such information is available, any changes in the volume and toxicity actually achieved during the year in comparison to previous years.

4262.3 In 40 C.F.R. § 262.11, the term “Administrator” shall mean the Administrator of the United States Environmental Protection Agency.

4262.4 In 40 C.F.R. § 262.43, the cross-references to §§ 2002(a) and 3002(6) of RCRA shall refer instead to § 6 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code § 8-1305(a).

4262.5 In addition to the requirements in 40 C.F.R. § 262.44, beginning on March 1, 2006, and on or before March 1 of each year thereafter, each generator of greater than one hundred kilograms (100 kg) but less than one thousand kilograms (1000 kg) of hazardous waste in a calendar month shall complete and submit to the Department, on forms provided by the Department, an annual self-certification of compliance with the requirements of 40 C.F.R. Part 262, as modified by this section during the preceding twelve (12) months, and, where necessary, a return-to-compliance plan. The generator shall also address:

(a) Any measures taken during the previous year to reduce the volume and toxicity of hazardous waste generated; and

(b) To the extent such information is available, any changes in the volume and toxicity actually achieved during the year in comparison to previous years.

4262.6 The substitution of terms specified in § 4399.1(d) and (e) of this chapter shall not apply to 40 C.F.R. Part 262, Subparts E and H.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4262

20 DCMR § 4263 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

4263.1 The provisions of 40 CFR Part 263 are subject to the specific modifications in this section.

4263.2 The provisions of 40 CFR § 263.12 are modified such that transfer facilities shall be considered storage facilities and subject to full regulation under chapters 42 and 43 of this title.

4263.3 A transporter shall not park a vacuum truck, pump truck, or tanker containing hazardous waste at a transfer facility or at any other location in the District of Columbia for more than twenty-four (24) hours.

4263.4 If a vacuum truck, pump truck, or tanker containing hazardous waste is to remain in the District for more than twenty-four (24) hours, the transporter shall transfer the contents to containers meeting the requirements of 40 CFR Part 264, Subpart I.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4263

20 DCMR § 4264 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

4264.1 The provisions of 40 C.F.R. Part 264 and Appendices I, IV, V, and IX of Part 264 are subject to the specific modifications in this section.

4264.2 [Reserved].

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4264

20 DCMR § 4265 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

4265.1 The provisions of 40 C.F.R. Part 265 and Appendices I and III through VI of Part 265 are subject to the specific modifications in this section.

4265.2 [Reserved].

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4265

20 DCMR § 4266 STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

4266.1 The provisions of 40 C.F.R. Part 266 and Appendices I through IX and XI through XIII of Part 266 are subject to the specific modifications in this section.

4266.2 The provisions of 40 C.F.R. Part 266, Subpart M, are adopted with the modification that with respect to 40 C.F.R. § 266.202(d), the Department may require corrective action or seek injunctive or other appropriate remedies under §§ 4, 8, 10, 11, or 12 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303(b), 8-1307(c) and (d), 8-1309, 8-1310, or 8-1311(a), if a used or fired military munitions lands off-range and is not promptly rendered safe or retrieved.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4266

20 DCMR § 4267 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4268 LAND DISPOSAL RESTRICTIONS

4268.1 The provisions of 40 C.F.R. Part 268 and Appendices III, IV, VI through IX, and XI of Part 268 are subject to specific modifications in this section.

4268.2 [Reserved].

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4268

20 DCMR § 4269 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4270 DEPARTMENT-ADMINISTERED HAZARDOUS WASTE PERMIT PROGRAM

4270.1 The provisions of 40 C.F.R. Part 270 are subject to the specific modifications in this section.

4270.2 With respect to the introductory text in 40 C.F.R. § 270.41, the provisions of 40 C.F.R. § 124.5 are subject to modification in § 4271.2 of this chapter.

4270.3 In 40 C.F.R. § 270.42(f), pertaining to public notice and appeals of permit modification decisions, the cross-references to 40 C.F.R. § 124.19 shall refer instead to § 4271.6 of this chapter.

4270.4 In addition to the causes identified in 40 C.F.R. § 270.43 for the termination of a permit, the Department may suspend, refuse to reissue, or revoke a permit as provided in §§ 4 and 10 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303(b) and 8-1309.

4270.5 The provisions of 40 C.F.R. § 270.51(a) through (c) are adopted as the procedures that the Department will follow with respect to the continuation of expiring Department-issued permits.

4270.6 The provisions of 40 C.F.R. Part 270, Subpart H, are adopted with the following modifications:

(a) In addition to the public notice procedures in 40 C.F.R. § 270.145, the Department shall provide notice by publication in the D.C. Register, in accordance with § 13 of the Advisory Neighborhood Commission Act of 1975, D.C. Official Code § 1-309.10;

(b) The provisions of 40 C.F.R. §§ 270.155, 270.190, and 270.215 are adopted except that appeals shall be made pursuant to § 4307 of chapter 43 of this title; and

(c) With respect to 40 C.F.R. § 270.230(d)(2), pertaining to remediation waste management activities at locations other than where the remediation wastes originated, the provisions of 40 C.F.R. §§ 124.31, 124.32, and 124.33 are subject to modification in § 4271.8 of this chapter.

4270.7 With respect to the introductory text in 40 C.F.R. § 270.41, the provisions of 40 C.F.R. § 124.5 are subject to modification in § 4271.3 of this chapter.

4270.8 In 40 C.F.R. § 270.42(f), pertaining to public notice and appeals of permit modification decisions, the cross-references to § 124.19 shall refer instead to § 4271.6 of this chapter.

4270.9 The provisions of 40 C.F.R. § 270.51(a) through (c) are adopted as the procedures that the Department will follow with respect to the continuation of expiring Department-issued permits.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4270

20 DCMR § 4271 DECISION-MAKING PROCEDURES FOR DEPARTMENT-ADMINISTERED HAZARDOUS WASTE PERMIT PROGRAM

4271.1 Only the provisions of 40 C.F.R. Part 124 pertaining to the decision-making procedures that the Department will follow when issuing, modifying, suspending and reissuing, and revoking hazardous waste permits issued pursuant to this chapter, subject to the specific modifications in this section, are incorporated by reference.

4271.2 The provisions of 40 C.F.R. § 124.5 are modified as follows:

(a) Only the provisions of 40 C.F.R. § 124.5(a), (c), and (d)(1) are incorporated by reference. The cross-references in the federal regulation to 40 C.F.R. §§ 270.41 and 270.43 shall refer instead to §§ 4270.3 and 4270.5 of this chapter respectively;

(b) If the Department determines that a request for the modification, revocation and reissuance, or termination of a permit is not justified, the Department shall send the requestor a brief written response giving the reasons for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearing. Denials may be appealed pursuant to procedures established in § 4271.6 of this chapter; and

(c) When there has been a history of repeated violations or a permit has been previously revoked and reissued, or when there is an initial violation and the violation presents an imminent and substantial endangerment to the public health, public welfare, or the environment, the Department may proceed under § 10 of the District of Columbia Hazardous Waste Management Act, D.C. Official Code § 8-1309(c) and (d), and Chapter 43 of this title to terminate the permit in lieu of proceeding under this subsection.

4271.3 The provisions of 40 C.F.R. § 124.10 are modified as follows:

(a) With respect to 40 C.F.R. § 124.10(a)(1)(iv), the Department shall give public notice whenever a request for a hearing under § 4271.6 of this chapter to review a permit decision is received; and

(b) In addition to the methods specified in 40 C.F.R. § 124.10(e), the Department shall give notice by publication in the D.C. Register, and by providing notice in accordance with the requirements of § 13 of the Advisory Neighborhood Commission Act of 1975, D.C. Official Code § 1-309.10.

4271.4 In addition to the notice required under 40 C.F.R. § 124.15(a) for a final permit decision or a decision to deny a permit for the active life of a hazardous waste management facility or unit, the Department shall provide notice in accordance with the requirements of § 13 of the Advisory Neighborhood Commission Act of 1975, D.C. Official Code § 1-309.10.

4271.5 In 40 C.F.R. § 124.16(a)(2)(ii), pertaining to requests for reviews of permit conditions, the term “EAB” shall mean the “District of Columbia Office of Administrative Hearings.”

4271.6 The provisions of 40 C.F.R. § 124.19, pertaining to appeals of permits, are excluded from the incorporation by reference. Instead, the following procedures shall govern appeals of a Department decision to issue or deny a permit:

(a) Within fifteen (15) calendar days of the date of a hazardous waste permit decision or a decision under 40 C.F.R. § 270.29 to deny a permit for the active life of a hazardous waste management facility or unit under 40 C.F.R. § 124.15, any person adversely affected by the decision may appeal the decision by requesting a hearing, pursuant to § 4307 of chapter 43 of this title;

(b) The fifteen-day (15-day) period within which a person may request a hearing under this section begins on the date of the service of the notice of the Department's action, unless a later date is specified in the notice;

(d) At any time prior to the rendering of a decision by the Director pursuant to § 4307 of chapter 43 of this title, the Department may, upon notification to any parties to the proceeding, withdraw the permit and prepare a new draft permit under 40 C.F.R. § 124.6, addressing the portions withdrawn as follows:

(1) The new draft permit shall proceed through the same process of public comment and opportunity for a public hearing as would apply to any other draft permit subject to this section; and

(2) Any portions of the permit that are not withdrawn and that are not stayed under 40 C.F.R. § 124.16 continue to apply; and

(e) The Department shall give public notice of the final decision in accordance with the procedures in § 4271.4 of this chapter.

4271.7 The provisions of 40 C.F.R. § 124.20 (computation of time) are excluded from the incorporation by reference. Instead, the provisions of § 4309 of chapter 43 of this title shall govern time computation.

4271.8 With respect to 40 C.F.R. Part 124, Subpart B:

(a) The provisions of 40 C.F.R. §§ 124.31, 124.32, and 124.33 shall also apply to applications submitted to the Department; and

(b) In addition to the requirements of 40 C.F.R. § 124.32(b) for public notice at the application stage, the Department shall give notice by publication in the District of Columbia Register, and by providing notice in accordance with the requirements of § 13 of the Advisory Neighborhood Commission Act of 1975, D.C. Official Code § 1-309.10.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4271

20 DCMR § 4272 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4273 STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

4273.1 The provisions of 40 C.F.R. Part 273 (Standards for Universal Waste Management) are subject to the specific modifications in this section.

4273.2 With respect to 40 C.F.R. §§ 273.12 and 273.32(a)(1), each small quantity handler and each large quantity handler of universal waste shall notify the Department of the handler's universal waste management activities by submitting a completed EPA Form 8700-12 to the Department, and shall have received an EPA identification number, before generating universal waste or receiving universal waste from other universal waste handlers.

4273.3 Notwithstanding the time periods specified in 40 C.F.R. § 273.53, a transporter storing universal waste for any length of time at a universal waste transfer facility shall become a universal waste handler and shall comply with the applicable requirements of 40 C.F.R. Part 273, Subparts B or C, while storing the universal waste.

4273.4 In 40 C.F.R. § 273.80, the cross-reference to 40 C.F.R. § 260.20 shall refer instead to § 4260.3 and 4260.4 of this chapter.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4273

20 DCMR § 4274 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4275 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4276 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4277 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4278 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4279 STANDARDS FOR THE MANAGEMENT OF USED OIL

4279.1 The provisions of 40 CFR Part 279 are subject to the specific modifications in this section.

4279.2 The cross-references throughout 40 CFR Parts 279 to provisions of 40 CFR Part 280 shall refer instead to the District of Columbia Underground Storage Tank Regulations, 20 DCMR chapters 55 through 70; and the cross-references to "Subpart F of this chapter [40 CFR Part 280]" shall refer instead to 20 DCMR chapter 62.

4279.3 Notwithstanding any provision to the contrary in 40 CFR Part 279 that would allow a person required to obtain an EPA identification number by letter request, each person required to notify the Department of the person's used oil activity shall obtain an EPA identification number by submitting to the Department a completed EPA Form 8700-12.

4279.4 The definitions in 40 CFR § 279.1 are modified as follows:

(a) The cross-references to 40 CFR § 280.12 shall refer instead to 20 DCMR § 7099; and

(b) With respect to the definitions of the terms "existing tank" and "new tank," the effective date of the EPA-authorized used oil program for the District of Columbia is November 9, 2001.

4279.5 The provisions of 40 CFR § 279.10 are modified as follows:

(a) The provisions of 40 CFR § 279.10(b)(3) pertaining to mixtures of used oil and very small quantity generator waste are excluded from the incorporation by reference. Instead, all mixtures of used oil and very small quantity generator hazardous waste shall be regulated as hazardous waste under 40 CFR § 261.5, subject to modification in § 4262.3 of this chapter; and

(b) The provisions of 40 CFR § 279.10(d), pertaining to mixtures of used oil with products, are excluded from the incorporation by reference. Instead, all mixtures of used oil and fuels or other fuel products, including all mixtures of used oil and diesel fuel, are subject to regulation under this section.

4279.6 The provisions of 40 CFR Part 279, Subpart C, are modified as follows:

(a) The exception in 40 CFR § 279.20(a)(3) for mixtures of used oil and diesel fuel mixed by the generator of the used oil for use in the generator's own vehicles is excluded from the incorporation by reference. Instead, all mixtures of used oil and diesel fuel are subject to regulation under this section;

(b) In addition to the requirements of 40 CFR § 279.22(b), containers and aboveground tanks for the storage of used oil shall:

(1) Have secondary containment that must be designed and operated as follows:

(A) A base must underlie the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;

(B) The containment system must have sufficient capacity to contain the volume of the largest container, if not exposed to precipitation, or 110% of the volume of the largest container, if exposed to precipitation; and

(C) Spilled or leaked waste and accumulated precipitation must be removed from the containment sytem in as timely a manner as is necessary to prevent overflow of the collection system.

(2) Always be closed during storage, except when it is necessary to add or remove waste; and

(3) Not be opened, handled, or stored in a manner that may rupture the container or tank or cause them to leak; and

(c) With respect to 40 CFR § 279.22(d), the effective date of the recycled used oil management program in the District of Columbia is September 29, 2000.

4279.7 The provisions of 40 CFR § 279.45 are modified as follows:

(a) Each owner or operator of a used oil transfer facility shall comply with the standards for used oil processors and re-refiners in 40 CFR Part 279, Subpart F; and

(b) With respect to 40 CFR § 279.45(h), the effective date of the recycled used oil management program in the District of Columbia is September 29, 2000.

4279.8 With respect to 40 CFR § 279.54(g), the effective date of the recycled used oil management program in the District of Columbia is September 29, 2000.

4279.9 With respect to 40 CFR § 279.75(a)(1), the notice obtained by the used oil generator, transporter, or processor/re-refiner shall contain the certification from the burner that the burner has notified either EPA or, if the burner is located in a state with an EPA-authorized used oil program, the state agency with regulatory authority over recycled used oil management activities, as applicable.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4279

20 DCMR § 4280 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4281 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4282 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4283 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4284 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4285 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4286 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4287 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4288 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4289 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4290 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4291 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4292 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4293 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4294 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4295 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4296 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4297 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4298 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4299 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). APPENDIX TO 20 DCMR CHAPTER 42 Corrections to the RCRA Regulations Federal Regulation Correction 40 CFR § 260.10 ("active portion") The effective date of 40 CFR Part 261 is November 19, 1980. 40 CFR § 260.10 ("designated facility") The cross-reference to § 260.20 shall refer instead to § 262.20. 40 CFR § 260.10 ("inactive portion") The effective date of 40 CFR Part 261 is November 19, 1980. 40 CFR § 260.40(a) The cross-reference to § 261.6(a)(2)(iv) shall refer instead to § 261.6(a)(2)(iii) (recyclable materials from which precious metals are reclaimed). 40 CFR § 260.41 In the lead-in sentence, the cross-reference to § 261.6(a)(2)(iv) shall refer instead to § 261.6(a)(2)(iii) (recyclable materials from which precious metals are reclaimed). 40 CFR §261,1(c)(10) The cross-reference to § 261.4(a)(13) shall refer instead to § 261.4(a)(14) (shredded circuit boards being recycled). 40 CFR § 261.2(c)(3) - Table 1 In column 3, labeled "Reclamation," the term "secondary materials" shall refer instead to "spent materials." 40 CFR § 261.4(a)(17)(iii) In the parenthetical phrase in the first sentence, the term "secondary materials" shall refer instead to "spent materials.' 40 CFR § 261.4(a)(17)(iv) In the third sentence, the term "secondary materials" shall refer instead to "spent materials." 40 CFR § 261.4(a)(17)(iv)(A) The term "secondary material" shall refer instead to "spent material." 40 CFR § 261.4(a)(17)(vi) The cross-reference to paragraph (a)(7) shall refer instead to paragraph (b)(7). 40 CFR § 261.4(e)(2)(vi) The cross-reference to paragraph (e)(v)(C) shall refer instead to paragraph (e)(2)(v)(C). 40 CFR § 261.11(c) The cross-reference to § 261.5(c) shall refer instead to § 261.5(e). 40 CFR § 261.21(a)(3) The phrase "an ignitable compressed gas as defined in 49 CFR § 173.300" shall refer instead to "a flammable gas as defined in 49 CFR § 173.115(a)." 40 CFR § 261.21(a)(4) The phrase "an oxidizer as defined in 49 CFR § 173.151" shall refer instead to "an oxidizer as defined in 49 CFR § 173.127(a)," 40 CFR § 261.23(a)(8) Replace § 261.23(a)(8) with the following: "It is a forbidden explosive as defined in 49 CFR § 173.54, or would have been a Class A or Class B explosive as defined in 49 CFR §§ 173.52 and 173.53." 40 CFR § 261.38(c)(1)(i)(C)(4) In the statement to be signed and submitted by the person claiming the comparable/syngas fuel exclusion, the cross-reference to § 261.28(c)(10) shall refer instead to § 261.38(c)(10). 40 CFR Part 261, App. VII Remove the listings for K064, K065, K066, K090, and K091. 40 CFR § 264.1(g)(2) The cross-reference to Subparts C, D, F, or G of Part 266 shall refer instead to Subparts C, F, G, or H of Part 266. 40 CFR § 264.70 The cross-reference to § 264.73(b) shall refer instead to § 264.73(b)(9). Federal Regulation Correction 40 CFR § 264.99(h)(2) The cross-reference to § 264.98(h)(5) shall refer instead to § 264.98(g)(5). 40 CFR § 264.101(d) After the word "This', add the word "section." 40 CFR § 264.112(b)(8) The cross-reference to § 264,110(d) shall refer instead § 264.110(c). 40 CFR § 264.114 At the end of the first sentence, add the phrase "or in §§ 264.601 or 264.603." 40 CFR § 264.118(c) The cross-reference to § 264.188(b)(3) shall refer instead to § 264.118(b)(3). 40 CFR § 264.119(b)(1)(ii) The cross-reference to 40 CFR Subpart G shall refer instead to 40 CFR Part 264, Subpart G. 40 CFR § 264.140(d)(1) The cross-reference to § 284.110(d) shall refer instead to § 264.110(c). 40 CFR § 264.144(b) The cross-reference to § 264.145(b)(1) and (2) shall refer instead to "subparagraphs (1) and (2) of this paragraph." 40 CFR § 264,147(c) and (d) The cross-references to § 270,41(a)(5) shall refer instead to § 270.42. 40 CFR § 264.151(h)(2) In the Guarantee for Liability Coverage, the phrase "as defined in 40 CFR [either 264.141(h)]" shall mean "as defined in 40 CFR [either 264.141(h) or 265.141(h)]." 40 CFR § 264.151(/) In the first sentence, the cross-reference to "§ 264.147(h) or § 265.147(h)" shall refer instead to "§ 264,147(i) or § 265.147(i)." 40 CFR § 264.193(e)(2)(v)(A) The cross-reference to § 262.21 shall refer instead to § 261.21. 40 CFR § 264.193(e)(2)(v)(B) The cross-reference to § 262.21 shall refer instead to § 261.23. 40 CFR § 264.573(a)(4)(i) In the last sentence, the phrase "§ 264.572(a) instead of 264.572(b)" shall refer instead to "§ 264.572(b) instead of 264.572(a)." 40 CFR § 264.573(b) In the lead-in line, the phrase "§ 264.572(b) instead of § 264.572(a)" shall refer instead to "§ 264.572(a) instead of § 264.572(b)." 40 CFR § 264.1101(b)(3)(iii) The cross-reference to § 264.193(d)(1) shall refer instead to § 264.193(e)(1). 40 CFR § 264.1101(b)(4)(i) The November 16, 1992, notification deadline shall refer instead to February 18, 1993. 40 CFR § 265.1(c)(6) The cross-reference to Subparts C, D, F, or G of Part 266 shall refer instead to Subparts C, F, G, or H of Part 266. 40 CFR § 265.111(c) The cross-reference to § 264.1102 shall refer instead to § 265.1102. 40 CFR § 265.112(d)(4) The cross-reference to § 264.1102 shall refer instead to § 265.1102. 40 CFR § 265.119(b)(1)(ii) The cross-reference to 40 CFR Subpart G shall refer instead to 40 CFR Part 265, Subpart G. 40 CFR § 265.140(b) In the lead-in line, the cross-reference to § 265.146 shall refer instead to § 265.145. 40 CFR § 265.140(b)(2) The cross-reference to § 264.197 shall refer instead to § 265.197. 40 CFR § 265.145(e)(11) The cross-reference to "paragraphs (f)(1) through (9) of this section" shall refer instead to "paragraphs (e)(1) through (9) of this section", and the cross-reference to "paragraph (f)(3) of this section" shall refer instead to "paragraph (e)(3) of this section." Federal Regulation Correction 40 CFR § 265.147(b)(1) Add the following sub-subparagraphs from 47 Fed. Reg. 16544 (1982): (i) Each insurance policy must be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. The wording of the endorsement must be identical to the wording specified in § 264.151(i). The wording of the certificate of insurance must be identical to the wording specified in § 264.151(j). The owner or operator must submit a signed duplicate original of the endorsement or the certificate of insurance to the Regional Administrator, or Regional Administrators if the facilities are located in more than one Region. If requested by a Regional Administrator, the owner or operator must provide a signed duplicate original of the insurance policy. (ii) Each insurance policy must be issued by an insurer which, at a minimum, is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States. 40 CFR § 265.147(c) and (d) The cross-references to § 270.41(a)(5) shall refer instead to § 270.42. 40 CFR § 265.193(e)(2)(v)(A) The cross-reference to § 262.21 shall refer instead to § 261.21. 40 CFR § 265.193(e)(2)(v)(B) The cross-reference to § 262.21 shall refer instead to § 261.23. 40 CFR § 265.228(b)(2) The cross-reference to § 265.221(c)(2)(iv) and (3) shall refer instead to § 264.221(c)(2)(iv) and (3). 40 CFR § 265.255(b) The term "surface impoundment units" shall refer instead to "waste pile units." 40 CFR § 265.301(d)(1) The cross-reference to § 261.4 shall refer instead to § 261.24. 40 CFR § 265.302(b) The term "surface impoundment units" shall refer instead to "landfill units." 40 CFR § 265.443(a)(4)(1) The phrase "§ 265.442(a) instead of § 265.442(b)" shall refer instead to "§265.442(b) instead of § 265.442(a)." 40 CFR § 265.443(b) The phrase "§ 265.442(b) instead of § 265.442(a)" shall refer instead to "§ 265,442(a) instead of § 265.442(b)." 40 CFR § 265.1090(f)(1) The cross-reference to § 265.1084(c)(2)(i) through (c)(2)(vi) shall refer instead to § 265.1083(c)(2)(i) through (c)(2)(vi). 40 CFR § 265.1100(d) The phrase "as needed to permit fugitive dust emissions" shall mean "as needed to prevent fugitive dust emissions." 40 CFR § 265.1101(b)(3)(iii) The cross-reference to § 265.193(d)(1) shall refer instead to § 265.193(e)(1). 40 CFR § 268.7(b)(4)(ii) The cross-reference to § 261.3(e) shall refer instead to § 261.3(f). 40 CFR § 268.7(b)(6) The cross-reference to § 268.20(b) shall refer instead to § 266.20(b). 40 CFR § 268.7(d) In the lead-in line, the cross-reference to § 261.3(e) shall refer instead to § 261.3(f), Federal Regulation Correction 40 CFR § 268.7(d)(1) Add the following .sub-subparagraphs (i) through (iii) to § 268.7(d)(1), from 57 Fed. Reg. 37194 (1992): (i) The name and address of the Subtitle D facility receiving the treated waste; (ii) A description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Number(s), and (iii) For debris excluded under § 261.3(f)(1) of this chapter, the technology from Table 1, § 268.45, used to treat the debris. 40 CFR § 268.50(g) Add the word "section" after the phrase The prohibition and requirements in this ...." 40 CFR § 270.1(a)(3) The cross-reference to Part 267 shall refer instead to Part 266. 40 CFR § 270.11(d)(1) After the phrase, "paragraph (a) or (b) of this", add the word "section." 40 CFR § 270.14(c)(7) The cross-reference to § 264.98(h)(5) shall refer instead to § 264.98(g)(5). 40 CFR § 270.18(b) The cross-reference to § 264.90(2) shall refer instead to § 264.90(b)(2). 40 CFR § 270.42 The cross-references throughout the regulation to § 124.10(c)(viii) and (ix) shall refer instead to § 124.10(c)(1)(ix) and (x). 40 CFR.§ 270.42(a)(1)(i) The cross-reference to §§ 270.13 through 270.21 shall refer instead to §§ 270.13 through 270.28. 40 CFR § 270.42(c)(1)(iv) The cross-reference to §§ 270.13 through 270.22 shall refer instead to §§ 270.13 through 270.28.
SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20-43 HAZARDOUS WASTE MANAGEMENT - ADMINISTRATION AND ENFORCEMENT

20 DCMR § 4300 APPLICABILITY AND SCOPE

4300.1 This chapter applies to inspections and enforcement proceedings by the Department pursuant to:

(a) The District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1301 to 8-1314, and the Hazardous Waste Management Regulations, 20 DCMR chapters 42 and 43;

(b) Section 3 of the Illegal Dumping Enforcement Act of 1994, D.C. Official Code § 8-902, as it pertains to hazardous waste and regulated medical waste; and

(c) Section 7 of the District of Columbia Solid Waste Facility Permit Act of 1995, D.C. Official Code § 8-1056, as it pertains to hazardous waste and regulated medical waste.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4300

20 DCMR § 4301 RIGHT OF ENTRY

4301.1 For the purpose of enforcing the laws and rules listed in § 4300 of this chapter, the Department shall have the right, upon presentation of appropriate credentials to the owner, operator, or agent in charge, to enter without delay, subject to § 4301.3 of this chapter, any place or vehicle where hazardous waste, used oil, or regulated medical waste are, or have been generated, handled, transported, treated, stored, or disposed.

4301.2 Appropriate credentials for making an inspection shall include:

(a) A duly issued photo identification card or badge showing the name of the inspector and proof of employment with the Department; or

(b) A notice of inspection issued by the Department, containing the following information:

(1) Name of the owner, operator, or agent in charge;

(2) Address of the place or identification of the vehicle to be inspected;

(3) Date of the inspection; and

(4) Signature of the inspector.

4301.3 Entry by the Department may be made, with or without prior notice, as follows:

(a) At any time, in emergency situations, or where there is an actual or potential immediate threat to human health and safety or the environment; and

(b) At any reasonable time in non-emergency situations. The following times shall be deemed reasonable for purposes of entry:

(1) Between the hours of 7:30 a.m. and 6:00 p.m. on weekdays; and

(2) Any hours during which the facility is open for business or operation.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4301

20 DCMR § 4302 ENTRIES FOR INSPECTIONS AND MONITORING

4302.1 Upon entry, the Department may do any of the following:

(a) Inspect the place or vehicle where the hazardous waste, used oil, or regulated medical waste is or was located, or will be located, and any surrounding areas that may be impacted;

(b) Inspect and obtain samples of any hazardous waste, used oil, or regulated medical waste, or of any substance or thing used in handling, transporting, treating, storing, or disposing of the waste or used oil; and

(c) Inspect and copy any records, reports, information, test results, or other documents relating to the purpose of the laws and rules listed in § 4300 of this chapter.

4302.2 If the Department obtains any samples from the premises or the vehicle, the Department shall give the owner, operator, or agent in charge a receipt that describes the samples obtained, and, if requested, a portion of each sample equal in volume or weight to the portion obtained. If any analysis is made of the samples, the Department shall promptly furnish the owner, operator, or agent in charge a copy of the results of the analysis made of the samples.

4302.3 In addition to the information required to be produced during an inspection pursuant to § 4302.1(c) of this chapter the Department may require, in writing, that a generator, transporter, owner or operator of a regulated facility, or other person handling hazardous waste, used oil, or regulated medical waste provide any document, respond to specific questions, or provide other information with respect to any of the wastes or used oil, or the handling of the wastes or used oil, as may be necessary to determine compliance with the laws and rules listed in § 4300 of this chapter.

4302.4 When the Department makes a written request for any document, response to specific questions, or other information pursuant to § 4302.3 of this chapter, the documents, responses, or other information shall be submitted to the Department within fourteen (14) calendar days of receipt of the request, unless the Department specifies a different time period.

4302.5 The Department may require a generator, transporter, owner or operator of a regulated facility, or any other responsible person to take any necessary corrective action, including monitoring or testing, in accordance with the requirements of the laws and rules listed in § 4300 of this chapter.

4302.6 When requiring a responsible person to take action pursuant to this chapter, the Department may, in addition to any other enforcement action authorized by law, issue a field notice or directive letter, that shall advise the responsible person of the action the person is required to take and state the time period within which the action must be performed.

4302.7 Notwithstanding § 4302.6 of this chapter, the Department may give an oral directive to a responsible person to cease and desist from an activity in a situation where there is potential serious danger to human health or the environment, or to take immediate action to mitigate any hazard from a spill or release; provided, that the Department shall, as soon thereafter as practicable, issue a written directive incorporating the contents of the oral directive.

4302.8 When hazardous waste, used oil, or regulated medical waste on a property pose an imminent threat to human health or the environment, the Department may post notice of the threat on the property and restrict access. The posting shall provide the public with notice that a dangerous condition exists, and shall prohibit the owner, operator, and agent in charge from removing or handling the chemicals or the waste without prior approval from the Department.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4302

20 DCMR § 4303 ENTRIES FOR CORRECTIVE ACTION

4303.1 In the event of a spill or release of hazardous waste, used oil, or regulated medical waste, or an alleged violation of the laws and rules listed in § 4300 of this chapter, the Department may, under the following circumstances, enter upon any place or vehicle to perform, or cause to be performed, any corrective action necessary to protect human health or the environment:

(a) In a situation that requires immediate action by the Department to protect human health or the environment;

(b) When the person responsible for the spill, release, or alleged violation has failed or refused to comply with an administrative or court order requiring corrective action; or

(c) As authorized under section 3 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-902(f) and (h), when a person has failed to abate a nuisance resulting from violation of the Illegal Dumping Enforcement Act.

4303.2 Except as provided in § 4303.4 of this chapter, the Department shall provide written notice of the Department’s intent to enter the premises or vehicle to take corrective action to the owner or operator at least seven (7) calendar days before commencing work and shall serve the notice personally or by certified mail, or when personal service cannot be accomplished, by publication or posting.

4303.3 Except as provided in § 4303.4 of this chapter, when the owner or operator is a domestic corporation, any notice to be served pursuant to this section, if served upon the president, treasurer, any other principal officer, general manager, site manager, or registered agent of the corporation in the manner specified in § 4303.2 of this chapter, shall be deemed to have been served upon the corporation. If the owner or operator is a foreign corporation, service upon the registered agent of the corporation shall be deemed service upon the corporation.

4303.4 When a spill or release of hazardous waste, used oil, or regulated medical waste, or an alleged violation of the laws and rules listed in § 4300 of this chapter, creates an imminent threat to human health or the environment necessitating corrective action, and the emergency nature of the situation makes it impractical to give prior notice as specified in §§ 4303.2 and 4303.3 of this chapter, the Department may provide notice by conspicuously posting the notice on the property at the earliest time feasible before commencing work and sending a copy to the last known address via certified mail.

4303.5 The written notice of intent to begin corrective action shall contain the following information:

(a) The name and address of the owner or operator of the premises or vehicle;

(b) The name and address of the person to whom the notice is directed;

(d) A description of the location where the work will take place;

(e) A brief summary of the corrective actions to be taken, and the conditions that require corrective action;

(f) Any applicable hearing rights, if notice of such rights has not already been served;

(g) The name, position, office address, telephone number, and e-mail address of the Department employee issuing the notice, and the name and telephone number of the appropriate contact individual within the Department; and

(h) The signature of a Department official.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4303

20 DCMR § 4304 ENFORCEMENT AUTHORITY

4304.1 The Department may pursue enforcement actions by:

(a) Issuing a warning notice (Notice of Violation);

(b) Issuing an administrative civil fine, penalty, or fee under 4304.2 of this chapter;

(d) Proposing modification, suspension, proposed revocation, or revocation of a permit or approval pursuant to § 4306 of this chapter; and

(e) Any other enforcement action authorized by law.

4304.2 The Department may request the Office of the Attorney General to file a civil action seeking a judicial civil penalty not to exceed $25,000 per violation of the provisions of chapters 42 or 43 of this title.

4304.3 As an alternative to a civil judicial action, the Department may impose an administrative civil fine, penalty, or fee pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code § 2-1801.01 et seq. A person violating a provision of chapters 42 or 43 of this title is subject to a fine in accordance with the schedules in chapters 32 and 40 of Title 16 of the District of Columbia Municipal Regulations.

4304.4 The imposition of a civil fine or penalty does not preclude the Department from initiating a civil action seeking injunctive relief, damages, or costs, except that a person shall not, for the same violation of chapters 42 or 43 of this title, be assessed both a judicial civil fine and an administrative fine.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4304

20 DCMR § 4305 ADMINISTRATIVE ORDER

4305.1 If the Department has reason to believe that there has been a violation of the Hazardous Waste Management Act of 1977 or the Hazardous Waste Management Regulations that pose a threat to human health or the environment, or there has been a release of a hazardous waste into the environment, the Department may issue an administrative order to the person responsible and order the person to monitor, test, or take corrective measures that the Department considers reasonable and necessary.

4305.2 The order shall be in writing and shall:

(a) Include a statement of the nature of the violation or threatened violation;

(b) Explain that the person has a right to a hearing;

(c) Allow a reasonable time for compliance with the order, consistent with the likelihood of harm and the need to protect health, safety, life, property, and the environment; and

(d) State any penalties for failure to comply with the order.

4305.3 An order may be served on a person or the person’s authorized agent by one or more of the methods listed in § 4305.5 of this chapter, or if there is an immediate threat to human health or the environment by:

(a) Telephone or e-mail, followed by service by another method listed in § 4305.5; or

(b) If the owner, operator, or responsible party cannot be located, conspicuous posting on the property.

4305.4 An order shall become effective and final, unless the person or persons named in the order requests a hearing under § 4307 of this chapter no later than fifteen (15) calendar days after the order is served or no later than twenty (20) calendar days after the date of the order if served by mail.

4305.5 The Department shall serve an order on a person or the person’s authorized agent by one or more of the following methods:

(a) Personal service;

(b) Delivery to the last known home or business address and leaving it with a person over the age of eighteen (18) residing or employed there; or

(c) United States Postal Service mail, first class and postage prepaid, to the last known home or business address. A courtesy copy may be sent via email or fax.

4305.6 The Department may issue an immediate order to require a person to correct a situation that immediately threatens health or the environment, or to restrain any person from engaging in any unauthorized activity that immediately endangers or causes damage to public health or the environment.

4305.7 An immediate order is effective upon issuance and is final unless the person named in the order requests a hearing under § 4307 of this chapter within seventy-two (72) hours after the order is served.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4305

20 DCMR § 4306 NOTICE OF MODIFICATION, SUSPENSION, OR REVOCATION OF PERMIT

4306.1 An action for modification, suspension, proposed revocation, or revocation of a Department-issued RCRA permit shall be conducted pursuant to the procedures in 40 CFR Part 270, Subpart D, subject to modification in § 4270 of chapter 42 of this title.

4306.2 Except as provided in § 4306.1 of this chapter, an action pursuant to §§ 4 or 10 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303 or 8-1309, to modify, suspend, or revoke a permit issued pursuant to the Act or the regulations adopted pursuant to the Act, shall be initiated by a written notice of proposed modification, suspension, proposed revocation, or revocation in accordance with this section.

4306.3 The notice of proposed permit modification, suspension, or revocation shall be in writing, and shall include the following:

The action that is being taken;

The basis for the action; and

4306.4 The Department may issue a notice of proposed modification of a permit or approval issued pursuant to the District of Columbia Hazardous Waste Management Act of 1978 when necessary to achieve the purposes of the Act, as stated in § 2 of the Act, D.C. Official Code § 8-1301; to protect the public health, safety, or welfare or the environment; or to correct an error in the terms and conditions of the permit.

4306.5 The Department may issue a notice of suspension of a permit or approval if the holder is in violation of the District of Columbia Hazardous Waste Management Act of 1977 or the regulations in chapters 42 or 43 of this title.

4306.6 An action shall become effective and final, unless the license holder, certificate holder, or permittee requests a hearing under § 4307 of this chapter no later than fifteen (15) calendar days after the action is served, or no later than twenty (20) calendar days after the date of the action if served by mail.

4306.7 The Department may issue a notice of revocation of a permit or approval issued pursuant to the District of Columbia Hazardous Waste Management Act of 1977 or the regulations in chapters 42 and 43 of this title when the holder of the permit or approval has a history of repeated violations of the Act or the regulations. Except as provided in § 4306.8 of this chapter, the revocation shall take effect fifteen (15) calendar days after service of the notice, unless the holder of the permit or approval requests a hearing within fifteen (15) calendar days of service of the notice.

4306.8 The Department may immediately revoke a permit or approval issued pursuant to the District of Columbia Hazardous Waste Management Act of 1977 or the regulations in chapters 42 and 43 of this title upon an initial violation of the Act or the regulations, when the violation presents an imminent and substantial endangerment to the public health, safety, or welfare or the environment.

4306.9 In the case of an immediate permit revocation, the respondent may request a hearing within fifteen (15) calendar days of service of the notice of revocation; however, the revocation shall take effect when served.

4306.10 The Department shall serve a notice of permit modification, suspension, proposed revocation, or revocation in the same manner as an administrative order pursuant to § 4305.5 of this chapter.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4306

20 DCMR § 4307 APPEALS TO THE DEPARTMENT

4307.1 A person named in an administrative order or proposed permit denial, modification, suspension, or revocation may appeal the action in accordance with this section.

4307.2 A person seeking to appeal a decision shall first make an appeal to the Deputy Director of the Department’s Environmental Services Administration, by sending a written appeal letter with any supporting information to: District of Columbia Department of Energy and Environment, Hazardous Waste Branch, 1200 First Street NE, 5th Floor, Washington, D.C. 20002.

4307.3 The Deputy Director shall make a decision on the appeal within 21 calendar days of the Department receiving the appeal.

4307.4 If the matter is not resolved under § 4307.3, the aggrieved person may appeal the decision of the Deputy Director of the Department’s Environmental Services Administration to the Director of the Department in accordance with the instructions provided in § 4307.2.

4307.5 The Director shall make a decision on the appeal within 21 calendar days of receiving the appeal.

4307.6 When considering an appeal, the Deputy Director or the Director may stay the effect of a decision or action being appealed pending determination of the appeal.

4307.7 Unless stayed by the Deputy Director or the Director, the original decision or action remains in effect during pendency of the appeal.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4307

20 DCMR § 4308 APPEALS TO THE OFFICE OF ADMINISTRATIVE HEARINGS

4308.1 A person adversely affected or aggrieved by a decision of the Director under § 4307 of this chapter or named in a notice of infraction assessing a civil fine, penalty, or fee under § 4304.2 may appeal the action in accordance with this section.

4308.2 To appeal the decision or notice of infraction, the person shall file an administrative appeal with, and request a hearing before, the District of Columbia Office of Administrative Hearings (OAH).

4308.3 The person shall file a written appeal with OAH within fifteen (15) calendar days of service of the decision or notice of infraction or no later than twenty (20) calendar days after the date of the decision or notice if served by mail.

4308.4 The hearing and prehearing practice shall be conducted in accordance with the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code § 2-1801 et seq.) and the regulations set forth at Title 1, chapter 28 of the District of Columbia Municipal Regulations.

4308.5 The final OAH decision on an administrative appeal under this section shall be subject to the applicable statutes and rules of judicial review for OAH final orders.

SOURCE Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 70 DCR 000703 (January 20, 2023).

District of Columbia Municipal Regulations

Environment

20 DCMR § 4308

20 DCMR § 4309 COMPUTATION OF TIME

4309.1 This section applies to all periods of time prescribed or allowed by the Hazardous Waste Management Regulations, chapters 42 and 43 of this title.

4309.2 In computing any period of time measured in days or calendar days, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

4309.3 For any period of time that is measured in days or calendar days, the last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation, unless the period of time is measured in calendar days.

4309.4 Whenever a person has the right or the obligation to do some act within a prescribed period after the service of an order or other paper upon the person, and the order or other paper is served by United States mail or third-party commercial carrier, five (5) calendar days shall be added to the prescribed period, unless a statute provides otherwise.

District of Columbia Municipal Regulations

Environment

20 DCMR § 4309

20 DCMR § 4310 PENALTIES AND INJUNCTIVE RELIEF FOR FAILURE TO COMPLY WITH FINAL ADMINISTRATIVE ORDER

4310.1 Pursuant to § 11 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code § 8-1310 (2001)), the Director may seek a temporary restraining order, preliminary injunction, permanent injunction, or other appropriate relief in court, or any administrative, civil, or criminal penalty, or other remedy authorized by § 12 of the Act, D.C. Official Code § 8-1311, including cost recovery, for failure to comply with a final compliance order, final cease and desist order, or final modification, suspension, or revocation order.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4311 CIVIL INFRACTION FINES, PENALTIES, AND FEES PURSUANT TO THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS CIVIL INFRACTIONS ACT

4311.1 In any instance where a civil fine, penalty, or fee has been established pursuant to § 104 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code § 2-1801.4 (2001)), and the Civil Infractions Schedule of Fines, 16 DCMR chapter 32, the civil fine, penalty, or fee may be imposed as an alternative sanction to the penalties set forth in § 12(b) and (c) of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code § 8-1311(b) and (c) (2001)).

4311.2 Where civil infraction fines are the only penalties pursued in a particular case, the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 and the regulations adopted thereunder, govern the proceedings in lieu of this chapter, and where there is a violation, a notice of infraction may be issued without first issuing a notice of violation, threat, or release.

4311.3 A civil infraction case may be consolidated for hearing together with another case in which a proposed compliance order, proposed cease and desist order, or proposed modification, suspension, or revocation order has been issued against the same respondent.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4312 CIVIL FINES AND ADMINISTRATIVE SANCTIONS PURSUANT TO THE ILLEGAL DUMPING ENFORCEMENT ACT

4312.1 In any instance where a civil fine, penalty, or fee has been established pursuant to § 3 of the Illegal Dumping Enforcement Act, effective May 20, 1994, as amended (D.C. Law 10-117; D.C. Official Code § 8-902(c) (2001)), and the Schedule of Fines for Violation of the Litter Control Administrative Act in 24 DCMR § 1380 for the illegal disposal of hazardous waste or regulated medical waste, the civil fine, penalty, or fee may be imposed as an alternative sanction to the criminal and civil penalties set forth in § 3 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-902(b)(3), (b)(4), and (c).

4312.2 When the Director pursues administrative remedies under § 3 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-902, including civil infraction fines, penalties, and costs and cost recovery, the Director shall adhere to the procedures in the Litter Control Administrative Act of 1985, effective March 25, 1986, as amended (D.C. Law 6-100; D.C. Official Code §§ 8-801 to 8-810 (2001)), and the implementing rules in 24 DCMR chapter 13.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007).

20 DCMR § 4313 JUDICIAL ACTION IN LIEU OF ADMINISTRATIVE ENFORCEMENT

4313.1 Pursuant to § 11 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code § 8-1310 (2001)), if the Director finds that any person is operating a treatment, storage, or disposal facility, or is generating or transporting hazardous waste, used oil, or regulated medical waste in an illegal, unsafe, or otherwise improper manner that endangers the public health, safety, or welfare or the environment, the Director may seek a temporary restraining order, preliminary injunction, permanent injunction, or other appropriate relief in court in lieu of proceeding with an administrative enforcement action under this chapter.

4313.2 After a notice of violation, threat, or release has been issued and the time for compliance has expired, the Director may institute judicial action pursuant to §§ 11 and 12 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1310 and 8-1311, for injunctive relief, civil or criminal penalties, or cost recovery in lieu of proceeding through the administrative enforcement process.

4313.3 Pursuant to § 3 of the Illegal Dumping Enforcement Act, effective May 20, 1994, as amended (D.C. Law 10-117; D.C. Official Code § 8-902(b)(3), (b)(4), and (c) (2001)), the Director may, in addition to any administrative penalty or sanction authorized by the Illegal Dumping Enforcement Act:

(a) In cases involving the knowing disposal of hazardous waste in violation of D.C. Official Code § 8-902(a), seek criminal penalties and/or civil penalties in court in lieu of civil infraction fines, penalties, and fees; and

(b) In cases involving the knowing disposal of regulated medical waste in violation of D.C. Official Code § 8-902(a), seek criminal penalties in court in lieu of civil infraction fines, penalties, and fees.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007).

20 DCMR § 4314 COST RECOVERY PROCEDURES

4314.1 Except as provided in § 4314.6, if the District of Columbia has incurred costs for taking response or corrective action under § 12 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law2-64; D.C. Official Code § 8-1311(a)(2)(B) (2001)), the Director shall issue a demand letter to the responsible person, requesting payment in the amount of all costs and related expenses incurred by the District of Columbia Government, including any applicable interest. The demand letter shall be issued after completion of the response or corrective action and before bringing a civil action in the Superior Court for the District of Columbia for the recovery of costs. The Director may also issue interim demand letters before completion of the response or corrective action.

4314.2 The demand letter shall include the following information:

(a) The total amount due;

(b) An itemization of costs and related expenses included in the total amount due;

(d) A statement of the date by which payment must be received; and

(e) Notice that if the responsible person fails to pay within the prescribed time period:

(1) Judicial action may be instituted;

(2) A tax lien on all property belonging to the responsible person, whether real or personal, may be issued; and

(3) The responsible person shall be liable for the attorney's fees and costs of the legal action, and interest on the amount due.

4314.3 The Director shall mail the demand letter to the responsible person, postage prepaid, at the responsible person's last known address.

4314.4 Thirty (30) days after the demand letter has been postmarked, the Director may take the following actions:

(a) Institute judicial action; or

(b) Take any other appropriate collection measures.

4314.5 The Director may settle claims for cost recovery and, in doing so, may settle a claim, if appropriate, based upon consideration of such factors as the cost of the response or corrective action, the likelihood of recovery, the solvency of the responsible person, the costs of judicial action, and pollution prevention measures undertaken by the responsible person.

4314.6 When the Director pursues cost recovery pursuant to § 3 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-902(f), the Director shall adhere to the procedures of § 8-902 and §§ 7 and 8 of the Litter Control Administrative Act of 1985, effective March 25, 1986, as amended (D.C. Law 6-100; D.C. Official Code §§ 8-806 and 8-807 (2001)), and the applicable provisions of 24 DCMR chapter 13, to the extent they are not inconsistent with the Illegal Dumping Enforcement Act, as follows:

(a) The Director shall require the responsible person to pay three (3) times the cost and expense incurred by the District of Columbia for abating the nuisance, preventing recurrence of the violation, cleaning and clearing the site where the unlawful disposal occurred, and for properly disposing of the waste;

(b) The Director shall also require the payment of interest on any outstanding sums due under paragraph (a) of this subsection, as well as reimbursement for private collection services, when used; and

(c) When the Director is seeking criminal or civil penalties in court pursuant to § 3 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-902(b)(3), (b)(4), and (c), the Director may also request the court to order the payment of the costs and expenses identified in paragraphs (a) and (b) of this subsection, in lieu of proceeding administratively under the Litter Control Administrative Act to recover those costs and expenses.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007).

20 DCMR § 4315 SETTLEMENT AGREEMENTS AND CONSENT COMPLIANCE ORDERS

4315.1 At any time during the course of administrative or judicial enforcement proceedings, the parties to the proceeding may enter into a settlement agreement and/or consent compliance order.

4315.2 A settlement agreement or consent compliance order, including a consent compliance decree, shall set forth each of the agreements made, actions to be taken by the parties to the agreement, the dates by which any required actions must be undertaken or completed; and any agreed-upon fines, penalties, cost recovery, damages, attorney's fees, costs and expenses, interest, supplemental environmental project, or any other sanction or remedy authorized by law.

4315.3 Where a party proposes a supplemental environmental project, the project shall meet the following criteria:

(a) The project shall be directly related to preventing or correcting the problems that led to the violation;

(b) The project shall incorporate pollution prevention practices, including source reduction and waste minimization;

(c) The project, when it involves capital improvements, new pollution control equipment, or employee training for the facility in question, shall exceed minimum legal requirements;

(d) The party shall demonstrate the financial and technical ability to successfully complete the project;

(e) The party shall demonstrate good faith in correcting the violation and a willingness to change the party's course of conduct;

(f) The project shall not delay or frustrate compliance with regulatory or permit requirements;

(g) The total settlement value, including the value of the supplemental environmental project, shall reflect the full value of the penalties, damages, and cost recovery that would be otherwise imposed;

(h) The monetary component of the settlement shall fully compensate the District of Columbia for any damages, costs, and expenses incurred in connection with the violation; and

(i) To avoid rewarding noncompliance, the proposed supplemental environmental project shall create greater benefits for the public than economic benefits for the settling party.

4315.4 A settlement agreement shall be effective when signed by the parties thereto, and shall not require the signature of an OAH administrative law judge or a judge to become effective or to be filed in the case.

4315.5 A settlement agreement may be submitted to OAH or the court for approval.

4315.6 The parties may enter into a consent compliance order with the approval of the OAH or the court.

4315.7 A consent compliance order shall be signed by the parties to the case and by the administrative law judge or the judge, and shall have the force and effect of any final administrative or judicial order.

4315.8 Unless the consent compliance order states otherwise, there shall be no right of appeal from a consent compliance order.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4316 COMPUTATION OF TIME

4316.1 This section applies to all periods of time prescribed or allowed by the Hazardous Waste Management Regulations, 20 DCMR chs. 42 and 43.

4316.2 In computing any period of time measured in days or calendar days, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

4316.3 For any period of time that is measured in days or calendar days, the last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation, unless the period of time is measured in calendar days.

4316.4 Whenever a person has the right or the obligation to do some act within a prescribed period after the service of an order or other paper upon the person, and the order or other paper is served by United States mail or third party commercial carrier, five (5) days shall be added to the prescribed period, unless a statute provides otherwise.

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4317 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4318 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4319 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4320 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4321 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4322 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4323 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4324 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4325 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4326 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4327 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4328 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4329 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4330 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4331 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4332 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4333 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4334 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4335 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4336 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4337 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4338 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4339 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4340 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4341 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4342 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4343 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4344 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4345 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4346 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4347 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4348 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4349 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4350 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4351 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4352 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4353 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4354 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4355 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4356 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4357 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4358 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4359 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4360 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4361 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4362 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4363 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4364 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4365 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4366 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4367 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4368 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4369 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4370 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4371 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4372 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4373 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4374 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4375 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4376 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4377 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4378 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4379 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4380 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4381 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4382 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4383 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4384 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4385 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4386 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4387 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4388 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4389 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4390 FEE SCHEDULE

4390.1 Except as provided in § 4390.5 of this section, each very small quantity generator shall pay an annual permit fee of two hundred fifty dollars ($250) for each facility on or before March 1 of each year; provided however, that corporations, companies, businesses, or other similar organizations that have less than eight (8) employees within their entire organization and own or operate a facility covered by this generator category, shall pay an annual permit fee of one hundred dollars ($100).

4390.2 Except as provided in § 4390.5 of this section, each small quantity generator of one hundred (100) to one thousand (1000) kilograms of hazardous waste per calendar month shall pay an annual permit fee of five hundred dollars ($500) for each facility on or before March 1 of each year.

4390.3 Except as provided in § 4390.5 of this section, each large quantity generator shall pay an annual permit fee of one thousand dollars ($1000) for each facility on or before March 1 of each year.

4390.4 Except as provided in § 4390.5 of this section, each owner or operator of a universal waste transfer facility, used oil transfer facility, or used oil processor or re-refiner shall pay an annual permit fee of five hundred dollars ($500) on or before March 1 of each year.

4390.5 A person who first applies to the Department for an EPA identification number after the effective date of these rules shall pay the annual permit fee according to that person's generator category upon submitting a notification form to the Department.

4390.6 A person who applies for a provisional EPA identification number pursuant to § 4204.3 of chapter 42 of this title for the one-time generation of hazardous waste shall pay a permit fee of one hundred dollars ($100).

4390.7 The applicant for a hazardous waste (RCRA) permit under § 4270 of chapter 42 of this title shall pay a permit application fee of ten thousand dollars ($10,000), which shall accompany each initial permit application and renewal permit application.

4390.8 The owner or operator of a facility or unit permitted under § 4270 of chapter 42 of this title shall pay an annual facility permit fee of two thousand, five hundred dollars ($2500) on or before March 1 of each year, for that following calendar year or any portion thereof.

4390.9 An owner or operator of a facility or unit permitted under § 4270 of chapter 42 of this title that pays an annual facility permit fee shall not be required to pay an annual generator permit fee.

4390.10 The Department shall assess a late charge equal to ten percent (10%) of the fee due if the fee is not received by the Department by the date due. The Department shall assess an additional late charge of ten percent (10%) of the unpaid amount each thirty (30) days that the fee remains unpaid. After ninety (90) calendar days, the Department shall not assess any further late charges; however, the Department may refer the account to the appropriate authorities for collection.

4390.11 The following miscellaneous fees shall be paid at the time the service is requested:

(a) Photocopies: after twenty (20) pages, thirty-five cents ($0.35) per page;

(b) Copies of recordings of public hearings and meetings: five dollars ($5.00) per digital copy; and

(c) Searching and copying records in response to requests under § 204 of the District of Columbia Freedom of Information Act, as amended, D.C. Official Code § 2-534: fees shall be determined in accordance with 1 DCMR § 408.

4390.12 All fees shall be paid by credit card, wire transfer, check or money order, made payable to the District of Columbia Treasurer.

4390.13 Pursuant to 1 DCMR § 108.1, fee for a returned check shall be sixty-five dollars ($65.00).

4390.14 The initial payment of all fees due pursuant to this section shall be due on the effective date of these rules.

District of Columbia Municipal Regulations

Environment

20 DCMR § 4390

20 DCMR § 4391 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4392 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4393 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4394 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4395 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4396 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4397 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4398 RESERVED

History

SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

20 DCMR § 4399 DEFINITIONS

4399.1 The terms in federal regulations that are incorporated by reference in Chapter 42 of this title shall be defined as they are in the federal regulations, unless specified otherwise in this subsection or §§ 4260 - 4279 of chapter 42 of this title.

(a) Active life - in the federal definition of the term “active life,” the term “Regional Administrator” shall mean “Director”;

(b) Boiler - in the federal definition of the term “boiler,” the term “Regional Administrator” shall mean “Director”;

(c) Existing tank system or existing component – a tank system or component that is used for the storage or treatment of hazardous waste that is in operation or for which installation commenced on or before July 14, 1986, for HSWA tanks, as defined in this subsection, or March 1, 1996, for non-HSWA tanks, as defined in this subsection.

(d) Except in those federal provisions that are not delegable by law, or that have not been delegated by EPA, to the District of Columbia, the terms "Administrator," "Assistant Administrator," "Assistant Administrator for Solid Waste and Emergency Response," "EPA Administrator," "Regional Administrator," "Regional Administrator for the Region in which the generator is located," and "State Director" shall mean “Director”;

(e) The terms "United States Environmental Protection Agency," "U.S. Environmental Protection Agency," "EPA," "Agency," "EPA Headquarters," "EPA Regions," "Regional Office," "EPA Regional Office," and "appropriate Regional EPA Office" shall mean "District of Columbia Department of Energy and Environment" or "Department," except as follows:

(1) In those federal provisions that are not delegable by law, or that have not been delegated by EPA, to the District, the terms "District of Columbia Department of Energy and Environment" and "Department" shall not be substituted for the federal terms;

(2) The abbreviation "EPA," when used as an adjective in the terms "EPA Acknowledgement of Consent," "EPA form," "EPA guidance," "EPA hazardous waste number," "EPA identification number," "EPA publication," "EPA Region," "EPA test methods," or similar phrases, shall not be supplanted and shall remain as in the Code of Federal Regulations; and

(3) The terms "U.S. Environmental Protection Agency" or "Environmental Protection Agency" shall not be supplanted when it appears in a mailing or physical address;

(f) The terms "Department of Transportation" and "USDOT" shall mean the United States Department of Transportation;

(g) The term “HSWA tank” shall mean: 1) tanks owned or operated by a small quantity generator, 2) new underground tanks, or 3) tanks that cannot be entered for inspection.

(h) The term “non-HSWA tank” shall mean a tank that is not owned or operated by a small quantity generator which are either: 1) an existing underground tank, or 2) a tank that can be entered for inspection.

(i) The term "notification requirements of § 3010 of RCRA" shall mean the requirements, under § 3010 of RCRA, 42 USC § 6930, to notify the Administrator or states having an EPA-authorized RCRA Subtitle C program, including the District of Columbia, of the person's regulated waste activities (hazardous waste activities, universal waste activities, and used oil management activities). The EPA-authorized state where the activity takes place is the primary point of contact for submission of notifications;

(j) The term "RCRA permit," "permit issued under subtitle C of RCRA," or "permit issued under RCRA § 3005" shall mean a permit, as defined in 40 CFR § 270.2, issued by the Department or EPA to implement the provisions of 40 CFR Parts 270, 271, and 124, including a hazardous waste permit issued by the Department pursuant to § 4270 of chapter 42 of this title;

(k) The term "revocation and reissuance" in the federal regulation is equivalent to the "suspension" and granting of a new permit under §§ 4 and 10 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 28, 1978, as amended (D.C. Law 2-64; D.C. Official Code §§ 8-1303 and 8-1309 (2001)), and the Hazardous Waste Management Regulations, chapters 42 and 43 of this title; and

(l) The term "termination" in the RCRA regulations is equivalent to the term "revocation" in §§ 4 and 10 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303 and 8-1309, and the Hazardous Waste Management Regulations, chapters 42 and 43 of this title.

(m) Wastewater treatment unit means a device that:

(1) Is part of a wastewater treatment facility that is subject to regulation under either §§ 307(b) or 402 of the Clean Water Act, 33 U.S.C. §§ 1317(b) or 1342; § 7 of the District of Columbia Water Pollution Control Act of 1984, D.C. Official Code § 8-103.06 ; or the District of Columbia Wastewater System Regulation Act, as amended, D.C. Official Code §§ 8-105.01 to 8-105.15;

(2) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in 40 C.F.R. § 261.3, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in 40 C.F.R. § 261.3; and

(3) Meets the definition of tank or tank system in 40 C.F.R. § 260.10.

4399.2 Terms not defined in this chapter shall have the meanings ascribed in § 3 of the District of Columbia Hazardous Waste Management Act, D.C. Official Code § 8-1302; if not defined there, then terms shall have the meanings ascribed in § 2 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-901; and, if not defined there, then terms shall have the meanings ascribed in § 2 of the District of Columbia Solid Waste Facility Permit Act, D.C. Official Code § 8-1051.

4399.3 When used in this chapter and Chapter 42 of this title, the following terms have the meanings ascribed in the subsections below:

CFR – the edition of the Code of Federal Regulations in effect on the effective date of these regulations.

Department – the Department of Energy and Environment, or its successor agency.

Director – the Director of the Department of Energy and Environment, or its successor agency.

District-only wastes – wastes that are regulated as hazardous wastes under the Hazardous Waste Management Regulations, Chapters 42 and 43 of this title, but that are not considered hazardous wastes under 40 C.F.R. Part 261, Subparts C or D.

Hazardous Waste Management Regulations – Regulations adopted by the Department at Chapters 42 and 43 of this title to implement and administer the:

(a) The District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1301 to 8-1314;

(b) Sections 2 and 3 of the Illegal Dumping Enforcement Act of 1994, D.C. Official Code §§ 8-901 and 8-902, as they pertain to hazardous waste; and

(c) Sections 6 and 7 of the District of Columbia Solid Waste Facility Permit Act of 1995, D.C. Official §§ 8-1055 and 8-1056, as they pertain to hazardous waste.

HSWA – the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. §§ 6901-6991i): (1) RCRA regulations promulgated by EPA under HSWA authorities take effect in all states at the same time, regardless of a state's authorization status; and (2) RCRA regulations promulgated by EPA under non-HSWA authorities do not take effect in EPA-authorized states until the state adopts the non-HSWA regulation.

Solid Waste – shall mean “solid waste” as defined in the RCRA regulations at 40 C.F.R. § 261.2.

District of Columbia Municipal Regulations

Environment

20 DCMR § 4399

20-50 RAILROAD CARRIER FEES

20 DCMR § 5000 PURPOSE

5000.1 The purpose of this chapter is to establish fees to be paid by railroad carriers that will be used to administer and manage expenses of the rail safety and security programs for railroad operations in the District.

History

SOURCE: Final Rulemaking published at 72 DC 013177 (November 28, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 5000

20 DCMR § 5001 Annual Report of RailRoad Car Entries and Exits

5001.1 Beginning on June 1, 2026, and for each subsequent year, each railroad carrier operating within the District shall report to the Department no later than June 1 of each year the number of railroad cars under the railroad carrier’s control that have entered and exited the District during the preceding calendar year; except, that commuter railroad carriers shall report only the number of railroad cars under the commuter railroad carrier’s control that have entered the District during the preceding calendar year. The report shall be made on a form prescribed by the Department, which will be made available on the Department’s website.

5001.2 For the purposes of the report provided by a railroad carrier under § 5001.1, railroad cars that transit through the District without stopping shall be considered only to have entered the District for each transit.

5001.3 The report shall be in writing and certified for accuracy and signed by a duly authorized representative of the railroad carrier.

History

SOURCE: Final Rulemaking published at 72 DCR 013177 (November 28, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 5001

20 DCMR § 5002 IMPOSITION AND CALCULATION OF FEE

5002.1 There is imposed on each railroad carrier operating in the District a fee of sixty cents ($0.60) for each railroad car that enters the District and sixty cents ($0.60) for each railroad car that exits the District, except as provided in §§ 5002.2 and 5002.3.

5002.2 There is imposed on each railroad carrier operating in the District a fee of sixty cents ($0.60) for each railroad car that transits through the District without stopping in the District.

5002.3 The fee imposed on a railroad carrier for each commuter railroad car that enters the District shall be sixty cents ($0.60), but no fee shall be imposed based on the commuter railroad car’s exit from the District.

History

SOURCE: Final Rulemaking published at 72 DCR 013177 (November 28, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 5002

20 DCMR § 5003 NOTICE OF FEE DUE

5003.1 Beginning on August 1, 2026, and for each subsequent year, the Department shall, no later than August 1 of each year, notify each railroad carrier operating in the District of the amount of that railroad carrier’s fee that is due and payable to the District by sending a notice of assessment to the railroad carrier.

History

SOURCE: Final Rulemaking published at 72 DCR 013177 (November 28, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 5003

20 DCMR § 5004 PAYMENT OF FEE

5004.1 Beginning on November 1, 2026, and for each subsequent year, each railroad carrier operating in the District shall, no later than November 1 of each year, pay to the Department the amount stated in the notice of assessment issued by the Department under § 5003.l.

5004.2 The payment shall be made in accordance with any instructions included in the notice of assessment issued by the Department under § 5003.1.

5004.3 Payment of the fee shall be considered to be timely made if:

It is received by the Department on or before November 1 of the same calendar year in which notice has been given under § 5003.1; or,

It is sent to the Department by first-class United States Postal Service mail in an envelope that is properly addressed, stamped, and postmarked on or before November 1 of the same calendar year in which notice has been given under § 5003.1, and is received by the Department not more than ten (10) days after the date of the postmark.

History

SOURCE: Final Rulemaking published at 72 DCR 013177 (November 28, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 5004

20 DCMR § 5005 DEPARTMENT DETERMINATION OF RAILROAD CAR ENTRIES AND EXITS

5005.1 If a railroad carrier does not timely file its annual report of railroad car entries and exits as required by § 5001.1, the Department may make a good-faith estimate of the railroad carrier’s railroad car entries and exits for the calendar year, based on available federal and District data, for which fees are to be assessed, and send a notice of assessment under § 5003.1 to the railroad carrier based on that estimate.

5005.2 The Department may request that the railroad carrier that has submitted the report required by § 5001.1 provide documentation or other evidence demonstrating how the railroad carrier determined its reported railroad car entries and exits for purposes of that report.

5005.3 A railroad carrier must respond to a request by the Department under § 5005.2 within fourteen (14) calendar days after receipt of the request by the railroad carrier.

5005.4 If the Department determines that a railroad carrier has not provided sufficient documentation or other evidence to adequately support its reported railroad car entries and exits, the Department may proceed under § 5005.1 as if the railroad carrier did not timely report its railroad car entries and exits.

5005.5 The Department shall inform a railroad carrier in writing whether it accepts the railroad carrier’s documentation or evidence and send the railroad carrier a revised notice of assessment or, alternatively, notify the railroad carrier in writing that it is proceeding under § 5005.1.

History

SOURCE: Final Rulemaking published at 72 DCR 013177 (November 28, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 5005

20 DCMR § 5006 ADMINISTRATIVE APPEALS

5006.1 A railroad carrier may appeal a notice of assessment by timely filing an administrative appeal with, and requesting a hearing before, the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code, § 2-1831.01 et seq.).

5006.2 The appeal to OAH shall be filed in writing within fifteen (15) calendar days after the date of the notice of assessment being appealed.

5006.3 The Department may, for good cause shown, toll or extend the fifteen (15) calendar day period established by § 5006.2; provided, that such tolling or extension must be in writing and issued before the fifteen (15) calendar day period expires.

5006.4 OAH shall:

(a) Resolve a notice of assessment by:

(1) Affirming, modifying, or setting aside the Department’s action complained of, in whole or in part;

(2) Remanding for Department action or further proceedings, consistent with OAH’s order; or

(3) Providing such other relief as the governing statutes and rules support; and

(b) Render a final decision.

5006.5 The final OAH decision on an administrative appeal shall constitute a final action of the Department and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.

5006.6 Nothing in this chapter shall be interpreted to:

(a) Provide that filing a judicial appeal of a final OAH decision pursuant to § 5006.6 stays enforcement of the OAH final order; or

(b) Prohibit a person from requesting a stay of the enforcement of the OAH final order as may be authorized by law.

History

SOURCE: Final Rulemaking published at 72 DCR 013177 (November 28, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 5006

20 DCMR § 5099 DEFINITIONS

5099.1 When used in this chapter, the following terms shall have the meaning set forth below:

Commuter railroad – a short-haul passenger railroad that transports public commuters on a fixed schedule between the District and locations in the Washington, DC metropolitan area. The term “commuter railroad” includes Virginia Railway Express (VRE) and Maryland Area Regional Commuter (MARC) train services.

Department – the Department of Energy and Environment or its successor agency.

District – the District of Columbia.

Railroad – includes:

Any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including commuter or other short-haul railroad passenger service in the District; and

High-speed ground transportation systems that connect the District with metropolitan areas, without regard to whether those systems use new technologies that are not associated with traditional railroads; except that

The term “railroad” does not include rail system operations conducted by or on behalf of the Washington Metropolitan Area Transit Authority or the District Department of Transportation, or other rail system operations in the District that are not connected to the railroad.

Railroad car – a vehicle used for the carrying of cargo or passengers on a rail system, measured from coupler to coupler. The term “railroad car” does not include railroad engines used for motive power.

Railroad car entry – the entry into the District by rail from anywhere outside of the District of any railroad car.

Railroad car exit – the exit from the District by rail to anywhere outside of the District of any railroad car.

Railroad carrier – a person providing transportation by railroad or a group of commonly controlled railroad carriers that the United States Secretary of Transportation has ordered to be treated as a single railroad carrier as provided for in 49 U.S.C. § 20102(3).

History

SOURCE: Final Rulemaking published at 72 DCR 013177 (November 28, 2025). District of Columbia Municipal Regulations Environment 20 DCMR § 5099

20-55 UNDERGROUND STORAGE TANKS - GENERAL PROVISIONS

20 DCMR § 5500 COMPLIANCE WITH DISTRICT LAWS

5500.1 In addition to these regulations, each owner and operator of an underground storage tank (UST) shall comply with the following:

(a) The District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code §§ 8-113.01 et seq.);

(b) The Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq.);

(c) The provisions of the District of Columbia Fire Code, Title 12, Subtitle H (Fire Code Supplement) of the District of Columbia Municipal Regulations, pertaining to USTs;

(d) The provisions of the District Construction Codes and Construction Code Supplements, available at https://dcra.dc.gov/page/district-columbia-construction-codes, that pertain to permits for construction activities (such as excavation, installation, repair, closure-in-place, or removal) related to USTs; and

(e) All other applicable federal and District laws and regulations.

5500.2 The owner or operator of each UST shall obtain all appropriate District permits for construction activities required for the repair or upgrade of a leaking UST (LUST) or remediation of a site contaminated by a LUST.

5500.3 Each owner and operator of an UST on a federal facility shall comply with the requirements of the UST Regulations.

5500.4 All notices, reports, and documents required in this regulation may be submitted by mail or delivery to the UST Branch, Department of Energy and Environment, 1200 First Street, N.E., 5th Floor, Washington, D.C. 20002, by e-mail to ust.doee@dc.gov, or by file transfer protocol (ftp) after requesting access to the Department’s ftp site via e-mail. A telephone report shall be made to the UST Branch at (202) 535-2600.

5500.5 When the UST Regulations allow for the use of an alternative material or method upon approval by the Department, or other approval of the Department needs to be obtained, the person seeking to use the alternative material or method, or to otherwise obtain Departmental approval shall:

Submit the request in writing to the Department by mail or delivery to the UST Branch, Department of Energy and Environment, 1200 First Street, N.E., 5th Floor, Washington, D.C. 20002, or by e-mail to ust.doee@dc.gov;

If seeking to use an alternative material or method, explain how the use of the alternative material or method provides for an equivalent or higher level of safety or effectiveness as the material or method required by regulation;

Provide any additional information requested by the Department; and

Use the alternative material or method only after receiving approval in writing from the Department.

5500.6 When the UST regulations require a report or notification to the District Fire Chief, the report shall be made by mail or delivery to the District of Columbia Fire Marshal, Technical Inspections Plans and Permits Branch, Hazardous Materials Section, 1100 4th Street S.W., Washington, D.C. 20024, or by phone at (202) 727-1614.

History

SOURCE: Final Rulemaking published at 40 DCR 7835, 7839 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5500

20 DCMR § 5501 APPLICABILITY OF UST REGULATIONS

5501.1 The UST Regulations apply to all USTs and UST systems located in the District of Columbia, except as otherwise provided in this chapter, and to each owner, operator, regulated substance delivery person or company, authorized representative of an owner or operator, and other responsible or remediating party as set forth in the UST Regulations.

5501.2 When the UST Regulations require an owner or operator to take an action, the owner or the operator or both may be held liable for a violation. Responsible parties may be held jointly and severally liable for violations of the provisions governing LUSTs, for any penalties assessed for those violations, and for the costs of corrective actions.

5501.3 The following USTs are exempt from the requirements of the UST Regulations:

(a) Any UST holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, as amended, 42 USC §§ 6921 et seq., or a mixture of any of those hazardous wastes and other regulated substances;

(b) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under §§ 307(b) or 402 of the Clean Water Act, 33 USC §§ 1317(b) or 1342;

(d) Any emergency spill or overflow containment UST system that is expeditiously emptied after use;

(e) A septic tank;

(f) A pipeline facility (including gathering lines) that:

Is regulated under 49 USC Chapter 601; or

Is an intrastate pipeline facility regulated under state laws as provided 49 USC Chapter 601, and which is determined by the Secretary of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;

(g) A surface impoundment, pit, pond, or lagoon;

(h) A stormwater or wastewater collection system;

(i) A flow-through process tank;

(j) A liquid trap and associated gathering lines directly related to oil or gas production and gathering operations;

(k) A storage tank situated in an underground area (such as a basement, cellar, mine working, drift, shaft, or tunnel) if the storage tank is situated on or above the surface of the floor and is not covered by any earthen materials along its sides and bottom; and

(l) A farm or residential tank with a capacity of one thousand one hundred (1,100) gallons or less used for storing motor fuel for noncommercial purposes.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5501

20 DCMR § 5502 PARTIAL APPLICABILITY OF UST REGULATIONS TO PARTICULAR UST SYSTEMS

5502.1 In addition to any requirements referenced below, the following USTs are required to comply only with the provisions of this section and with Chapters 62 and 67:

(a) Wastewater treatment tank systems not regulated under §§ 307(b) or 402 of the Clean Water Act, 33 USC §§ 1317(b) or 1342;

(b) UST systems containing any radioactive material that is regulated under the Atomic Energy Act of 1954, 42 USC §§ 2011 et seq.;

(c) UST systems that are part of any emergency generator system at nuclear power generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including but not limited to 10 CFR part 50; and

(d) Above ground storage tanks associated with:

(1) Airport hydrant fuel distribution systems regulated under § 5507; and

(2) UST systems with field-constructed tanks that are regulated under § 5507.

5502.2 A person may install an UST system identified in §§ 5502.1(a), (b), or (c) for the purpose of storing any regulated substance only if that UST system:

(a) Will prevent releases due to corrosion or structural failure for the operational life of the UST system;

(b) Is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a non-corrodible material, or designed to prevent the release or threatened release of any stored regulated substance; and

5502.3 Notwithstanding the requirements of this section, a person may install an UST system without corrosion protection at a facility that is determined by a corrosion expert to not be corrosive enough to cause the UST system to have a release due to corrosion during its operating life. The owner or operator shall maintain records that demonstrate compliance with the requirements of this subsection for the remaining life of the tank.

5502.4 In the event of a suspected or confirmed release from an UST system listed in § 5502.1, the owner or operator shall comply with §§ 5600, 5602, and 5603, except § 5600.6(d).

5502.5 The following codes of practice may be used to comply with the requirements for partially excluded UST systems in §§ 5502.2 and 5502.3:

(a) NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection”;

(b) NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”;

(c) American Petroleum Institute Recommended Practice RP 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”; or

(d) Steel Tank Institute Recommended Practice R892, “Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems.”

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5502

20 DCMR § 5503 PARTIAL APPLICABILITY OF UST REGULATIONS TO HEATING OIL TANKS

5503.1 The owner or operator of a heating oil tank having a capacity less than one thousand one hundred (1,100) gallons is exempt from the requirements of the UST Regulations with the following exceptions:

In the event of a suspected or confirmed release from the UST, Chapter 56, except §§ 5600.6(d) and 5601;

(b) Chapter 61, except that the Department may waive or modify any requirements that are inappropriate or unduly burdensome; and

(c) Chapter 62, except that, after considering the nature of the release and the degree of contamination, the Department may waive or modify any requirements that are inappropriate or unduly burdensome.

5503.2 The owner or operator of each heating oil tank having a capacity of one thousand one hundred (1,100) gallons or more shall comply with the following:

Chapter 56;

Section 5700;

For heating oil tanks installed after November 12, 1993, §§ 5703 through 5706;

Chapter 59;

The provisions of Chapter 60 pertaining to release detection for heating oil tanks;

(f) The provisions of Chapter 61 pertaining to closure of heating oil tanks; and

(g) Chapter 62, except that, after considering the nature of the release and the degree of contamination, the Department may waive or modify any requirements that are inappropriate or unduly burdensome.

5503.3 The owner or operator of each UST used to store heating oil for a purpose other than consumptive use on the premises where the UST is located shall comply with all requirements of the UST Regulations.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5503

20 DCMR § 5504 PARTIAL APPLICABILITY OF UST REGULATIONS TO UST SYSTEMS OF 110 GALLONS OR LESS, HYDRAULIC LIFT TANKS, AND ELECTRICAL EQUIPMENT TANKS

5504.1 The following USTs are required to comply only with the provisions of this section:

(a) Any UST associated with equipment or machinery that contains regulated substances for operational purposes (such as hydraulic lift tanks and electrical equipment tanks); and

(b) Any UST system with a capacity of one hundred ten (110) gallons or less.

5504.2 When there is a suspected or confirmed release during operation, closure, or removal of the UST system, a responsible or remediating party shall comply with §§ 5600, 5602, and 5603, and Chapters 61 and 62, except compliance with § 5600.6(d) is not required, and the Department may waive or modify any requirements that are inappropriate or unduly burdensome.

History

SOURCE: Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5504

20 DCMR § 5505 APPLICABILITY TO EMERGENCY GENERATOR UST SYSTEMS

5505.1 Any UST system that stores fuel for use by an emergency power generator shall comply with all requirements of the UST Regulations.

History

SOURCE: Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5505

20 DCMR § 5506 INDUSTRY CODES AND STANDARDS

5506.1 An owner or operator of an UST system may use an industry standard or code of practice developed by a nationally recognized association or independent testing laboratory to comply with a requirement of the UST Regulations if authorized by the UST Regulations or if the industry standard or code of practice is approved by the Department in accordance with § 5506.4.

5506.2 An owner or operator may request approval of an alternative industry standard or code of practice by submitting a written request to the Department by e-mail to ust.doee@dc.gov or by mail or delivery to the UST Branch, Department of Energy and Environment, 1200 First Street, N.E., 5th Floor, Washington, D.C. 20002.

5506.3 An owner or operator requesting approval of an alternative industry standard or code of practice shall provide a copy of the industry standard or code of practice to the Department, if requested by the Department.

5506.4 The Department may approve an alternative industry standard or code of practice only if the owner or operator demonstrates to the Department that the alternative industry standard or code of practice is at least as safe and as protective of health and the environment as the authorized or approved code or standard.

5506.5 When used in an industry standard or code of practice listed in the UST Regulations or approved under this section, the word “should” shall be construed to mean “shall” for the purpose of compliance with the UST Regulations.

5506.6 Unless otherwise specified in these regulations, an owner or operator shall use the most current version of the authorized or approved industry standard or code of practice.

History

SOURCE: Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5506

20 DCMR § 5507 FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS

5507.1 Except as specifically provided otherwise in this section, each owner and operator of an UST system with field-constructed tanks or airport hydrant system shall comply with the UST Regulations.

5507.2 For each UST system with field-constructed tanks or airport hydrant system installed on or before February 21, 2020, the requirements are effective according to the following schedule:

Requirements regarding UST system upgrades, general operating requirements, operator training, and release detection shall be effective October 13, 2021; and

Requirements regarding release reporting, response, investigation, closure, financial responsibility and notification, except the one-time notification requirement under § 5507.4, shall be effective on February 21, 2020.

5507.3 For each UST system with field-constructed tanks or airport hydrant system installed after February 21, 2020, the requirements apply at installation.

5507.4 Not later than October 13, 2021, each owner of an UST system with field-constructed tanks or airport hydrant system shall notify the Department of the system using an UST facility notification form described in § 5600 and shall demonstrate compliance with Chapter 67.

5507.5 In addition to the codes of practice listed in § 5701.10, each owner or operator may use military construction criteria, such as Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities, when designing, constructing, and installing UST systems with field-constructed tanks and airport hydrant systems.

5507.6 An owner or operator may use single-walled piping when installing or replacing piping associated with an airport hydrant system, or UST system with a field-constructed tank that has a capacity greater than fifty thousand (50,000) gallons. Piping associated with an UST system with a field-constructed tank with a capacity less than or equal to fifty thousand (50,000) gallons that is not part of an airport hydrant system shall meet the secondary containment requirements in Chapter 57 when installed or replaced.

5507.7 Not later than October 13, 2021, each owner or operator of an UST system with field-constructed tanks or airport hydrant system, installed on or before February 21, 2020, shall upgrade the UST system as follows, or permanently close the UST system pursuant to Chapter 61:

(a) UST system components in contact with the ground that routinely contain regulated substances shall:

Comply with the UST performance standards for new tanks and piping in Chapter 57; or

Be constructed of metal and cathodically protected according to a code of practice developed by a nationally recognized association or independent testing laboratory as specified in § 5507.8, and meet the following requirements:

Cathodic protection shall meet the applicable requirements of Chapters 57 and 59; and

Tanks greater than ten (10) years old without cathodic protection shall be assessed to ensure the tank is structurally sound and free of corrosion holes prior to adding cathodic protection. The assessment shall be by internal inspection or another method approved by the Department, in accordance with § 5500.5, to adequately assess the tank for structural soundness and corrosion holes; and

Each UST system shall comply with the spill and overfill prevention equipment requirements of Chapter 59.

5507.8 The following codes of practice may be used to comply with requirements of

§ 5507.7:

NACE International Standard Practice SP 0285, “External Control of Underground Storage Tank Systems by Cathodic Protection”;

NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”;

National Leak Prevention Association Standard 631, Chapter C, “Internal Inspection of Steel Tanks for Retrofit of Cathodic Protection”; or

American Society for Testing and Materials Standard G158, “Standard Guide for Three Methods of Assessing Buried Steel Tanks.”

5507.9 In addition to the walkthrough inspection requirements in § 5904, each owner or operator of an airport hydrant system shall:

(a) Except as provided in paragraph (b) of this subsection, inspect the following areas at least once every thirty (30) days:

(1) Hydrant pits (visually check for any damage; remove any liquid or debris; and check for any leaks); and

(2) Hydrant piping vaults (check for any hydrant piping leaks);

(b) If confined space entry is required under Occupational Safety and Health Administration (OSHA) requirements in 29 CFR part 1910, inspect the areas in paragraph (a) at least annually; and

5507.10 Not later than October 13, 2021, each owner or operator of an UST system with a field-constructed tank with a capacity less than or equal to fifty thousand (50,000) gallons shall meet the release detection requirements in Chapter 60.

5507.11 Not later than October 13, 2021, each owner or operator of an UST system with a field-constructed tank with a capacity greater than fifty thousand (50,000) gallons shall meet the requirements in Chapter 60 (except that groundwater or vapor monitoring release detection methods shall be used in combination with inventory control release detection methods) or use one or a combination of the following methods of release detection:

(a) Conduct an annual tank tightness test that can detect a one half gallon per hour (0.5 gal/hr) leak rate;

(b) Use an automatic tank gauging system to perform release detection that can detect a leak rate less than or equal to one gallon per hour (1 gal/hr) at least once every thirty (30) days, and perform a tank tightness test that can detect a leak rate of two tenths of a gallon per hour (0.2 gal/hr) at least once every three (3) years;

(c) Use an automatic tank gauging system to perform release detection that can detect a leak rate less than or equal to two gallons per hour (2 gal/hr) at least once every thirty (30) days, and perform a tank tightness test that can detect a leak rate of two tenths of a gallon per hour (0.2 gal/hr) at least once every two (2) years;

(d) Perform vapor monitoring (conducted in accordance with § 6009 for a tracer compound placed in the tank system) capable of detecting a one tenth of a gallon per hour (0.1 gal/hr) leak rate at least every two (2) years;

(e) Perform inventory control (conducted in accordance with Department of Defense Instruction 4140.25, ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, or procedures approved by the Department as equivalent) at least every thirty (30) days that can detect a leak equal to or less than one half percent (0.5%) of flow-through; and

(1) Perform a tank tightness test that can detect a one half gallon per hour (0.5 gal/hr) leak rate at least every two (2) years; or

(2) Perform vapor monitoring or groundwater monitoring (conducted in accordance with Chapter 60) for the stored regulated substance at least every thirty (30) days; or

(f) Another method approved by the Department, if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs (a) through (c) of this subsection. In comparing methods, the Department shall consider the size of release that the method can detect and the frequency and reliability of detection.

5507.12 Not later than October 13, 2021, each owner or operator of underground piping associated with an airport hydrant system or a field-constructed tank with a capacity greater than 50,000 gallons shall meet the requirements in Chapter 60 (except that groundwater or vapor monitoring release detection methods shall be used in combination with inventory control release detection methods) or use one or a combination of the following methods of release detection:

(a) Perform semiannual or annual line tightness test at or above piping operating pressure in accordance with the following:

(1) If the test section volume is less than fifty thousand (50,000) gallons, the leak detection rate for a semiannual test shall not exceed one gallon per hour (1 gal/hr) and the leak detection rate for an annual test shall not exceed one half of a gallon per hour (0.5 gal/hr);

(2) If the test section volume is equal to or greater than fifty thousand (50,000) gallons and less than seventy-five thousand (75,000) gallons, the leak detection rate for a semiannual test shall not exceed one and one half gallons per hour (1.5 gal/hr) and the leak detection rate for an annual test shall not exceed seventy-five hundredths of a gallon per hour (0.75 gal/hr);

(3) If the test section volume is equal to or greater than seventy-five thousand (75,000) gallons and less than one hundred thousand (100,000) gallons, the leak detection rate for a semiannual test shall not exceed two gallons per hour (2 gal/hr) and the leak detection rate for an annual test shall not exceed one gallon per hour (1 gal/hr);

(4) If the test section volume is equal to or greater than one hundred thousand (100,000) gallons, the leak detection rate for a semiannual test shall not exceed three gallons per hour (3 gal/hr) and the leak detection rate for an annual test shall not exceed one and one half gallons per hour (1.5 gal/hr); and

(5) Piping segment volumes that are equal to or greater than one hundred thousand (100,000) gallons and not capable of meeting the maximum three gallon per hour (3 gal/hr) leak rate for the semiannual test may be tested at a leak rate up to six gallons per hour (6 gal/hr) according to the following schedule:

(A) The first test shall be performed not later than October 13, 2021 and may use up to a six gallons per hour (6 gal/hr) leak rate;

(B) The second test shall be performed between October 13, 2021 and October 13, 2024 and may use up to a six gallons per hour (6 gal/hr) leak rate;

(C) The third test shall be performed between October 13, 2024 and October 13, 2025 and shall use a three gallons per hour (3 gal/hr) leak rate; and

(D) Subsequent tests shall be performed annually or semi-annually in accordance with subparagraph (a)(4);

(b) Perform vapor monitoring (conducted in accordance with § 6009 for a tracer compound placed in the tank system) capable of detecting a one tenth of a gallon per hour (0.1 gal/hr) leak rate at least every two (2) years;

(c) Perform inventory control (conducted in accordance with Department of Defense Instruction 4140.25, ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, or procedures approved by the Department as equivalent) at least every thirty (30) days that can detect a leak equal to or less than one half percent (0.5%) of flow-through; and

(1) Perform a line tightness test (conducted in accordance with paragraph (a) of this subsection using the leak rates for the semiannual test) at least every two (2) years; or

(2) Perform vapor monitoring or groundwater monitoring (conducted in accordance with Chapter 60) for the stored regulated substance at least every thirty (30) days; or

(d) An alternative method approved by the Department, if the owner and operator can demonstrate that the alternative method can detect a release as effectively as one of the methods allowed in paragraphs (a) through (c) of this subsection. In comparing methods, the Department shall consider the size of release that the method can detect and the frequency and reliability of detection.

5507.13 When directed by the Department, the owner or operator of an UST system with field-constructed tanks, or an airport hydrant system, that has been permanently closed before February 21, 2020, shall assess the excavation zone and close the UST in accordance with Chapter 61 if releases from the UST system may, in the judgment of the Department, pose a current or potential threat to human health and the environment.

History

SOURCE: Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5507

20-56 UNDERGROUND STORAGE TANKS - TANK NOTIFICATION AND REGISTRATION, RECORDKEEPING, REPORTS, AND NOTICES

20 DCMR § 5600 NOTICE OF THE EXISTENCE, USE, PURCHASE, SALE, OR CHANGE-IN-SERVICE OF AN UST SYSTEM

5600.1 An owner of an UST system shall notify the Department by submitting an UST facility notification form, which is available on the Department’s website at https://doee.dc.gov/page/ust-forms-guidance-and-public-documents, to the Department within thirty (30) days after the owner or operator:

(a) Begins using an UST system;

(b) Begins using a heating oil tank with a capacity of one thousand one hundred (1,100) or more gallons;

(d) Purchases or acquires an UST system that has not been permanently closed or any tank that is intended to be used as an UST;

(e) Changes the product stored in an UST system, even if the new product is unregulated; or

(f) Changes any required information on a previously submitted UST facility notification form.

5600.2 A responsible party who permanently closes an UST system shall file an UST facility notification form with the Department within thirty (30) days of permanent closure by removal or closure in-place.

5600.3 The responsible party shall complete the UST facility notification form in accordance with Department instructions and shall provide all required information.

5600.4 A responsible party who is required to submit an UST facility notification form may provide notice for several tanks using a single form if the tanks are located at the same facility and are being brought into use or closed at the same time.

5600.5 A responsible party who is required to submit an UST facility notification form for tanks located at more than one (1) facility shall file a separate UST facility notification form for each separate facility.

5600.6 Unless each tank is permanently closed, the owner shall sign the UST facility notification form and shall certify compliance with the following requirements:

(a) Subsection 5700.1;

(b) Subsections 5701.2, 5701.3, 5702.2, 5702.3, 5703.2, 5703.3, 5704.3, and 5704.4;

(d) Chapter 60; and

(e) Chapter 67.

5600.7 No person other than a responsible party is authorized to sign the UST facility notification form, except an UST System Technician may sign the certification of installation, upgrade, or repair resulting in a change in the information on the UST facility notification form.

5600.8 Any owner of real property who determines that there is an UST system (active or inactive) on the owner’s property for which notification has not been provided to the Department shall file an UST facility notification form (or give notice to the Department if information is limited) within seven (7) days of the determination.

5600.9 Any person who deposits regulated substances into an UST, or who sells or leases a tank or piping intended for use as an UST or UST system, shall inform the owner, buyer, or lessee of the tanks of the notification requirements of this section.

5600.10 Each owner or operator of any UST system that has been upgraded or modified in any way shall ensure that the installer certifies, on the UST facility notification form required under this section, that the methods used to upgrade or modify the UST system comply with the requirements of § 5801.

History

SOURCE: Final Rulemaking published at 40 DCR 7835, 7844 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5600

20 DCMR § 5601 REGISTRATION

5601.1 Each owner of an UST containing a regulated substance, except for a heating oil tank with a capacity of less than one thousand one hundred (1,100) gallons, shall register and annually renew registration of the UST in accordance with this section.

5601.2 A new owner of an existing UST or an owner of a new UST shall initiate the registration process within thirty (30) days of the change in ownership or the installation of a new UST by filing an UST facility notification form for each UST facility pursuant to the requirements of § 5600. Upon receipt of a complete UST facility notification form, the Department will send a registration fee invoice to the registrant, and the registrant shall pay the required fee within the time period specified on the invoice.

5601.3 The Department may issue a registration certificate to the owner only after:

(a) The registration fee has been received;

(b) The owner has filed a properly completed UST facility notification form pursuant to the notification requirements of § 5600; and

Either of the following has occurred as applicable:

For a new UST, the owner has complied with the installation requirements of § 5706; or

(2) For an existing UST, the owner has complied with all the applicable requirements of the UST Regulations.

5601.4 The registration term is from January 1 to December 31 of each calendar year. The term for a registration certificate issued after January 1 is from the date of issuance until December 31 of the calendar year when the registration certificate is issued. Registration shall not be transferable from owner to owner.

5601.5 An owner shall renew the registration for each tank on or before November 30 of each calendar year unless:

(a) The UST has been permanently closed pursuant to § 6101;

(b) There has been a change-in-service to storage of a non-regulated substance pursuant to § 6101; or

(c) The owner has sold the UST and has informed the Department in writing of the date of sale and the identity of the purchaser.

5601.6 A copy of the current registration certificate shall be posted at the facility where the UST is located and it shall be visible to product delivery company personnel and government inspectors at all times.

5601.7 No person shall deposit a regulated substance into an UST without first confirming that the UST is currently registered and that the facility where the UST is located has not been found to be in violation of these regulations by ensuring that:

(a) A current certificate of registration is present at the facility; and

(b) The facility where the UST is located is not on the list of facilities prohibited by the Department from receiving regulated substances. The delivery prohibition list is posted on the Department’s website at https://doee.dc.gov/publication/delivery-prohibition-guidance-usts.

5601.8 No owner or operator shall dispense, or permit the dispensing of, a regulated substance from an UST unless the owner has satisfied the registration requirements of this section.

5601.9 No owner or operator shall deposit or dispense, or permit the deposit or dispensing of, a regulated substance into an UST for which registration has been denied, unless deposit of a regulated substance is authorized for the purpose of testing the tank.

5601.10 Any person who sells an UST or a facility where an UST is located shall notify the new owner in writing that the new owner has notification and registration obligations under § 5600 and this section, and shall complete a seller’s disclosure form prescribed by the Department, which is available on the Department’s website at https://doee.dc.gov/page/ust-forms-guidance-and-public-documents.

History

SOURCE: Final Rulemaking published at 40 DCR 7835, 7844 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5601

20 DCMR § 5602 RECORDKEEPING AND REPORTS

5602.1 Each owner or operator shall submit the following information to the Department:

(a) UST facility notification forms for all USTs (§ 5600), including certification of installation and compliance with the manufacturer's checklist for new or upgraded USTs (§ 5706 or § 5801);

(b) Notices of installation, repair, removal, closure-in-place, upgrades, or testing (§ 5603);

(d) Reports of all releases, including suspected releases (§ 6202) and confirmed releases (§§ 6203.8(c) and (d));

(e) Corrective actions planned or taken, including initial abatement measures (§§ 6203.12(c) and (d)), free product removal (§ 6204), comprehensive site assessments (§ 6205), and corrective action plans (§ 6207);

(f) Notifications prior to permanent closure or change-in-service (§ 6101); and

(g) An UST facility notification form for any change in ownership, facility information, or tank data (§ 5600).

5602.2 Each owner or operator shall also provide the information required in §§ 5602.1(b), (c), (d), and (f) and the information specified in §§ 6204.7 and 6205.3 to the District Fire Chief.

5602.3 Except as provided in §§ 5602.4 through 5602.6, each owner or operator of an UST system shall maintain the following records and information at the facility where the UST system is located:

(a) Documentation of the operation of corrosion protection equipment (§ 5901.2);

(b) Documentation of the impressed cathodic protection system inspections (§ 5901.6);

(d) Documentation of compliance with release detection requirements (§ 6001);

(e) Results of the closure assessment conducted at permanent closure (§ 6101);

(f) Documentation of UST system compatibility (§ 5903);

(g) Documentation of operator training (§ 6503);

(h) Documentation of periodic walkthrough inspections (§ 5904);

Documentation of compliance for spill and overfill prevention equipment and for containment sumps used for interstitial monitoring of piping (§§ 5900.12 through 5900.15); and

A corrosion expert’s analysis of corrosion potential if corrosion protection is not used (§ 5701.1(d)).

5602.4 Each owner or operator shall maintain the records required under §§ 5602.3(a), (c) and (f) for a period of ten (10) years, or the life of the UST system, whichever is longer. The records for the current and the previous registration year shall be kept at the facility where the UST is located and shall be immediately available for inspection when requested by the Department. For the remainder of the required retention period, the records may be kept at another location in the District, but shall be readily available for inspection when requested by the Department.

5602.5 Each owner or operator shall keep the records required under § 5602.3(d) either at the facility where the UST is located or at another location where the records can be viewed by a person in the District. The records shall be immediately available for inspection by the Department at the facility where the UST is located, or if at another location, readily available for inspection by the Department.

5602.6 If an UST is permanently closed and the records cannot be kept at the facility where the UST was located or at an alternative location under §§ 5602.4 and 5602.5, the owner or operator shall deliver the permanent closure records required under § 6101 to the Department.

5602.7 Any records required to be maintained by an owner or operator shall be kept for the operating life of the UST unless another time period is specified by regulation.

5602.8 Each owner shall maintain documentation required in § 6502.11 at the facility where the UST is located.

History

SOURCE: Final Rulemaking published at 40 DCR 7835, 7844 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5602

20 DCMR § 5603 NOTICE OF INSTALLATION, REMOVAL, CLOSURE-IN-PLACE, REPAIR, UPGRADE, AND TESTING

5603.1 The owner, operator, or authorized representative of an owner or operator shall notify the Department at least five (5) business days before each installation, repair, or upgrade of an UST system and its related components, such as overfill equipment and secondary containment areas, except as provided in § 5603.3. The notice shall be provided on an UST/LUST activity notification form, which is available on the Department’s website at https://doee.dc.gov/publication/ust-activity-notification-form. Each owner, operator, or authorized representative shall provide notice of a removal or closure-in-place in accordance with Chapter 61.

5603.2 In addition to the notice required under § 5603.1, the owner, operator, or authorized representative shall notify the Department orally or in writing of the exact date and time of the installation, repair, upgrade, removal, or closure-in-place of the UST system at least twenty-four (24) hours in advance to schedule an appointment for facility inspections, except as provided in § 5603.3.

5603.3 In the case of an emergency removal or repair, the owner or operator shall provide notice to the Department and the District Fire Chief within twenty-four (24) hours of learning of the emergency condition.

5603.4 Before installing or upgrading an UST, the owner or operator shall submit to the Department plans, engineering designs, and specifications prepared by a business licensed to perform UST installations in the District in accordance with § 6500.

5603.5 Each owner or operator of an UST, including an UST on a federal facility, shall obtain approval of the plans and specifications from the Department before applying for a construction permit from the District Department of Consumer and Regulatory Affairs.

5603.6 Each owner or operator shall inform the Department orally or on an UST/LUST activity notification form at least twenty-four (24) hours in advance of the exact date and time of any tank tightness test to be conducted on an UST. In the case of emergency testing, notice shall be provided to the Department within twenty-four (24) hours after emergency testing is conducted.

5603.7 In addition to the notice required by § 5603.6, if a tightness test is performed as a result of a suspected release, the owner or operator shall also inform the District Fire Chief orally or in writing at least forty-eight (48) hours in advance.

History

SOURCE: Final Rulemaking published at 40 DCR 7835, 7844 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5603

20 DCMR § 5604 NOTICE OF SALE OF REAL PROPERTY

5604.1 Before a seller may enter into a contract for the sale of real property in the District, the seller shall inform each prospective buyer of the existence or removal of any UST system at the property, that the seller has knowledge of, on a disclosure form approved by the Department or in a letter incorporating all of the information required in the form, except as provided in §§ 5604.3 and 5604.4. The disclosure form is available on the Department’s website at https://doee.dc.gov/page/ust-forms-guidance-and-public-documents.

5604.2 The seller of real property is not required to perform a site assessment or other geological investigation to determine if there are USTs on the property, but shall:

(a) Inform prospective purchasers of any UST or any UST-related contamination of which the seller has actual knowledge; and

(b) For the sale of commercial property, inform prospective buyers of any prior use of the property of which seller has actual knowledge that may suggest the existence of USTs on the property.

5604.3 Notice pursuant to § 5604.1 is not required for the sale of an individual condominium or cooperative unit.

5604.4 A seller of a single family home shall use the disclosure form approved by the Department, which is available on the Department’s website at https://doee.dc.gov/page/ust-forms-guidance-and-public-documents, or make the disclosure required by § 5604.1 in the sales contract if the purchaser signs an acknowledgement that the purchaser has read the disclosure prior to signing the contract.

History

SOURCE: Final Rulemaking published at 40 DCR 7835, 7844 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5604

20 DCMR § 5605 FEES

5605.1 The annual registration fee shall be eight hundred dollars ($800) for each tank with a capacity of over ten thousand (10,000) gallons; four hundred fifty dollars ($450) for each tank with a capacity of ten thousand (10,000) gallons or less; except the fee for a heating oil tank with a capacity of ten thousand (10,000) gallons or less shall be two hundred dollars ($200). The owner or operator of a heating oil tank with a capacity of more than ten thousand (10,000) gallons shall pay eight hundred dollars ($800).

5605.2 The annual registration fee shall be paid in full by January 1 of each year. Any annual registration fee not received by January 1 of each year shall be subject to a late fee of two hundred dollars ($200).

5605.3 The following fees will be charged for the listed Departmental activities:

(a) The fee for review of plans and specifications and performing facility inspections for UST installations is two hundred fifty dollars ($250) per tank;

(b) The fee for performing facility inspections and for review of reports related to UST closure-in-place is two hundred fifty dollars ($250) per tank, except that the fee for these activities for heating oil tanks with a capacity of less than one thousand one hundred (1,100) gallons is one hundred fifty dollars ($150) per tank;

(c) The fee for performing facility inspections and review of reports related to UST removal is two hundred fifty dollars ($250) per tank, except the fee for these activities for heating oil tanks with a capacity of less than one thousand one hundred (1,100) gallons is one hundred fifty dollars ($150) per tank; and

(d) The initial fee for participation in the Voluntary Remediation Action Program is five thousand dollars ($5000), except that the Department may waive the fee if the applicant is a neighboring property owner who is unable to obtain relief from the responsible party. The initial fee shall be reduced by twenty-five percent (25%) if the applicant demonstrates, to the satisfaction of the Department, that the corrective action plan will use green remediation. In addition, an annual fee of five hundred dollars ($500) to continue in the program will be charged and is payable on the one year anniversary date of Conditional Authorization Letter issued pursuant to § 6212.3 until a no further action or case closure letter is issued. This paragraph shall not apply to a Voluntary Remediation Action Program application approved on or before February 21, 2020.

5605.4 The following application fees will be charged for the licensing of any business and the certification of any individual who installs, upgrades, repairs, permanently closes, or tests UST systems under Chapter 65:

(a) The initial application fee to license a business is four hundred dollars ($400), and the annual renewal application fee is two hundred dollars ($200), except that the initial application fee for businesses certified by a neighboring state under § 6501 is three hundred dollars ($300); and

(b) The initial application fee to certify an individual is two hundred fifty dollars ($250), and the annual renewal application fee is one hundred fifty dollars ($150).

5605.5 The fees in this section may be increased for each calendar year by the percentage, if any, by which the Consumer Price Index as published by the Department of Labor increased between the last two calendar years. For example, the fees for 2019 would be based on the increase, if any, from 2017 to 2018.

History

SOURCE: Final Rulemaking published at 40 DCR 7835, 7844 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5605

20 DCMR § 5606 THIRD-PARTY CERTIFICATION

5606.1 In lieu of inspection by the Department, an owner or operator may request the Department to approve compliance inspections of UST system installations, upgrades, repairs, closures, release detection system(s), and manufacturer-required annual maintenance inspections performed by an independent third-party inspector who is a Department-certified UST System Technician.

5606.2 If the Department approves use of an independent third-party inspector, the Department will accept the third-party inspector’s report and findings if the report contains all the compliance inspection information required by the Department.

5606.3 An independent third-party inspector may not certify an UST system if he or she has a financial interest in the UST system or the facility in which the UST is located.

History

SOURCE: Final Rulemaking published at 40 DCR 7835, 7844 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5606

20 DCMR § 5607 PUBLIC RECORD INFORMATION

5607.1 No later than December 31 of each year, information will be made available to the public regarding:

(a) Current numbers of USTs and facilities in the District, and Significant Operational Compliance (SOC) inspections conducted; and

(b) Confirmed releases from USTs within the District for the year, and the sources and causes of releases.

5607.2 The public record will be available on the Department’s website at https://doee.dc.gov/page/lust-forms-guidance-and-public-documents. A person who does not have electronic access may request a copy of the information by writing to UST Branch, Department of Energy and Environment, 1200 First Street, N.E., 5th Floor, Washington, D.C. 20002.

History

SOURCE: Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5607

20-57 UNDERGROUND STORAGE TANKS - NEW TANK PERFORMANCE STANDARDS

20 DCMR § 5700 EXISTING AND NEW UST SYSTEMS - GENERAL PROVISIONS

5700.1 The owner or operator of each new or existing petroleum UST system, except for a heating oil tank, shall comply with this section and the following as applicable:

(a) For an UST system installed on or before December 22, 1988, the upgrade requirements in Chapter 58;

(b) For an UST system installed after December 22, 1988, and on or before November 12, 1993, the federal standards in 40 CFR § 280.20 (Performance Standards for New USTs); and

(c) For UST systems installed after November 12, 1993, the performance standards for new petroleum UST systems in §§ 5701, 5704, and 5705.

5700.2 Except as provided in § 5700.3, the owner or operator of each existing or new hazardous substance UST system shall comply with this section and the performance standards for new hazardous substance UST systems in §§ 5702, 5704, and 5705.

5700.3 A hazardous substance UST system that was installed on or before November 12, 1993, and that was upgraded before February 21, 2020 to comply with the performance standards for new petroleum UST systems in § 5701, is exempt from the requirements of § 5700.2.

5700.4 The owner or operator of each heating oil tank with a capacity of one thousand one hundred (1,100) gallons or greater shall comply with the following as applicable:

For UST systems installed on or before November 12, 1993, the requirements of this section; and

For UST systems installed after November 12, 1993, the requirements of §§ 5703 through 5706.

5700.5 The owner or operator of an UST system that does not comply with §§ 5700.1 through 5700.4 shall comply with the permanent closure requirements in Chapter 61 and the applicable requirements for corrective action in Chapter 62.

5700.6 The owner or operator of each UST system shall ensure that the UST system satisfies the applicable release detection requirements in Chapter 60.

5700.7 In addition to meeting the requirements of this chapter, the owner or operator of each UST system located within one hundred feet (100 ft) of a subsurface transit structure, as measured horizontally from the outside wall, shall meet the requirements of the District of Columbia Fire Code, Title 12, Subtitle H (Fire Code Supplement) of the District of Columbia Municipal Regulations and the National Fire Protection Association (NFPA) Standard 130 (Standard for Fixed Guideway Transit and Passenger Rail Systems).

5700.8 Each metal tank, and the attached metal piping that is in contact with the ground and used to convey the regulated substance stored in the tank, shall be properly designed, constructed, and installed in a manner that will prevent corrosion in accordance with:

(a) A code of practice listed in § 5701.10;

(b) The District of Columbia Fire Code, Title 12, Subtitle H (Fire Code Supplement) of the District of Columbia Municipal Regulations; and

5700.9 The Department may approve alternative tank construction and corrosion protection measures if the Department determines that the alternative tank construction and corrosion protection measures will prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements of this chapter.

5700.10 Each owner or operator of an UST that is more than thirty (30) years old shall remove the tank from the ground in accordance with Chapter 61 within five (5) years of February 21, 2020.

5700.11 Each owner or operator of an UST that is more than thirty (30) years old shall perform a tightness test within one (1) year of February 21, 2020, and if the UST fails, remove the UST within one (1) year of the date of the test failure.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5700

20 DCMR § 5701 NEW PETROLEUM UST SYSTEMS

5701.1 Each new petroleum UST, except for a heating oil tank, shall be constructed of:

(a) Fiberglass-reinforced plastic with double-walled construction or other secondary containment system as set forth in §§ 5701.4 through 5701.6;

(b) Steel that is clad or jacketed with a non-corrodible material (such as fiberglass-reinforced plastic composite) with double-walled construction or other secondary containment system as set forth in §§ 5701.4 through 5701.6;

(c) Steel that is cathodically protected in accordance with §§ 5701.2 and 5701.3 with double-walled construction or other secondary containment system as set forth in §§ 5701.4 through 5701.6;

(d) Metal without additional corrosion protection measures; provided that:

(1) The tank is installed at a facility that is determined by a corrosion expert not to be corrosive enough to cause the tank to have a release due to corrosion during its operating life; and

(2) The owners and operators maintain records that demonstrate compliance with requirements of § 5701.1(d)(1) for the remaining life of the tank; or

(e) Other materials, if the tank’s construction and corrosion protection are, as determined by the Department, in accordance with § 5500.5, designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the other provisions of this section.

5701.2 Each steel tank that is cathodically protected shall be coated with a suitable dielectric material, and:

(a) The field-installed cathodic protection systems shall be designed by a corrosion expert; and

(b) The impressed current cathodic protection systems shall be designed to allow determination of current operating status as required by § 5901.5.

5701.3 Each cathodic protection system shall be operated and maintained in accordance with § 5901.

5701.4 Secondary containment systems shall be designed, constructed, and installed to do the following:

(a) Contain regulated substances released from the tank system until they are detected and removed;

(b) Prevent the release of regulated substances to the environment at any time during the operational life of the UST; and

5701.5 If continuous monitoring methods are not used, each secondary containment system shall be tested every three (3) years to ensure that the interstitial area is liquid-tight.

5701.6 Double-walled tanks shall be designed, constructed, and installed in a manner that will:

(a) Contain a release from any portion of the inner tank within the outer wall; and

(b) Provide for the detection of the failure of the inner wall.

5701.7 External liner systems, including vaults, shall be designed, constructed, and installed in a manner that will:

(a) Contain one hundred ten percent (110%) of the capacity of the largest tank within its boundary;

(b) Prevent precipitation or groundwater intrusion from interfering with the ability to contain or detect a release of regulated substances; and

(c) Surround the tank completely and be capable of preventing both lateral and vertical migration of regulated substances.

5701.8 All new motor fuel dispenser systems shall be equipped with an under-dispenser containment system that is designed, constructed, and installed in a manner that will prevent leaks from the dispenser from reaching soil or groundwater, and shall:

(a) Be liquid-tight on its sides, bottom, and at any penetrations;

(b) Be compatible with the substance conveyed by the piping; and

(c) Allow for visual inspection and access to the components in the containment system, or be monitored to detect a failure of the under-dispenser containment and any leaks from the dispenser.

9 A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the UST system are installed. The equipment necessary to connect the dispenser to the UST system includes check valves, shear valves, unburied risers, flexible connectors, and other transitional components that are below the dispenser and connect the dispenser to the underground piping.

5701.10 The following codes of practice may be used to comply with § 5701.1:

If the tank is constructed of fiberglass reinforced plastic:

Underwriters Laboratories Standard 1316, “Glass- Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products Alcohols, and Alcohol-Gasoline Mixtures”; or

Underwriter’s Laboratories of Canada Standard CAN/ULC S615, “Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids”.

If the tank is constructed of steel and cathodically protected:

Steel Tank Institute STI-P3, “Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks”;

Underwriters Laboratories Standard 1746, “External Corrosion Protection Systems for Steel Underground Storage Tanks”;

Underwriters Laboratories of Canada Standard CAN/ULC S603, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids,” Standard CAN/ULC S603.1 “Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids," and Standard CAN/ULC S631, “Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems”;

Steel Tank Institute Standard F841, “Standard for Dual Wall Underground Steel Storage Tanks”; or

NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection,” and Underwriters Laboratories Standard 58, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids.”

If the tank is steel, and clad or jacketed with a non-corrodible material:

Underwriters Laboratories Standard 1746, “External Corrosion Protection Systems for Steel Underground Storage Tanks”;

Steel Tank Institute ACT-100® Specification F894, “Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks”;

Steel Tank Institute ACT-100-U® Specification F961-15, “Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks”; or

Steel Tank Institute Specification F922, “Steel Tank Institute Specification for Permatank®.”

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5701

20 DCMR § 5702 NEW HAZARDOUS SUBSTANCE UST SYSTEMS

5702.1 Each new hazardous substance UST shall be:

(a) Constructed of fiberglass-reinforced plastic, steel-fiberglass-reinforced plastic composite, or steel;

(b) If constructed of steel, cathodically protected in accordance with the requirements of § 5702.2; and

5702.2 Each steel tank shall be cathodically protected by being coated with a suitable dielectric material, and:

(a) The field-installed cathodic protection systems shall be designed by a corrosion expert; and

(b) The impressed current cathodic protection systems shall be designed to allow determination of current operating status as required by § 5901.5.

5702.3 Each cathodic protection system shall be operated and maintained in accordance with § 5901.

5702.4 Double-walled tanks shall be designed, constructed, and installed in a manner that will:

(a) Contain a release from any portion of the inner tank within the outer wall until detected and removed;

(b) Detect the failure of the inner or outer wall;

Prevent the release of regulated substances to the environment at any time during the operational life of the UST; and

Check for evidence of a release at least every thirty (30) days.

5702.5 The codes of practice listed in §§ 5701.10(a) and (b) may be used to comply with § 5702.1

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5702

20 DCMR § 5703 NEW HEATING OIL UST SYSTEMS

5703.1 Each heating oil tank with a capacity of one thousand one hundred (1,100) gallons or more and was installed after November 12, 1993, whether of single or double-walled construction, shall be constructed of the following:

(a) Fiberglass-reinforced plastic;

(b) Steel-fiberglass-reinforced plastic composite; or

5703.2 Each steel tank shall be cathodically protected by being coated with a suitable dielectric material, and:

(a) The field-installed cathodic protection systems shall be designed by a corrosion expert; and

(b) The impressed current cathodic protection system shall be designed to allow determination of current operating status as required by § 5901.5.

5703.3 Each cathodic protection system shall be operated and maintained in accordance with the requirements of § 5901.

5703.4 Each heating oil tank with a capacity of one thousand one hundred (1,100) gallons or more, and installed after November 12, 1993, shall have a secondary containment system that is designed, constructed, and installed in a manner that will:

(a) Contain regulated substances released from the tank system until they are detected and removed;

(b) Prevent the release of regulated substances to the environment at any time during the operational life of the UST; and

5703.5 If continuous monitoring methods are not used, each secondary containment system shall be tested every three (3) years to ensure that the interstitial area is liquid-tight.

5703.6 A tank that is double-walled shall be designed, constructed, and installed in a manner that will:

(a) Contain a release from any portion of the inner tank within the outer wall; and

(b) Allow for the detection of the failure of the inner wall.

5703.7 External liner systems, including vaults, shall be designed, constructed, and installed in a manner that will:

(a) Contain one hundred ten percent (110%) of the capacity of the largest tank within its boundary;

(b) Prevent the interference of precipitation or ground water intrusion with the ability to contain or detect a release of regulated substances; and

(c) Surround the tank completely and be capable of preventing lateral as well as vertical migration of regulated substances.

5703.8 An upgrade of a heating oil tank is considered a new installation and shall conform to all new installation provisions in this chapter.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5703

20 DCMR § 5704 NEW PIPING FOR UST SYSTEMS

5704.1 Piping that routinely contains regulated substances and is in contact with earthen materials shall be properly designed and constructed, and protected from corrosion, in accordance with the following codes of practice, or an alternative industry standard or code of practice approved by the Department in accordance with § 5506:

If the piping is non-corrodible material (such as fiberglass-reinforced plastic):

Underwriters Laboratories Standard 971, “Nonmetallic Underground Piping for Flammable Liquids”; or

Underwriters Laboratories of Canada Standard CAN/ULC S660, “Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids”; and

If the piping is constructed of steel and cathodically protected:

American Petroleum Institute Recommended Practice RP 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”;

Underwriters Laboratories Subject 971A, “Outline of Investigation for Metallic Underground Fuel Pipe”;

Steel Tank Institute Recommended Practice R892, “Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems”;

NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”; or

NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.”

5704.2 UST system piping shall be constructed of:

(a) Non-corrodible material (such as fiberglass-reinforced plastic);

(b) Steel, which shall be cathodically protected in accordance with the requirements of this section and § 5901;

Metal without additional corrosion protection measures; provided that:

(1) The piping is installed at a facility that is determined by a corrosion expert not to be corrosive enough to cause the piping to have a release due to corrosion during its operating life; and

(2) The owner or operator maintains records that demonstrate compliance with requirements of § 5704.2(c)(1) for the remaining life of the piping; or

(d) Other materials approved by the Department in accordance with § 5704.7.

5704.3 Steel UST piping shall be cathodically protected by being coated with a suitable dielectric material, and:

(a) The field-installed cathodic protection system shall be designed by a corrosion expert; and

(b) The impressed current cathodic protection system shall be designed to allow determination of current operating status as required by § 5901.5.

5704.4 Each cathodic protection system shall be operated and maintained in accordance with the requirements of § 5901.

5704.5 Except as provided in § 5704.6, underground piping for hazardous substance USTs, and pressurized underground piping and non-safe suction piping for all petroleum USTs, shall be equipped with secondary containment features that are designed and constructed in accordance with the requirements of § 5701.4.

5704.6 Secondary containment is not required for vent pipes, Stage II vapor recovery pipes, or vertical fill pipes.

5704.7 Other materials and construction techniques may be used for UST piping if the piping construction and corrosion protection are determined by the Department, in accordance with § 5500.5, to be designed in a manner that is no less protective of human health and the environment than the other provisions of this section.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5704

20 DCMR § 5705 SPILL AND OVERFILL PREVENTION EQUIPMENT FOR NEW AND UPGRADED UST SYSTEMS

5705.1 Except as provided in § 5705.3, in order to prevent spilling during the transfer of regulated substances to an UST, each owner or operator shall use spill prevention equipment (such as a spill catchment basin) that will prevent release of regulated substances when the transfer hose is detached from the fill pipe.

5705.2 Each owner or operator of a new or upgraded UST system shall prevent spills and overfills by ensuring that the space in the tank is sufficient to receive the volume of regulated substances to be transferred and that the transfer operation is constantly monitored in accordance with § 5900.3.

5705.3 Except as provided in §§ 5705.4 through 5705.6, in order to prevent overfilling during the transfer of regulated substances, each owner or operator shall use overfill prevention equipment that does one or more of the following:

(a) Automatically shuts off flow into the tank when the tank is no more than ninety-five percent (95%) full;

(b) Alerts the transfer operator when the tank is no more than ninety percent (90%) full by triggering a high-level audible and visible alarm that is labeled overfill alarm and is in full view of the delivery driver;

Alerts the transfer operator with a high level alarm one (1) minute before overfilling; or

Automatically shuts off flow into the tank so that none of the fittings located on the top of the tank are exposed to product due to overfilling.

5705.4 No owner or operator shall use flow restrictors (ball float systems) in vent lines as the only method of overfill prevention when the overfill prevention is installed or replaced after February 21, 2020.

5705.5 Tanks that are susceptible to over-pressurization shall only use an automatic shutoff valve to comply with § 5705.3.

5705.6 An owner or operator is not required to provide and use the spill and overfill prevention equipment specified in this section if:

(a) Alternative equipment is used that is determined by the Department, in accordance with § 5500.5, to be no less protective of human health and the environment than the equipment specified in the other provisions of this section; or

(b) The UST is filled by transfers of no more than twenty-five (25) gallons at one time.

5705.7 The spill prevention equipment on new USTs shall have a minimum capacity of ten (10) gallons.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as corrected by Erratum Notice published at 53 DCR 3759 (May 5, 2006);as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5705

20 DCMR § 5706 INSTALLATION OF NEW UST SYSTEMS

5706.1 Each UST system, including all tanks and piping, shall be installed in accordance with the manufacturer's instructions; the District of Columbia Fire Code, Title 12, Subtitle H (Fire Code Supplement) of the District of Columbia Municipal Regulations; and one of the following codes of practice or an alternative code approved by the Department in accordance with § 5506:

American Petroleum Institute Publication 1615, “Installation of Underground Petroleum Storage System”;

Petroleum Equipment Institute Recommended Practice RP100, “Recommended Practices for Installation of Underground Liquid Storage Systems”; or

(c) National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code” and Standard 30A, “Code for Motor Fuel Dispensing Facilities and Repair Garages.”

5706.2 Each owner or operator shall ensure that each UST is installed by, or each installation is supervised by, a District-certified UST System Technician as required in Chapter 65.

5706.3 The owner or operator shall ensure that all work listed in the manufacturer's installation checklist is completed for each UST installation.

5706.4 The owner or operator shall sample the soil below the excavation and submit the soil sampling report to the Department before installation. The owner or operator may not place backfill in the excavation until the Department has inspected and approved the installation.

5706.5 After installing an UST, the owner or operator shall perform a tank tightness test before using the UST.

5706.6 The owner or operator shall ensure that the UST System Technician certifies compliance with §§ 5706.2 through 5706.4 on an UST facility notification form, available on the Department’s website at https://doee.dc.gov/page/ust-forms-guidance-and-public-documents, and shall submit the form to the Department.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5706

20-58 UNDERGROUND STORAGE TANKS - UPGRADES OF EXISTING USTS

20 DCMR § 5800 EXISTING UST SYSTEM UPGRADES

5800.1 The owner or operator of each existing petroleum UST, except a heating oil tank, shall ensure that the UST complies with the following as applicable, or permanently close the UST in accordance with Chapter 61 and applicable requirements for corrective action set forth in Chapter 62:

(a) For an UST system installed before December 22, 1988, the upgrade requirements set forth in this chapter;

(b) For an UST system installed after December 22, 1988, and prior to November 12, 1993, the federal standards set forth in 40 CFR § 280.20 (Performance Standards for New USTs); or

5800.2 All components connected to an existing petroleum UST system, except a heating oil tank, shall be operating. Components of an UST system that are no longer functional or in use shall be removed.

5800.3 No person may deposit a regulated substance into an existing UST system, except a heating oil tank, unless the UST system complies with the new UST system performance standards in Chapter 57 or has been upgraded under this section.

5800.4 The owner or operator of each existing hazardous substance UST system shall ensure that the UST system complies with the new UST system performance standards in Chapter 57 for hazardous substance UST systems, or permanently close the UST system in accordance with Chapter 61 and applicable requirements for corrective action in Chapter 62.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5800

20 DCMR § 5801 TANK UPGRADES

5801.1 Each owner or operator of an existing steel UST shall upgrade the tank in accordance with the manufacturer's specifications, one of the following codes of practice, or an alternative industry standard or code of practice approved by the Department in accordance with § 5506:

(a) American Petroleum Institute Recommended Practice RP 1631, “Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks”;

(b) National Leak Prevention Association Standard 631, “Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection”;

(c) National Association of Corrosion Engineers Standard RP-02-85, “Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems”; or

(d) American Petroleum Institute Recommended Practice RP 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.”

5801.2 An owner or operator that seeks to upgrade an existing tank to stage I vapor recovery shall submit plans to the Department by mail or delivery to UST Branch, Department of Energy and Environment, 1200 First Street, N.E., 5th Floor, Washington, D.C. 20002, or electronically in accordance with § 5500.4, and obtain the Department’s approval before implementing the upgrades.

5801.3 The internal lining of an existing UST may be upgraded only if the following requirements are met:

(a) The interior of the tank was inspected and assessed to ensure that the tank is structurally sound prior to installing the internal lining in accordance with American Petroleum Institute Recommended Practice 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks”; and

(b) The lining was installed in accordance with the requirements of § 5902.

5801.4 Within ten (10) years after the lining of the tank is upgraded, and every five (5) years thereafter, the interior of the lined tank shall be inspected to ensure that:

It is structurally sound;

It is free of corrosion holes; and

The lining is performing in accordance with the original design specifications.

5801.5 If internal lining is the sole method of corrosion protection for an UST, the owner or operator shall inspect the lining at least once each year for the conditions listed in § 5801.4(a) though (c).

5801.6 The following requirements apply to tank linings that have failed inspections:

The tank lining shall be replaced, unless it can be repaired and restored to a level of performance equivalent to original design specifications using a code of practice specified in § 5801.1; and

(b) If an UST internal lining is the sole method of corrosion protection for an UST and the lining cannot be repaired in accordance with paragraph (a), the owner or operator shall permanently close the tank in accordance with the requirements of Chapter 61.

5801.7 An existing tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of §§ 5701.2 and 5701.3, and the integrity of the tank is ensured using one of the following methods:

(a) The interior of the tank is inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system;

(b) If the tank had been installed for less than ten (10) years at the time of the upgrade, the tank is monitored monthly for releases in accordance with §§ 6008 through 6013;

(c) If the tank had been installed for less than ten (10) years at the time of the upgrade, the tank is assessed for corrosion holes by conducting two (2) tank tightness tests that meet the requirements of § 6007; the first tank tightness test shall be conducted before installing the cathodic protection system, and the second tank tightness test shall be conducted between three (3) and six (6) months after beginning operation of the cathodic protection system; or

(d) The tank is assessed for corrosion holes by a method that is determined by the Department, in accordance with § 5506, to prevent releases in a manner that is no less protective of human health and the environment than a system that complies with paragraphs (a) through (c) of this subsection.

5801.8 An existing tank may be upgraded by both internal lining and cathodic protection if the following requirements are met:

(a) The lining is installed in accordance with the requirements of § 5902; and

(b) The cathodic protection system meets the requirements of §§ 5701.2 and 5701.3.

5801.9 The following codes of practice may be used to comply with the periodic lining inspection requirements in §§ 5801.4 and 5801.5:

(a) American Petroleum Institute Recommended Practice RP 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks”;

(b) National Leak Prevention Association Standard 631, Chapter B “Future Internal Inspection Requirements for Lined Tanks”; or

(c) Ken Wilcox Associates Recommended Practice, “Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera.”

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5801

20 DCMR § 5802 EXISTING UST SYSTEM PIPING UPGRADES

5802.1 Metal piping that routinely contains regulated substances and is in contact with earthen materials shall be cathodically protected in accordance with a code of practice that is either listed in § 5704.1(b) or approved by the Department in accordance with § 5506.

5802.2 Metal piping that routinely contains regulated substances and is in contact with earthen materials shall meet the requirements of §§ 5704.3 and 5704.4.

5802.3 Metal piping that routinely contains regulated substances and is in contact with earthen materials but does not meet the requirements of §§ 5802.1 and 5802.2 shall be replaced with new piping and satisfy the requirements of § 5704.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5802

20 DCMR § 5803 SPILL AND OVERFILL PREVENTION EQUIPMENT UPGRADES

5803.1 To prevent spilling and overfilling associated with product transfer to the UST, all existing UST systems shall comply with new UST spill and overfill prevention equipment requirements specified in § 5705.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5803

20 DCMR § 5804 TANK TIGHTNESS TESTING UPON UPGRADE

5804.1 Before beginning to operate an upgraded UST system, the owner or operator shall have a tightness test performed in accordance with the requirements of § 6007, unless the tank is upgraded by cathodic protection and the owner or operator complies with § 5801.7(c).

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5804

20-59 UNDERGROUND STORAGE TANKS - OPERATION AND MAINTENANCE OF USTS

20 DCMR § 5900 SPILL AND OVERFILL CONTROL

5900.1 Each owner, operator, or agent in charge shall ensure that releases due to spilling or overfilling do not occur. In complying with the requirements of this section, the owner, operator, or agent in charge shall follow one of the following codes of practice or an alternative industry standard or code of practice approved by the Department in accordance with § 5506:

National Fire Protection Association Standard 385, “Standard for Tank Vehicles for Flammable and Combustible Liquids;” or

American Petroleum Institute Recommended Practice RP 1007, “Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles.”

5900.2 Before each transfer is made, the owner, operator, or agent in charge shall check that the volume available in the tank is greater than the volume of product to be transferred into the tank.

5900.3 The owner, operator, or agent in charge shall ensure that an individual, who may be the owner, operator, agent in charge, or a person designated by the owner in accordance with § 6502, constantly monitors each transfer operation to prevent overfilling and spilling, and that the transfer operation is performed in accordance with the UST manufacturer's specifications.

5900.4 When product is transferred by means of pressurized delivery, delivery nozzles shall be opened manually and observed by the individual transferring the product until closed.

5900.5 When product is transferred by means of pressurized delivery, a vent alarm device shall be installed and be visible and audible to the individual transferring the product.

5900.6 If the vent alarm indicates an obstruction to the vent, delivery shall be discontinued until the vent is cleared.

5900.7 The owner, operator, or agent in charge shall ensure that the spill prevention equipment is kept clean and dry.

5900.8 The owner or operator shall ensure that all fill lines for the UST are clearly marked to indicate the size of the tank and the type of regulated substance stored by:

(a) Installing a permanent tag or sign immediately adjacent to the fill pipes that indicates the size of the tank and the specific type of substance stored; or

(b) Applying a color code that conforms to the following requirements:

(1) Color markings that meet the requirements of American Petroleum Institute (API) Recommended Practice RP 1637 (Product Identification) shall be painted or placed around the fill or manhole cover in a manner that will readily identify the regulated substance in the storage tank;

(2) Regulated substances or products stored in USTs that are not listed in API Recommended Practice RP 1637 may be identified with an industry standard color code approved by the Department in accordance with § 5506; and

(3) The color code shall be painted on a sign not less than eight (8) by ten (10) inches with letters not less than five sixteenths (5/16) of an inch high, posted at the facility in a prominent location visible from the fill pipe area.

5900.9 Unless the pipes or openings are used for the transfer of a regulated substance stored at the facility, pipes or other openings may not be marked in any way that could be associated with that substance.

5900.10 The owner, operator, or other responsible party shall report, investigate, and clean up any spills and overfills in accordance with the requirements of Chapter 62.

5900.11 Each owner or operator shall comply with the requirements of §§ 5900.12 through 5900.15 in accordance with the following schedule:

For UST systems in use on or before February 21, 2020, the initial spill prevention equipment test, containment sump test, and overfill prevention equipment inspection shall be conducted not later than October 13, 2021; and

(b) For UST systems brought into use after February 21, 2020, the requirements apply at installation.

5900.12 Except as provided in § 5900.13, all spill prevention equipment and containment sumps used for interstitial monitoring of piping shall be tested at least once every three (3) years for liquid tightness in accordance with § 5900.14. All water generated in the liquid tightness testing shall be disposed of at approved facilities.

5900.13 Spill prevention equipment and containment sumps that are double-walled with continuous interstitial monitoring are exempt from the testing requirement specified in § 5900.12, if the integrity of both walls is periodically monitored at least as frequently as the walkthrough inspection required in § 5904.

5900.14 Liquid tightness testing shall be conducted by using vacuum, pressure, or liquid testing in accordance with one of the following criteria:

(a) Requirements developed by the manufacturer;

Petroleum Equipment Institute Recommended Practice RP1200, “Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities”; or

An alternative industry standard or code of practice approved by the Department in accordance with § 5506.

5900.15 Overfill prevention equipment shall be inspected at least once every three (3) years. At a minimum, the inspection shall ensure that overfill prevention equipment is set to activate at the level specified in § 5705.3 and will activate when the regulated substance reaches that level.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5900

20 DCMR § 5901 TANK CORROSION PROTECTION

5901.1 Each owner or operator of a steel tank UST, or of a steel-fiberglass-reinforced plastic composite UST with corrosion protection, shall comply with the requirements of this section for as long as the UST is used to store regulated substances.

5901.2 Each owner or operator shall operate and maintain the corrosion protection system to continuously provide corrosion protection to the metal components of those portions of the tank and piping system of active and temporarily closed USTs that routinely contain regulated substances and are in contact with the ground.

5901.3 Within six (6) months of installation, and at least once every three (3) years thereafter, each UST equipped with a cathodic protection system shall be inspected by a cathodic protection tester to ensure the system is operating properly.

5901.4 Cathodic protection testing shall be done in accordance with one of the following codes of practice, or an alternative industry standard or code of practice approved by the Department in accordance with § 5506:

NACE International Test Method TM0101, “Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems”;

NACE International Test Method TM0497, “Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems”;

Steel Tank Institute Recommended Practice R051, “Cathodic Protection Testing Procedures for STI-P3® USTs”;

NACE International Standard Practice SP 0285, “External Control of Underground Storage Tank Systems by Cathodic Protection”; or

(e) NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems.”

5901.5 Each UST with an impressed current cathodic protection system shall be inspected every sixty (60) days to ensure the system is operating properly.

5901.6 For each UST using cathodic protection, the owner or operator shall maintain records of the operation of the cathodic protection system in accordance with § 5602, including:

(a) The results of the last two (2) inspections required in § 5901.3;

The results of the last three (3) inspections required in § 5901.5; and

The name and qualifications of the cathodic protection tester who performed the inspections.

5901.7 Each owner or operator of an UST that uses internal lining as the sole method of corrosion protection shall conduct annual inspections in accordance with § 5801.5.

5901.8 USTs that fail the annual inspection required by § 5901.7 and cannot be repaired in accordance with § 5801.6 shall be permanently closed in accordance with § 6101.

5901.9 For purposes of this section, the term “cathodic protection tester” means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, a cathodic protection tester has education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5901

20 DCMR § 5902 REPAIR OR REPLACEMENT OF UST SYSTEMS

5902.1 Each owner or operator of an UST shall ensure that repairs are made using the proper materials and techniques, and that repairs will prevent releases due to structural failure or corrosion as long as the UST is used to store regulated substances.

5902.2 Except as stated in §§ 5902.3 and 5902.4, in complying with the requirements of this section, each owner or operator shall follow one of the following codes of practice, or an alternative industry standard or code of practice approved by the Department in accordance with § 5506:

National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code”;

American Petroleum Institute Recommended Practice RP 2200, “Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines”;

American Petroleum Institute Recommended Practice RP 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks”;

National Fire Protection Association Standard 326, “Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair”;

National Leak Prevention Association Standard 631, Chapter A “Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks”;

Steel Tank Institute Recommended Practice R972, “Recommended Practice for the Addition of Supplemental Anodes to STI-P3® Tanks”;

NACE International Standard Practice SP 0285, “External Control of Underground Storage Tank Systems by Cathodic Protection”; or

(h) Fiberglass Tank and Pipe Institute Recommended Practice T-95-02, “Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks.”

5902.3 Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer's authorized representatives or in accordance with § 5902.2.

5902.4 Repairs to or replacement of internal tank linings may be made by the manufacturer's authorized representatives or in accordance with § 5902.2.

5902.5 Metal pipe sections and fittings from which a release of a regulated substance has occurred as a result of corrosion or other damage, or that have incurred corrosion or other damage sufficient to constitute a threat of release, shall be replaced in accordance with § 5704.

5902.6 Non-corrodible or fiberglass pipes and fittings, or flexible pipes, from which a release of a regulated substance has occurred as a result of damage, or that have incurred damage sufficient to constitute a threat of a release, shall be replaced in accordance with § 5704 and the manufacturer’s specifications.

5902.7 Within thirty (30) days of completing a repair to secondary containment areas of the tanks and piping used for interstitial monitoring, or a repair to containment sumps used for interstitial monitoring of piping, and before using the tank to store regulated substances, the owner or operator shall have the secondary containment tested for liquid-tightness according to the manufacturer’s instructions, one of the following codes of practice, or an alternative industry standard or code of practice approved by the Department in accordance with § 5506:

Steel Tank Institute Recommended Practice R012, “Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks”;

Fiberglass Tank and Pipe Institute Protocol, “Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space”; or

(c) Petroleum Equipment Institute Recommended Practice RP1200, “Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities.”

5902.8 Within thirty (30) days of completing a repair to a tank or piping, other than a repair specified in § 5902.7, and before using the tank to store regulated substances, the owner or operator shall have the tank or piping tested for liquid-tightness in accordance with § 6007, unless one or more of the following actions have been taken:

(a) The repaired tank has been internally inspected in accordance with American Petroleum Institute Recommended Practice 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks,” or an alternative industry standard or code of practice approved by the Department in accordance with § 5506;

(b) The repaired portion of the UST system is monitored every thirty (30) days for releases in accordance with a method specified in §§ 6008 through 6013; or

(c) Another test method is used that is determined by the Department to be no less protective of human health and the environment than the other provisions of this subsection.

5902.9 Within six (6) months following the repair of any cathodically protected UST system, the cathodic protection system shall be tested in accordance with the applicable provisions of §§ 5901.3 through 5901.5 to ensure that it is operating properly.

5902.10 Each owner or operator shall maintain records of each repair for 10 years, or until the UST system is permanently closed, whichever is longer, in accordance with § 5602.4.

5902.11 Each owner or operator shall ensure that each UST system is repaired by, or that repairs are supervised by, an UST System Technician certified by the Department in accordance with Chapter 65.

5902.12 After the completion of any replacement or repair that results in a change in the information on the UST facility notification form, the owner or operator shall ensure that the certified UST System Technician completes the certification of compliance provided on the UST facility notification form required by § 5600.

5902.13 A repair that involves removing and replacing fifty percent (50%) or more of the piping, excluding connectors, connected to a single underground tank is considered to be a replacement and shall meet the new piping installation requirements in § 5704.

5902.14 Within thirty (30) days of any repair to spill or overfill prevention equipment, the repaired equipment shall be tested or inspected, as appropriate, in accordance with § 5900 to ensure it is operating properly.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5902

20 DCMR § 5903 COMPATIBILITY

5903.1 Each owner and operator shall use an UST system that is made of, or lined with, materials that are compatible with the substance stored in the UST system.

5903.2 Each owner or operator shall notify the Department at least thirty (30) days prior to changing the product stored in an UST to a regulated substance containing greater than ten percent (10%) ethanol or greater than twenty percent (20%) biodiesel.

5903.3 Each owner or operator of an UST system storing a regulated substance identified in § 5903.2 shall demonstrate compatibility of the UST system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment) with the regulated substance by:

Certification or listing of the UST system equipment or components for use with the regulated substance in American Petroleum Institute Recommended Practice RP 1626, “Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations,” or an alternative industry standard or code of practice approved by the Department in accordance with § 5506;

Equipment or component manufacturer approval in writing, affirmatively stating the equipment or component is compatible with the regulated substance stored and specifying the range of biofuel blends with which the equipment or component is compatible; or

(c) Another option determined by the Department to be no less protective of human health and the environment than the options listed in paragraphs (a) and (b) of this subsection.

5903.4 Each owner or operator shall maintain records documenting compliance with §§ 5903.2 and 5903.3 for as long as the UST system is used to store the regulated substance.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5903

20 DCMR § 5904 WALKTHROUGH INSPECTIONS

5904.1 Each owner or operator shall conduct inspections and perform repairs as necessary in accordance with this section. The first inspection shall be performed no later than October 13, 2021 and subsequent inspections shall be performed in accordance with the schedule provided in this section.

5904.2 Every thirty (30) days, each owner or operator shall conduct a walkthrough inspection that, at a minimum, checks the following equipment as specified below, except that spill prevention equipment associated with UST systems receiving deliveries at intervals greater than every thirty (30) days may be checked prior to each delivery:

(a) For spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment device): open and visually check for any damage, remove any liquid or debris, check for and remove obstructions in the fill pipe, check each fill cap to make sure it is securely on the fill pipe, and check for a leak in the interstitial area;

(b) For monitoring pipes or observation wells: check covers to make sure they are secured; and

(c) For release detection equipment: check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present, and ensure records of release detection testing are reviewed and are current, as specified in § 6000.

5904.3 Once a year, each owner or operator shall conduct a walkthrough inspection that, at a minimum, checks equipment as specified below:

(a) For containment sumps and under dispenser containment or dispenser cabinets: open and visually check for any damage, leaks to the containment area, or releases to the environment; remove any liquid (in contained areas) or debris; and check for a leak in the interstitial area; and

(b) For hand held release detection equipment: check devices such as tank gauge sticks or groundwater bailers for operability and serviceability.

4 Petroleum Equipment Institute Recommended Practice RP 900, “Recommended Practices for the Inspection and Maintenance of UST Systems” may be used to comply with the requirements of §§ 5904.2 and 5904.3.

5904.5 Owners and operators of heating oil tanks with a capacity of less than one thousand one hundred (1,100) gallons are exempt from the requirement to perform monthly walkthrough inspections.

5904.6 The owner and operator shall prepare a record following each inspection that includes a description of each area inspected, whether the area inspected was acceptable or needed to have some action taken, a description of any actions taken, and delivery records if spill prevention equipment is not checked at least every thirty (30) days.

5904.7 Owners and operators shall maintain records of inspections required by this section for a period of ten (10) years.

History

SOURCE: Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 5904

20-60 UNDERGROUND STORAGE TANKS - RELEASE DETECTION

20 DCMR § 6000 RELEASE DETECTION – GENERAL PROVISIONS

6000.1 The owner or operator of each new or existing UST system shall utilize a method, or combination of methods, of release detection that meets the requirements of this section.

6000.2 The release detection method(s) utilized shall be suitable for the UST system according to the manufacturer's certification of performance.

6000.3 The owner or operator of each UST system shall comply with the release detection requirements for piping set forth in § 6004.

6000.4 If the owner or operator of any UST system cannot utilize a method of release detection that complies with the requirements of this chapter, the owner or operator shall close the UST in accordance with Chapter 61.

6000.5 Each release detection system shall be capable of detecting a release from any portion of the tank and also from the connected underground piping that contains or conveys a regulated substance.

6000.6 Each release detection system, including electronic and mechanical components, shall be installed, calibrated, operated, and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition.

6000.7 Each release detection system shall meet the applicable performance requirements for the particular system in §§ 6004 through 6013.

6000.8 An owner or operator shall not install a release detection system unless the equipment manufacturer or installer provides written performance claims, including a description of the manner in which the claims were derived or tested.

6000.9 Each release detection method or system shall be capable of detecting the leak rate or quantity specified for the method in this chapter, with a probability of detection of at least ninety-five percent (95%) and a probability of false alarm of no more than five percent (5%).

6000.10 The Department will not approve a leak detection method or system that does not meet the requirements of this section, presents a safety hazard, or lacks performance data proving the reliability of the method under normal installation and operating conditions.

6000.11 When a release detection system does not perform in accordance with the manufacturer's performance requirements or the requirements of this chapter, the owner or operator shall repair or replace the release detection system within forty-five (45) days of the date of improper performance in accordance with the provisions of this chapter, unless an alternate release detection system that complies with the requirements of this chapter is in use.

6000.12 The owner or operator shall notify the Department within twenty-four (24) hours of the expiration of the forty-five (45) day period set forth in § 6000.11 if the release detection system is not repaired or replaced, and shall comply with the temporary closure requirements set forth in § 6100, unless an alternate release detection system that complies with the requirements of this chapter is in use.

6000.13 When a release detection method operated in accordance with the performance standards of §§ 6004 through 6013 indicates that a release may have occurred, the owner or operator shall notify the Department in accordance with the provisions of Chapter 62.

6000.14 The owner or operator of an UST system shall operate and maintain the release detection system, and test electronic and mechanical components, in accordance with one of the following:

(a) The manufacturer's instructions;

(b) Petroleum Equipment Institute Recommended Practice RP1200, “Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities”; or

6000.15 The owner or operator shall have a certified UST System Technician or UST System Tester test the proper operation of the release detection system at least annually, including, as applicable to the facility:

(a) For automatic tank gauge and other controllers: test alarm, verify system configuration, and test battery backup;

(b) For probes and sensors: inspect for residual buildup, ensure floats move freely, ensure shaft is not damaged, ensure cables are free of kinks and breaks, test alarm operability and communication with controller;

(d) For vacuum pumps and pressure gauges: ensure proper communication with sensors and controller; and

(e) For hand-held electronic sampling equipment associated with groundwater and vapor monitoring: ensure proper operation.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6000

20 DCMR § 6001 RELEASE DETECTION RECORDKEEPING

6001.1 The owner or operator of each UST shall maintain records demonstrating compliance with this chapter in accordance with this section and § 5602.

6001.2 All written performance claims pertaining to any release detection system that is in use, including a description of the manner in which those claims have been justified or tested by the equipment manufacturer or installer, shall be maintained for at least ten (10) years after the date of installation.

6001.3 The results of any sampling, testing, or monitoring conducted under this chapter shall be maintained for at least ten (10) years, except as provided in § 6001.4.

6001.4 The results of tank tightness testing conducted in accordance with § 6007 shall be retained until the next tightness test is conducted.

6001.5 Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located at the UST facility shall be maintained for at least three (3) years after the servicing work is completed.

6001.6 All schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for at least ten (10) years from the date of installation of the release detection system.

6001.7 No later than October 13, 2021, an owner or operator using groundwater or vapor monitoring for release detection shall maintain a record of the site assessment conducted pursuant to §§ 6009.7 or 6010.7 for as long as the method is used. Records of site assessments developed after February 21, 2020 must be signed by a professional engineer or professional geologist, or equivalent licensed professional with experience in environmental engineering, hydrogeology, or other relevant technical discipline acceptable to the Department.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6001

20 DCMR § 6002 RELEASE DETECTION FOR HAZARDOUS SUBSTANCE UST SYSTEMS

6002.1 The owner or operator of each hazardous substance UST system shall provide release detection that meets the requirements of this section.

6002.2 Each hazardous substance UST system shall use secondary containment with interstitial monitoring in accordance with § 6011.

6002.3 The owner or operator shall check the secondary containment system for evidence of a release at least every thirty (30) days.

6002.4 The owner or operator shall test the secondary containment system every three (3) years to ensure that the interstitial area is liquid-tight or use continuous monitoring methods.

6002.5 For hazardous substance UST systems installed on or before February 8, 2007, the Department may approve an alternative method of release detection for a hazardous substance UST system if the owner or operator submits a request in accordance with § 5500.5 and:

(a) Demonstrates to the satisfaction of the Department that the proposed alternative method can detect a release of the stored substance as effectively as any of the methods allowed in §§ 6006 through 6012; and

(b) Provides information satisfactory to the Department on effective corrective action technologies, known and potential health risks, and the chemical and physical properties of the stored substance, and the physical characteristics of the UST system and facility.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6002

20 DCMR § 6003 RELEASE DETECTION FOR PETROLEUM UST SYSTEM TANKS

6003.1 Each owner or operator of a petroleum UST system shall provide release detection for tanks in accordance with the provisions of this section.

6003.2 The owner or operator of a petroleum UST system shall conduct release detection in accordance with the requirements for the release detection method set forth in §§ 6005 through 6012 of this chapter.

6003.3 At least once every thirty (30) days, each petroleum UST shall be monitored for a release using one of the methods listed in §§ 6008 through 6012, except as provided in § 6003.4.

6003.4 An owner or operator of a heating oil tank with a capacity of one thousand one hundred (1,100) gallons or more may use one of the following methods of release detection as the sole method of release detection:

Inventory control in accordance with § 6005; or

Tank tightness testing, once every three (3) years, in accordance with § 6007.

6003.5 The owner or operator of a petroleum UST that is not a heating oil tank, with a capacity of five hundred fifty (550) gallons or less, may use manual tank gauging in accordance with § 6006 as the sole method of release detection.

6003.6 The owner or operator of a petroleum UST, other than a heating oil tank or petroleum UST with a capacity of five hundred fifty (550) gallons or less, installed or replaced after February 8, 2007, shall check for evidence of a release at least once every thirty (30) days using interstitial monitoring.

6003.7 The owner or operator shall test the secondary containment system every three (3) years to ensure that the interstitial area is liquid-tight or use continuous monitoring methods.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6003

20 DCMR § 6004 RELEASE DETECTION FOR PETROLEUM UST SYSTEM PIPING

6004.1 The owner or operator of a petroleum UST system shall regularly monitor all underground piping that contains or conveys regulated substances for releases, in accordance with the provisions of this section.

6004.2 Each method of release detection for petroleum UST system piping, except piping associated with a heating oil tank installed on or before November 12, 1993, shall meet the requirements of this section.

6004.3 Underground piping that conveys pressurized regulated substances shall be equipped with an automatic line leak detector that alerts the operator to the presence of a leak by triggering an audible and visual alarm, or restricting or shutting off the flow of regulated substances through the piping.

6004.4 An automatic line leak detector shall detect, within one (1) hour, leaks of three gallons per hour (3 gal/hr) at ten pounds per square inch (10 psi) line pressure.

6004.5 The owner or operator of an UST shall annually test for the proper operation of the automatic line leak detector in accordance with the manufacturer's instructions.

6004.6 An owner or operator of an UST with underground piping that conveys pressurized regulated substances shall conduct a line tightness test annually in accordance with § 6004.8, or use monthly monitoring methods in accordance with § 6004.10.

6004.7 Except as provided in § 6004.9, an owner or operator of an UST with underground piping that conveys regulated substances under suction shall conduct a line tightness test at least once every three (3) years in accordance with § 6004.8, or use monthly monitoring methods in accordance with § 6004.10.

6004.8 Periodic line tightness testing of piping shall detect a leak rate of one tenth of a gallon per hour (0.1 gal/hr) at one and one half (1.5) times the operating pressure.

6004.9 No release detection is required for safe suction piping if:

(a) The below grade piping operates at less than atmospheric pressure;

(b) The below grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;

(d) The check valve is located directly below and as close as practical to the suction pump; and

(e) The owner or operator maintains documentation that the piping complies with paragraphs (a) through (d) of this subsection and the documentation is readily available for inspection by the Department.

6004.10 Except as provided in § 6004.11, an owner or operator may conduct monthly monitoring of piping using any of the methods of release detection for tanks in §§ 6009 through 6011 if the method used is designed to detect a release from any portion of the underground piping that contains or conveys regulated substances.

6004.11 The owner or operator of an UST with underground piping installed or replaced after February 8, 2007, shall check for evidence of a release from the underground piping at least once every thirty (30) days using interstitial monitoring in accordance with § 6011.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6004

20 DCMR § 6005 INVENTORY CONTROL AND STATISTICAL INVENTORY RECONCILIATION

6005.1 A release detection method that uses product inventory control shall meet the requirements of this section.

6005.2 An owner or operator may use product inventory control as the sole method of release detection only for heating oil tanks.

6005.3 Product inventory control shall be conducted monthly to detect a release of at least the combined amount of one percent (1%) of flow-through plus one hundred thirty (130) gallons on a monthly basis in the following manner:

Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank shall be recorded each operating day;

The measurement equipment used shall be capable of measuring the level of product over the full range of the tank's height to the nearest one eighth (1/8) of an inch;

The regulated substance inputs shall be reconciled with delivery receipts by measuring the tank inventory volume before and after delivery;

Each delivery shall be made through a drop tube that extends to within six (6) inches of the tank bottom;

Product dispensing shall be metered and recorded using devices that are registered with the Department of Consumer and Regulatory Affairs Office of Weights and Measures and in compliance with the Registration and Inspection of Weighing and Measuring Devices Amendment Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code §§ 37-201.01 et seq.), or within an accuracy of six (6) cubic inches for every five (5) gallons of regulated substance withdrawn; and

The water level at the bottom of the tank shall be measured at least once each month to the nearest one eighth (1/8) of an inch.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6005

20 DCMR § 6006 MANUAL TANK GAUGING

6006.1 A release detection method that uses manual tank gauging shall meet the requirements of this section.

6006.2 An owner or operator may use manual tank gauging as the sole method of release detection only for a petroleum UST that is not a heating oil tank with a capacity of five hundred fifty (550) gallons or less.

6006.3 Manual tank gauging shall be conducted weekly.

6006.4 An owner or operator using manual tank gauging shall measure the liquid level in the tank at the beginning and end of a period of at least thirty-six (36) hours, during which no liquid is added to or removed from the tank. Each measurement shall be based on an average of two (2) consecutive stick readings. The measurements shall be recorded and maintained in accordance with § 5602.

6006.5 The equipment used for manual tank gauging shall be capable of measuring the level of product over the full range of the height of the tank to the nearest one eighth (1/8) of an inch.

6006.6 If the difference between the measurements at the beginning and end of a single weekly test exceeds ten (10) gallons, or if the average difference between the measurements at the beginning and end of four (4) consecutive weekly tests exceeds five (5) gallons, the owner or operator shall follow the requirements of Chapter 62 for a suspected release.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6006

20 DCMR § 6007 TANK TIGHTNESS TESTING

6007.1 A release detection method that uses tank tightness testing shall meet the requirements of this section.

6007.2 An owner or operator may use tank tightness testing as the sole method of release detection only for heating oil tanks.

6007.3 Tank tightness testing shall be capable of detecting a leak rate of one tenth of a gallon per hour (0.1 gal/hr) from any portion of the tank that regularly contains or conveys a regulated substance, and shall account for the effects of the following factors when detecting a leak rate:

(a) Thermal expansion or contraction of the regulated substance;

(b) Vapor pockets;

(d) Evaporation and condensation; and

(e) The location of the water table at the facility.

6007.4 An owner or operator shall conduct a tightness test in accordance with this section to satisfy the installation, upgrade, and/or repair requirements set forth in Chapters 57 through 59 before operating the newly installed, upgraded, and/or repaired UST system.

6007.5 An owner or operator shall use tightness testing in accordance with this section to confirm a suspected release under § 6203.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6007

20 DCMR § 6008 AUTOMATIC TANK GAUGING

6008.1 A release detection method using automatic tank gauging equipment that tests for the loss of product and conducts inventory control shall meet the requirements of this section.

6008.2 The owner or operator shall ensure that the tank gauging probe is installed as close as possible to the middle of the tank and is not located adjacent to the fill pipe or submersible pump.

6008.3 An automatic product level monitor test shall be capable of detecting a leak rate of two tenths of a gallon per hour (0.2 gal/hr) from any portion of the tank that routinely contains a regulated substance.

6008.4 A tank installed after November 12, 1993, shall be installed horizontally without tank tilt if automatic tank gauging is used as a method of release detection.

6008.5 The automatic tank gauging system shall be inspected at least every thirty (30) days to ensure that it is operating correctly.

6008.6 The automatic tank gauging equipment shall meet the inventory control requirements of § 6005.3.

6008.7 The owner or operator shall perform the test for loss of product with the system operating in one of the following modes:

(a) In-tank static testing conducted at least once every thirty (30) days; or

(b) Continuous in-tank leak detection operating on an uninterrupted basis or alternatively, operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least once every thirty (30) days.

6008.8 An owner or operator of an UST system installed after February 8, 2007, may use automatic tank gauging as a release detection method only if secondary containment and interstitial monitoring methods are also used.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6008

20 DCMR § 6009 VAPOR MONITORING

6009.1 A release detection method that monitors or tests for vapors within the soil gas of the excavation zone shall meet the requirements of this section.

6009.2 The materials used as backfill (such as gravel, sand, crushed rock, or similar materials) shall be sufficiently porous to readily allow diffusion of vapors from releases into the excavation zone.

6009.3 The stored regulated substance, or a tracer compound placed in the tank system, shall be sufficiently volatile to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank.

6009.4 The monitoring device measuring vapors shall not be rendered inoperative or less effective by groundwater, rainfall, soil moisture, or any other known interference to the point that a release could go undetected for more than fifteen (15) days.

6009.5 The level of background contamination in the excavation zone shall not interfere with the vapor monitoring method used to detect releases from the tank.

6009.6 The vapor monitor used shall be designed and operated to detect any significant increase above the background concentration in the excavation zone of:

(a) The regulated substance stored in the tank system;

(b) A component or components of the regulated substance; or

6009.7 Before using vapor monitoring, the owner or operator shall assess the excavation zone to ensure compliance with §§ 6009.2 through 6009.6 and determine the number and positioning of monitoring wells required to detect releases within the excavation zone from any portion of the tank that routinely contains regulated substances. The owner or operator shall install monitoring wells in accordance with the assessment before operating the UST system.

6009.8 Monitoring wells shall be clearly marked and secured to avoid unauthorized access and tampering. Monitoring wells shall not be marked in any way that could be associated with a regulated substance stored at the facility.

6009.9 An owner or operator of an UST system installed after February 8, 2007, may use vapor monitoring as a release detection method only if secondary containment and interstitial monitoring methods are also used.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6009

20 DCMR § 6010 GROUNDWATER MONITORING

6010.1 A release detection method that tests or monitors for regulated substances in the groundwater or in the tank excavation zone shall meet the requirements of this section.

6010.2 The regulated substance stored shall be immiscible in water and have a specific gravity of less than one (1).

6010.3 The groundwater shall never be more than twenty feet (20 ft) from the ground surface, and the hydraulic conductivity of the soil(s) between the UST system and the monitoring wells or devices shall not be less than one hundredth of a centimeter per second (0.01 cm/s). The soil should consist of gravel, coarse to medium sand, coarse silt, or other permeable materials.

6010.4 The slotted portion of the monitoring well casing shall be designed to prevent the migration of natural soils or filter pack into the well, while allowing entry of any regulated substance on the water table into the well, under both high and low groundwater conditions.

6010.5 Monitoring wells shall be sealed from the ground surface to the top of the filter pack in accordance with the requirements of 21 DCMR Chapter 18.

6010.6 Monitoring wells or devices shall intercept the excavation zone or be as close to the excavation zone as is technically feasible.

6010.7 Before using groundwater monitoring methods, the owner or operator shall assess the excavation zone and area immediately below the excavation zone to ensure compliance with §§ 6010.2 through 6010.6, and determine the number and position of monitoring wells or devices that will detect releases within the excavation zone from any portion of the tank that routinely contains a regulated substance. The owner or operator shall install monitoring wells or devices in accordance with the assessment before operating the UST system. A minimum of two (2) monitoring wells shall be required in each excavation zone.

6010.8 The continuous monitoring devices or manual methods used shall be capable of detecting the presence of at least one eighth (1/8) of an inch of free product on top of the groundwater in a monitoring well.

6010.9 Each monitoring well shall be clearly marked and secured to avoid unauthorized access and tampering.

6010.10 An owner or operator of an UST system installed after February 8, 2007, may use groundwater monitoring a release detection method only if secondary containment and interstitial monitoring methods are also used.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6010

20 DCMR § 6011 INTERSTITIAL MONITORING

6011.1 Interstitial monitoring between an UST system and a secondary barrier immediately around or beneath the UST system shall meet the requirements of this section.

6011.2 The owner or operator of an UST system installed or replaced after February 8, 2007 shall check for evidence of a release at least once every thirty (30) days using interstitial monitoring.

6011.3 An interstitial monitoring system shall be designed, constructed, and installed to detect a leak from any portion of the tank or piping that routinely contains a regulated substance.

6011.4 Where vacuum monitoring is utilized, the vacuum shall be maintained at not less than five (5) inches of mercury, and shall not exceed manufacturer's instructions.

6011.5 If the vacuum falls below five (5) inches of mercury, the owner or operator shall follow the requirements of Chapter 62 for a suspected release.

6011.6 A vacuum shall not be re-instituted more frequently than once every three (3) months without prior approval of the Department.

6011.7 For double-walled USTs, the sampling or testing method shall be capable of detecting a leak through the inner wall in any portion of the tank that routinely contains a regulated substance.

6011.8 For tanks with an internally fitted liner, an automated device shall be used that is capable of detecting a leak between the inner wall of the tank and the liner. The liner shall be compatible with the substance stored.

6011.9 For UST systems with a secondary barrier within the excavation zone, the secondary barrier shall meet the following requirements:

(a) The secondary barrier around or beneath the UST shall consist of synthetic constructed material that is sufficiently thick and impermeable to direct a leak to the monitoring point and permit its detection, and the permeability shall be not greater than one millionth of a centimeter per second (10-6 cm/s) for the regulated substance stored;

(b) The barrier shall be compatible with the regulated substance stored so that a leak from the UST will not cause a deterioration of the barrier sufficient to allow a release to pass through undetected; and

(c) If the tank is cathodically protected, the barrier shall be installed so that it does not interfere with the proper operation of the cathodic protection system.

6011.10 An UST with a secondary barrier within the excavation zone shall use a sampling or testing method that is capable of detecting a release between the UST and the secondary barrier.

6011.11 The testing or sampling method used shall not be rendered inoperative or less effective by groundwater, rainfall, soil moisture, or any other known interference to the point that a release could go undetected for more than thirty (30) days.

6011.12 The owner or operator of an UST system with a secondary barrier within the excavation zone shall assess the facility to ensure that the secondary barrier is always above the groundwater and not located in a twenty-five (25) year floodplain, unless the barrier and monitoring designs are designed for use under those conditions.

6011.13 The monitoring wells for each UST with a secondary barrier within the excavation zone shall be clearly marked and secured to avoid unauthorized access and tampering.

6011.14 Interstitial monitoring alarms are an unusual operating condition that shall be reported as specified under § 6202.5.

6011.15 If a system test confirms a leak in either the inner or outer tank wall or liner, effectively rendering the tank a single wall tank, the owner or operator shall repair, replace, upgrade, or close the UST as specified in § 6203.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6011

20 DCMR § 6012 STATISTICAL INVENTORY RECONCILIATION

6012.1 A release detection method based on the application of statistical principles to inventory data similar to those described in § 6005 shall meet the requirements of this section.

6012.2 Statistical inventory reconciliation shall be conducted monthly and shall:

Report a quantitative result with a calculated leak rate;

Be capable of detecting a leak rate of two tenths of a gallon per hour (0.2 gal/hr) or a release of one hundred fifty (150) gallons within thirty (30) days; and

Use a threshold for declaring a leak that does not exceed one half of the minimum detectible leak rate.

6012.3 An owner or operator using statistical inventory reconciliation shall verify the accuracy of the selected statistical inventory reconciliation method using a separate test procedure to confirm that the method can detect leaks at the required level in accordance with § 6012.2 and with the probabilities of detection and false alarm required in § 6000.9.

6012.4 An owner or operator using statistical inventory reconciliation shall ensure that the accuracy of the selected method has been evaluated and verified through independent third party certification and shall maintain these evaluation records for a period of ten (10) years.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6012

20 DCMR § 6013 OTHER METHODS OF RELEASE DETECTION

6013.1 An owner or operator of an UST system installed on or before February 8, 2007 may apply to the Department for approval of another method of release detection by submitting a written request describing the method to the Department in accordance with § 5500.5.

6013.2 For UST systems installed on or before February 8, 2007, the Department may approve an application for the use of another method of release detection only if the owner or operator demonstrates that the method is capable of detecting a release as effectively as any of the methods allowed in §§ 6007 through 6012 and meets the requirements of this section.

6013.3 The alternative release detection method, or combination of methods, shall be capable of detecting either of the following:

(a) A leak rate of two tenths of a gallon per hour (0.2 gal/hr); or

(b) A release of one hundred fifty (150) gallons within a month.

6013.4 The alternative release detection method shall detect a leak rate or quantity in § 6013.3 with a probability of detection of at least ninety-five percent (95%) and a probability of false alarm no more than five percent (5%).

6013.5 In comparing methods, the Department shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected.

6013.6 If an alternative method is approved, the owner or operator shall comply with any conditions imposed by the Department on its use.

6013.7 For any tanks installed or replaced after February 8, 2007, alternatives to interstitial monitoring shall not be approved or used.

History

SOURCE: Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6013

20-61 UNDERGROUND STORAGE TANKS - OUT-OF-SERVICE AND CLOSURE OF UST SYSTEMS

20 DCMR § 6100 TEMPORARY CLOSURE

6100.1 For purposes of this section, an UST shall be deemed temporarily closed when it is taken out of service for any reason and is not being used to receive or dispense product.

6100.2 When an UST is temporarily closed, the owner or operator of the UST shall comply with the requirements of this section.

6100.3 An UST in temporary closure is subject to the registration requirements in § 5601 and the corrosion protection requirements in § 5901.

6100.4 A heating oil tank shall not be deemed temporarily closed until fifteen (15) months after it is last used to receive or dispense product, unless it cannot be used to dispense product in accordance with the UST Regulations.

6100.5 The owner or operator of an UST shall submit a temporary closure notification form, which is available on the Department’s website at https://doee.dc.gov/page/ust-forms-guidance-and-public-documents, to the Department at least thirty (30) days prior to the temporary closure of the UST.

6100.6 The UST shall be emptied of product in accordance with § 6100.9 during temporary closure.

6100.7 During the period when the UST system is temporarily closed and still contains product, the owner or operator shall comply with release detection requirements in Chapter 60.

6100.8 If a release is suspected or confirmed during the period when the UST is temporarily closed, the owner or operator shall immediately comply with § 6100.9 and the applicable requirements of Chapter 62.

6100.9 Within ninety (90) days after an UST is temporarily closed, the owner or operator shall do the following:

(a) Remove all regulated substances from the UST and keep the UST empty for the balance of the temporary closure period. The UST system shall be deemed to be empty when all materials have been removed using commonly employed practices so that either of the following is achieved:

(1) No more than two and one half centimeters (2.5 cm) of residue remains in the UST; or

(2) No more than three tenths of one percent (0.3%) by weight of the total capacity of the UST system remains in the system;

(b) Ensure that all vent lines are open and functioning;

(d) Within seven (7) days after completing the activities required by §§ 6100.9(a) through (c), the owner or operator shall submit to the Department an amended UST facility notification form pursuant to § 5600.1 that is:

(i) Signed by the UST System Technician who performed the activities stated in §§ 6100.9(a) through (c); or

(ii) Signed by an UST System Technician who has inspected and verified that the owner or operator performed the activities stated in §§ 6100.9(a) through (c).

6100.10 Except as provided in §§ 6100.11 through 6100.12, the owner or operator shall permanently close the UST in accordance with the requirements of § 6101 once the UST has been temporarily closed for twelve (12) months.

6100.11 The owner or operator may submit a written request for an extension to the Department not less than thirty (30) days before the expiration of the twelve (12) month temporary closure period. The request for extension shall include results of a site assessment, conducted in accordance with §§ 6101.10 through 6101.12, of the soil and groundwater conditions near the UST and information about any corrective action taken to address any contamination discovered by the assessment due to any release from the UST.

6100.12 The Department may approve a request for extension of the temporary closure period for two (2) additional twelve (12) month periods. The Department may approve additional extensions only if the Director determines that the additional extension is justified based on good cause shown.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6100

20 DCMR § 6101 PERMANENT CLOSURE AND CHANGE-IN-SERVICE

6101.1 Each responsible party permanently closing an UST or changing the use of the UST to storage of a non-regulated substance (a change-in-service) shall comply with the requirements of this section.

6101.2 Not less than two (2) weeks before a permanent closure or a change-in-service of an UST, the responsible party shall notify the Department by submitting an UST activity notification form, which is available on the Department’s website at https://doee.dc.gov/page/ust-forms-guidance-and-public-documents. Notice is not required if such action is taken pursuant to a corrective action plan approved by the Department.

6101.3 The responsible party may use the following codes of practice, or an alternative industry standard or code of practice approved by the Department in accordance with § 5506, to comply with the cleaning and closure requirements of this section:

American Petroleum Institute Recommended Practice RP 1604, “Closure of Underground Petroleum Storage Tanks”;

American Petroleum Institute Standard 2015, “Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry From Decommissioning Through Recommissioning”;

American Petroleum Institute Recommended Practice RP 2016, “Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks”; or

National Fire Protection Association Standard 326, “Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair.”

6101.4 Before a change-in-service, the responsible party shall empty and clean the tank by removing and properly disposing of all liquid and all accumulated sludge in compliance with applicable laws and regulations.

6101.5 Before an UST system is removed from the ground, the responsible party shall empty the UST system, if it is not already emptied during the temporary closure period, and clean it by removing and properly disposing of all liquids and all accumulated sludge in compliance with applicable laws and regulations.

6101.6 For each UST system that is to be closed permanently, the responsible party shall remove the tank from the ground, unless a tank removal variance is granted by the Department pursuant to § 6101.7.

6101.7 A responsible party may apply for a tank removal variance (for closure-in-place) by submitting the following documents:

(a) A written request for a tank removal variance;

(b) Written certification of the existence of the conditions stated in § 6101.8, with supporting documentation, from a professional engineer licensed in the District; and

(c) A tank interior inspection report or the results of analysis of soil borings taken from soil adjacent to the tank if the interior cannot be inspected.

6101.8 The Department may grant a tank removal variance if removal of the tank is likely to cause substantial structural damage to buildings or other improvements on the property, or there are other circumstances that make removal of the tank infeasible.

6101.9 If the Department grants a variance, the responsible party shall ensure that the tank is emptied, cleaned, and filled with an inert solid material, such as cement, or another material approved by the Department in accordance with § 5500.5.

6101.10 Before a change-in-service or permanent closure of an UST, the responsible party shall conduct a closure assessment of the excavation zone to test for the presence of a release in the areas around the UST system where contamination is most likely to be present.

6101.11 In selecting sample types, sample locations, and analytical methods for the closure assessment, the responsible party shall consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release. The responsible party shall comply with any directives that may be issued by a Department inspector regarding the number of samples and the location of soil borings or groundwater monitoring wells.

6101.12 If contaminated soil, contaminated groundwater, free product, or vapor are discovered during the closure assessment, or by any other manner, the responsible party shall begin corrective action in accordance with the applicable provisions of Chapter 62, except as provided in § 6101.15.

6101.13 Soil excavated during removal or corrective action shall be handled as follows:

Soil that has been tested and that does not exceed Tier 0, or Tier 1 for total petroleum hydrocarbon gasoline range organics (TPH-GRO) on sites with current or future residential use, screening levels may be placed on the site and shall be covered with plastic as a soil erosion control measure until backfilled or permanently stabilized;

Soil that exceeds Tier 0, or Tier 1 for TPH-GRO on sites with current or future residential use, standards shall be treated or properly disposed of at an approved disposal location;

When approved by the Department, excavated soil may be stockpiled at the excavation site for no more than ten (10) business days pending completion of testing and analysis for contaminants; and

Soil shall not be placed on another property unless specifically approved by the Department in accordance with § 5500.5.

6101.14 Soil that exceeds Tier 0, or Tier 1 for TPH-GRO on sites with current or future residential use, risk-based screening levels shall not be returned to the excavation pit or used on the site without treatment.

6101.15 If a release of a regulated substance has occurred, the responsible party shall evaluate the excavation zone as follows:

Remove contaminated soils to a depth of at least five feet (5 ft) below the tank bottom and a width of at least five feet (5 ft) from the sides of the tank;

Assess the excavation zone for evidence of contamination (such as free product or vapors requiring initial response, initial abatement actions, or free product removal pursuant to §§ 6203 or 6204) and sample the remaining soil for chemicals of concern;

If the levels of chemicals of concern in the remaining soil exceed the Tier 1 screening levels, take at least one (1) groundwater sample to determine whether any chemicals of concern in groundwater exceed the Tier 1 screening levels;

(d) Remove additional soil from the excavation zone as necessary until the levels of chemicals of concern in the remaining soil are below Tier 1 screening levels, the groundwater does not exceed the Tier 1 screening levels, and there is no other evidence of contamination; and

(e) If the criteria set forth in paragraph (d) of this subsection cannot be met, begin corrective action in accordance with the applicable provisions of Chapter 62.

6101.16 Within thirty (30) days after completing the permanent closure or change-in-service, the responsible party shall submit to the Department a closure assessment report in a format provided by the Department and submit an amended UST facility notification form, both of which are available on the Department’s website at https://doee.dc.gov/page/ust-forms-guidance-and-public-documents. The Department may open a LUST case and require additional site assessment and cleanup according to Chapter 62.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6101

20 DCMR § 6102 PREVIOUSLY CLOSED UST SYSTEMS

6102.1 If the Department determines that any release or suspected release from an UST system that was closed-in-place, removed, or temporarily closed poses a current or potential threat to human health and the environment, the Department may direct a responsible party to assess the excavation zone and take appropriate corrective action, including closure of the UST system in accordance with § 6101 if it is not already permanently closed.

6102.2 If the Department determines that an UST system has not been temporarily closed or closed-in-place in accordance with this chapter, the Department may direct a responsible party to permanently close the UST system and assess the excavation zone in accordance with § 6101.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6102

20 DCMR § 6103 CLOSURE RECORDS

6103.1 Each responsible party shall maintain records in accordance with § 5602 that demonstrate compliance with closure requirements of this chapter.

6103.2 The responsible party shall retain the results of a closure assessment required under § 6101.10 for at least ten (10) years after permanent closure or change-in-service or deliver the records to the Department in accordance with the provisions of § 5602.6.

6103.3 After ten (10) years, the responsible party shall deliver all records demonstrating compliance with this chapter to the Department.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6103

20-62 UNDERGROUND STORAGE TANKS - REPORTING OF RELEASES, INVESTIGATION, CONFIRMATION, ASSESSMENT AND CORRECTIVE ACTION

20 DCMR § 6200 OBLIGATIONS OF RESPONSIBLE PARTIES - RELEASES, SPILLS, AND OVERFILLS

6200.1 All responsible parties are subject to the requirements of this chapter.

6200.2 If the actions required by this chapter are not taken, the Department may undertake the corrective action and any responsible party shall be liable to the District government for the costs of any corrective action taken.

6200.3 Nothing in this chapter shall be construed to alter the private rights and liabilities between a neighboring property owner and a responsible party, or to relieve a responsible party of any liability he or she may have under statutory or common law for causing the release of the regulated substance which migrated onto a neighboring property.

6200.4 The provisions of 40 CFR §§ 280.200 through 280.230 (Lender Liability) are incorporated by reference and shall apply to all existing and future security interests, including holders of security interests as defined in 40 CFR § 280.200(d).

6200.5 For purposes of this chapter, a voicemail message shall not be considered telephone notification.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6200

20 DCMR § 6201 REPORTING AND CLEANUP OF SPILLS AND OVERFILLS

6201.1 A responsible party shall take immediate action to contain and clean up any spill or overfill of a regulated substance from an UST system.

6201.2 A responsible party shall immediately report any spill or overfill of a regulated substance from an UST system when there is any danger of fire or explosion to the Department by telephone at (202) 535-2600 or by e-mail at ust.doee@dc.gov, and to the District Fire Chief at (202) 727-1614.

6201.3 A responsible party shall immediately contain and clean up a spill or overfill of petroleum that is less than twenty-five (25) gallons. If the cleanup cannot be completed within twenty-four (24) hours, the responsible party shall immediately notify the Department by telephone or e-mail as stated in § 6201.2.

6201.4 If a spill or overfill of petroleum results in a release to the environment of more than twenty-five (25) gallons, a responsible party shall report the release to the Department by telephone or e-mail as stated in § 6201.2 within twenty-four (24) hours of the occurrence. The responsible party shall begin corrective action in accordance with the applicable provisions of this chapter.

6201.5 A responsible party shall immediately report any spill or overfill of a hazardous substance to the Department by telephone or e-mail and the District Fire Chief as stated in § 6201.2, and to the District Homeland Security and Emergency Management Agency at (202) 727-6161. The responsible party shall immediately contain and clean up the spill or overfill. If the cleanup cannot be completed within twenty-four (24) hours, the responsible party shall begin corrective action in accordance with the applicable provisions of this chapter.

6201.6 In addition to the requirements of § 6201.5, if a spill or overfill of a hazardous substance results in a release to the environment that equals or exceeds the Comprehensive Environmental Response, Compensation, and Liability Act reportable quantity for the substance under 40 CFR Part 302 (Designation, Reportable Quantities, and Notification), a responsible party shall also report the release to the federal government's National Response Center at (800) 424-8802.

6201.7 If a spill or overfill of petroleum causes a sheen on surface water (such as a lake, pond, stream, river, or creek), a responsible party shall immediately report the release to the Department by telephone or e-mail as stated in § 6201.2, to the District Homeland Security and Emergency Management Agency at (202) 727-6161, and to the National Response Center at (800) 424-8802.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6201

20 DCMR § 6202 REPORTING OF RELEASES OF REGULATED SUBSTANCES

6202.1 A responsible party who has reason to suspect a release from an UST shall notify the Department by telephone or e-mail as stated in § 6201.2 within twenty-four (24) hours.

6202.2 The following persons who know of, or have reason to suspect, a release from an UST system shall notify the owner or operator of the release or suspected release immediately, and notify the Department by telephone or e-mail as stated in § 6201.2 within twenty-four (24) hours of first having knowledge of the release or suspected release:

Any authorized agent, contractor, or consultant for a responsible party;

Any person who tests, installs, or permanently closes tanks;

Any person who engages in site investigation, assessment, remediation, or geotechnical exploration; or

Any public utility company or authorized agent of a public utility company.

6202.3 The notification of a release or suspected release to the Department shall include, if known:

The name of the UST system’s owner and operator, and any other responsible party;

The location, date, time, volume, source, and cause of the release or suspected release;

The substance released or suspected to have been released;

Any immediate or ongoing action taken to mitigate the release;

Any hazardous conditions caused by the release; and

Any potential environmental hazard caused by the condition of the UST system.

6202.4 A responsible party shall not knowingly allow any release from an UST system to continue, and shall investigate and repair the problem causing the release as soon as possible.

6202.5 Each owner or operator of an UST system shall report the following conditions to the Department by telephone or e-mail as stated in § 6201.2 within twenty-four (24) hours of learning of the condition and shall follow the procedures in § 6203 whenever there is:

(a) A discovery of released regulated substances at the UST facility or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, or nearby surface water);

(b) Unusual operating conditions in the UST system (such as erratic behavior of product dispensing equipment, sudden loss of product from the UST system, unexplained presence of water in the tank, or liquid in the interstitial space of a secondarily contained system), unless:

(1) The system equipment or component is found not to be releasing regulated substances to the environment;

(2) Any defective system equipment or component is immediately repaired or replaced; and

(3) For a secondarily contained system, except as provided for in § 6011.11, any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed.

(c) Monitoring results, including an alarm, from a release detection method required under §§ 6002 through 6013, that indicate a release may have occurred unless:

(1) The monitoring device is found to be defective and is immediately repaired, recalibrated, or replaced, and additional monitoring does not confirm the initial result;

(2) The leak is contained in the secondary containment and:

(A) Except as provided for in § 6011.11, any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed; and

(B) Any defective system equipment or component is immediately repaired or replaced;

(3) When using the inventory control method described in § 6005, a second month of data does not confirm the initial result or an investigation determines that no release has occurred; or

(4) The alarm was investigated and the cause is determined to be a non-release event (for example, from a power surge or caused by filling the tank during release detection testing).

6202.6 A responsible party shall immediately investigate a suspected release or condition listed in § 6202.5 using the procedures in § 6203, and shall confirm whether a release has occurred within seven (7) days of the suspected release or discovery of the condition.

6202.7 If the Department has reason to believe a release has occurred, the Department may require the owner or operator of the UST to follow the procedures in § 6203.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6202

20 DCMR § 6203 SITE INVESTIGATION, CONFIRMATION OF RELEASE, INITIAL ABATEMENT, AND INITIAL SITE ASSESSMENT

6203.1 When a release, or leak into the interstitial area of a secondarily contained system, is suspected, a responsible party shall conduct tightness testing in accordance with §§ 5902.7, 6004.8, and 6007 to determine whether:

A leak exists in the portion of the tank that routinely contains a regulated substance or in the attached delivery piping; or

A breach of either wall of the secondary containment has occurred.

6203.2 If the tightness test confirms a leak into the interstitial area or a release, the responsible party shall repair, replace, upgrade, or close the UST system, and begin corrective action in accordance with this chapter.

6203.3 The responsible party may use the UST system to store regulated substances before completing corrective action only if the source and cause of the leak or release has been identified and remedied.

6203.4 A responsible party shall also conduct a site investigation, as set forth in §§ 6203.5 through 6203.7, if:

(a) The tightness test results for the system, tank, or delivery piping indicate that a release has occurred; or

(b) The environmental contamination detected by visual or analytical data indicates that a release has occurred.

6203.5 When conducting a site investigation, the responsible party shall test for the presence of a release where contamination is most likely to be present at the UST site.

6203.6 In selecting the sample types, sample locations, and measurement methods for a site investigation, the responsible party shall consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, the presence of a basement sump pump, and other factors appropriate for identifying the presence of a released substance and the source of the release. The responsible party shall comply with any Department directives, available on the Department’s website at https://doee.dc.gov/page/ust-forms-guidance-and-public-documents, regarding sample types, sample locations, measurement methods, and sampling protocols.

6203.7 If the sample results of the site investigation do not confirm that a release has occurred, no further investigation is required.

6203.8 Upon discovery of a release or confirmation of a suspected release, a responsible party shall perform the following initial response actions:

(a) Immediately identify and mitigate any fire, explosion, and vapor hazards;

(b) Take immediate action to prevent any further release of the regulated substance into the environment;

If the notification under § 6202 was of a suspected release or condition listed in § 6202.5, notify the Department by telephone or e-mail and the District Fire Chief, as stated in § 6201.2, no later than twenty-four (24) hours after confirmation of the release or of a false alarm; and

Submit a written report containing the information required in § 6202.3 to the Department, in accordance with § 5500.4, within seven (7) days of discovery or confirmation of the release.

6203.9 Section 6203.8 does not apply to any UST system exempt from the UST regulations under § 5501.3, or to any UST system subject to the corrective action requirements under § 3004(u) of the Solid Waste Disposal Act, 42 USC § 6924(u), as amended.

6203.10 Upon discovery of a release or confirmation of a suspected release, a responsible party shall take the following initial abatement actions:

(a) Remove all regulated substance from the UST, unless the Department approves removal of a lesser amount that is sufficient to prevent further release to the environment;

(b) Visually inspect any aboveground releases or exposed belowground releases and prevent further migration of the released substance into surrounding soils and groundwater; and

(c) Continue to monitor and mitigate any fire and safety hazards posed by vapors or free product that have migrated from the excavation zone and entered into subsurface structures (such as sewers or basements).

6203.11 A responsible party shall remedy hazards posed by contaminated soils that are excavated or exposed as a result of site investigation, release confirmation, abatement, or corrective action activities. If the remedy includes treatment or disposal of soil, the responsible party shall comply with all applicable provisions of District laws and regulations, including 21 DCMR Chapters 5, 7, 8, and 20.

6203.12 Upon discovery of a release or confirmation of a suspected release, a responsible party shall conduct an initial site assessment that evaluates conditions within the property boundaries of the property where the UST is located, and prepare an initial site assessment report summarizing the results, which includes the following actions:

Unless the presence, source, and cause of the release have been confirmed in the site investigation required by § 6203.4 or the closure assessment in § 6101.10, test for the presence of a regulated substance by taking soil borings and by installing groundwater or soil vapor monitoring wells where contamination is most likely to be present at the UST facility;

In selecting the sample types, sample locations, and measurement methods to test pursuant to § 6203.12(a), consider the nature of the stored substance, the type of backfill, depth to groundwater, and other factors as appropriate for identifying the presence and source of the release;

Analyze and summarize the levels of contaminants in the soil borings and groundwater samples;

(d) Summarize the initial response actions taken pursuant to § 6203.8; and

(e) Summarize the initial abatement actions taken pursuant to § 6203.10.

6203.13 Upon discovery of a release or confirmation of a suspected release, a responsible party shall determine whether free product is present. If any phase of the site investigation determines that free product is present, the responsible party shall begin free product removal as soon as practicable in accordance with § 6204.

6203.14 Within sixty (60) days after release confirmation, a responsible party shall submit to the Department, in accordance with § 5500.4, an initial site assessment report prepared pursuant to § 6203.12 for review, and if applicable, include the first status report on the removal of free product. If further assessment is needed to determine the nature and extent of contamination from the release, the responsible party shall submit a work plan for comprehensive site assessment, in accordance with § 6205, for the Department's approval. A responsible party may request a meeting with the Department to discuss the work plan.

6203.15 For purposes of this section, the phrase “aboveground release” means a release to the surface of the land or to surface water, including a release from a portion of an UST system above the ground surface or a release associated with a transfer of a regulated substance to or from an UST system.

6203.16 For purposes of this section, the phrase “belowground release” means any release to the subsurface of the land and to groundwater, including a release from the portion of an UST system below the ground surface or a belowground release associated with a transfer of a regulated substance to or from an UST.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6203

20 DCMR § 6204 REMOVAL OF FREE PRODUCT

6204.1 When an investigation indicates the presence of any free product, the responsible party shall remove measurable free product in accordance with this section until the Department determines that the free product has been removed to the maximum extent practicable.

6204.2 The Department may issue a directive with a schedule for removal of free product, or the responsible party may submit a schedule to the Department in writing, in accordance with § 5500.5, for the Department’s approval.

6204.3 The responsible party shall conduct the removal of free product in a manner that minimizes the spread of contamination by using recovery techniques appropriate to the hydrogeological conditions at the site.

6204.4 The responsible party shall conduct the recovery and off-site disposal of free product in a manner that properly treats, discharges, recycles, or disposes of recovery byproducts in compliance with all applicable laws and regulations.

6204.5 The free product removal system shall be designed to prevent free product migration.

6204.6 The responsible party shall ensure that any flammable substances are handled in a manner that will prevent fire and explosion.

6204.7 The responsible party shall prepare and submit to the Department, in accordance with § 5500.4, a status report on the removal of any free product that provides at least the following information:

(a) The name of the person(s) responsible for implementing the free product removal measures;

(b) The estimated quantity, type, and viscosity of free product observed or measured on-site, including in wells, boreholes, and excavations;

(d) Whether any groundwater treatment and discharge will take place during the recovery operation and where the discharge point will be located;

(e) The type of treatment applied to, and the effluent quality expected from, any such discharge;

(f) The steps that have been or are being taken to obtain necessary permits for any discharge; and

(g) The disposition of the recovered free product.

6204.8 Unless otherwise directed by the Department, the status report required in § 6204.7 shall be submitted to the Department, in accordance with § 5500.4, within sixty (60) days of release confirmation and then once each quarter until the Department determines that free product removal is complete.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6204

20 DCMR § 6205 COMPREHENSIVE SITE ASSESSMENT

6205.1 Unless otherwise directed by the Department, the responsible party shall perform a comprehensive site assessment in the time and manner set forth in this section.

6205.2 Within sixty (60) days after Department approval of a work plan pursuant to § 6203.14, the responsible party shall submit a comprehensive site assessment report to the Department, in accordance with § 5500.4, in a form satisfactory to the Department, which is available on the Department’s website at https://doee.dc.gov/page/lust-forms-guidance-and-public-documents.

6205.3 A comprehensive site assessment report shall include the following elements, as appropriate to the conditions of the site:

(a) The nature of the release, including: the chemical compound(s) present; its concentration(s); the quantity or quantities released if known; and the physical and chemical characteristic(s) related to potential human health and environmental impacts and cleanup procedures;

(b) Information from available sources or site investigations about:

Current and reasonably foreseeable future surrounding land use;

Surrounding populations;

Water quality;

Use and approximate location of wells potentially affected by the release;

Subsurface soil conditions;

Climatological conditions; and

Locations of all subsurface utilities that are potential pathways, including sewers, water and gas pipelines, or other conduits;

(c) The results of the site investigation and any information gained while performing initial abatement measures pursuant to § 6203;

(d) The results of the free product investigations required under § 6203.13;

The areal extent of the release, including the horizontal and vertical extent of the release, whether the chemicals of concern are distributed homogeneously or heterogeneously, and any future migration potential;

(f) The physical characteristics of the site, including characteristics affecting the occurrence, distribution, and movement of the released contaminant(s) and any characteristics affecting access to the site that may influence the feasibility of investigation and remediation procedures;

(g) A qualitative evaluation of the potential risks posed by the release, including identification of environmentally sensitive receptors, and an estimate of the impacts to human health and the environment that may occur as a result of the release;

(h) A comparison of contaminant levels to District soil and groundwater quality risk-based screening levels contained in § 6209; and

(i) Any other information requested by the Department or deemed useful or necessary by the responsible party.

6205.4 Comprehensive site assessment activities shall be conducted in accordance with a site safety and health plan that meets the requirements of 29 CFR § 1910.120. The site safety and health plan shall be available for inspection by the Department.

6205.5 Upon receipt and review of the comprehensive site assessment report, the Department may require the responsible party to conduct additional field studies and collect more data.

6205.6 The responsible party may request an extension of the sixty (60) day deadline set forth in § 6205.2 by submitting a written request for an extension to the Department, in accordance with § 5500.4, no later than forty-five (45) days after submitting the work plan pursuant to § 6203.14. The request shall include the following:

(a) A summary of all work performed and all information gathered to date pursuant to § 6205.3;

(b) A summary work plan for the additional assessment activities required; and

(c) A proposed schedule for completion of the remaining assessment activities and submission of the completed comprehensive site assessment report.

6205.7 The Department may grant or deny the request for extension, or grant the extension with modifications to the work plan or schedule.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6205

20 DCMR § 6206 RISK-BASED CORRECTIVE ACTION (RBCA) PROCESS

6206.1 Risk-based decision making and development of a risk-based corrective action (RBCA) plan shall be conducted in accordance with this section and the Department’s RBCA technical guidance, which is available on the Department’s website at https://doee.dc.gov/page/lust-forms-guidance-and-public-documents.

6206.2 Before initiating a risk-based decision making process to develop a RBCA plan for releases, a responsible party shall:

(a) Prevent further release from the UST by removing all products from the UST, or if approved by the Department, removing a lesser amount and performing any necessary repairs to the UST;

(b) Remove measurable free product to the maximum extent practicable;

(d) Select a qualified risk assessor who has successfully completed a risk-based corrective action training, such as training provided by the Interstate Technology & Regulatory Council, ASTM International, the U.S. Environmental Protection Agency, a state government, or a third party approved by the Department in accordance with § 5500.5.

6206.3 A responsible party using RBCA shall:

(a) Perform an initial site assessment, including identification of potential exposure pathways, take response action(s) as set forth in § 6203, and submit a work plan;

(b) Complete site classification as described in the Department’s RBCA technical guidance, available on the Department’s website at https://doee.dc.gov/page/lust-forms-guidance-and-public-documents, including a qualitative evaluation of the site based on known or readily available information to identify the need for interim remedial actions and further information gathering;

(c) Complete the comprehensive site assessment pursuant to § 6205 and the Tier 1 site assessment as described in the Department’s RBCA technical guidance, which is available on the Department’s website at https://doee.dc.gov/page/lust-forms-guidance-and-public-documents;

(d) Compare the concentrations of chemicals of concern with Tier 1 risk-based screening levels, which are specified in the Department’s RBCA technical guidance, available on the Department’s website at https://doee.dc.gov/page/lust-forms-guidance-and-public-documents;

If the concentrations exceed Tier 1 risk-based screening levels, develop and implement a corrective action plan to achieve Tier 1 levels or proceed to perform Tier 2A or 2B site-specific evaluation as described in the Department’s RBCA technical guidance, which is available on the Department’s website at https://doee.dc.gov/page/lust-forms-guidance-and-public-documents;

(f) If necessary for development of Tier 2 site-specific target levels, collect additional site-specific information and perform fate and transport analysis, including modeling, to determine points of demonstration;

(g) Develop and implement a corrective action plan to achieve the site-specific target levels or monitor for compliance; and

(h) When computer models are used in support of a case closure or no further action determination, provide a statement that the responsible party’s staff or third-party contractor has been trained in the use of the District’s RBCA software, which is available by contacting the RAM Group of Gannett Fleming, Inc. by e-mail to admin@ramgp.com, or other software, systems, or computer-based programs approved by the Department in accordance with § 5500.4.

6206.4 For RBCA in the District:

(a) The chemicals of concern shall include the petroleum products or by-products listed in Table 1 and any others deemed appropriate by the Department:

Table 1 – Chemicals of Concern

Benzene

Toluene

Ethylbenzene

Xylenes (total)

Ethylene dibromide (EDB)

Ethylene dichloride (EDC (1,2-DCA))

Methyl-tert-butyl-ether (MTBE)

Tertiary butyl alcohol (TBA)

Ethanol

Acenaphthene

Anthracene

Benzo(a)anthracene

Benzo(a)pyrene

Benzo(b)fluoranthene

Benzo(g,h,i)perylene

Benzo(k)fluoranthene

Chrysene

Fluoranthene

Fluorene

Naphthalene

Phenanthrene

Pyrene NC

TPH GRO

C6-C8 Aliphatics

C8-C10 Aliphatics

C8-C10 Aromatics

TPH DRO

C10-C12 Aliphatics

C12-C16 Aliphatics

C16-C21 Aliphatics

C10-C12 Aromatics

C12-C16 Aromatics

C16-C21 Aromatics

TPH ORO

C21-C35 Aliphatics

C21-C35 Aromatics

(b) The point(s) of demonstration shall be:

(1) For Tier 1 assessment:

(A) The point of release or the source area;

(B) Groundwater affected by the contaminant plume, including any areas of the plume that are outside of the property boundary in accordance with the Department’s RBCA technical guidance; and

(2) For Tier 2 assessments, the point between the source and the potential point of exposure as approved by the Department.

(c) The maximum tolerable human health risk for carcinogens shall be a one in one million (1x10-6) excess cancer risk level (the estimated incremental increase in cancer risk over a lifetime). For non-carcinogenic health effects, the hazard quotient and hazard index shall be no greater than one (1).

(d) The Tier 0 standards and the Tier 1 standards shall be the standards in §§ 6208 and 6209, respectively.

(e) The exposure routes shall include ingestion of groundwater or soil, dermal contact with surface water or soil, ground water protection, and inhalation of volatiles.

(f) For each exposure pathway, the points of exposure shall include groundwater, surface water, and soil and transport media shall include leaching to groundwater and soil vapor migration into buildings.

6206.5 If levels of chemicals of concern exceed the Tier 1 standards set forth in § 6209, the responsible party shall:

(a) Submit a corrective action plan pursuant to § 6207 to achieve the Tier 1 levels; or

(b) Conduct a Tier 2 site-specific evaluation following the procedures and protocols for Tier 2 evaluations contained in the Department’s RBCA technical guidance, which is available on the Department’s website at https://doee.dc.gov/page/lust-forms-guidance-and-public-documents.

6206.6 After completion of the RBCA process, the responsible party may apply for a case closure or no further action letter pursuant to the requirements of § 6210.

6206.7 For purposes of this section, the phrase “risk assessor” means an individual who evaluates the qualitative or quantitative risk posed to human health and the environment by the actual or potential presence or release of hazardous substances, pollutants, or contaminants.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6206

20 DCMR § 6207 CORRECTIVE ACTION PLAN AND ITS IMPLEMENTATION

6207.1 After a release is confirmed, the Department may require the responsible party to develop and submit a corrective action plan (CAP) for remediating chemicals of concern in soil and groundwater.

6207.2 The responsible party shall submit a CAP, in accordance with § 5500.4, that provides for adequate protection of human health in accordance with § 6206.4(c) (maximum tolerable human health risks) and the environment, as determined by the Department, and shall modify the corrective action plan as necessary to meet this standard.

6207.3 A CAP shall propose corrective actions for the site that will:

(a) Ensure that measurable free product does not exist or is no longer recoverable at the site;

(b) Provide appropriate measures to protect the environmentally sensitive receptors that were identified in the comprehensive site assessment; and

(1) The Tier 0 standards set forth in § 6208;

(2) The Tier 1 risk-based screening levels set forth in § 6209; or

(3) The Tier 2 site-specific target levels identified in the CAP and approved by the Department.

6207.4 If the responsible party elects to perform a Tier 2 evaluation, the CAP shall:

(a) Remediate levels of chemicals of concern to achieve the Tier 2 site-specific target levels;

(b) Provide for engineering or institutional controls, or both, that are approved by the Department in accordance with § 5500.5, if such controls are needed to achieve target levels or maintain activity and use limitations used in the risk assessment; and

(c) Provide for monitoring of the site as long as necessary to ensure that the chemicals of concern on the site will not adversely impact human health, safety, or the environment under present or reasonably foreseeable future uses of the site based on District zoning and other factors as described in the RBCA technical guidance.

6207.5 A CAP shall provide for proper disposal of any contaminated soils removed from the ground, and:

Shall not permit the placement of contaminated soils that exceed Tier 0 standards back into the ground for the purposes of in situ remediation or storage, unless specifically approved by the Department in accordance with § 5500.5; and

Shall not permit the placement of any soil excavated from the site on another property, unless specifically approved by the Department in accordance with § 5500.5.

6207.6 The responsible party shall prepare a site-specific quality assurance and quality control plan for the activities to be carried out during implementation of the CAP before starting CAP activities. The quality assurance and quality control plan shall cover all actions proposed in the CAP.

6207.7 A site-specific safety and health plan that meets the requirements of 29 CFR § 1910.120 shall be prepared and submitted to the Department in conjunction with the CAP.

6207.8 The Department may approve a CAP only if the Department determines that implementation of the CAP will adequately protect human health, safety, and the environment based on the following factors, as appropriate:

(a) The physical and chemical characteristics of the regulated substance released or threatened to be released, including its toxicity, persistence, and potential for migration;

(b) The hydrogeological characteristics of the site and the surrounding area;

(c) The proximity and quality of nearby surface water and groundwater, and current and reasonably foreseeable future uses of these waters;

(d) The potential effects of residual chemicals of concern on nearby surface water as defined in 21 DCMR § 1199 (such as creeks, ponds, lakes, and rivers) and groundwater;

(e) Potential risk to human health or the environment based upon current and reasonably foreseeable future uses of the site;

(f) The estimated timetable for completion of the remediation; and

(g) Any information assembled in compliance with this chapter.

6207.9 If such action will minimize environmental contamination and promote more effective corrective action, the responsible party may begin remediation of soil and groundwater before a CAP is approved, provided that the responsible party:

(a) Notifies the Department, in accordance with § 5500.4, and the owner of any adjacent property or property affected by the remediation, of its intention to begin remediation;

Obtains provisional approval from the Department to begin remediation;

Provides the Department with an opportunity to inspect the site during the remediation;

(d) Complies with any directives issued by the Department, including halting remediation or mitigating adverse consequences from cleanup activities; and

(e) Incorporates these self-initiated remediation measures in the final CAP submitted to the Department for approval.

6207.10 A responsible party may submit a written request for waiver of the Department's approval of the CAP, in accordance with § 5500.5, and begin implementation of the CAP, provided that the responsible party:

(a) Has satisfactorily performed another corrective action under Departmental oversight within the three (3) years immediately preceding the current request for a waiver of CAP approval;

(b) Notifies the Department of its intention to begin remediation and provides the Department with an opportunity to inspect the site during the remediation; and

(c) Agrees to comply with any directives issued by the Department, including halting remediation or mitigating adverse consequences from cleanup activities.

6207.11 Except as provided in §§ 6207.9 and 6207.10, the responsible party shall begin the remediation specified in the CAP, including modifications to the CAP made by the Department, within sixty (60) days after CAP approval, or in accordance with a schedule agreed to by the Department.

6207.12 The responsible party shall provide the Department with an opportunity to inspect the site prior to implementing the CAP upon the Department’s request.

6207.13 The responsible party shall monitor, evaluate, and report the results of CAP implementation at least quarterly, or in accordance with a schedule approved by the Department in accordance with the procedures in § 5500.5.

6207.14 The responsible party may apply to the Department for modification of the CAP, in accordance with the procedures in § 5500.5, and may only implement the modification if the modification is approved in writing by the Department.

6207.15 If the Department determines that the implemented CAP is not achieving adequate protection of human health and the environment, the Department may require additional corrective action to be taken.

6207.16 The responsible party shall evaluate the effectiveness of the CAP and any CAP amendments at the end of each year of implementing the plan or amendment to determine whether additional measures must be implemented to protect human health and the environment and shall submit the evaluation to the Department, in accordance with § 5500.4.

6207.17 The Department may approve an alternative procedure for remediation of contaminants from past releases if the responsible party submits a written description of the alternative procedure to the Department in accordance with § 5500.5 and demonstrates to the satisfaction of the Department that:

Compliance with the procedure in this section is not feasible; and

The proposed alternative provides equivalent control of the cleanup to that of the procedures in this section.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6207

20 DCMR § 6208 TIER 0 STANDARDS

6208.1 The Tier 0 standards for soil shall be the following:

Total petroleum hydrocarbons (TPH), gasoline range organics (GRO), or diesel range organics (DRO) concentrations in soil shall be no greater than one hundred milligrams per kilogram (100 mg/kg); and

Individual chemicals of concern concentrations in soil shall not exceed:

For benzene: five thousandths of a milligram per kilogram (0.005 mg/kg);

For tolulene: nine and six tenths milligrams per kilogram (9.6 mg/kg);

For ethylbenzene: four hundredths of a milligram per kilogram (0.04 mg/kg); and

For total xylenes: three and eighty-six hundredths of a milligram per kilogram (3.86 mg/kg).

6208.2 The Tier 0 standards for water shall be the following:

(a) Levels for ground water quality are the District Water Quality Standards for Ground Water in 21 DCMR § 1155; and

(b) Levels for surface water quality are the District Water Quality Standards in 21 DCMR § 1104.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6208

20 DCMR § 6209 TIERS 1 AND 2 STANDARDS

6209.1 The Tier 1 and 2 standards for water, soil, soil vapor, and indoor air shall be the levels specified in the Department’s RBCA technical guidance, which is available on the Department’s website at https://doee.dc.gov/page/lust-forms-guidance-and-public-documents.

6209.2 Indoor air sampling shall be used in conjunction with sub-slab soil gas and ambient air sampling in a multiple lines of evidence approach to evaluating vapor instrusion risk.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6209

20 DCMR § 6210 NO FURTHER ACTION AND CASE CLOSURE REQUIREMENTS

6210.1 A responsible party may request a no further action letter or a case closure letter by submitting a written request to the Department in accordance with § 5500.4. The responsible party or an authorized representative shall sign the request. The request shall include a summary of the site investigation and remediation process, including the following:

(a) The source and cause of the release if known;

(b) The estimated quantity by volume or mass and type of product released;

(d) An analysis demonstrating that the site meets the screening or target levels for cleanup established by the Department in §§ 6208 or 6209 as applicable; and

(e) All documents (such as permits, certificates, or approvals) relating to the transportation and disposal of solid and liquid wastes from the site (such as tanks, soils, product, or water), unless previously submitted to the Department, and if previously submitted, a list containing the names of the documents, dates of submission, and the division of the Department to which the documents were submitted.

6210.2 All records or reports documenting the transport and disposal of any free product, contaminated water or soil, or other waste generated at the site during implementation of the corrective action plan shall be maintained by the responsible party for a period of at least three (3) years from the date of issuance of no further action or case closure letter.

6210.3 The Department may issue a no further action or case closure letter only if it is satisfied that:

(a) The responsible party has implemented all corrective actions required by the Department;

(b) All free product has been removed to the maximum extent practicable; and

6210.4 The Department may issue case closure letter if:

The requirements for case closure set forth in §§ 6210.1 and 6210.3 have been met; and

The site meets Tier 0 or Tier 1 cleanup standards.

6210.5 The Department may issue a no further action letter if:

All of the corrective actions required by the Department have been implemented; and

The corrective action achieved less than a complete cleanup under Tier 0 or Tier 1 standards or only achieved Tier 2 site-specific target levels.

A case closure or no further action letter does not absolve a responsible party from previously incurred or potential future liability.

6210.7 If the Department denies the request for no further action or case closure, the responsible party may conduct further remediation or appeal the denial in accordance with § 6604.

6210.8 The responsible party shall remove all equipment, drums, and waste from the site and ensure that all wells are properly abandoned within six (6) months of receiving a no further action or case closure letter, unless otherwise authorized by the Department. The responsible party shall obtain a well abandonment permit if required under 21 DCMR Chapter 16.

6210.9 A no further action letter may include conditions such as monitoring chemicals of concern in indoor air (vapor intrusion), soil vapor, soil, or water, and reporting the monitoring results to the Department, or maintaining engineering and institutional controls.

6210.10 The Department may require the responsible party to execute and record an environmental covenant in accordance with D.C. Official Code §§ 8-671.01 through 8-671.14 to ensure compliance with the terms and conditions of a no further action letter. The environmental covenant may include activity and use limitations and any other information, restrictions, or requirements authorized under D.C. Official Code § 8-671.03.

6210.11 The Department may rescind any letter that is obtained through fraud or misrepresentation.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6210

20 DCMR § 6211 PUBLIC PARTICIPATION IN CORRECTIVE ACTION

6211.1 For each release that requires a corrective action plan, the Department will provide a public notice designed to reach those members of the public directly affected by the release and the planned corrective action.

6211.2 Notice of the corrective action plan may be provided by publication in local newspapers, the District of Columbia Register, block advertisements, public service announcements, letters to individual households, personal contacts by Department staff, e-mails to stakeholders, posting on the Department’s website, or notification to the affected Advisory Neighborhood Commissioners and civic associations.

6211.3 Any person directly impacted by a release that has migrated onto his or her property has a right to obtain a copy of any comprehensive site assessment, RBCA site evaluation, or corrective action plan, and if the person requests, shall be given an opportunity to comment on the corrective action plan.

6211.4 If implementation of an approved corrective action plan does not achieve the cleanup levels established in the plan and the Department is considering case closure or no further action, the Department will give public notice in accordance with §§ 6211.1 and 6211.2.

6211.5 The Department will investigate complaints concerning any violation(s) of the UST Regulations and will notify the complainant of the results of the investigation.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6211

20 DCMR § 6212 VOLUNTARY REMEDIATION ACTION PROGRAM (VRAP)

6212.1 The Department may permit a person, other than a responsible party, to remediate leaking underground storage tank (LUST) sites in accordance with the UST Regulations, provided that the person:

(a) Intends to develop the LUST facility or site for personal or business reasons;

(b) Intends to conduct a phased investigation of the conditions at the LUST facility or site prior to acquiring or developing the LUST facility or site; or

6212.2 A person who wishes to voluntarily remediate a LUST site shall submit a Voluntary Remedial Action Program (VRAP) application to the Department in accordance with § 5500.4 that contains the following:

(a) Proof that the applicant satisfies § 6212.1;

(b) A statement of interest in undertaking corrective action at the site;

(d) A copy of a written access agreement or other document that permits the applicant to access the site;

(e) An application fee as specified in § 5605;

(f) Any available documentation demonstrating that the applicant is not a responsible party; and

(g) Proof that the applicant, if a business entity, is a registered business in the District of Columbia.

6212.3 Upon receiving a VRAP application, the Department may, in its discretion, approve or deny the application. If approved, the Department will issue a conditional authorization letter that authorizes the Voluntary Remediating Party (VRP) to participate in the VRAP, contingent upon the VRP’s submission and the Department’s approval of a corrective action plan that meets the requirements of §§ 6206 and 6207.

6212.4 The VRP may, in its discretion, enter into an agreement to release the responsible party or parties from liability. A VRP that wishes to assume responsible party status shall submit a responsible party transfer request to the Department in accordance with § 5500.4. Any release granted to a responsible party must state that the release may be voided by the Department under the following circumstances:

(a) The responsible party or the VRP submitted false or misleading information to the Department in the responsible party transfer request; or

(b) The VRP failed to complete the corrective action and the Department or the U.S. Environmental Protection Agency expended funds to remediate the site.

6212.5 A VRP shall be liable for all work performed at the site.

6212.6 Unless the VRP has assumed responsible party status, a VRP will only be required to perform the work agreed upon with the Department in the corrective action plan. The VRP shall comply with any directives issued by the Department pertaining to investigation and remediation of the site and the notification requirements in §§ 5600, 5603, and 6202. If the corrective action includes closure of an UST, the VRP shall comply with all requirements of Chapter 61.

6212.7 A VRP, other than a VRP that has released the original responsible party and assumed responsible party status in accordance with § 6212.5, may cease corrective action activities at the site before completing remediation of the site and incur no liability, other than liability pursuant to § 6212.5, provided the VRP:

(a) Has not aggravated the site conditions or increased the costs of subsequent corrective action;

(b) Gives written notice in accordance with § 5500.4 to the Department of the VRP’s intention to cease activities at the site; and

(c) Stabilizes the site by properly backfilling any excavations, properly securing or abandoning any monitoring wells, and any other actions required to secure the site as may be ordered by the Department.

6212.8 After completing all actions under the approved corrective action plan, a VRP may submit a written request for a no further action or a case closure letter as set forth in § 6210.

6212.9 The Department may revoke its approval of a VRAP application if a VRP:

(a) Refuses to comply with directives issued by the Department; or

(b) Fails to begin, or actively implement, corrective action within two (2) years of the date of approval of the VRAP Application, or stops corrective action for more than two (2) years, unless otherwise authorized by the Department; provided, however, that nothing in this paragraph shall prohibit the Department taking immediate action as necessary to address an imminent threat to human health or the environment.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6212

20 DCMR § 6213 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6213

20-63 UNDERGROUND STORAGE TANKS - GENERAL PROVISIONS RIGHT OF ENTRY FOR INSPECTIONS MONITORING, TESTING AND CORRECTIVE ACTION

20 DCMR § 6300 RIGHT OF ENTRY

6300.1 An inspector designated by the Department may, at any reasonable time and upon presentation of appropriate credentials to the owner, operator, or agent in charge, enter without delay any place where an UST is or was located or where a release is suspected, for the purpose of enforcing the Act or the UST Regulations.

6300.2 Appropriate credentials include a photo identification card or badge showing the name of the inspector and his or her employment with the Department.

6300.3 The inspector may enter the facility, with or without prior notice, as follows:

(a) In emergency situations, at any hour; and

(b) In non-emergency situations, between the hours of 9:00 a.m. and 5:00 p.m. on weekdays, and any other time that the facility where the UST is located is open for business.

6300.4 Emergency situations include any situation posing an immediate threat to public health or the environment, such as free product floating on surface or ground water, or an ignition source near a leaking UST.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6300

20 DCMR § 6301 ENTRIES FOR INSPECTIONS AND MONITORING

6301.1 An inspector designated by the Department may:

(a) Inspect any UST, UST system, or area that may be impacted by a release or suspected release from an UST or UST system;

(b) Inspect and obtain samples of any regulated substance contained in, or released from, any UST or UST system;

(c) Inspect and copy any record, report, information, or test result required to be maintained pursuant to the Act or the UST Regulations, or that is otherwise relevant to the operation of any UST system; and

(d) Conduct monitoring or testing of any UST system, associated equipment, contents, surrounding soils, air, surface water, or groundwater.

6301.2 If the inspector obtains any sample prior to leaving the premises, the inspector will give the owner, operator, or agent in charge a receipt that describes the sample obtained, and if requested, a portion of the sample equal in volume or weight to the portion obtained. If any analysis is made of the sample, a copy of the results of the analysis will be furnished promptly to the owner, operator, or agent in charge.

6301.3 The Department may require the owner, operator, or other responsible party to provide information or records, conduct monitoring or testing, or take any necessary corrective action in accordance with the requirements of § 5602 and Chapters 60 and 62.

6301.4 If the Department makes a written request for submission of records, documents, or other information required to be maintained by the owner, operator, or other responsible party, the records or documents shall be submitted to the Department within twenty (20) days of a request, unless a different time period is specified by the Department.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6301

20 DCMR § 6302 ENTRY FOR CORRECTIVE ACTION

6302.1 The Department may enter upon property to perform, or cause to be performed, release response and corrective actions that are necessary to protect human health or the environment, including in any of the following circumstances:

(a) No responsible party subject to the requirements of Chapter 62 and capable of implementing the required corrective action can be found within ninety (90) days or a shorter period, as may be necessary to protect human health or the environment;

(b) A situation exists that requires immediate action by the Department to protect human health or the environment; or

(c) The responsible party has failed or refused to comply with an order issued by the Department requiring compliance with the UST Regulations and:

The responsible party did not appeal the order pursuant to Chapter 66; or

The order was upheld after an appeal pursuant to Chapter 66.

6302.2 Except as provided in § 6302.4, the Department will provide prior written notice to the real property owner of its intent to enter the property to take corrective action and will serve the notice in one of the following ways:

(a) By personal delivery to a person of suitable age and discretion residing or employed at the last known address of the real property owner;

(b) By registered first-class mail to the last known address of the real property owner; or

(1) By publishing the notice once a week for three (3) weeks in a newspaper of general circulation in the District of Columbia; and

(2) By conspicuous posting of the notice on the property.

6302.3 If the real property owner is a corporation, any notice served on the president, treasurer, general manager, registered agent, or any principal officer of such corporation in the manner provided in § 6302.2 shall be deemed to have been served on the corporation.

6302.4 If a release of a regulated substance from an UST system creates an imminent threat to human health or the environment requiring summary corrective action, and the emergency nature of the situation makes it impractical to give prior notice as provided in § 6302.2, the Department may provide notice by conspicuous posting on the property at the earliest time feasible before commencing work.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6302

20-64 UNDERGROUND STORAGE TANKS - DISTRICT OF COLUMBIA UST TRUST FUND, DISTRICT INITIATED CORRECTIVE ACTIONS AND COST RECOVERY

20 DCMR § 6400 CORRECTIVE ACTION BY THE DISTRICT

6400.1 The Department may undertake corrective action to protect human health or the environment when any of the circumstances in §§ 6302.1(a) through (c) exist. The Department may take summary corrective action if a release of a regulated substance from an UST system creates an imminent threat to human health or the environment.

6400.2 Corrective action by the Department may include, but is not limited to, the following:

Temporary or permanent relocation assistance for residents exposed to contamination from an UST site;

Provision of alternative household water supplies;

(d) Repair, upgrade, or closure of the UST system;

(e) Site assessment;

Transportation and disposal of solid and liquid wastes from the site (such as tanks, soils, product, or water); and

(g) Development and implementation of a corrective action plan in accordance with Chapter 62.

6400.3 The Department may initiate summary corrective action if, in the judgment of the Department, a release of a regulated substance creates an imminent threat to human health or the environment.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6400

20 DCMR § 6401 COST RECOVERY

6401.1 The Department may recover the District’s corrective action costs pursuant to the District of Columbia Underground Storage Tank Management Act of 1990, D.C. Official Code § 8-113.09(b); the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code § 8-1311(a)(2)(B); the Water Pollution Control Act of 1984, D.C. Official Code § 8-103.17(e); the Brownfield Revitalization Amendment Act of 2000, D.C. Official Code § 8-632.01; or any other authority.

6401.2 If the District incurs costs under § 9003(h)(7) of the Resource Conservation and Recovery Act, 42 USC § 6991b(h)(7), for undertaking corrective action or enforcement action with respect to the release of petroleum from an UST, the owner or operator shall be liable to the District for the costs.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6401

20 DCMR § 6402 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6402

20 DCMR § 6403 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6403

20 DCMR § 6404 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6404

20 DCMR § 6405 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6405

20 DCMR § 6406 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6406

20 DCMR § 6407 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6407

20-65 UNDERGROUND STORAGE TANKS – LICENSING, CERTIFICATION, OPERATOR REQUIREMENTS, AND OPERATOR TRAINING

20 DCMR § 6500 LICENSING AND CERTIFICATION OF UST SYSTEM INSTALLERS, REMOVERS, TESTERS, AND TECHNICIANS

6500.1 An individual who performs UST system activities in the District, which include installation, upgrade, repair, tightness testing, or permanent closure of any UST or UST system component, shall be certified in accordance with this chapter or be supervised on-site by an individual certified in accordance with this chapter.

6500.2 An individual performing or supervising UST system installation, upgrade, retrofit, or repair shall be certified as an UST System Technician.

6500.3 An individual performing or supervising UST system closure-in-place or removal shall be certified as an UST System Technician or UST Closure Specialist.

6500.4 An individual performing or supervising UST system tightness testing shall be certified as an UST System Tester.

6500.5 The owner or operator of each UST system shall ensure that any UST system activity is performed by, or is done under the continuous on-site supervision of, a person certified to perform or supervise the activity under this chapter.

6500.6 Each UST System Technician, UST Closure Specialist, and UST System Tester performing or supervising an UST system activity shall carry the certificate issued by the Department while performing or supervising UST system activities. The certificate shall be available for inspection by the owner, operator, and the Department.

6500.7 Each business that performs UST system activities in the District shall be licensed by the Department under this chapter. The business shall employ an individual certified to perform each of the UST system activities for which the business is licensed.

6500.8 Each business that is licensed to perform UST system activities in the District shall provide the Department with a list of employees who are not certified as UST System Technicians, UST Closure Specialists, or UST System Testers, but perform UST system activities under on-site supervision.

6500.9 No business may transfer the license issued to it by the Department.

6500.10 Within ten (10) business days after closure or termination of a licensed business, the business shall surrender the license to the Department for cancellation.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6500

20 DCMR § 6501 CERTIFICATION PROCEDURES

6501.1 The Department may certify an individual to perform the UST activities set forth in § 6500 in the District only if the individual:

Submits a complete application and pays the initial application fee specified in § 5605;

(b) Provides evidence of satisfactory completion of a recognized training program in the UST system activities for which the applicant seeks certification; and

(c) Has at least five (5) years’ experience in the United States engaging in the activities for which the applicant seeks certification, or passes a written test of the applicant’s knowledge of the technical area for which the applicant seeks certification, the Act, and the UST Regulations.

6501.2 The Department may license a business to perform the UST system activities in § 6500 in the District only if the business:

(a) Submits a complete application and pays the initial application fee specified in § 5605;

(b) Demonstrates, to the satisfaction of the Department, that the business is qualified to perform the UST activities for which it seeks a license; and

(c) Demonstrates, to the satisfaction of the Department, that the business employs at least one individual who has expertise and is certified by the Department to perform or supervise the UST activities the business will offer.

6501.3 The Department may certify an individual or license a business that is certified or licensed to perform UST system activities in Delaware, Maryland, Pennsylvania, Virginia, or West Virginia to perform the UST system activities set forth in § 6500 in the District, if the applicant:

(a) Submits a complete application and pays the initial application fee specified in § 5605;

Is currently certified or licensed by one or more of the states listed as an UST System Technician, UST Closure Specialist, UST System Tester, or currently holds a certification or license determined by the Department to be equivalent in accordance with § 5500.5; and

6501.4 The Department may require an applicant certified or licensed in one of the states in § 6501.3 to take a test to verify the applicant’s knowledge of the Act and the UST Regulations.

6501.5 An applicant for certification or a license under § 6501.3 may only be certified or licensed to perform the same UST system activities that the applicant was certified or licensed to perform in the state in which the applicant is certified or licensed.

6501.6 An individual or business shall apply for a certification or license by submitting an application form provided by the Department, which is available on the Department’s website at https://doee.dc.gov/publication/ust-contractor-certification-applications-business-and-individual, along with the following documents:

(a) A copy of the applicant’s current Occupational Safety and Health Administration Hazardous Waste Operations and Emergency Response Standard certification;

(b) Documentation of insurance coverage;

(d) If the applicant is seeking certification under § 6501.3:

(1) A letter from a state official of each state listed in § 6501.3 in which the applicant is certified or licensed, stating that the applicant is in good standing; and

(2) A list of any additional states in which the applicant is certified or licensed to perform UST system activities.

6501.7 The initial certification or license issued by the Department will be valid for one (1) year from the date the certification or license is issued.

6501.8 An individual or business may renew the certification or license for one (1) or two (2) years by submitting an application form, the renewal fee specified in § 5605, and the documents listed in § 6501.6. The fee for a two (2) year renewal will be twice the annual fee specified in § 5605.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6501

20 DCMR § 6502 OPERATOR DESIGNATION

6502.1 The owner of a regulated UST system in the District, except an UST system that has been permanently closed in accordance with Chapter 61, shall designate at least one Class A, one Class B, and one Class C operator for each UST facility. One operator may be designated as both the Class A and the Class B operator, except at fuel dispensing operations. Twenty-four (24) hour dispensing facilities, such as gas stations, shall have multiple Class C operators designated.

6502.2 No facility shall dispense or store a regulated substance unless operators have been designated and trained as required in this section and § 6503.

6502.3 A Class A operator shall have primary responsibility for operating and maintaining the UST facility in compliance with the Act and UST Regulations. Class A operators shall:

(a) Ensure that UST systems are properly installed, inspected, tested, and repaired, and that the required records are retained and made available to the Department;

(b) Be familiar with training requirements for each class of operators and be able to provide the required training for Class C operators; and

6502.4 A Class B operator shall be responsible for the daily operation and maintenance of UST systems at one or more facilities. Class B operators shall:

(a) Check spill and overfill prevention equipment and corrosion protection equipment to ensure proper function, and that any required system tests are performed at appropriate intervals;

(b) Ensure release detection equipment is operational, release detection is performed at proper intervals, and release detection records are retained and made available to the Department; and

(c) Be familiar with all aspects of Class B and Class C operator responsibilities and be able to provide the required training for Class C operators.

6502.5 A Class C operator shall be responsible for responding to alarms or other indications of emergencies caused by a spill or release from an UST system or equipment failures. Class C operators shall:

(a) Control or monitor the dispensing and sale of regulated substances;

Follow written instructions or procedures on how to respond to alarms or releases provided by the Class A or Class B operators; and

Notify Class A or B operators and appropriate emergency responders of releases and other emergencies in accordance with facility procedures and applicable laws and regulations.

6502.6 Trained operators shall be readily available to respond to suspected or confirmed releases, other unusual operating conditions, emergencies, and equipment failures as follows:

(a) A Class A or Class B operator shall be available for immediate telephone consultation at all times when a facility is in operation;

(b) A Class A or Class B operator shall be on-site at the UST facility within twenty-four (24) hours of being contacted;

(d) For unstaffed facilities, a Class C operator shall be available for immediate telephone consultation and shall be able to be on-site within two (2) hours of being contacted.

6502.7 Emergency contact information (name, position title and telephone numbers) shall be prominently displayed at all facilities, and unstaffed facilities shall also have emergency procedures prominently displayed to users.

6502.8 No person shall serve as a designated operator unless he or she has successfully completed all training required in § 6503.

6502.9 The owner of an UST system shall maintain a list of designated operators. The list shall identify the current Class A, B, and C operators for the facility and shall include:

(a) The name and operator class of each operator and the date each operator successfully completed training; and

For operators that are not on-site when the facility is in operation, emergency telephone numbers to contact the operators.

6502.10 A copy of the following documentation shall be on-site and readily available for inspection at the facility:

Certificates of training for Class A and B operators, and documentation of the trainer, trainee, and date training occurred for Class C operators;

The facility list of Class A, B, and C operators; and

Class C operator facility procedures, including emergency notification procedures.

6502.11 Class C operator and owner contact information, including name, telephone number, and any emergency contact information, shall be conspicuously posted at unstaffed facilities.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6502

20 DCMR § 6503 OPERATOR TRAINING AND TRAINING PROGRAM APPROVAL

6503.1 The owner of an UST system shall ensure that all operators have received the training required by this section. Class A and B operators shall complete retraining every five (5) years or as required by the Department in accordance with § 6503.2. Class C operators shall receive retraining as provided in § 6503.5.

6503.2 If the Department determines that a petroleum UST system is not in compliance with any requirement of the Act or UST Regulations, the designated Class A and B operators shall repeat the required training, or any applicable part of the training as determined by the Department. Operators shall complete the required retraining within thirty (30) days of being notified by the Department.

6503.3 A Class A operator shall successfully complete a training course approved by the Department that includes general knowledge of the requirements of the Act and UST Regulations. At the completion of the training course, the operator shall be able to demonstrate knowledge of operation, maintenance, and recordkeeping requirements, including the following:

Spill and overfill prevention;

Release detection and related reporting, record keeping, testing, and inspection requirements;

Corrosion protection;

Emergency response;

Product and equipment compatibility;

Financial responsibility;

Notification and UST registration requirements;

Temporary and permanent UST closure requirements;

Class B and C operator training requirements; and

Environmental and regulatory consequences of releases.

6503.4 A Class B operator shall successfully complete a training course approved by the Department that includes detailed instruction on operation and maintenance of UST systems and the requirements of the Act and UST Regulations. Training shall provide specific information about the components of UST systems, UST construction materials, methods of release detection, and release prevention, including the following:

Spill and overfill prevention;

Release detection and related reporting requirements;

Corrosion protection;

Emergency response;

Product and equipment compatibility;

Report and recordkeeping requirements;

Class C operator training requirements; and

Environmental and regulatory consequences of releases.

6503.5 Class C operators shall complete training provided by a Class A or B operator or successfully complete a training course approved by the Department. The training shall enable the Class C operator to take action in response to emergencies or alarms caused by spills or releases from an UST system. Training shall include written instructions and notification procedures for the Class C operator to follow in the event of an emergency. After the initial training, the Class A or B operator shall retrain the Class C operator on these instructions and emergency procedures at least every twelve (12) months. At the conclusion of the training, the Class A or B operator shall evaluate the ability of the Class C operator to respond to emergencies and provide additional training as necessary to ensure the Class C operator is able to respond.

6503.6 An operator successfully completes training if he or she:

Attends the entire training course;

Demonstrates knowledge of the course material by receiving a grade of eighty percent (80%) or higher on an examination containing material presented in the training course or demonstrates to the trainer his or her ability to perform operation and maintenance checks of UST system equipment, including release detection; and

Receives a training certificate from the training provider.

6503.7 When a Class A or B operator is replaced, the new operator shall be trained within thirty (30) days of assuming duties for that class of operator.

6503.8 Class C operators shall be trained before assuming the duties of a Class C operator.

6503.9 A training provider may request approval of a training course by submitting a request in writing to the Department in accordance with § 5500.5 and providing any information about the course requested by the Department. The Department may, in its discretion, approve or disapprove the training course. Each training provider shall obtain written approval from the Department before offering training courses for Class A, B, or C operators in the District.

6503.10 The owner or operator shall maintain documentation that the designated Class A, B, and C operators have completed the required training and retraining for as long as the Class A, B, and C operators are designated.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6502

20-66 UNDERGROUND STORAGE TANKS – ENFORCEMENT

20 DCMR § 6600 ENFORCEMENT AUTHORITY

6600.1 The Department may take one or more of the following administrative actions:

(a) Issue an administrative civil fine, penalty, or fee under § 6600.5;

(b) Issue a directive under § 6601;

(d) Deny, suspend, revoke, or restrict a license or certificate under § 6603.

6600.2 If a person fails to comply with a notice of violation or threatened violation issued under § 6602.1 within the time stated in the notice, the Department may initiate a civil action in the Superior Court of the District of Columbia, pursuant to the approval and supervision of the Attorney General of the District of Columbia, for injunctive relief, damages, civil penalties, or recovery of any corrective action costs necessary to promptly and effectively terminate the violation or threatened violation and protect life, property, or the environment.

6600.3 To correct a situation that immediately threatens health or the environment, or to restrain any person from engaging in any unauthorized activity that immediately endangers or causes damage to public health or the environment, the Department may initiate a civil action in the Superior Court of the District of Columbia and seek a temporary restraining order in lieu of issuing an administrative order, pursuant to the approval and supervision of the Attorney General of the District of Columbia.

6600.4 The District may bring a civil action in the Superior Court of the District of Columbia, or in any other court of competent jurisdiction, for recovery of corrective action costs in accordance with § 6400.

6600.5 As an alternative to a civil judicial action, the Department may impose an administrative civil fine, penalty, or fee pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.).

6600.6 Except when otherwise provided by statute, a person violating a provision of this chapter shall be fined according to the schedules in Chapters 32 (Civil Infractions: Schedule of Fines) and 40 (Department of the Environment Infractions) of Title 16 (Consumers, Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations.

6600.7 The imposition of a civil fine or penalty does not preclude the Department from initiating an administrative or judicial civil action seeking injunctive relief, damages, or costs except that a person shall not, for the same violation of this chapter, be assessed both a judicial civil fine and an administrative fine.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6600

20 DCMR § 6601 DIRECTIVE

6601.1 The Department may issue a directive requiring an owner, operator, or responsible party to:

(a) Provide any information, record, documentation, report, plan, or form with respect to the UST system if necessary to determine compliance with the UST regulations;

(b) Conduct investigations, monitoring, or testing of the UST system, associated equipment, contents, surrounding soils, air, surface water, or groundwater;

(d) Take any necessary corrective action.

6601.2 The directive will be in writing and will identify the actions that the responsible party is required to take and the time period within which the actions must be performed.

6601.3 A directive may be served on a person or the person’s authorized agent by one or more of the following methods:

(a) Personal service;

(b) Delivery to the last known home or business address and leaving it with a person over the age of eighteen (18) residing or employed there; or

(c) United States Postal Service mail, first class and postage prepaid, to the last known home or business address. A courtesy copy may be sent via email or fax.

6601.4 If a person objects that a required action in a directive is not necessary or appropriate from a technical, engineering, geophysical, or other scientific perspective, the person shall submit a written statement to the Department, in accordance with § 5500.4, including the grounds for the objection, within the time period stated in the directive.

6601.5 A person named in the directive may file an appeal with the Department in accordance with the procedures in § 6604 within fifteen (15) days after a directive is served, or within twenty (20) days of the date of the directive if served by mail, unless a later date is approved in writing by the Department.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6601

20 DCMR § 6602 ADMINISTRATIVE ORDER

6602.1 If the Department believes or has reason to believe that there is a violation or threatened violation of the Act or the UST Regulations, the Department may issue a written notice of the violation or threatened violation to the owner, operator, or any other responsible party deemed appropriate by the Department and may require the person to take corrective measures that the Department considers reasonable and necessary.

6602.2 If a person fails to comply with the notice of violation issued pursuant to § 6602.1 within the time stated in the notice, the Department may issue a proposed administrative order, which may be a compliance order, cease and desist order, or both.

6602.3 The proposed order shall be in writing and:

(a) Include a statement of the nature of the violation or threatened violation;

(b) Explain that the person has a right to a hearing;

(c) Allow a reasonable time for compliance with the order, consistent with the likelihood of harm and the need to protect health, safety, life, property, and the environment;

(d) State any penalties for failure to comply with the order.

6602.4 A proposed order may be served on a person or the person’s authorized agent by one or more of the methods listed in § 6601.3, or if there is an immediate threat to human health or the environment by:

(a) Telephone or e-mail, followed by service by another method listed in § 6601.3; or

(b) If the owner, operator, or responsible party cannot be located, conspicuous posting on the property.

6602.5 A proposed order shall become effective and final, unless the person or persons named in the order requests a hearing under § 6604 no later than fifteen (15) days after the order is served or no later than twenty (20) days after the date of the order if served by mail.

6602.6 The Department may issue an immediate order to require a person to correct a situation that immediately threatens health or the environment, or to restrain any person from engaging in any unauthorized activity that immediately endangers or causes damage to public health or the environment.

6602.7 The Department may issue an immediate order prohibiting the delivery of regulated substances or other use of an UST system in situations that threaten health or the environment including, but not limited to, the following:

(a) An accumulation of toxic, flammable, or explosive vapors in a structure, sewer, or excavation;

(b) Free floating product on surface or ground water;

(d) An open pit or excavation that is not secured properly during or left in place after corrective action;

(e) Anything which may cause potential exposure of humans, plants, or animals to hazardous substances;

(f) Missing or inoperable required spill or overfill prevention, release detection, or corrosion protection equipment; or

Failure to register an UST system.

6602.8 An immediate order is effective upon issuance and is final unless the person named in the order requests a hearing under § 6604 within seventy-two (72) hours after the order is served.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6602

20 DCMR § 6603 SUSPENSION, REVOCATION, RESTRICTION, OR DENIAL OF A LICENSE OR CERTIFICATE

6603.1 In order to protect the public health, safety, and welfare, the Department may suspend, revoke, or refuse to issue, renew, or restore a license or certificate after giving written notice if the Department finds that the applicant or holder:

Failed to meet and maintain the standards established by the Act and the UST Regulations;

Submitted a false or fraudulent record, invoice, or report;

Engaged in fraud or misrepresentation in the application for licensure or certification;

Had a history of repeated violations of the Act or the UST Regulations; or

Had a license or certification denied, revoked, or suspended in another state or jurisdiction.

6603.2 Notice of a proposed action to suspend, revoke, or refuse to issue, renew, or restore a license or certificate will be served as specified in § 6601.3.

6603.3 A proposed action shall become effective and final, unless the applicant or license or certificate holder requests a hearing under § 6604 no later than fifteen (15) days after the action is served, or no later than twenty (20) days after the date of the action if served by mail.

6603.4 If the Department determines during or after an investigation that the conduct of any licensed business or certified individual presents an imminent danger to the health or safety of the residents of the District, the Department may summarily suspend or restrict the license of the business or the certificate of the individual in accordance with this chapter.

6603.5 At the time of the summary suspension or restriction, the Department will provide the licensee or certificate holder with a written notice stating:

The action that is being taken;

The basis for the action; and

6603.6 In the case of a summary action under § 6603.5:

(a) The suspension or restriction shall be effective immediately and shall become final, unless the license or certificate holder requests a hearing within seventy-two (72) hours after the notice is served; and

(b) A hearing will be held within fifteen (15) days of receipt of a timely request and a decision will be issued no later than fifteen (15) days after the hearing.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6603

20 DCMR § 6604 APPEALS TO THE DEPARTMENT

6604.1 A person named in a directive, order, proposed order, action or proposed action of the Department under §§ 6210.7, 6601, 6602, or 6603 may appeal in accordance with this section.

6604.2 Before or in lieu of requesting a hearing under § 6605, a person named in a Department directive, order, or action may make an informal appeal in the manner and by the date stated in the directive, order, or action by providing orally or in writing any information or material that would support a change in or withdrawal of the Department’s directive, order, or action.

6604.3 If the matter is not resolved under § 6604.2, the aggrieved person may appeal to the Deputy Director of the Department’s Environmental Services Administration in accordance with § 5500.5.

6604.4 If the matter is not resolved under § 6604.3, the aggrieved person may appeal the decision of the Deputy Director of the Environmental Services Administration to the Director of the Department in accordance with § 5500.5.

6604.5 Appeals under §§ 6604.3 and 6604.4 must be in writing and present all information and material that the aggrieved person wishes to present for consideration on appeal.

6604.6 When considering an appeal, the Deputy Director or the Director may stay the effect of a decision or action being appealed pending determination of the appeal.

6604.7 Unless stayed by the Deputy Director or the Director, the original decision or action remains in effect during pendency of the appeal.

6604.8 Any person adversely affected or aggrieved by a decision of the Director may request a hearing in accordance with § 6605.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6604

20 DCMR § 6605 APPEALS TO THE OFFICE OF ADMINISTRATIVE HEARINGS

6605.1 A person adversely affected or aggrieved by a decision of the Director under § 6604 or named in a notice of infraction assessing a civil fine, penalty, or fee under § 6600.5 may appeal in accordance with this section.

6605.2 To appeal the decision or notice of infraction, the person shall file an administrative appeal with, and request a hearing before, the District of Columbia Office of Administrative Hearings (OAH).

6605.3 The person shall file a written appeal with OAH within fifteen (15) calendar days of service of the decision or notice of infraction or no later than twenty (20) days after the date of the decision or notice if served by mail.

6605.4 The hearing and prehearing practice shall be conducted in accordance with the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.) and the regulations set forth at Title 1, Chapter 28 of the District of Columbia Municipal Regulations.

6605.5 The final OAH decision on an administrative appeal under this section shall constitute the final action of the Department, and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6605

20 DCMR § 6606 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6606

20 DCMR § 6607 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6607

20 DCMR § 6608 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6608

20 DCMR § 6609 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6609

20 DCMR § 6610 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6610

20 DCMR § 6611 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6611

20-67 UNDERGROUND STORAGE TANKS - FINANCIAL RESPONSIBILITY

DCMR § 20-67-A APPENDICES

APPENDIX 67-1

CERTIFICATION OF FINANCIAL RESPONSIBILITY

[owner] hereby certifies that it is in compliance with the financial responsibility requirements of 20 DCMR Chapter 67.

The financial assurance mechanism(s) used to demonstrate financial responsibility under 20 DCMR Chapter 67 are as follows:

[Type of mechanisms]

[Name of issuer]

[Mechanism number (if applicable)]

[Amount of coverage]

[Effective period of coverage]

[Whether mechanism covers “taking correction action” or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases.”]

[Type of mechanisms]

[Name of issuer]

[Mechanism number (if applicable)]

[Amount of coverage]

[Effective period of coverage]

[Signature of owner]

[Name of owner]

[Title]

[Date]

[Signature of witness or notary]

[Name of witness or notary]

[Date]

APPENDIX 67-2

FINANCIAL TEST OF SELF INSURANCE

LETTER FROM CHIEF FINANCIAL OFFICER

I am the chief financial officer of____________________[name and address of the owner or guarantor]. This letter is in support of the use of_______________[“the financial test of self-insurance” and/or “guarantee”] to demonstrate financial responsibility for [“taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [“sudden accidental releases” and/or “nonsudden accidental releases”] in the amount of at least[dollar amount] per-occurrence and ________________[dollar amount] annual aggregate arising from operating (an) underground storage tank(s). Underground storage tanks at the following facilities are assured by this financial test by this ________________________[“owner” and/or “guarantor”].

UST Facility I.D.

Number of UST(s)

Name/Address of

Number

UST(s) Facility

[List for each facility: the name and address of the facility where tanks assured by this financial test are located, and whether tanks are assured by this financial test. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this financial test by the tank identification number provided in the notification submitted pursuant to 20 DCMR § 5600.]

A __________[“financial test” and/or “guarantee”] is also used by _____________[“owner” or “guarantor”] to demonstrate evidence of financial responsibility in the following amounts under other EPA regulations or state programs authorized by EPA under 40 CFR Parts 145 and 271:

EPA Regulation Amount

Closure (§§ 264.143 and 265.143)

Post-Closure Care (§§ 264.145 and 265.145)

Liability Coverage (§§ 264.147 and 265.147)

Corrective Action (§ 264.101(b))

Plugging and Abandonment (§ 144.63)

Closure

Post-Closure Care

Liability Coverage

Corrective Action

Plugging and Abandonment

Total

This ________________[“owner” or “guarantor”] has not received an adverse opinion, a disclaimer of opinion, or a “going concern” qualification from an independent auditor on his or her financial statements for the latest completed fiscal year.

[Fill in the information for Alternative I if the criteria of 20 DCMR § 6704 are being used to demonstrate compliance with the financial test requirements. Fill in the information for Alternative II if the criteria of 20 DCMR § 6705 are being used to demonstrate compliance with the financial test requirements.]

Alternative I

Amount of annual UST aggregate coverage being

assured by a financial test, and/or guarantee.

$ ___________

Amount of corrective action, closure and post-closure care

costs, liability coverage, and plugging and abandonment costs

covered by a financial test, and/or guarantee.

$ ___________

Sum of lines 1 and 2 ___

$ ___________

Total tangible assets___

$ ___________

Total liabilities [if any of the amount reported

on line 3 is included in total liabilities, you

may deduct that amount from this line and add

that amount to line 6] __________________

$ ___________

Tangible net worth [subtract line 5 from line 4].

$ ___________

Yes

Is line 6 at least ten million dollars ($ 10,000,000)?

Is line 6 at least 10 times line 3?

Have financial statements for the latest fiscal

year been filed with the Securities and Exchange

Commission?

Have financial statements for the latest fiscal

year been filed with the Energy Information

Administration?

Have financial statements for the latest fiscal year been

filed with the Rural Utilities Service?

Has financial information been provided to Dun and

Bradstreet, and has Dun and Bradstreet provided

a financial strength rating of 4A or 5A? [Answer “Yes”

only if both criteria have been met.]

Alternative II

Amount of annual UST aggregate coverage being

assured by a financial test, and/or guarantee.

$______

Amount of corrective action, closure and

post-closure care costs, liability coverage,

and plugging and abandonment costs covered

by a financial test or guarantee.

$______

Sum of lines 1 and 2 ________________

$______

Total tangible assets ________________

$______

Total liabilities [if any of the amount

reported on line 3 is included in total

liabilities, you may deduct that amount

from this line and add that amount to

line 6]_________________________

$______

Tangible net worth [subtract line 5 from line 4]

$______

Total assets in the U.S. [required only if less

than ninety percent (90%) of assets are located

in the U.S.] ___________________________

$______

Yes

Is line 6 at least ten million dollars ($ 10,000,000)?

Is line 6 at least six (6) times line 3?

Are at least ninety percent (90%) of assets located

in the U.S.? [If “No,” complete line 11]

Is line 7 at least six (6) times line 3?

[Fill in either lines 12-15 or lines 16-18]

Current Assets ____________________

$ ______________

Current Liabilities__________________

$ ______________

Networking capital [subtract line 13

from line 12]

$ ______________

Yes

Is line 14 at least six (6) times line 3?

Current bond rating of most recent bond issue.

Name of rating service ____________________________________________

Date of maturity of bond___________________________________________

Yes

Have financial statements for the latest fiscal year been filed

with the SEC, the Energy Information Administration, or the Rural Utilities Service?

[If “No,” please attach a report from an independent certified public accountant certifying that there are no material differences between the data as reported in lines 4-18 above and the financial statements for the latest fiscal year.]

[For both Alternative I and Alternative II complete the certification with this statement.]

I hereby certify that the wording of this letter is identical to the wording specified in Appendix 67-2 of 20 DCMR Chapter 67 as such regulations were constituted on the date shown immediately below.

[Signature]_____________________________________________________________________

[Name]_______________________________________________________________________

[Title]________________________________________________________________________

[Date]________________________________________________________________________

APPENDIX 67-3

GUARANTEE

Guarantee made this_________[date] by [name of guaranteeing entity], a business entity organized under the laws of the District of Columbia, herein referred to as guarantor, to the Department of Energy and Environment (Department) and to any and all third parties, and obligees, on behalf of___[owner] of __________________________[business address].

RECITALS:

(1) Guarantor meets or exceeds the financial test criteria of 20 DCMR § 6703 and agrees to comply with the requirements for guarantors as specified in 20 DCMR §§ 6706.4 through 6706.8.

(2) ________________[owner] owns the following underground storage tank(s) covered by this guarantee:

UST Facility I.D.

Number of UST(s)

Name/Address of

Number

UST(s) Facility

This guarantee satisfies 20 DCMR Chapter 67 requirements for assuring funding for ______________[“taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from the above-identified underground storage tank(s) in the amount of ___________[dollar amount] per-occurrence and _______________[dollar amount] annual aggregate.

(3) _____________________________[Insert appropriate phrase: “On behalf of our subsidiary” (if guarantor is corporate parent of the owner); “On behalf of our affiliate” (if guarantor is a related firm of the owner); or “Incident to our business relationship with” (if guarantor is providing the guarantee as an incident to a substantial business relationship with owner)] ________________[owner], guarantor guarantees to the Department and to any and all third parties that:

In the event that ________________[owner] fails to provide alternate coverage within sixty (60) days after receipt of a notice of cancellation of this guarantee and the Director of the Department has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon instructions from the Director, shall fund a standby trust fund in accordance with the provisions of 20 DCMR § 6712, in an amount not to exceed the coverage limits specified above.

In the event that the Director determines that ________________[owner] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 20 DCMR Chapter 62, the guarantor upon written instructions from the Director shall fund a standby trust fund in accordance with the provisions of 20 DCMR § 6712 in an amount not to exceed the coverage limits specified above.

If __________________[owner] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by _______________[“sudden” and/or “nonsudden”] accidental releases arising from the operation of the above identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor, upon written instructions from the Director, shall fund a standby trust fund in accordance with the provisions of 20 DCMR § 6712 to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.

(4) Guarantor agrees that if, at the end of any fiscal year before cancellation of this guarantee, the guarantor fails to meet the financial test criteria of § 6703, guarantor shall send within one hundred twenty (120) days of such failure, by certified mail, notice to _____[owner]. The guarantee will terminate one hundred twenty (120) days from the date of receipt of the notice by __________________[owner], as evidenced by the return receipt.

(5) Guarantor agrees to notify _________________[owner] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming guarantor as debtor, within ten (10) days after commencement of the proceeding.

(6) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of ________________[owner] pursuant to 20 DCMR Chapters 55 through 70.

(7) Guarantor agrees to remain bound under this guarantee for so long as ______________ [owner] must comply with the applicable financial responsibility requirements of the regulations under 20 DCMR Chapter 67 for the above-identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to _____________[owner], such cancellation to become effective no earlier than one hundred twenty (120) days after receipt of such notice by ____________[owner], as evidenced by the return receipt.

(8) The guarantor’s obligation does not apply to any of the following:

(a) Any obligation of __________[owner] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of __________[owner] arising from, and in the course of, employment by ___________[owner];

(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by ______________[owner] that is not the direct result of a release from a petroleum underground storage tank; and

(e) Bodily damage or property damage for which _______________[owner] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of §§ 6700.10 through 6700.17; and

(9) Guarantor expressly waives notice of acceptance of this guarantee by the Department, by any or all third parties, or by _______________[owner].

I hereby certify that the wording of this guarantee is identical to the wording specified in Appendix 67-3 of 20 DCMR Chapter 67 as such regulations were constituted on the effective date shown immediately below.

[Effective date] ______________________________________________

[Name of guarantor] __________________________________________

[Authorized signature for guarantor] _____________________________

[Name of person signing] ______________________________________

[Title of person signing] _______________________________________

{Signature of witness or notary] _________________________________

APPENDIX 67-4

CERTIFICATE OF INSURANCE

Name and address of each covered location:

Policy number:

Period of coverage [current policy period]:

Address of [Insurer or Risk Retention Group]:

Name of insured:

Address of insured:

CERTIFICATION:

(1) ______________________[name of Insurer or Risk Retention Group], [the “Insurer” or “Group”], as identified above, hereby certifies that it has issued liability insurance covering the following underground storage tank(s):

UST Facility I.D.

Number of UST(s)

Name/Address of

Number

UST Facility

[List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 20 DCMR § 5600 and the name and address of the facility] for _______________________[insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”; in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above.

The limits of liability are ______________[insert the dollar amount of the “each occurrence” and “annual aggregate” limits of the Insurer’s or Group’s liability; if the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each underground storage tank or location], exclusive of legal defense costs, which are subject to a separate limit under the policy.

This coverage is provided under___________________[policy number]. The effective date of said policy is_________________[date].

(2) The [“Insurer” or “Group”] further certifies the following with respect to the insurance described in paragraph 1:

(a) Bankruptcy or insolvency of the insured shall not relieve the _____________ [Insurer or Group] of its obligations under the policy to which this certificate applies.

(b) The _______________________[“Insurer” or “Group”] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the insured from any such payment made by the ________________[“Insurer” or “Group”]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 20 DCMR §§ 6703 through 6710.

(c) Whenever requested by the Director, the _____________[“Insurer” or “Group”] agrees to furnish to the Director a signed duplicate original of the policy and all endorsements.

(d) Cancellation or any other termination of the insurance by the _______________ [“Insurer” or “Group”], except for non-payment of premium or misrepresentation by the insured, will be effective only upon written notice and only after the expiration of sixty (60) days after a copy of such written notice is received by the insured. Cancellation for non-payment of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of ten (10) days after a copy of such written notice is received by the insured.

[Insert for claims-made policies]:

(e) The insurance covers claims otherwise covered by the policy that are reported to the ___________________[“Insurer” or “Group”] within six (6) months of the effective date of cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.

I hereby certify that the wording of this instrument is identical to the wording in Appendix 67-4 of 20 DCMR Chapter 67, and that the ____________[“Insurer” or “Group”] is ______________[“licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states”]

[Signature of Authorized Representative of Insurer] ____________________________________

[Name of person signing] _________________________________________________________

[Title of person signing] __________________________________________________________

Authorized representative of _____________________[name of Insurer or Risk Retention Group]

[Address of Representative] _______________________________________________________

APPENDIX 67-5

ENDORSEMENT

Name and address of each covered location:

Policy number:

Period of coverage [current policy period]:

Address of [Insurer or Risk Retention Group]:

Name of insured:

Address of insured:

ENDORSEMENT:

(1) This endorsement certifies that the policy to which the endorsement is attached provides liability insurance covering the following underground storage tanks:

UST Facility I.D.

Number of UST(s)

Name/Address of

Number

UST Facility

For ______________[insert: “taking corrective action” and/or "compensating third parties for bodily injury and property damage caused by" either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases” in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above.

The limits of liability are _______________________________[insert the dollar amount of the “each occurrence” and “annual aggregate” limits of the Insurer’s or Group’s liability; if the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each UST or location], exclusive of legal defense costs which are subject to a separate limit under the policy]. This coverage is provided under ____________[policy number]. The effective date of said policy is __________[date].

(2) The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions inconsistent with subsections (a) through (e) of this paragraph 2 are hereby amended to conform with subsections (a) through (e):

(a) Bankruptcy or insolvency of the insured shall not relieve the ______________ [“Insurer” or “Group”] of its obligations under the policy to which this endorsement is attached;

(b) The ____________________[“Insurer” or “Group”] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the insured for any such payment made by the ____________[“Insurer” or “Group”]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 20 DCMR §§ 6703-6710;

(c) Whenever requested by the Director of the Department of Energy and Environment, _________________[“Insurer” or “Group”] agrees to furnish to the Director a signed duplicate original of the policy and all endorsements;

(d) Cancellation or any other termination of the insurance by the _____________ [“Insurer” or “Group”], except for non-payment of premium or misrepresentation by the insured, will be effective only upon written notice and only after the expiration of sixty (60) days after a copy of such written notice is received by the insured. Cancellation for non-payment of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of ten (10) days after a copy of such written notice is received by the insured.

[Insert for claims made policies]:

(e) The insurance covers claims otherwise covered by the policy that are reported to the ____________________[“Insurer” or “Group”] within six (6) months of the effective date of the cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.

I hereby certify that the wording of this instrument is identical to the wording in Appendix 67-5 of 20 DCMR Chapter 67 and that the ______________[“Insurer” or “Group”] is _____________[“licensed to transact the business of insurance or eligible to provide insurance as excess or surplus lines insurer in one or more states”].

[Signature of Authorized Representative of Insurer or Risk Retention Group]

[Name of person signing] _________________________________________________________

[Title of person signing] __________________________________________________________

Authorized Representative of ____________________[name of Insurer or Risk Retention Group]

[Address of Representative] _______________________________________________________

APPENDIX 67-6

PERFORMANCE BOND

Date bond executed: ____________________________________________________________

Period of coverage: _____________________________________________________________

Principal: __________________________________[legal name and business address of owner]

Type of Organization: _____[insert “individual,” “joint venture,” “partnership,” or “corporation”]

State of incorporation (if applicable): _______________________________________________

Surety(ies): _______________________________________[name(s) and business address(es)]

SCOPE OF COVERAGE:

UST Facility I.D.

Number of UST(s)

Name/Address of

Number

UST(s) Facility

List the coverage guaranteed by the bond: __________________________________________

[“Taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases” “arising from operating the underground storage tank.”]

Penal Sums of Bond:

Per-occurrence $ ______________________________________________________________

Annual aggregate $ ____________________________________________________________

Surety’s bond number: __________________________________________________________

Know All Persons by These Presents, that we, the Principal and Surety(ies), hereto are firmly bound to the District of Columbia Department of Energy and Environment (Department) in the above penal sums for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided, that where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sums jointly and severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sums only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sums.

Whereas said Principal is required under Subtitle I of the Solid Waste Disposal Act, as amended, to provide financial assurance for __________________________________________________

[insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tanks identified above; and

Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;

Now, therefore, the conditions of the obligation are such that if the Principal shall faithfully ________________________["“take corrective action, in accordance with 20 DCMR Chapter 62 and the Director of the Department’s instructions for,” and/or “compensate injured third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”] arising from operating the tank(s) identified above, or if the Principal shall provide alternative financial assurance, as specified in 20 DCMR Chapter 67, within one hundred twenty (120) days after the date the notice of cancellation is received by the Principal from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.

This obligation does not apply to any of the following:

(a) Any obligation of ______________[owner] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of ______________[owner] arising from, and in the course of, employment by ________________[owner];

(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) Property damage to any property owned, rented, loaned to, in the care of, custody, or control of, or occupied by ______________[owner] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily injury or property damage for which ______________[owner] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 20 DCMR §§ 6700.10 through 6700.17.

The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.

Upon notification by the Director that the Principal has failed to _________________________

[“take corrective action, in accordance with 20 DCMR Chapter 62 and the Director’s instructions,” and/or “compensate injured third parties”] as guaranteed by this bond, the Surety(ies) shall either perform _____________________________[“corrective action in accordance with 20 DCMR Chapter 62 and the Director’s instructions,” and/or “third-party liability compensation”] or place funds in an amount up to the annual aggregate penal sum into the standby trust fund as directed by the Director under 20 DCMR § 6712.

Upon notification by the Director that the Principal has failed to provide alternate financial assurance within sixty (60) days after the date the notice of cancellation is received by the Principal from the Surety(ies) and that the Director has determined or suspects that a release has occurred, the Surety(ies) shall place funds in an amount not exceeding the annual aggregate penal sum into the standby trust fund as directed by the Director under § 6712.

The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statute, rules and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.

The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the annual aggregate to the penal sum shown on the face of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said annual aggregate penal sum.

The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal, provided, however, that cancellation shall not occur during the one hundred twenty (120) days beginning on the date of receipt of the notice of cancellation by the Principal, as evidenced by the return receipt.

The Principal may terminate this bond by sending written notice to the Surety(ies).

In Witness Thereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in Appendix 67-6 of 20 DCMR Chapter 67 as such regulations were constituted on the date this bond was executed.

Principal

[Signature(s)] __________________________________________________________________

[Name(s)] _____________________________________________________________________

[Title(s)] ______________________________________________________________________

[Corporate seal] ________________________________________________________________

Corporate surety(ies)

[Name and address] _____________________________________________________________

[State of incorporation] __________________________________________________________

[Liability limit] $ _______________________________________________________________

[Signature(s)] __________________________________________________________________

[Names(s) and title(s)] ___________________________________________________________

[Corporate seal)] _______________________________________________________________

[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]

Bond premium: $ ______________________________________________________________

APPENDIX 67-7

IRREVOCABLE STANDBY LETTER OF CREDIT

_____________________[Name and address of issuing institution]

_____________________[Name and address of Director of District of Columbia Department of Energy and Environment]

Dear Sir or Madam:

We hereby establish our Irrevocable Standby Letter of Credit No. _______________ in your favor, at the request and for the account of ______________[owner] of ___________________[address] up to the aggregate amount of ___________________[in words] U.S. dollars ($ __________[insert dollar amount]), available upon presentation of:

(1) Your sight draft, bearing reference to this letter of credit, No. ________________; and

(2) Your signed statement reading as follows: “I certify that the amount of the draft is payable pursuant to regulations issued under authority of Subtitle I of the Solid Waste Disposal Act, as amended.”

This letter of credit may be drawn on to cover _____________[insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”] arising from operating the underground storage tank(s) identified below in the amount of __________[in words] $[insert dollar amount] per occurrence and ______________[in words] $__[insert dollar amount] annual aggregate:

UST Facility I.D.

Number of UST(s)

Name/Address of

Number

UST(s) Facility

The letter of credit may not be drawn on to cover any of the following:

(a) Any obligation of _________________[owner] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of __________________[owner] arising from, and in the course of, employment by __________________[owner];

(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by _______________________[owner] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily injury or property damage for which _______________________[owner] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 20 DCMR §§ 6700.10 through 6700.17.

This letter of credit is effective as of _______________[date] and shall expire on _________________[date], but such expiration date shall be automatically extended for a period of _________________[at least the length of the original term] on _________________[expiration date] and on each successive expiration date, unless, at least one hundred twenty (120) days before the current expiration date, we notify __________________[owner] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event that _________________[owner] is so notified, any unused portion of the credit shall be available upon presentation of your sight draft for one hundred twenty (120) days after the date of receipt by ________________[owner], as shown on the signed return receipt.

Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of ________________[owner] in accordance with your instructions.

We certify that the wording of this letter of credit is identical to the wording specified in Appendix 67-7 of 20 DCMR Chapter 67 as such regulations were constituted on the date shown immediately below.

[Signature(s) of official(s) of issuing institution]

[Title(s) of official(s) of issuing institution]

[Date] ______________________________________________________________________________

This credit is subject to __________________[insert “the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce,” or “the Uniform Commercial Code”].

APPENDIX 67-8

TRUST AGREEMENT

Trust agreement, the “Agreement,” entered into as of _______________[date] by and between ______________________________[name of owner], a __________________[name of state] ____________________[“corporation,” “partnership,” “association,” or “proprietorship”], the “Grantor,” and __________________________________________[name of corporate trustee], ________________________[insert “Incorporated in the state of ________________” or “a national bank”], the Trustee.

Whereas, the United States Environmental Protection Agency, “EPA,” an agency of the United States Government, has established certain regulations applicable to the Grantor, requiring that an owner or operator of an underground storage tank shall provide assurance that funds will be available when needed for corrective action and third-party compensation for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of the underground storage tank. The attached Schedule A lists the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located that are covered by the [insert “standby” where trust agreement is a standby trust agreement] trust agreement.

(This paragraph is only applicable to the standby trust agreement.) [Whereas, the Grantor has elected to establish _____________________[insert either “a guarantee,” “surety bond,” or “letter of credit”] to provide all or part of such financial assurance for the underground storage tanks identified herein and is required to establish a standby trust fund able to accept payments from the instrument];

Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee;

Now, therefore, the Grantor and the Trustee agree as follows:

SECTION 1. DEFINITIONS

As used in this Agreement:

(a) The term “Grantor” means the owner who enters into this Agreement and any successors or assigns of the Grantor.

(b) The term “Trustee” means the Trustee who enters into this Agreement and any successor Trustee.

SECTION 2. IDENTIFICATION OF THE FINANCIAL ASSURANCE MECHANISM

(This section and paragraph is only applicable to the standby trust agreement.) [This Agreement pertains to the ___________________________[identity the financial assurance mechanism, either a guarantee, surety bond, or letter of credit, from which the standby trust fund is established to receive payments].

SECTION 3. ESTABLISHMENT OF FUND

The Grantor and the Trustee hereby establish a trust fund, the “Fund,” for the benefit of the District of Columbia Department of Energy and Environment (Department). The Grantor and the Trustee intend that no third-party have access to the Fund except as herein provided. (The following sentence is only applicable to the standby trust agreement) [The Fund is established initially as a standby to receive payments and shall not consist of any property.] Payments made by the provider of financial assurance pursuant to the Director of the Department’s instruction are transferred to the Trustee and are referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor as provider of financial assurance, any payments necessary to discharge any liability of the Grantor established by the Department.

SECTION 4. PAYMENT FOR [“CORRECTIVE ACTION” AND/OR “THIRD-PARTY LIABILITY CLAIMS”]

The Trustee shall make payments from the Fund as the Director shall direct, in writing, to provide for the payment of the costs of ________________________________[insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”] arising from operating the tanks covered by the financial assurance mechanism identified in the Agreement.

The Fund may not be drawn upon to cover any of the following:

(a) Any obligation of _____________________[owner] under a workers’ compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to any employee of ____________________[owner] arising from, and in the course of employment by ________________________[owner];

(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by __________________________[owner] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily injury or property damage for which ____________________[owner] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 20 DCMR §§ 6700.10 through 6700.17.

The Trustee shall reimburse the Grantor, or other persons as specified by the Department, from the Fund for corrective action expenditures and/or third-party liability claims in such amounts as the Director shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Director specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.

SECTION 5. PAYMENTS COMPRISING THE FUND

Payments made to the Trustee for the Fund shall consist of cash and securities acceptable to the Trustee.

SECTION 6. TRUSTEE MANAGEMENT

The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of the beneficiaries and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:

(a) Securities or other obligations of the Grantor, or any other owner or operator of the tanks, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 USC §§ 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the federal or a state government;

(b) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the federal or state government; and

(c) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.

SECTION 7. COMMINGLING AND INVESTMENT

The Trustee is expressly authorized in its discretion:

(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and

(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 USC §§ 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.

SECTION 8. EXPRESS POWERS OF TRUSTEE

Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:

(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;

(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;

(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depository even though when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by another person or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve Bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;

(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the federal or state government; and

(e) To compromise or otherwise adjust all claims in favor of or against the Fund.

SECTION 9. TAXES AND EXPENSES

All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.

SECTION 10. ADVICE OF COUNSEL

The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any questions arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.

SECTION 11. TRUSTEE COMPENSATION

The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.

SECTION 12. SUCCESSOR TRUSTEE

The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in writing sent to the Grantor and the present Trustee by certified mail ten (10) days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this section shall be paid as provided in Section 9.

SECTION 13. INSTRUCTIONS TO THE TRUSTEE

All orders, requests, and instructions by the Grantor to the trustee shall be in writing, signed by such persons as are designated in Schedule B or such other designees as the Grantor may designate by amendment to Schedule B. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor’s orders, requests, and instructions. All orders, requests, and instructions by the Director to the Trustee shall be in writing, signed by the Director, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Director hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Director, except as provided for herein.

SECTION 14. AMENDMENT OF AGREEMENT

This Agreement may be amended by an instrument in writing executed by the Grantor and the Trustee, or by the Trustee and the Director if the Grantor ceases to exist.

SECTION 15. IRREVOCABILITY AND TERMINATION

Subject to the right of the parties to amend this Agreement as provided in Section 14, above, this Trust shall be irrevocable and shall continue until terminated at the written direction of the Grantor and the Trustee, or by the Trustee and the Director, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.

SECTION 16. IMMUNITY AND INDEMNIFICATION

The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Director issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.

SECTION 17. CHOICE OF LAW

This Agreement shall be administered, construed, and enforced according to the laws of the District of Columbia, or the Comptroller of the Currency in the case of National Association banks.

SECTION 18. INTERPRETATION

As used in this Agreement, words in singular include the plural and words in the plural include the singular. The descriptive headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.

In Witness whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals (if applicable) to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in Appendix 67-8 of 20 DCMR Chapter 67 as such regulations were constituted on the date written above.

[Signature of grantor] ___________________________________________________________

[Name of the grantor] ___________________________________________________________

[Title] ________________________________________________________________________

Attest:

[Signature of trustee] ____________________________________________________________

[Name of trustee] _______________________________________________________________

[Title] ________________________________________________________________________

[Seal] ________________________________________________________________________

Attest:

[Signature of witness] ___________________________________________________________

[Name of witness] ______________________________________________________________

[Title] ________________________________________________________________________

[Seal] ________________________________________________________________________

District of Columbia, ______________ss:

On this ___________________[date], before me personally came ____________________ [owner] who, being by me duly sworn, did depose and say that he/she resides at _________________________[address] that he/s he is ___________________________[title] of _______________________[corporation], the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order.

[Signature of notary public] ______________________________________________________

[Name of notary public] _________________________________________________________

SCHEDULE A TO PRIVATE TRUST AGREEMENT

UST Facility I.D.

Number of UST(s)

Name/Address of

Number

UST(s) Facility

SCHEDULE B TO PRIVATE TRUST AGREEMENT

[Grantor should list here the name, title, and business address of each person with authority to issue orders, requests or instructions pertaining to this Private Trust Agreement on behalf of Grantor.]

APPENDIX 67-9

CERTIFICATION OF VALID CLAIM

The undersigned, as principals and as legal representatives of ______________________[owner] and _______________[insert name and address of third-party claimant], hereby certify that the claim of bodily injury [and/or] property damage caused by accidental release arising from operating _____________________________________[owner’s] underground storage tank should be paid in the amount of $ [].

[Signatures]

Owner

Attorney(s) for Owner

(Notary)

Date

[Signatures]

Claimant(s)

Attorney(s) for Claimant(s)

(Notary)

Date

District of Columbia Municipal Regulations

Environment

20 DCMR § 67-A

20 DCMR § 6700 PETROLEUM UST SYSTEMS

6700.1 The owner and operator of a petroleum UST shall demonstrate financial responsibility in accordance with the provisions of this chapter, except as otherwise provided in this section, for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs.

6700.2 State and federal government entities whose debts and liabilities are the debts and liabilities of a state, the United States, or the District of Columbia government are exempt from the requirements of this chapter.

6700.3 The requirements of this chapter do not apply to owners or operators of any UST described in §§ 5501.3 or 5503.

6700.4 If the owner and operator of a petroleum UST are separate persons, only the owner is required to demonstrate financial responsibility; however, both the owner and operator are liable for noncompliance.

6700.5 An owner is not required to maintain financial responsibility under this chapter for an UST after the UST has been permanently closed or undergone a change-in-service in accordance with Chapter 61, except as provided in § 6700.6.

6700.6 If the closure assessment performed in accordance with § 6101 indicates that corrective action is needed, the owner or operator shall maintain financial responsibility until the corrective action is completed in accordance with Chapter 62.

6700.7 The amounts of financial assurance required under this section do not include legal defense costs.

6700.8 The owner of any petroleum UST who has not previously filed a certification of financial responsibility with the Department shall immediately file, in accordance with § 5500.4, the certification in the form prescribed by Appendix 67-1 (Certification of Financial Responsibility).

6700.9 Within thirty (30) days after installation of a new petroleum UST or changing the substance stored in an UST to petroleum, the owner of the petroleum UST system shall file a certification of financial responsibility with the Department as described in § 6700.8.

6700.10 The owner of a petroleum UST shall demonstrate financial responsibility in the per-occurrence amount of at least one million dollars ($1,000,000):

(a) For a petroleum UST that is located at a petroleum marketing facility; and

(b) For a petroleum UST that handles an average of more than ten thousand (10,000) gallons of petroleum per month based on annual throughput for the previous calendar year.

6700.11 The owner of a petroleum UST not covered under § 6700.10 shall demonstrate financial responsibility in the per-occurrence amount of five hundred thousand dollars ($500,000).

6700.12 The owner of a petroleum UST shall demonstrate financial responsibility in at least the following annual aggregate amounts:

(a) For an owner of one (1) to one hundred (100) petroleum USTs, one million dollars ($1,000,000); and

(b) For an owner of one-hundred-one (101) or more petroleum USTs, two million dollars ($2,000,000).

6700.13 For the purposes of §§ 6700.12 and 6700.16 only, the term "petroleum UST" means a single containment unit and does not mean combinations of single containment units.

6700.14 Except as provided in § 6700.15, if an owner uses separate mechanisms or separate combinations of mechanisms authorized under § 6701, the amount of assurance provided by each separate mechanism or combination of mechanisms shall be meet the aggregate amount specified in §§ 6700.10 through 6700.12.

6700.15 If an owner uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different USTs, the annual aggregate amount required under § 6700.12 shall be based on the number of tanks covered by each separate mechanism or separate combination of mechanisms.

6700.16 Owners shall review the amount of aggregate assurance required whenever one (1) or more additional petroleum USTs are acquired or installed. If, after review, the number of petroleum USTs for which financial responsibility must be demonstrated exceeds one hundred (100), the owner shall comply with the requirements of § 6700.12(b) by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective. If financial responsibility is being demonstrated by a combination of mechanisms, the owner shall demonstrate financial responsibility in the amount of at least two million dollars ($2,000,000) of annual aggregate assurance by the first-occurring effective date anniversary of any one of the mechanisms, combined (other than a financial test or guarantee) to provide assurance.

6700.17 The per-occurrence and annual aggregate coverage amounts required under this section shall not in any way limit the liability of the owner or operator.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5767 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6700

20 DCMR § 6701 FINANCIAL RESPONSIBILITY MECHANISMS

6701.1 Subject to the limitations of §§ 6701.2 and 6701.3, the owner of a petroleum UST may use any single mechanism or combination of mechanisms listed in §§ 6703 through 6710 to demonstrate financial responsibility under this chapter for one (1) or more USTs.

6701.2 An owner may use a guarantee or surety bond to establish financial responsibility only if the Office of the Attorney General of the District of Columbia has submitted a written statement to the Department that the guarantee or surety bond executed as described in this chapter is a legally valid and enforceable obligation in the District.

6701.3 An owner may use self-insurance in combination with a guarantee only if, for the purpose of meeting the requirements of the financial test under §§ 6703 through 6705, the financial statements of the owner are not consolidated with the financial statements of the guarantor.

6701.4 Subject to the requirements of §§ 6701.5 and 6701.6, an owner may substitute any alternative financial assurance mechanism or combination of mechanisms specified in §§ 6703 through 6710 for a financial assurance mechanism currently in place.

6701.5 If an owner substitutes an alternative financial mechanism, the owner shall maintain the existing financial assurance mechanism or combination of mechanisms in effect, in compliance with the requirements of § 6700, until the transition to the alternative mechanism or mechanisms is completed.

6701.6 An owner shall obtain alternative assurance of financial responsibility within thirty (30) days after the owner receives notice of any of the following:

(a) Commencement of a voluntary or involuntary proceeding under Title 11 of the United States Code (Bankruptcy) naming a provider of financial assurance as a debtor;

(b) Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism;

(d) Any other incapacity of a provider of financial assurance.

6701.7 Whenever there is a change in a financial assurance mechanism used to demonstrate financial responsibility, the owner shall update the certification of financial responsibility within thirty (30) days of the change in accordance with §5500.4 and in the form prescribed by Appendix 67-1 (Certification of Financial Responsibility).

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5770 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6701

20 DCMR § 6702 FINANCIAL RESPONSIBILITY RECORDS AND REPORTS

6702.1 Each owner shall maintain a copy of each financial assurance mechanism used to demonstrate financial responsibility under §§ 6703 through 6710 of this chapter for each UST until released from the requirements of this chapter under §§ 6700.5 or 6700.6.

6702.2 An owner may maintain the documentary evidence required under § 6702.1 at the UST facility or the owner's or operator's place of business. Records that are not maintained at the UST facility shall be made available to the Department upon request.

6702.3 Each owner using an assurance mechanism specified in §§ 6703 through 6710 shall maintain a copy of the assurance instrument in the form prescribed in §§ 6703 through 6710.

6702.4 Each owner using a financial test of self-insurance or guarantee shall maintain a copy of the chief financial officer's letter of assurance based on year-end financial statements for the most recent completed financial reporting year. This letter shall be on file at the UST facility or the owner’s or operator’s place of business not later than one hundred twenty (120) days after the close of the owner's financial reporting year.

6702.5 An owner using a guarantee, surety bond, or letter of credit shall maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement.

6702.6 An owner using an insurance policy or risk retention group coverage shall maintain a copy of the signed insurance policy or risk retention group coverage policy, along with the endorsement or certificate of insurance and any amendments to the agreements.

6702.7 An owner shall maintain a copy of the certification of financial responsibility that is required to be filed under §§ 6700.8, 6700.9 and 6701.7 at the UST facility or the owner's place of business.

6702.8 An owner shall submit evidence of current financial responsibility to the Department not later than thirty (30) days after the owner or operator identifies a spill, overfill, release, or suspected release from an UST system required to be reported under § 6201 or § 6202.

6702.9 An owner shall submit evidence of current financial responsibility to the Department not later than thirty (30) days after the owner or operator receives notice of the incapacity of a provider of assurance under § 6701.6.

6702.10 The Department may require an owner at any time to submit evidence of financial assurance or any other information relevant to compliance with §§ 6703 through 6711.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5771 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6702

20 DCMR § 6703 FINANCIAL TEST OF SELF-INSURANCE

6703.1 An owner or a guarantor may satisfy the requirements of § 6700 by passing either of the financial tests set forth in this section.

6703.2 To pass a financial test of self-insurance, the owner or guarantor shall meet either of the following based on year-end financial statements for the latest completed fiscal year:

(a) The criteria of Test A, as set forth in § 6704; or

(b) The criteria of Test B, as set forth in § 6705.

6703.3 To demonstrate that the owner or guarantor meets either of the financial tests under § 6703.2, the chief financial officer of the owner or guarantor shall sign a letter of assurance in the form specified in Appendix 67-2 (Financial Test of Self-Insurance) not later than one hundred twenty (120) days after the close of each financial reporting year, as defined by the twelve (12) month period for which financial statements used support the financial test are prepared.

6703.4 If an owner no longer meets the requirements of the financial test set forth in §§ 6704 or 6705 based on year-end financial statements, the owner shall obtain alternative assurance not later than one hundred fifty (150) days after the end of the year for which the financial statements used were prepared.

6703.5 The Department may require reports of financial condition at any time from the owner or guarantor demonstrating compliance with this section. If the Department finds, on the basis of any report or other information, that the owner or guarantor no longer meets the financial test requirements of this section, the owner shall be required to obtain alternative assurance not later than thirty (30) days after the Department notifies the owner of the finding.

6703.6 If an owner fails to obtain alternative assurance as required by §§ 6703.4 or 6703.5, the owner shall notify the Department, in accordance with § 5500.4, of the failure not later than ten (10) days after the expiration of the required period.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5772 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6703

20 DCMR § 6704 FINANCIAL TEST OF SELF-INSURANCE: TEST A

6704.1 To meet financial Test A, the owner, guarantor, or both shall have a tangible net worth of at least ten (10) times the sum of the following:

(a) The total of the applicable aggregate amount required by § 6700, based on the number of USTs for which a financial test is used to demonstrate financial responsibility to the Department;

(b) The sum of the corrective action cost estimates, the current closure and post-closure care cost estimates, and the amount of liability coverage for which a financial test is used to demonstrate financial responsibility to the Department; and

(c) The sum of current plugging and abandonment cost estimates for which a financial test is used to demonstrate financial responsibility to the Department.

6704.2 The owner or guarantor seeking to meet financial Test A shall have a tangible net worth of at least ten million dollars ($10,000,000).

6704.3 The owner or guarantor seeking to meet financial Test A shall have a letter of assurance signed by the chief financial officer in the form specified by Appendix 67-2 (Financial Test of Self-Insurance Letter from Chief Financial Officer).

6704.4 The owner or guarantor seeking to meet financial Test A must either:

(a) File financial statements annually with the U.S. Securities and Exchange Commission, the Energy Information Administration, or the Rural Utilities Service; or

(b) Report the firm's tangible net worth annually to Dun and Bradstreet, and Dun and Bradstreet must have assigned the firm a financial strength rating of 4A or 5A.

6704.5 The owner or guarantor seeking to meet financial Test A cannot have year-end financial statements, if independently audited, that include an adverse auditor’s opinion, a disclaimer of opinion, or a “going concern” qualification.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5773 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6704

20 DCMR § 6705 FINANCIAL TEST OF SELF-INSURANCE: TEST B

6705.1 To meet financial Test B, the owner or a guarantor shall meet the federal financial test requirements set forth in 40 CFR § 264.147(f)(1), substituting the appropriate amount specified in §§ 6700.12(a) or (b) for the "amount of liability coverage" each time specified in the federal regulations.

6705.2 The fiscal year-end financial statements of the owner or guarantor seeking to meet financial Test B shall be examined by an independent certified public accountant and be accompanied by the accountant's report of the examination.

6705.3 The owner or guarantor seeking to meet financial Test B cannot have year-end financial statements that include an adverse auditor's opinion, a disclaimer of opinion, or a “going concern” qualification.

6705.4 The owner or guarantor seeking to meet financial Test B shall have a letter of assurance signed by the chief financial officer in the form specified by Appendix 67-2 (Financial Test of Self-Insurance).

6705.5 If the financial statements of the owner or guarantor seeking to meet financial Test B are not submitted annually to the U.S. Securities and Exchange Commission, the Energy Information Administration, or the Rural Utilities Service, the owner or guarantor shall obtain a special report by an independent certified public accountant stating the following:

(a) The certified public accountant has compared the data that the letter from the chief financial officer specifies as having been derived from the latest year-end financial statements of the owner or guarantor with the amounts in the financial statements; and

(b) In connection with that comparison, no matters came to the attention of the certified public accountant that caused him or her to believe the specified data should be adjusted.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5774 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6705

20 DCMR § 6706 GUARANTEES

6706.1 An owner may satisfy the requirements of § 6700 by obtaining a guarantee that conforms to the requirements of this section.

6706.2 The guarantor shall be a firm that:

(a) Has a controlling interest in the owner;

(b) Has a controlling interest in a firm that has a controlling interest in the owner;

(d) Is engaged in a substantial business relationship with the owner and issues the guarantee as an act incident to that business relationship.

For purposes of this section, the phrase “controlling interest” means direct ownership of at least fifty percent (50%) of the voting stock of another entity.

6706.3 Each guarantee issued under this section shall be provided in the form prescribed by Appendix 67-3 (Guarantee).

6706.4 Not later than one hundred twenty (120) days after the close of each financial reporting year, the guarantor shall demonstrate that it meets the financial test criteria of §§ 6704 or 6705 based on year-end financial statements for the latest completed financial reporting year by completing a letter of assurance from the chief financial officer, as described in § 6703.3, and delivering the letter to the owner.

6706.5 If the guarantor fails to satisfy the financial tests of either §§ 6704 or 6705 at the end of any financial reporting year, the guarantor shall notify the owner by certified mail, return receipt requested, not later than one hundred twenty (120) days after the end of that financial reporting year, and before cancellation or non-renewal of the guarantee.

6706.6 If the Department notifies the guarantor that the guarantor no longer satisfies the financial tests of either §§ 6704 or 6705, or the requirements of § 6703.3, the guarantor shall notify the owner by certified mail, return receipt requested, not later than ten (10) days after receiving the notification from the Department.

6706.7 The guarantee shall terminate not less than one hundred twenty (120) days after the date the owner receives the notification pursuant to §§ 6706.5 or 6706.6 as evidenced by the return receipt. The owner shall obtain alternative assurance in accordance with § 6701.6.

6706.8 An owner that uses a guarantee to satisfy the requirements of § 6700 shall establish a standby trust fund in accordance with § 6711 when the guarantee is obtained.

6706.9 Under the terms of the guarantee, all amounts paid by the guarantor under the guarantee shall be deposited directly into the standby trust fund in accordance with § 6712.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5775 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6706

20 DCMR § 6707 INSURANCE AND RISK RETENTION GROUP COVERAGE

6707.1 An owner may satisfy the requirements of § 6700 by obtaining liability insurance that meets the requirements of this section from a qualified insurer or risk retention group.

6707.2 The liability insurance required under this section may be in the form of a separate insurance policy or an endorsement to an existing insurance policy.

6707.3 Each certificate of insurance and each insurance policy endorsement issued under this section shall be in the form prescribed by Appendix 67-4 (Certificate of Insurance) or Appendix 67-5 (Endorsement).

6707.4 Each insurance policy shall be issued by an insurer or risk retention group that, at a minimum, is licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in the District of Columbia.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6707

20 DCMR § 6708 SURETY BONDS

6708.1 An owner may satisfy the requirements of § 6700 by obtaining a surety or performance bond that conforms to the requirements of this section.

6708.2 The surety company issuing the bond shall be among those listed as acceptable sureties on federal bonds in the latest U.S. Department of the Treasury Circular 570.

6708.3 Each surety bond shall be provided in the form prescribed by Appendix 67-6 (Performance Bond).

6708.4 Under the terms of the bond, the surety shall become liable on the bond obligation when the owner fails to perform as guaranteed by the bond. In all cases, the surety’s liability is limited to the per-occurrence and annual aggregate penal sums set forth in § 6700.

6708.5 The owner who uses a surety bond to satisfy the requirements of § 6700 shall establish a standby trust fund in accordance with § 6711 when the surety bond is acquired.

6708.6 Under the terms of the bond, all amounts paid by the surety under the bond shall be deposited directly into the standby trust fund in accordance with § 6712.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5777 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6708

20 DCMR § 6709 LETTER OF CREDIT

6709.1 An owner may satisfy the requirements of § 6700 by obtaining an irrevocable standby letter of credit that meets the requirements of this section.

6709.2 The issuing institution shall be an entity that has the authority to issue letters of credit in the District of Columbia and whose letter of credit operations are regulated and examined by an agency of the federal government or the District of Columbia.

6709.3 Each letter of credit issued under this section shall be in the form prescribed by Appendix 67-7 (Irrevocable Standby Letter of Credit).

6709.4 An owner who uses a letter of credit to satisfy the requirements of § 6700 shall also establish a standby trust fund in accordance with § 6711 when the letter of credit is acquired.

6709.5 Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department shall be deposited by the issuing institution directly into the standby trust fund in accordance with § 6712.

6709.6 Each letter of credit shall be irrevocable with a term specified by the issuing institution.

6709.7 Each letter of credit shall provide that credit be automatically renewed for the same term as the original term, unless the issuing institution notifies the owner by certified mail, return receipt requested, of its decision not to renew the letter of credit at least one hundred twenty (120) days before the current expiration date. Under the terms of the letter of credit, the one hundred twenty (120) days shall begin on the date when the owner receives the notice, as evidenced by the return receipt.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5777 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 679

20 DCMR § 6710 PRIVATE TRUST FUNDS

6710.1 An owner may satisfy the requirements of § 6700 by establishing a private trust fund that conforms to the requirements of this section.

6710.2 The trustee shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by an agency of the federal government or the District of Columbia.

6710.3 Each trust agreement shall be in the form prescribed by Appendix 67-8 (Trust Agreement) and shall be accompanied by a formal certification of acknowledgement in the specified form.

6710.4 The private trust fund, when established, shall be funded for the full required amount of assurance or funded for part of the required amount of assurance and used in combination with other mechanism(s) that provide the remaining required assurance.

6710.5 If the value of the trust fund is greater than the required amount of assurance, the owner may submit a written request to the Department in accordance with § 5500.4 for release of the excess.

6710.6 If other financial assurance, or combination of assurance mechanisms, as specified in §§ 6703 through 6709, is substituted for all or part of the trust fund, the owner may submit a written request to the Department in accordance with § 5500.4 for release of the excess.

6710.7 Not later than sixty (60) days after receiving a request from the owner for release of funds as specified in §§ 6710.5 or 6710.6, the Department will instruct the trustee in writing to release to the owner the excess funds in the amount specified by the Department.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5778 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6710

20 DCMR § 6711 STANDBY TRUST FUNDS

6711.1 An owner using any of the mechanisms authorized under §§ 6706, 6708, or 6709 shall establish a standby trust fund when the mechanism is acquired.

6711.2 The trustee of a standby trust fund shall be an entity that has the authority to act as a trustee and whose trust operations are examined and regulated by an agency of the federal government or the District of Columbia.

6711.3 Each standby trust agreement shall be in the form prescribed by Appendix 67-8 (Trust Agreement), and shall be accompanied by the prescribed formal certification of acknowledgement.

6711.4 The Department will instruct the trustee to refund the balance of the standby trust fund to the provider of financial assurance if the Department determines that no additional corrective action costs or third-party liability claims will occur as a result of a release covered by the financial assurance mechanism for which the standby trust fund was established.

6711.5 An owner may establish a single trust fund as the depository mechanism for all funds assured in compliance with this chapter, including standby trust funds.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5779 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6711

20 DCMR § 6712 DRAWING ON FINANCIAL ASSURANCE MECHANISM

6712.1 A guarantor, surety, or issuer of a letter of credit shall place the amount of funds specified by the Department, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if both of the following occur:

The owner fails to establish alternative financial assurance within sixty (60) days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or other financial assurance mechanism; and

(b) The Department determines or suspects that a release from an UST covered by the mechanism has occurred and has notified the owner or operator, or the owner or operator has notified the Department of a release from an UST covered by the assurance mechanism.

6712.2 A guarantor, surety, or person issuing a letter of credit shall place the amount of funds specified by the Department, up to the limit of funds provided by the financial assurance mechanism, into a standby trust if any of the conditions set forth in §§ 6712.3(a), (b)(1), or (b)(2) occurs.

6712.3 The Department may draw on a standby trust fund when either of the following occurs:

(a) The Department makes a final determination that a release has occurred and immediate or long-term corrective action for the release is needed, and the owner or operator, after appropriate notice and opportunity to comply, has not conducted corrective action as required under Chapter 62; or

(b) The Department has received either of the following:

(1) Certification from the owner, the third-party liability claimant(s), and the attorneys representing the owner and the third-party liability claimant(s) that a third-party liability claim should be paid. The certification shall be in the form prescribed by Appendix 67-9 (Certification of Valid Claim); or

(2) A valid final court order establishing a judgment against the owner or operator for bodily injury or property damage that was caused by an accidental release from an underground storage tank covered by financial assurance under this chapter, and the Department determines that the owner or operator has not satisfied the judgment.

6712.4 If the Department determines that the amount of corrective action costs and third-party liability claims eligible for payment as provided in § 6712.3(b) may exceed the balance of the standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment.

6712.5 The Department will pay third-party liability claims in the order in which the Department receives certifications and valid court orders under § 6712.3(b).

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5779 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6712

20 DCMR § 6713 REPLENISHMENT OF GUARANTEES, LETTERS OF CREDIT, OR SURETY BONDS

6713.1 If at any time after a standby trust is funded with funds drawn from a guarantee, letter of credit, or surety bond, and the amount in the standby trust is reduced below the full amount of coverage required, the owner shall do either of the following by the anniversary date of the financial mechanism from which the funds were drawn:

(a) Replenish the value of financial assurance to equal the full amount of coverage required; or

(b) Acquire another financial assurance mechanism for the amount by which funds in the standby trust have been reduced.

6713.2 For purposes of this section, the full amount of coverage required is the amount of coverage required under § 6700. If a combination of mechanisms was used to provide the assurance funds that were drawn upon, replenishment shall occur by the earliest anniversary date among the mechanisms.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5781 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6713

20 DCMR § 6714 CANCELLATION OR NON-RENEWAL OF FINANCIAL ASSURANCE

6714.1 Except as otherwise provided in this chapter, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail, return receipt requested, to the owner.

6714.2 Termination of a guarantee, surety bond, or letter of credit may not occur until one hundred twenty (120) days after the date on which the owner receives the notice of termination, as evidenced by the return receipt.

6714.3 Termination of insurance or risk retention group coverage, except for non-payment of premium(s) or misrepresentation by the insured, may not occur until sixty (60) days after the date on which the owner receives the notice of termination, as evidenced by the return receipt. Termination due to non-payment of premium(s) or misrepresentation by the insured may not occur until a minimum of ten (10) days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.

6714.4 The provider of financial assurance shall send a copy of each notice of cancellation or termination to the Department, in accordance with § 5500.4, at the same time the notice is sent to the owner.

6714.5 If a provider of financial responsibility cancels or fails to renew for reasons other than the incapacity of the provider as specified in § 6701.6, the owner shall obtain alternate coverage as specified in this section not later than sixty (60) days after receipt of the notice of termination.

6714.6 If an owner fails to obtain alternate coverage within sixty (60) days after receiving a notice of termination, the owner shall notify the Department of the failure in accordance with § 5500.4 and submit the following to the Department:

(a) The name and address of the provider of the financial assurance mechanism subject to termination;

(b) The effective date of termination; and

(c) The evidence of the financial assurance mechanism subject to the termination that is maintained in accordance with § 6702.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5781 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6714

20 DCMR § 6715 BANKRUPTCY OR INCAPACITY

6715.1 Within ten (10) days after commencement of a voluntary or involuntary proceeding under Title 11 of the United States Code (Bankruptcy) naming an owner as debtor, the owner shall, in accordance with § 5500.4, notify the Department by certified mail, return receipt requested, of the commencement of the proceedings, and submit to the Department the appropriate forms listed in §§ 6702.4 through 6702.7 documenting current financial responsibility.

6715.2 Within ten (10) days after commencement of a voluntary or involuntary proceeding under Title 11 of the United States Code (Bankruptcy) naming a guarantor providing financial assurance as debtor, the guarantor shall notify the owner by certified mail, return receipt requested, of the commencement of proceedings, as required under § 6706.

6715.3 An owner who obtains financial assurances by a mechanism other than the financial test of self-insurance is deemed to be without the required financial assurance in the event of a bankruptcy or incapacity of its provider of financial assurance, or a suspension or revocation of the authority of the provider of financial assurance to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, or letter of credit.

6715.4 An owner shall obtain alternative financial assurance, in accordance with this chapter, not later than thirty (30) days after receiving notice of the bankruptcy or incapacity of its provider of financial assurance, or the suspension or revocation of the authority of its provider of financial assurance to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, or letter of credit.

6715.5 If an owner does not obtain alternative assurance within thirty (30) days after notification of bankruptcy or incapacity, as provided in this section, the owner shall notify the Department.

History

SOURCE: Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5782 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 6715

20-70 UNDERGROUND STORAGE TANKS - DEFINITIONS

20 DCMR § 7099 DEFINITIONS

7099.1 When used in the UST Regulations, the following terms and phrases shall have the meanings ascribed:

Accidental release - any release of petroleum, neither expected nor intended by the tank owner or operator, arising from operating an underground storage tank that results in the need for corrective action or compensation for bodily injury or property damage.

Act - the District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code §§ 8-113.01 et seq.).

Agent in charge - a person designated by an owner or operator with direct supervisory responsibility for an activity or operation at a facility, such as the transfer of a regulated substance to or from any point in the facility.

Airport hydrant fuel distribution system or airport hydrant system - an UST system used to fuel aircraft and that operates under high pressure with large diameter piping that typically terminates into one or more hydrants or fill stands. The airport hydrant system begins where fuel enters one or more tanks from an external source, such as a pipeline, barge, rail car, or other motor fuel carrier.

Ancillary equipment - any device, including but not limited to piping, fittings, flanges, valves, and pumps, used to distribute, meter, or control the flow of regulated substances to and from an UST.

Authorized agent - a person authorized by appointment or by law to receive service of process for another person, including a registered agent.

Beneath the surface of the ground - located under the land’s surface or covered with earthen materials.

Bodily injury - the meaning given to this term under applicable District of Columbia law; however, the term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury.

Cathodic protection - a technique to prevent corrosion of a metal surface by making the surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.

Change-in-service - the transition from storing a regulated substance in an UST system to storing a non-regulated substance, such as water, in the UST system.

Chemical(s) of concern - constituents of a regulated substance that are identified for evaluation in the risk assessment process.

Class A operator - the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements of the Act and UST Regulations. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.

Class B operator - the individual who has day-to-day responsibility for implementing applicable regulatory requirements of the Act and UST Regulations. The Class B operator typically implements in-field aspects of operations, maintenance, and associated recordkeeping for the UST system.

Class C operator - the individual responsible for initially addressing emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.

Closure-in-place - a method of permanently closing an UST system that cannot be removed from the ground by removing all of the regulated substances left in the UST system and filling the tank with inert material.

Compatible - the ability of two (2) or more substances to maintain the respective physical and chemical properties upon contact with one another for the design life of the UST system under conditions likely to be encountered in the UST.

Consumptive use - when describing heating oil use, consumed on the premises where the UST is located.

Containment sump - a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps, and related components in the containment area. Containment sumps may be single walled or secondarily contained and located at the top of tank (such as a tank top or submersible turbine pump sump), underneath the dispenser (such as a under-dispenser containment sump), or at other points in the piping run (such as a transition or intermediate sump).

Corrective action - the sequence of actions that address a release or threatened release from an UST or UST system, which include site investigation, initial response and abatement, free product removal, well installation, site assessment, development of a corrective action plan, remediation, site monitoring, and well closure.

Corrosion expert - a person who is accredited or certified as being qualified by the National Association of Corrosion Engineers, or is a registered professional engineer with certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

Department - the District of Columbia Department of Energy and Environment.

Dielectric material - a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST system from one another, such as a tank from piping.

Dispenser - equipment located aboveground that dispenses regulated substances from the UST system.

Dispenser system - the dispenser and the equipment necessary to connect the dispenser to the UST system.

District - the District of Columbia.

Earthen materials - earth, soil, ground, clay, gravel, sand, silt, and rock.

Electrical equipment - underground equipment that contains dielectric fluid that is necessary for the operation of equipment, such as transformers and buried electrical cable.

Emergency generator tank - an UST that stores fuel solely for the use of emergency power generation or backup systems.

Engineering control - a physical modification to a site or facility (such as a slurry wall, cap, vapor barrier, or point of use water treatment system) to reduce or eliminate the potential for exposure to chemical(s) of concern.

Environmentally sensitive receptor - a wetland; wildlife breeding or wintering area for a species of concern; habitat for an endangered plant or animal species; federal or local park; or other area or thing that can be adversely impacted by exposure to pollution or contamination.

Excavation zone - the volume containing the UST system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

Existing UST system - an UST system used to contain a regulated substance for which installation commenced on or before November 12, 1993. Installation is considered to have commenced if the owner or operator obtained all federal and District of Columbia government approvals or permits necessary to begin physical construction of the facility or installation of the tank system, and either:

(a) A continuous physical construction or installation program has begun at the facility; or

(b) The owner or operator has entered into contractual obligations for physical construction at the facility or installation of the tank system to be completed within a reasonable time and that could not be canceled or modified without substantial loss.

Exposure - an organism’s contact with chemical(s) of concern that may be absorbed at the exchange boundaries (such as skin, lungs, and liver).

Exposure assessment - an assessment to determine the extent of exposure of, or potential for exposure of, receptors to regulated substances from a release from an UST based on factors such as the nature and extent of the contamination, the existence of or potential for exposure pathways (including ground or surface water contamination, air emissions, and food chain contamination), the size of the community within the likely pathways of exposure, and the comparison of expected exposure levels to the short-term and long-term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for such contaminants.

Exposure pathway - the course a chemical (or chemicals) of concern takes from the source area(s) to an exposed organism. An exposure pathway describes a unique mechanism by which an individual or population is exposed to a chemical(s) of concern originating from a site. Each exposure pathway includes a source or release from a source, a point of exposure, and an exposure route. If the exposure point differs from the source, a transport medium (such as air) is also included.

Exposure route - the manner in which a chemical(s) of concern comes in contact with an organism (such as ingestion, inhalation, or dermal contact).

Facility – a location containing one (1) or more underground storage tanks .

Farm tank - a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank must be located on the farm property. Farms include fish hatcheries, rangeland, and nurseries with growing operations.

Field-constructed tank - a tank constructed in the field, such as a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field.

Financial reporting year - the latest consecutive twelve (12) month period for which any of the following reports used to support a financial test is prepared:

(a) A 10-K report submitted to the Securities and Exchange Commission;

(b) An annual report of tangible net worth submitted to Dun and Bradstreet; or

Flow-through process tank - a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process, or for the storage of finished products or by-products from the production process.

Free product - a regulated substance that is present as a non-aqueous phase liquid.

Gathering line - any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

Green remediation - integrating environmentally beneficial or neutral practices into decision making, design, and implementation of remedial action, including conservation of natural resources, efficient use of energy, protection of air quality, recycling wastes, and minimizing pollution at the source.

Guarantor - any person, other than the owner, who provides evidence of financial responsibility for the underground storage tank facility.

Hazard index - the sum of two (2) or more hazard quotients for all relevant chemicals of concern and each of their exposure pathways.

Hazard quotient - the ratio of the level of exposure of a chemical of concern over a specified time period to a reference dose for that chemical of concern derived for a similar exposure period and exposure pathway.

Hazardous substance - a hazardous substance as defined in § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC § 9601(14) (but not including any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 USC §§ 6901 et seq.).

Hazardous substance UST system - an UST system that contains a hazardous substance, or any mixture of hazardous substances and petroleum, and which is not a petroleum UST system.

Heating oil - petroleum that is No. 1, No. 2, No. 4 (light), No. 4 (heavy), No. 5 (light), No. 5 (heavy), and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.

Heating oil tank - an UST used for storing heating oil for consumptive use on the premises where the tank is located.

Hydraulic lift tank - a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate a lift, elevator, or other similar device.

Inert material - a substance or material that is not chemically or biologically reactive, such as cement slurry, flowable fly ash, flowable mortar, or polyurethane or expandable foam.

Initial response the action first taken to mitigate hazards to human health, safety, and the environment, including immediate or short-term abatement or containment measure to prevent the spread of a release.

Institutional control - a limitation on use of or access to a site or facility to eliminate or minimize potential exposure to one or more chemicals of concern, such as an easement, environmental covenant, zoning restriction, groundwater use restriction, or enforcement order.

Interim remedial action - ongoing action to mitigate fire and safety hazards and to prevent further migration of hydrocarbons in their vapor, dissolved, or liquid phase.

Leaking underground storage tank system or LUST system - an UST system from which there is a release of a regulated substance to the environment.

Legal defense cost - any expense that an owner or operator, or a provider of financial assurance, incurs in defending against claims or actions brought:

(a) By the U.S. Environmental Protection Agency, the District of Columbia, or a state to require corrective action or to recover the costs of corrective action;

(b) By or on behalf of a third party for bodily injury or property damage caused by an accidental release; or

Liquid trap - a sump, well cellar, or other trap used in association with oil and gas production, gathering, and extraction operations (including gas production plants) for the purpose of collecting oil, water, and other liquids. A liquid trap may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

Maintenance - the normal operational upkeep to prevent an UST system from releasing a regulated substance.

Monitoring pipe - an observation well installed in the excavation zone, and used for measuring a release of regulated substance from the tank. The term does not include a groundwater monitoring well installed outside the excavation zone and used to sample groundwater for the presence of contamination.

Motor fuel - a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (such as motor gasoline blended with alcohol).

Natural attenuation - the reduction in the concentration(s) of chemicals of concern in environmental media due to naturally occurring physical, chemical, and biological processes (such as diffusion, dispersion, adsorption, chemical degradation, and biodegradation).

New UST system - an UST system that is or will be used to contain an accumulation of regulated substances and for which installation began after November 12, 1993.Installation is considered to have commenced if the owner or operator obtained all federal and District of Columbia government approvals or permits necessary to begin physical construction of the facility or installation of the tank system, and either:

(a) A continuous physical construction or installation program has begun at the facility; or

Non-aqueous phase liquid - a chemical that is insoluble or only slightly soluble in water and exists on or below the groundwater table.

Non-safe suction piping - all suction piping not meeting the definition of safe suction piping.

Occurrence - an accident, including continuous or repeated exposure to conditions, that results in a release from an UST. This definition is not intended either to limit the meaning of “occurrence” in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of “occurrence.”

On the premises where located - with respect to heating oil USTs, located on the same property where the stored heating oil is used.

Operational life - the period beginning from when installation of an UST system has commenced until the time the UST system is permanently closed in accordance with Chapter 61.

Operator - any person in control of, or having responsibility for, the daily operation of a facility.

Overfill release- a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.

Owner -

(a) In the case of an UST in use on or after November 8, 1984, any person who owns an UST used for the storage, use, or dispensing of regulated substances; or

(b) In the case of an UST in use before November 8, 1984, but no longer in use on that date, any person who owned a tank immediately before discontinuation of its use.

Person - any individual, partnership, corporation (including a government corporation), trust, firm, joint stock company, association, consortium, joint venture, commercial entity, state, municipality, commission, political subdivision of a state, the District of Columbia government, the United States government, a foreign government, or any interstate body.

Petroleum - crude oil or any fraction of crude oil, that is liquid at standard conditions of temperature and pressure of sixty degrees (60º) Fahrenheit and fourteen and seven tenths pounds per square inch (14.7 psi) absolute.

Petroleum marketing facility - a facility at which petroleum is produced or refined, and any facility from which petroleum is sold or transferred to other petroleum marketers or to the public.

Petroleum UST system - an UST system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Petroleum UST systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

Pipe or piping - a hollow cylinder or tubular conduit that is constructed of non-earthen materials.

Pipeline facility - a new or existing pipe right-of-way and any associated equipment, facilities, or buildings, including gathering lines.

Point of demonstration - a location selected at or between the source and the potential point of exposure where the concentration of one or more chemicals of concern shall be at or below the determined target levels in media (for example, ground water, soil, or air).

Point of exposure - the point at which an individual or population may come in contact with one or more chemicals of concern originating from a source.

Pressurized piping - UST system piping that regularly carries a regulated substance with a force behind the flow that is greater than the ambient atmospheric pressure.

Property damage - the meaning given to this term by applicable law of the District of Columbia. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy.

Provider of financial assurance - an entity that provides financial assurance to an owner or operator of an UST through one of the mechanisms listed in §§ 6703-6710, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, or trustee.

Real property owner - the owner of real property where an underground storage tank is or was located, or where contamination from an underground storage tank is discovered.

Receptors - individuals, populations, structures, utilities, wildlife, wetlands, habitats, parks, surface waters, and water supply wells that are or may be adversely affected by a release.

Regulated substance -

(a) Any hazardous substance defined in § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC § 9601(14), but not including any substance regulated as a hazardous waste under subtitle C of title II of the Solid Waste Disposal Act, approved October 21, 1976, 42 USC §§ 6901 et seq.;

(b) Petroleum; or

(c) Any petroleum-based substance comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

Release - any spill, leak, emission, discharge, escape, leach, or disposing from an UST. The term includes, but is not limited to, any release into ground water, surface water, or subsurface soils.

Release detection - determining whether a release of a regulated substance has occurred from an UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

Remediation or remedial action - any activity conducted to clean up a site where contamination by petroleum or chemicals of concern exceeds District of Columbia or federal standards for soil or water quality, or otherwise deemed necessary to protect human health, safety, and the environment. Examples include removal of contaminated soil, treatment of soil or groundwater, or installation of engineering controls, including the use of green remediation techniques.

Repair - to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other UST system component that has caused a release of product from the UST system or has failed to function properly.

Replace -

(a) For a tank, to remove a tank and install another tank; and

(b) For piping, to remove fifty percent (50%) or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run.

Residential tank - a tank located on property used primarily for dwelling purposes.

Responsible party -

(a) An owner or operator;

(b) A person who caused or contributed to a release from an underground storage tank system;

(c) A person who caused a release as a result of transfer of a regulated substance to or from an underground storage tank system;

(d) A person found to be negligent, including any person who previously owned or operated an underground storage tank or facility, or who arranged for or agreed to the placement of an underground storage tank system by agreement or otherwise; or

(e) The owner of real property where an underground storage tank is or was located, or where contamination from an underground storage tank is discovered if the owner or operator of the tank as defined in this chapter cannot be located or is insolvent, or if the real property owner refuses without good cause to permit the owner or operator of the tank access to the property to investigate or remediate the site.

Risk assessment - an analysis of the potential for adverse health effects from exposure to a chemical of concern to determine whether remedial action is needed or to develop target levels for remedial action.

Risk-based corrective action or RBCA - a risk-based decision making process designed to integrate risk and exposure assessments to tailor corrective action activities to site-specific conditions and risks, and to ensure that the chosen action is protective of human health and the environment.

Risk-based screening level or screening level – the risk-based corrective action target level for a chemical of concern developed under the Tier 1 evaluation.

Safe suction piping - suction piping designed and constructed to meet the following standards:

(a) The below-grade piping operates at less than atmospheric pressure;

(b) The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;

(d) The check valve is located directly below and as close as practical to the suction pump.

Secondary containment - a release prevention and release detection system for a tank or piping. This system has an inner and outer barrier with a space in-between , also called the interstitial space, that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.

Septic tank - a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from the receptacle is distributed for disposal through the soil and settled solids, and scum from the tank are pumped out periodically and hauled to a treatment facility.

Significant operational compliance inspection or SOC inspection – an inspection by a DOEE inspector or an approved third party to verify the compliance of an active UST facility with release detection, spill and overfill prevention, financial responsibility, recordkeeping, and operator training requirements.

Site - the area where one or more chemicals of concern have migrated, including areas outside the property boundary where an UST is or was located.

Site assessment - an evaluation of subsurface geology, hydrology, and surface characteristics to determine if a release has occurred, the levels of chemicals of concern, and the extent of the migration of chemicals of concern. The site assessment collects data on ground water quality and potential receptors, and generates information to support remedial action decisions.

Site investigation - initial testing at the location of a release or suspected release to confirm the existence of a release by sampling the soil and water around the UST system for the presence of contaminants.

Site-specific target level - risk-based remedial action target level for one or more chemicals of concern developed for a particular site under the Tier 2 evaluation.

Soil vapor - gaseous elements and compounds in the small spaces between particles in the subsurface unsaturated zone and that may be transported under pressure towards ground surface.

Source - with respect to a release from an UST, the UST, its piping, and any product contained therein.

Source area - either the location of free product or the location of the highest soil and ground water concentrations of chemicals of concern.

Stage I vapor recovery - control of gasoline vapors during UST tank refueling operations by delivery truck.

Stage II vapor recovery - control of gasoline vapors from vehicle refueling stations in accordance with 20 DCMR § 705.

Stormwater or wastewater collection system - piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation, or domestic, commercial, or industrial wastewater, to and from retention areas or any areas where treatment is designated to occur. The collection of stormwater and wastewater does not include treatment except where incidental to conveyance.

Substantial business relationship - the extent of a business relationship necessary under the applicable laws of the District of Columbia to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued “incident to that relationship” if it arises from and depends on existing economic transactions between the guarantor and the owner.

Suction piping - Underground piping that conveys regulated substances under suction, not pressure, which could be safe suction or non-safe suction.

Surface impoundment - a natural topographic depression, man-made excavation, or dike area formed primarily of earthen materials (although it may be lined with man-made materials) that is not an injection well.

Tangible net worth - the tangible assets that remain after deducting all liabilities. These assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, “assets” means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.

Tank - a stationary device designed to contain an accumulation of regulated substances and constructed of non-earthen materials (such as concrete, steel, or plastic) that provide structural support.

Target levels - numeric values or other performance criteria that are protective of human health, safety, and the environment.

Termination - with respect to Appendices 67-4 and 67-5, only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date from the retroactive date of the original policy.

Tier 0 evaluation - an analysis of levels of chemicals of concern based upon a comparison of test results from soil and water samples to the District of Columbia's standards for concentrations of chemicals of concern, as established in § 6208.

Tier 1 evaluation - a risk-based analysis conducted in accordance with the District’s RBCA technical guidance to develop non-site-specific values for direct and indirect exposure pathways using conservative exposure factors and fate and transport for potential pathways and various property use categories (such as residential, commercial, and industrial uses).

Tier 2 evaluation - a risk-based analysis conducted in accordance with the District’s RBCA technical guidance applying the direct exposure values established under a Tier 1 evaluation at the point(s) of exposure developed for a specific site and developing values for potential indirect exposure pathways at the points of exposure based on site-specific conditions.

Training program - any program that meets the requirements of Chapter 65 that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator about requirements for UST systems through testing, practical demonstration, classroom or online instruction, or another approach approved by the Department.

Under-dispenser containment - containment underneath a dispenser system that will prevent leaks from the dispenser and piping within or above the under-dispenser containment from reaching soil or groundwater.

Underground area - an underground room, such as a basement, cellar, shaft, or vault, that provides enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.

Upgrade - the addition or retrofit of some systems, such as cathodic protection, lining, or spill and overfill controls, to improve the ability of an UST system to prevent the release of a regulated substance.

UST or Underground storage tank - one (1) or a combination of tanks, including the underground pipes that connect tanks, that is used to contain an accumulation of regulated substances, the volume of which (including the volume of connected underground pipes connected) is ten (10) percent or more beneath the surface of the ground.

UST Closure Specialist - a person performing oversight of UST closures, including tank removal, closure-in-place, inspection, and review and submittal of closure report.

UST Regulations - Chapters 55-70 of Title 20 (Environment) of the District of Columbia Municipal Regulations.

UST system or tank system - an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.

UST System Technician - a person responsible for conducting, or providing continuous on-site supervision of, the installation, upgrade, repair, retrofit, abandonment, or removal of UST tanks.

UST System Tester - a person conducting, or providing continuous on-site supervision of, UST system tightness testing.

Voluntary remediating party - a person, who is not a responsible party, who undertakes a corrective action at a LUST site or facility.

Voluntary remediation - a corrective action performed by a person who is not a responsible party.

Wastewater treatment tank - a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

History

SOURCE: Final Rulemaking published at 40 DCR 7835, 7923 (November 12, 1993); as amended by Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5783 (October 20, 1995); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulations Environment 20 DCMR § 7099

20-72 ENVIRONMENTAL POLICY ACT REGULATIONS

20 DCMR § 7200 GENERAL PROVISIONS

7200.1 Before an agency, board, commission, or authority of the District of Columbia government shall approve any major action, or issue any lease, permit, license, certificate, or other entitlement or permission to act for a proposed major action, the environmental impact of the action must be adequately considered and reviewed by the District government, as provided in these regulations.

7200.2 Agencies, boards, and commissions under the Mayor's authority shall integrate, and agencies, boards and commissions not under the Mayor's authority shall be requested to integrate the Environmental Impact Statement (EIS) process with other planning processes at the earliest stages of their planning for major actions they intend to propose, when the widest range of feasible alternatives is open for consideration, and before there has been any irretrievable commitment of resources, in order to ensure that planning and decisions reflect environmental values, in order to avoid delays later in the process, and to head off potential conflicts.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Environmental Policy Act of 1989, D.C. Code § 8-109 et seq.
SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7201 MAJOR ACTIONS FOR WHICH ENVIRONMENTAL IMPACT SCREENING FORMS ARE REQUIRED

7201.1 An Environmental Impact Screening Form (EISF) shall be prepared for any action that would cost over one million dollars ($1,000,000) based on 1989 dollars adjusted annually according to the Consumer Price Index and that may have a significant impact on the environment.

7201.2 An action costing $1 million or more may have significant impact on the environment and, thus, may be a major action subject to the EISF requirement of § 7201.1 if any of the following conditions are met:

(a) The action might have a significant adverse effect on a rare or endangered species of animal or plant, or the habitat of the species;

(b) The action might violate published national or local standards relating to hazardous waste, solid waste or litter control;

(d) The action might significantly interfere with ground water recharge;

(e) The action might induce significant growth or concentration of population;

(f) The action might cause significant flooding, erosion or sedimentation;

(g) The action might extend a sewer trunk line with capacity to serve new development;

(h) The action might significantly diminish habitat for fish, wildlife or plants;

(i) The action might disrupt or divide the physical arrangement of an existing community;

(j) The action might create a potential public health hazard or would involve the use, production or disposal of materials that pose a hazard to people, animal or plant populations in the area;

(k) The action might violate any ambient air quality standard, contribute significantly to an existing or projected air quality violation, or expose sensitive receptors to significant pollutant concentration;

(l) The action might cause significant adverse change in existing surface water quality or quantity;

(m) The action might cause a significant adverse change in the use and conservation of energy resources, including an adverse impact on quantity or type of energy used;

(n) The action might cause significant adverse change in the existing level of noise in the vicinity of the action;

(o) The action might result in the exceedance of any Federal or District standards regarding electric and magnetic fields (EMF), if and when such standards are promulgated.

(p) The action, together with other actions proposed concurrently by the applicant, might have a cumulative impact that would be significant under the criteria described in § 7201.2(a)-(0).

7201.3 An EISF shall be prepared for any action that would cost less than 1 million dollars ($1,000,000) based on 1989 dollars adjusted annually according to the Consumer Price Index, if the action imminently and substantially affects the public health, safety, or welfare.

7201.4 A project imminently and substantially affects the public health, safety, or welfare if any of the following conditions are met:

(a) The action would violate Federal or District standards relating to hazardous waste, energy resources, air pollution, surface and ground water pollution, soil erosion, storm water, and flooding;

(b) The action would negatively affect a rare or endangered species of animal or plant, or the habitat of that species;

(d) The action would create a public health hazard under applicable District regulations; or

(e) The action would involve the use, production or disposal in the affected area of hazardous substances as defined in § 7299.1 of these regulations in violation of federal or District environmental regulations.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7202 ACTIONS FOR WHICH NO ENVIRONMENTAL IMPACT SCREENING FORM IS REQUIRED

7202.1 No agency shall require that an EISF or an EIS be prepared for the following actions:

(a) Any action that costs less than 1 million dollars ($1,000,000) based on 1989 dollars adjusted annually according to the Consumer Price Index, unless that action meets the criteria of §§ 7201.3 and 7201.4 of these rules;

(b) Any action for which an Environmental Impact Statement ("EIS") has been prepared in accordance with the National Environmental Policy Act of 1969, approved January 1, 1970 (83 Stat.852; 42 U.S.C. § 4321 et seq.) (NEPA) and its implementing regulations, or a determination has been made under NEPA and its implementing regulations that no impact statement is required due to a finding of no significant impact or a finding that the proposed action is categorically excluded from consideration;

(c) Any action for which a request has been made for the authorization or allocation of funding that involves only a feasibility or a planning study for a possible future action that has not been approved, adopted or funded. The study, however, shall include consideration of environmental factors;

(d) Any action whose impact on the environment has been or is considered in the functional equivalent of an EIS, where equivalency is determined by the lead agency;

(e) Any action that reached a critical stage of completion prior to October 18, 1989, and the cost of altering or abandoning the action for environmental reasons outweighs the benefits derived from the action;

(f) Any action of an environmentally protective regulatory nature;

(g) Any action within the Central Employment Area as defined in the Zoning Regulations of the District of Columbia; and

(h) Any action for which a lease, permit, certificate, or any other entitlement or permission to act by a District government agency has been approved before December 31, 1989.

7202.2 In addition to the actions listed in § 7202.1, no agency shall require that an EISF or EIS be prepared for the following classes of actions:

(a) Class 1. Operation, repair, maintenance, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, including replacement of roofs, HVAC, electrical, plumbing, elevator, sprinkler or other systems, plus interior work to common areas and individual units, involving negligible or no expansion of use beyond that previously existing;

(b) Class 2. Replacement, renovation, or reconstruction of existing structures and facilities, where the new or renovated structure meets the requirements of the Zoning Regulations, is located on the same site as the structure replaced, renovated, or reconstructed, will have substantially the same purpose and capacity as the structure replaced, renovated, or reconstructed, and will not exceed the density of that structure;

(c) Class 3. Construction and location of limited numbers of small facilities or structures; installation of new equipment in small structures, including replacement of HVAC, electrical, plumbing, elevator, sprinkler or other systems; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. This class includes, but is not limited to:

(1) Single family residences not in conjunction with the building of two or more such units;

(2) Small commercial structures not involving the use of significant amounts of hazardous substances;

(3) Water main, sewage, electrical, and other utility extensions of reasonable length to serve such construction; and

(4) Accessory structures such as garages, patios, swimming pools, and fences;

(d) Class 4. Minor public or private alterations in the condition of land, water, or vegetation which do not involve the removal of mature, healthy trees. This class includes, but is not limited to:

(1) Grading on land with a slope of less than ten percent (10%), except in waterways, wetlands, or officially designated scenic areas;

(2) New gardening, landscaping or planting of trees or other vegetation;

(3) Temporary use of land having negligible permanent effects, such as carnivals, fairs, and sales of Christmas trees; and

(4) The creation of bicycle lanes on existing rights-of-way;

(e) Class 5. Minor alterations in land use limitation in areas with an average slope of less than twenty percent (20%), which do not result in any changes in land use or density. This class includes, but is not limited to:

(1) Minor lot line adjustments, side yard and set back variances; and

(2) Issuance of minor encroachment permits;

(f) Class 6. Actions taken by District agencies as authorized by law or regulation to assure the maintenance, restoration, or enhancement of a natural resource or the environment, where the regulatory process involves procedures for protection of the environment. This includes basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to the environment and activities limited entirely to inspections to check for performance of an operation, or the quality, health or safety of a project;

(g) Class 7. Construction or placement of minor structures accessory to existing commercial, industrial, or institutional facilities. This class includes, but is not limited to:

(1) On-premise signs;

(2) Small parking lots (fewer than 50 vehicles); and

(3) Placement of seasonal or temporary use items such as mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use;

(h) Class 8. Action in the nature of a response to an emergency as determined by the Mayor;

(i) Class 9. Action in the nature of remedial actions related to leaking underground storage tanks, removal of PCB equipment, hazardous substances, or other environmental contaminants pursuant to all lawfully required and issued permits;

(j) Class 10. Actions related to the removal of asbestos pursuant to all lawfully required and issued permits;

(k) Class 11. Residential structure projects, or portions of projects, within the R-1 through R-5-A zoning districts, as defined under Chapters 2 and 3 of Title 11, DCMR (Zoning);

7202.3 An applicant may submit an existing environmental description and analysis of a proposed action to the lead agency, which must make a written determination within thirty (30) days of receipt of the document as to whether or not (i) the environmental description and analysis qualifies as a functional equivalent of an EIS, and (ii) the action is exempt under § 7202.1.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997); as amended by Final Rulemaking published at 70 DCR 009769 (July 14, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 7202

20 DCMR § 7203 DESIGNATION AND RESPONSIBILITIES OF LEAD AND REVIEW AGENCIES

7203.1 The lead agency responsible for the coordination of the preparation and review of the EISF, and the EIS if necessary, shall be as follows:

(a) For any major action proposed by an applicant that would require any license, permit, certificate of occupancy or other approval from a District Agency prior to implementation, the District agency responsible for the first District government authorization of the project shall be the lead agency;

(b) For any major action proposed by the District government, the agency proposing the project shall be the lead agency.

7203.2 For any public or private major action for which the lead agency is an agency other than DCRA, the lead agency shall submit any EISF and EIS to the DCRA, as review agency, for review, and shall consider the recommendations of DCRA in determining whether to request additional information on environmental impacts pursuant to § 7203.4 and in decisions concerning the major action that is the subject of the EISF or EIS.

7203.3 DCRA shall submit its recommendations concerning the need for an EIS to the lead agency within fourteen (14) days of receipt of the submission of the EISF from the lead agency. DCRA shall submit its recommendations concerning any EIS to the lead agency by the end of the period for public comment on the EIS.

7203.4 The lead agency may request relevant information from the applicant concerning impact, costs, benefits, and alternatives that it reasonably determines to be necessary in evaluating the proposed major action. If the lead agency has not received any response to the request for information within ninety (90) calendar days, the lead agency shall deny approval of the project.

7203.5 For District government projects, DCRA may request relevant information from the lead agency concerning impact, costs, benefits, and alternatives that it reasonably determines to be necessary in evaluating the proposed major action. If DCRA has not received any response to the request for information within ninety (90) calendar days, DCRA shall deny approval of the project.

7203.6 No agency shall issue any license, permit, certificate, or authorization until completion of the environmental impact review process by the lead agency.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7204 PREPARATION OF ENVIRONMENTAL IMPACT SCREENING FORM

7204.1 The lead agency or the applicant shall complete an EISF for major actions that are not exempted by § 7202.1 or § 7202.2.

7204.2 The applicant for a permit for a major action shall file an EISF and five (5) copies with the lead agency for review and determination of whether an EIS is required.

7204.3 Along with the EISF, the applicant shall submit a project description and any other available information relative to the environmental impacts of the proposed major action, including, but not limited to, environmental assessments, traffic analyses, computer analyses and any other reports which will assist the lead agency in making its determination.

7204.4 Upon the request of the lead agency, the applicant shall provide any additional information requested to complete or clarify the description of the proposed major action and potential environmental impacts. If the applicant has not responded to the request for information within ninety (90) calendar days, the lead agency shall deny approval of the project.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7205 REVIEW OF ENVIRONMENTAL IMPACT SCREENING FORM

7205.1 The lead agency shall make a written determination, within thirty (30) working days of the submission by an applicant of a complete EISF pursuant to §§ 7204.2 and 7204.3 for a major action that is not exempt under § 7202.1 or 7202.2, whether or not the action is likely to have substantial negative impact on the environment, and whether an EIS is required.

7205.2 If the lead agency determines that an EIS is required, no lease, permit, license, certificate, or other entitlement shall be issued by the District government until the EIS has been prepared consistent with these regulations and the Environmental Policy Act, has been reviewed and approved by the District government, and all applicable fees have been paid.

7205.3 If the lead agency determines that an EIS is not required for a major action that is likely to involve the creation, use, storage, transportation, or disposal of a hazardous substance, the lead agency shall prepare within ten (10) days of such determination, a written explanation of why an EIS is not required.

7205.4 The lead agency shall make the written determination required by § 7205.3 available to the public by publishing a notice in the D.C. Register and transmit a copy to the Council of the District of Columbia prior to granting or issuing of any applicable lease, permit, license, certificate, entitlement, or permission to act.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7206 PREPARATION OF THE ENVIRONMENTAL IMPACT STATEMENT

7206.1 For major actions proposed by an applicant, the applicant shall be responsible for the preparation of the EIS.

7206.2 The EIS shall include the following information and will describe and, where appropriate, analyze the following:

(a) The goals and nature of the proposed major action and its environment;

(b) The relationship of the proposed major action to the goals of the adopted Comprehensive Plan, requirements as promulgated by the Zoning Commission, and any District or federal environmental standards;

(d) Alternatives to the proposed major action, including alternative locations and the adverse and beneficial effects of the alternatives;

(e) Any irreversible or irretrievable commitment of resources involved in the implementation of the proposed major action;

(f) Mitigation measures proposed to minimize any adverse environmental impact;

(g) The impact of the proposed major action on the use of energy resources, if applicable and significant;

(h) The cumulative impact of the major action when considered in conjunction with other proposed actions;

(i) The environmental effect of future expansion or action, if expansion or action is a reasonably foreseeable consequence of the initial major action and the future expansion or action will likely change the scope or nature of the initial major action or its environmental effects;

(j) Responses to comments on the EIS provided by the Council, any affected Advisory Neighborhood Commission, and interested members of the public; and

(k) Any additional information that the Mayor or a board, commission, or authority determines to be helpful in assessing the environmental impact of any proposed major action and the suggested alternatives.

7206.3 For any given major action covered by this Chapter, only one EIS shall be required.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7207 RESERVED

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7208 PUBLIC REVIEW OF ENVIRONMENTAL IMPACT STATEMENTS

7208.1 The lead agency shall transmit a copy of the completed EIS to the Council of the District of Columbia, any District agency that has responsibility for implementing the major action or that has special expertise with respect to any environmental impact involved, and any affected Advisory Neighborhood Commission.

7208.2 The lead agency shall publish in the D.C. Register a notice of the availability of the EIS for a forty-five day (45) public comment period.

7208.3 The lead agency shall make available to the public for inspection a copy of the EIS, by providing a copy of the EIS in its main office and in the M.L. King Public Library.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7209 PUBLIC HEARING REQUIREMENT

7209.1 The lead agency shall hold a public hearing on an EIS within forty-five (45) calendar days of any request made during the public comment period by twenty-five (25) registered voters in a single member district, or it there is significant public interest in the action that is the subject of the EIS.

7209.2 The hearing shall provide an opportunity for the citizens affected by the environmental impacts of the proposed major action and other interested parties to present written and oral comments.

7209.3 The applicant shall be given an opportunity to respond to all verbal or written public comments. Comments shall be addressed both individually and collectively and shall be responded to by:

(a) Supplementing, improving or modifying the analyses in the original EIS;

(b) Making factual corrections to the original EIS;

(c) Explaining why the comments do not warrant further response, by citing the sources, authorities, or reasons which support the position, and if appropriate, indicating those circumstances which would trigger agency reappraisal or further response; and

(d) By attaching to the response all comments received, whether or not the comment is thought to merit individual discussion and response.

7209.4 All written and oral comments, and responses to those comments, become part of the record and shall be considered by the lead agency in deciding whether the EIS identifies an adverse effect and that the public health, safety or welfare is imminently and substantially endangered by the action.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7210 FINDING AS TO ENVIRONMENTAL IMPACT

7210.1 The lead agency shall make a written finding, taking into account written and oral public comments, and the responses to those comments, that the EIS either:

(a) Identifies no adverse effect;

(b) Identifies an adverse effect, but the public health, safety, or welfare is not imminently and substantially endangered; or

7210.2 The lead agency shall make a finding as to the environmental impact of the proposed major action within thirty (30) working days after completion of a public hearing, if one is required, or within thirty (30) working days of the close of the public comment period, if no public hearing is required.

7210.3 If the lead agency makes a finding that the EIS identifies an adverse effect and that the public health, safety, or welfare is imminently and substantially endangered, the lead agency shall disapprove the project unless the lead agency or applicant submits mitigating measures or substitutes a reasonable alternative to avoid the danger.

7210.4 If the lead agency makes a finding that the final EIS identifies no adverse effect, or identifies an adverse effect and the public health safety or welfare is not imminently and substantially endangered, the proposed action shall be approved with respect to the requirements of Law 8-36.

7210.5 The lead agency's written finding shall be published in the D.C. Register.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7211 REQUIREMENTS FOR A SUPPLEMENTAL EIS

7211.1 The lead agency or applicant shall prepare a supplemental EIS if:

(a) The lead agency or applicant makes or proposes a substantial change in the proposed major action that is relevant to environmental concerns and not addressed in the EIS;

(b) There are significant new circumstances or information relevant to environmental concerns that affect the proposed action or the impact of the proposed action; or

(c) The lead agency determines for any action exempted from the EIS process pursuant to § 7202.1(b) (anaction subject to the federal EIS requirements under NEPA), or § 7202.1(d) (an action for which a EIS functional equivalent has been prepared), that a substantial and relevant question remains with regard to the impact of the action on the environment that would otherwise be addressed in an EIS prepared in accordance with these regulations.

7211.2 The supplemental EIS shall be prepared, transmitted, funded and reviewed in accordance with the requirements of §§ 7206.1, 7206.3, 7208, 7209 and 7210.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7212 FEES

7212.1 The lead agency shall charge the applicant a fee for the review of the EISF and the EIS.

7212.2 The EISF and EIS review fee is fifty-five dollars ($55) per hour.

7212.3 For any EISF or EIS, the total review fee shall not exceed one percent (1.0%) of the total project cost of the proposed major action.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997); as amended by Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223), published at 57 DCR 6242, 6368 (July 23, 2010).

20 DCMR § 7213 PROJECT COSTS

7213.1 The total project cost of a proposed action shall include the cost of supplying utility service to the project, the cost of site preparation, the cost of labor and material, the cost of any process equipment required by the project, and the cost of installation of any process equipment.

7213.2 The cost of site preparation shall include both pre- and post-construction site work, including clearing of trees and vegetation, grading and excavation, implementation of soil erosion and sedimentation control plans, installation of storm water management facilities, and the post-construction replacement of trees and vegetation and other landscaping.

7213.3 Site preparation costs shall not include the costs of any remediation actions taken to remove contaminated soils or to treat contaminated soils or ground water on site.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).

20 DCMR § 7299 DEFINITIONS

7299.1 When used in this chapter of this title, the following terms shall have the meanings ascribed:

Act - The District of Columbia Environmental Policy Act of 1989 (20 DCMR 7200).

Action - (i) a new project or activity directly undertaken by an agency, board, commission, or authority of the District government, or (ii) a project or activity that involves the issuance of a lease, permit, license, certificate, or other entitlement, or permission to act by an agency of the District government.

Adverse effects - any effect from a proposed action which has a significant negative environmental impact on the public health, safety, or welfare.

Affected ANC - the ANC within which the proposed action will be implemented and ANCs directly adjacent to that ANC.

ANC - Advisory Neighborhood Commission

Applicant - non-governmental party, institution, or corporation which applies to the District of Columbia government for a lease, permit, license, certificate, or other entitlement or permission to act.

Council - the Council of the District of Columbia

Critical stage - that phase of a proposed action where the cost of altering or abandoning the action outweighs the benefits to the environment.

DCRA - the District of Columbia Department of Consumer and Regulatory Affairs (DCRA).

EISF - Environmental Impact Screening Form.

EIS - Environmental Impact Statement.

Emergency - any immediate threat to the public health, safety, or welfare, or the quality of the environment for which an immediate response is required by the public or private sector.

Environment - the physical conditions that will be affected by a proposed action, including but not limited to, the land, air, water, minerals, flora, and fauna.

Functional Equivalent - the full and adequate description and analysis of the environmental impact of a proposed action by an agency, board, commission, or authority of the District government that examines or imposes environmental controls under procedures that provide for notice, opportunity for public comment, and

the creation of a reviewable record, where the description and analysis discusses impacts on the environment, as defined in these regulations, and includes information concerning, at a minimum, (1) the relationship of the proposed action to any applicable District or federal environmental standards; (2) any potential unavoidable adverse environmental impact from the project, if implemented; (3) any irreversible and irretrievable commitment of resources involved in the implementation of the project; (4) any significant impact on the use and conservation of energy resources; and (5) the cumulative impact of the project on the environment when considered in conjunction with other actions proposed concurrently by the applicant.

Hazardous substance - any solid, liquid, gaseous, or semisolid form or combination that, because of its nature, concentration, physical, chemical, or infectious characteristic, as established by the agency, may:

(a) Cause or significantly contribute to an increase in mortality or an increase in a serious irreversible or incapacitating reversible illness; or

(b) Pose a substantial hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed, including substances that are toxic, carcinogenic, flammable, irritants, strong sensitizers, or that generate pressure through decomposition, heat, or other means, and containers and receptacles previously used in the transportation, storage, use, or application of hazardous substances.

Lead agency - the District government agency designated by the Mayor to have primary responsibility for coordinating the preparation of an Environmental Impact Statement.

Major Action - any action that costs over 1 million dollars and that under § 7201.2 may have a significant impact on the environment, or any action that costs less than 1 million dollars and that under § 7201.4 imminently and substantially affects the public health, safety, or welfare.

Public Structure - any government-owned building, roadway, bridge, alley, sidewalk, curb, gutter, or utility, including structures and equipment related to the pumping or distribution of water, sanitary sewage, storm water, or combination of storm water and sanitary sewage.

Review Agency - DCRA.

Significant - the degree to which an action has a major impact on public health, safety, or welfare, or the quality of the environment.

Significant Negative Impact - any impact, which when considered in its entirety will result in a significant degradation of the environment.

History

SOURCE: Final Rulemaking published at 44 DCR 2799 (May 9, 1997).