204.1This 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.
204.2Permit 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.
204.3Any 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.
204.4Any 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.
204.5Any 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.
204.6Before 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;(c) Determine whether the project results in a significant net emissions increase as defined in § 299;(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.204.7Any major stationary source subject to a Plantwide Applicability Limit (PAL) for a regulated NSR pollutant shall comply with the requirements set forth in § 208.
204.8For 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.204.9In 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.204.10No 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).
204.11All emission reductions claimed for offset credit shall be federally enforceable.
204.12Procedures 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.
204.13Credit 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.
204.14The 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.
204.15The 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.
204.16The 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.204.17For 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.204.18The 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).
204.19The 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).
204.20Requirements 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.
204.21In 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.
204.22The 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.
D.C. Mun. Regs. tit. 20, r. 20-204
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)Authority: Sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1986 (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-101.06(b) (2008 Repl.); Section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4) (2008 Repl.); Mayor's Order 98-44, dated April 10, 1998; and Mayor's Order 2006-61, dated June 14, 2006.