Title 20 District of Columbia Municipal Regulations 8-1 800

Title 20 District of Columbia Municipal Regulations 8-1

CHAPTER 8 ASBESTOS, SULFUR AND NITROGEN OXIDES

Section

800 Control of Asbestos

801 Sulfur Content of Fuel Oils

802 Sulfur Content of Coal

803 Sulfur Process Emissions

804 Nitrogen Oxide Emissions

805 Reasonably Available Control Technology for Major Stationary Sources of the Oxides of Nitrogen

806 [REPEALED]

899 Definitions and Abbreviations

Appendix 8-1

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.

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).

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

(c) Number five (No. 5) and heavier fuel oils are prohibited.

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.

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).

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.

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).

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.

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).

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.

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).

805 REASONABLY AVAILABLE CONTROL

TECHNOLOGY FOR MAJOR STATIONARY SOURCES

OF THE OXIDES OF NITROGEN

805.1 The requirements of § 805 shall apply to any person specified pursuant to

the following provisions of this section:

(a) Any person owning, leasing, operating, or controlling any major

stationary source having the potential to emit twenty-five (25) tons

per year or more of oxides of nitrogen, including the following

major stationary sources or parts thereof:

(1) Fossil-fuel-fired steam-generating units having an energy

input capacity of twenty million (20,000,000) BTU per

hour or more;

(2) Stationary combustion turbines of any size at major

stationary source facilities, including any associated heat

recovery steam generators and duct burners;

(3) Asphalt concrete plants having the potential to emit twenty-

five (25) tons per year or more of NOX; and

(4) Any major stationary source or part of a major stationary

source, other than those specified in this subsection, having

the potential to emit twenty-five (25) tons per year or more

of NOX;

(b) Any person owning, leasing, operating or controlling a major

stationary source ever subject to § 805 shall continue to comply

with all requirements of § 805, even if emissions from the subject

major stationary source no longer exceed the twenty-five (25) ton

per year applicability requirement of § 805; and

(c) The requirements of § 805 shall not apply to the following:

(1) Any person subject to § 805 who is able to demonstrate to

the Mayor 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 more of NOX in any year: provided that the person

obtains a permit from the Mayor limiting the potential to

emit to less than twenty-five (25) tons per year and

provided the permit is transmitted to and approved by EPA

as a revision to the District's State Implementation Plan;

and

(2) Emergency standby engines operated less than five hundred

(500) hours during any consecutive twelve (12) month

period.

805.2 Any person subject to § 805 shall comply with the following provisions:

(a) Any person subject to § 805 shall maintain continuous compliance

with all requirements of § 805 Compliance with the applicable

emission limitations shall be determined by test methods approved

by the Mayor and the EPA or by continuous emission monitors

satisfying the requirements of 40 CFR 60 Appendix B;

(b) Any person regulated under § 805 may apply to the Mayor by July

1, 1994 for an alternative emission limitation which reflects the

application of source specific Reasonably Available Control

Technology (hereafter referred to as "RACT." Any alternative

emission limitation provided for by this section shall also be

approved by EPA. An applicant for an alternative RACT shall do

the following:

(1) Demonstrate to the Mayor that it is not technologically or

economically feasible for that person to comply with the

applicable emission limitation. The demonstration shall

include a study of the capabilities of the following NOx

control options:

(A) Low-NOx burners;

(B) Overfire air;

(C) Flue gas recirculation; and

(D) Burners out of service;

(2) Determine an emission limitation reflecting the application

of RACT; and

(c) Testing performed to verify compliance 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 Mayor and

the EPA and consistent with the operational parameters and limits

set forth in any permit or certificate in effect.

805.3 Any person subject to § 805 shall comply with the following provisions of

this subsection regarding emission control plans for implementation of

RACT.

(a) Any person who owns, leases, operates or controls a major

stationary source subject to § 805 shall submit an emission control

plan to the Mayor for review and approval by the Mayor prior to

implementation of RACT. The plan shall be submitted to the

Mayor by the time specified in § 805, or within one hundred eighty

(180) days of the date the major stationary source or part of the

major stationary source first meets the applicability requirements

of § 805;

(b) Any person subject only to § 805.8, Procedures for Adjusting

Combustion Processes pursuant to the requirements of § 805, shall

only submit a notification to the Mayor that they will comply with

§ 805.8;

(c) The emission control plan shall detail how RACT will be

implemented at the major stationary source which is subject to §

805. Each plan submitted under § 805.3 shall, at a minimum,

include the following:

(1) A list and description of all the emission units at the major

stationary source which have the potential to emit NOx

including the following:

(A) A site plan identifying the location of each NOx,

emitting unit and the installation date for same;

(B) The size in millions of BTU per hour of each

emission unit;

(C) For fuel utilization major stationary sources, the

type of fuel or fuels combusted in each emission

unit; and

(D) The maximum NOx emission rate of each

emission unit in pounds per million BTU for each

fuel burned;

(2) A demonstration that the provisions of § 805 can be met by

each emission unit included in the control plan, including

the emission levels before and after implementation of

RACT of all emission units emitting NOx, for which the

emission control plan is being submitted;

(3) If applicable, the designs, specifications and standard

operating and maintenance procedures for any air pollution

control equipment used to reduce NOx emissions that is

used to implement RACT;

(4) The testing, monitoring, recordkeeping and reporting

procedures used to demonstrate compliance with the

applicable provisions of this section;

(5) A schedule for the implementation of RACT at the major

stationary source by the deadline contained in the

applicable provision of this section, including provisions

for demonstrating to the for periodic increments of progress;

(6) Any other information required by the Mayor; and

(7) The signature of a responsible official certifying the

application;

(d) An emission control plan submitted by any person who owns,

leases, operates or controls a major stationary source or part of

major stationary source subject to § 805.8, or any person applying

for an alternative RACT under §805.2(b) shall meet the following

requirements, in addition to those of § 805.3(c):

(1) The plan shall contain a demonstration and description of

the RACT emission limits for this major stationary source

or part of a major stationary source; and

(2) Any information necessary to support the demonstration

made in § 805.3(d)(1), such as technological and economic

considerations, industry surveys, customer considerations,

etc.;

(e) The Mayor shall approve emission control plans pursuant to the

requirements of this paragraph:

(1) For persons not subject to § 805.2(b) or 805.8, the Mayor

shall issue a final approval or disapproval of the plan; and

(2) For persons subject to § 805.8 or applying for an alternative

RACT under § 805.2(b) where the information submitted in

the emission control plan is sufficient to support both the

determination of RACT/alternative RACT and the

proposed schedule, the Mayor shall publish a notice of

public hearing. After the public hearing and the close of the

public comment period, the Mayor shall issue a final

approval or disapproval of the emission control plan; and

(f) Except as provided for in § 805.3(b), no emission reduction or any

other action taken at any major stationary source or part of a major

stationary source will constitute implementation of RACT at that

major stationary source unless that emission reduction or other

action is part of an emission control plan approved by the Mayor.

805.4 Any person owning, leasing, operating or controlling any stationary

combustion turbine subject to § 805 shall comply with the requirements of

this subsection as of July 23, 2018:

(a) The following emission and operational requirements shall apply,

as applicable:

(1) For any stationary combustion turbine that most recently

commenced construction, modification, or reconstruction

(as these terms are defined in 40 CFR 60, Subpart A, § 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) Twenty-five (25) ppmvd, corrected to fifteen

percent (15%) O

2

when fired on any

combination of gaseous fuels; and

(ii) Seventy-four (74) ppmvd, corrected to

fifteen percent (15%) O

2

when fired on any

combination of liquid fuels;

(B) Only the peak heat input rating of the stationary

combustion turbine shall be included when

determining whether or not § 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, but when more than

fifty percent (50%) of the total heat input is from

liquid fuels, 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, Subpart A, § 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) Twenty-five (25) ppmvd, corrected to fifteen

percent (15%) O

2

when fired on any

combination of gaseous fuels; and

(ii) Except as provided in § 805.4(a)(2)(D),

seventy-four (74) ppmvd, corrected to

fifteen percent (15%) O

2

when fired on any

combination of liquid fuels;

(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 or not § 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) It 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 shall maintain

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 shall maintain 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, based on the higher heating value of the fuel:

(A) Except as specified in § 805.4(a)(4), with any

supplemental duct burner firing, emissions shall not

be greater than:

(i) Twenty-five (25) ppmvd, corrected to fifteen

percent (15%) O

2

when fired on any

combination of gaseous fuels; and

(ii) Forty-two (42) ppmvd, corrected to fifteen

percent (15%) O

2

when fired on liquid fuel;

(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 805.7; and

(7) Any duct burner servicing a stationary combustion turbine

regulated under § 805.4 is exempt from regulation under §

805.5.

(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 at all times. Compliance shall be

demonstrated by testing or by installing a continuous emissions

monitoring system:

(1) The emissions monitoring system shall do the following:

(A) Continuously monitor the NOx emission rate

from the major stationary source;

(B) Continuously record the NOx emission rate from

the major stationary source;

(C) Be installed and operated in a manner approved

by the Mayor and acceptable to the EPA; and

(D) Demonstrate that the NOx emission rate does not

exceed the applicable maximum allowable NOx

emission rate specified in § 805.4.

(2) Testing shall meet the following requirements:

(A) Be conducted using methods approved by the

Department and acceptable to EPA;

(B) Demonstrate that the NOx emission rate does not

exceed the applicable maximum allowable NOx

emission rate specified in § 805.4, for each fuel

subject to such an allowable rate; and

(C) Be performed according to the following

frequencies:

(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) Units may rely on NOx compliance

testing completed after January 1, 2018

by submission of a written notification

to the Department, to be provided

within one hundred and eighty (180)

days of July 23, 2018, that includes a

summary of results indicating

compliance with § 805 to fulfill the

requirements of § 805.4(c)(2)(C)(i).

(iii) 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

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

(iv) 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.

805.5 Any person owning, leasing, operating or controlling any fossil-fuel-fired

steam-generating unit subject to § 805 shall comply with the requirements of

this subsection:

(a) Any person owning, leasing, operating or controlling any fossil-

fuel-fired steam-generating unit with an energy input capacity of

twenty million (20,000,000) BTU per hour or greater shall, prior to

May 1st of each year starting in 1995, adjust the combustion

process in accordance with the procedure for doing so set forth at §

805.8; and

(b) After May 31, 1995, no person owning, leasing, operating or

controlling any fossil-fuel-fired steam- generating unit with an

energy 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 emit NOx at a rate greater than the applicable

maximum allowable NOx emission rate cited in this paragraph. For

tangential or face-fired fossil-fuel-fired steam-generating units

powered exclusively by oil: thirty hundredths pound (0.30 lb) per

million BTU, based on a calendar day average;

(c) After May 31, 1995, no person owning, leasing, operating or

controlling a fossil-fuel-fired steam- generating unit with an energy

input capacity of one hundred million (100,000,000) BTU per hour

or greater shall 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 fossil-fuel-fired steam-

generating units; and

(B) Forty-three hundredths pound (0.43 lb) per million

BTU, based on a calendar day average, for stoker-

fired fossil-fuel-fired steam-generating units;

(2) For tangential or face-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 fossil-

fuel-fired steam-generating 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 fossil-

fuel-fired steam-generating units powered

exclusively by natural gas;

(d) Any person who owns, leases, operates or controls a fossil-fuel-

fired steam- generating unit subject to § 805.6(b) or (c) shall

submit an emissions control plan, and have the plan approved by

the Mayor under § 805.3. The plan shall be submitted by July 1,

1994;

(e) After May 31, 1995, any person required to comply with § 805.5

shall maintain continuous compliance at all times. For fossil-fuel-

fired steam- generating units subject to § 805.5(a), compliance will

be determined by recordkeeping as detailed in § 805.8. For fossil-

fuel-fired steam-generating units subject to § 805.5(b), compliance

shall be demonstrated by testing or by installing a continuous

emissions monitoring system. For fossil-fuel-fired steam-

generating units subject to § 805.5(c) compliance shall be

demonstrated by installing a continuous emission monitoring

system:

(1) The emission monitoring system shall:

(A) Continuously monitor the NOx emission rate from

the major stationary source;

(B) Continuously record the NOx emission rate from

the major stationary source;

(C) Be installed and operated in a manner approved by

the Mayor and acceptable to the EPA; and

(D) Demonstrate that the NOx emission rate does not

exceed the applicable maximum allowable NOx

emission rate specified in § 805.

(2) Testing shall meet the following requirements:

(A) Be conducted using methods approved by the

Mayor and acceptable to EPA; and

(B) Demonstrate that the NOx emission rate does not

exceed the applicable maximum allowable NOx

emission rate specified in § 805.5.

805.6 Any person owning, leasing, operating or controlling any asphalt concrete

plant subject to § 805 shall comply with the following requirements:

(a) After May 31, 1995, no person owning, leasing, operating or

controlling an asphalt concrete plant which has the potential to

emit fifty (50) tons per year of NOX or greater shall 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;

(b) After January 1, 2005, no person owning, leasing, operating or

controlling an asphalt concrete plant which has the potential to

emit twenty-five (25) tons per year of NOx or greater shall 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;

(c) Any person who owns, leases, operates or controls an asphalt plant

subject to § 805.6 shall submit an emissions control plan, and have

the plan approved by the Mayor under § 805.3. The plan shall be

submitted by July 1, 1994;

(d) Any person required to comply with § 805.6 shall maintain

continuous compliance at all times. Compliance shall be

demonstrated by recordkeeping and testing or by recordkeeping

and installing a continuous emissions monitoring system as follows:

(1) The emissions monitoring system shall:

(A) Continuously monitor the NOX emission rate

from the major stationary source;

(B) Continuously record the NOX emission rate from

the major stationary source;

(C) Be installed and operated in a manner approved

by the Mayor and acceptable to EPA; and

(D) Demonstrate that the NOX emission rate does not

exceed the applicable maximum allowable NOX

emission rate specified in § 805; and

(2) Testing shall meet the following requirements:

(A) Be conducted using methods approved by the

Mayor and acceptable to EPA;

(B) Be conducted before May 1st of each year after

1995; and

(C) Demonstrate that the NOx emission rate does not

exceed the applicable maximum allowable NOX

emission rate specified in this subsection.

805.7 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 §

805.6, shall comply with the following requirements:

(a) By May 31, 1995, no person who owns, leases, operates or

controls a major stationary source with the potential to emit NOX

greater than or equal to fifty (50) tons per year shall cause, suffer,

allow or permit emissions therefrom in excess of an emission rate

achievable through the implementation of RACT as demonstrated

in an emission control plan under § 805.3(e);

(b) After January 1, 2005, no person who owns, leases, operates or

controls a major stationary source with the potential to emit NOX

greater than or equal to twenty-five (25) tons per year shall cause,

suffer, allow or permit emissions therefrom in excess of an

emission rate achievable through the implementation of RACT as

demonstrated in an emission control plan under § 805.3(e);

(c) Any person subject to § 805.7(a) shall have the RACT emission

limit approved by the Mayor in an emissions control plan approved

under § 805.3; and shall submit the plan one hundred eighty (180)

days prior to the applicable implementation deadline. The plan

shall also be transmitted to and approved by EPA as a revision to

the District's State Implementation Plan;

(d) By installing and testing continuous emissions monitoring system;

(1) The emission monitoring system shall:

(A) Continuously monitor the NOX emission rate from

the major stationary source;

(B) Continuously record the NOX emission rate from

the major stationary source;

(C) Be installed and operated in a manner approved by

the Mayor and acceptable to EPA; and

(D) Demonstrate that the NOX, emission rate does not

exceed the RACT emission limitations contained in

the emissions control plan that EPA has approved as

a SIP revision; and

(2) Testing shall meet the following requirements:

(A) Be conducted using methods approved by the

Mayor and acceptable to EPA;

(B) Be conducted before May 1st of each year after

1995; and

(C) Demonstrate that the NOX emission rate does not

exceed the RACT emission limitations contained in

the emissions control plan that EPA has approved as

a SIP revision;

(e) Any person required to implement RACT shall prepare and

maintain daily records sufficient to demonstrate compliance

consistent with the applicable averaging time. Records kept to

demonstrate compliance shall be kept on-site for three (3) years

and shall be made available to representatives of the Mayor and

EPA in accordance with the requirements of an approved

emissions control plan or upon request; and

(f) Any person required to implement RACT shall, upon request of

the Mayor, perform or have performed tests to demonstrate

compliance with § 805.7. Testing shall be conducted in accordance

with methods approved by the Mayor and EPA.

805.8 Any person required to adjust the combustion process of any major

stationary source subject to the provisions of this section shall do so

according to the following provisions:

(a) Adjustments shall be performed annually and shall include, at a

minimum, the following:

(1) Inspection, adjustment, cleaning or replacement of fuel-

burning equipment, including the burners and moving parts

necessary for proper operation as specified by the

manufacturer;

(2) Inspection of the flame pattern or characteristics and

adjustments necessary to minimize total emissions of NOx

and, to the extent practicable, minimize emissions of CO;

and

(3) Inspection of the air-to-fuel ratio control system and

adjustments necessary to ensure proper calibration and

operation as specified by the manufacturer.

(b) The adjustments shall be made such that the maximum emission

rate for any contaminant does not exceed the maximum allowable

emission rate as set forth in this section.

(c) Any person required to adjust 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 Mayor, the following information:

(1) The date on which the combustion process was last

adjusted;

(2) The name, title, and affiliation of the person who made the

adjustments;

(3) The NOx emission rate, in ppmvd, after the adjustments

were made;

(4) The CO emission rate, in ppmvd, after the adjustments

were made;

(5) The CO2 concentration, in percent (%) by volume dry basis,

after the adjustments were made;

(6) The O2 concentration, in percent (%) by volume dry basis,

after the adjustments were made; and

(7) Any other information that the Mayor may require.

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).

806 [REPEALED]

SOURCE: Final Rulemaking published at 51 DCR 7587 (August 6, 2004); as amended by Final

Rulemaking published at 60 DCR 10909 (July 26, 2013).

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.

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.

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.

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;

(c) Distributor;

(d) Retail outlet owner or operator; and

(e) Ultimate consumer.

Transferor – A person who initiates a sale or transfer. The term includes

the following:

(a) Refinery owner or operator;

(b) Terminal owner or operator;

(c) Carrier;

(d) 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.

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).