Code of the District of Columbia

Subchapter I. Air Pollution Control.


Part A. General.

§ 8–101.01. Purpose [Repealed]

Repealed.


(Mar. 15, 1985, D.C. Law 5-165, § 2(a), 32 DCR 562.)

Prior Codifications

1981 Ed., §§ 6-901 to 6-903.

Cross References

Acid rain, research and plan, see 42 U.S.C. § 8901 et seq.

Air pollution prevention and control, Clean Air Act, see 42 U.S.C. § 7401 et seq.

Clean Air Act, see 42 U.S.C. § 7401 et seq.

Pollution Prevention Act of 1990, see 42 U.S.C. § 13101 et seq.

Stratospheric Ozone Protection, see 42 U.S.C. § 7671 et seq.

Sulfur dioxide, acid deposition control, air pollution prevention and control, see 42 U.S.C. § 7651 et seq.

Editor's Notes

Due to the codification of Title II of D.C. Law 20-135 as Part B of this subchapter, the existing sections of this chapter were designated as Part A.

Delegation of Authority

Delegation of Authority Pursuant to DC Law 6-100, the “Litter Control Administration Act of 1985;” DC Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;” DC Law 5-165, the “DC Air Pollution Control Act of 1984;” DC Law 13-172, the “Rodent Control Act of 2000;” and DC Law 6-126, the “Construction Codes Approval and Amendments Act of 1986”, see Mayor’s Order 2002-5, February 1, 2002 ( 49 DCR 911).


§ 8–101.02. Emission and air control standards [Repealed]

Repealed.


(Mar. 15, 1985, D.C. Law 5-165, § 2(a), 32 DCR 562.)

Prior Codifications

1981 Ed., §§ 6-901 to 6-903.

Cross References

Acid rain, research and plan, see 42 U.S.C. § 8901 et seq.

Air pollution prevention and control, Clean Air Act, see 42 U.S.C. § 7401 et seq.

Clean Air Act, see 42 U.S.C. § 7401 et seq.

Pollution Prevention Act of 1990, see 42 U.S.C. § 13101 et seq.

Stratospheric Ozone Protection, see 42 U.S.C. § 7671 et seq.

Sulfur dioxide, acid deposition control, air pollution prevention and control, see 42 U.S.C. § 7651 et seq.

Editor's Notes

Due to the codification of Title II of D.C. Law 20-135 as Part B of this subchapter, the existing sections of this chapter were designated as Part A.

Delegation of Authority

Delegation of Authority Pursuant to DC Law 6-100, the “Litter Control Administration Act of 1985;” DC Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;” DC Law 5-165, the “DC Air Pollution Control Act of 1984;” DC Law 13-172, the “Rodent Control Act of 2000;” and DC Law 6-126, the “Construction Codes Approval and Amendments Act of 1986”, see Mayor’s Order 2002-5, February 1, 2002 ( 49 DCR 911).


§ 8–101.03. Air pollution control program; administration of subchapter [Repealed]

Repealed.


(Mar. 15, 1985, D.C. Law 5-165, § 2(a), 32 DCR 562.)

Prior Codifications

1981 Ed., §§ 6-901 to 6-903.

Cross References

Acid rain, research and plan, see 42 U.S.C. § 8901 et seq.

Air pollution prevention and control, Clean Air Act, see 42 U.S.C. § 7401 et seq.

Clean Air Act, see 42 U.S.C. § 7401 et seq.

Pollution Prevention Act of 1990, see 42 U.S.C. § 13101 et seq.

Stratospheric Ozone Protection, see 42 U.S.C. § 7671 et seq.

Sulfur dioxide, acid deposition control, air pollution prevention and control, see 42 U.S.C. § 7651 et seq.

Editor's Notes

Due to the codification of Title II of D.C. Law 20-135 as Part B of this subchapter, the existing sections of this chapter were designated as Part A.

Delegation of Authority

Delegation of Authority Pursuant to DC Law 6-100, the “Litter Control Administration Act of 1985;” DC Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;” DC Law 5-165, the “DC Air Pollution Control Act of 1984;” DC Law 13-172, the “Rodent Control Act of 2000;” and DC Law 6-126, the “Construction Codes Approval and Amendments Act of 1986”, see Mayor’s Order 2002-5, February 1, 2002 ( 49 DCR 911).


§ 8–101.04. Testing of Solid Waste Reduction Center Number 1 for compliance with certain emission standards; submission of test results and reports to Council. [Repealed]

Repealed.


(Mar. 15, 1985, D.C. Law 5-165, § 4, 32 DCR 562; Sept. 9, 2014, D.C. Law 20-135, § 401, 61 DCR 6767.)

Prior Codifications

1981 Ed., § 6-904.

Cross References

Acid rain, research and plan, see 42 U.S.C. § 8901 et seq.

Air pollution prevention and control, Clean Air Act, see 42 U.S.C. § 7401 et seq.

Clean Air Act, see 42 U.S.C. § 7401 et seq.

Pollution Prevention Act of 1990, see 42 U.S.C. § 13101 et seq.

Stratospheric Ozone Protection, see 42 U.S.C. § 7671 et seq.

Sulfur dioxide, acid deposition control, air pollution prevention and control, see 42 U.S.C. § 7651 et seq.

Emergency Legislation

For temporary amendment of section, see § 2 of the Air Pollution Control Emergency Amendment Act of 1996 (D.C. Act 11-450, December 5, 1996, 43 DCR 6682), and § 2 of the Air Pollution Control Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-16, March 3, 1997, 44 DCR 1754).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Air Pollution Control Temporary Amendment Act of 1996 (D.C. Law 11-256, April 9, 1997, law notification 44 DCR 2614).

Editor's Notes

Air quality control regulations: D.C. Law 5-165, § 3, the “District of Columbia Air Pollution Control Act of 1984”, enacted the air quality control regulations of the District of Columbia as Title 20 of the District of Columbia Municipal Regulations (20 DCMR Chapters 1-9).

Delegation of Authority

Delegation of authority under D.C. Law 5-165, the District of Columbia Air Pollution Control Act of 1984, see Mayor’s Order 93-12, February 16, 1993.

Delegation of authority pursuant to D.C. Law 5-165, the “D.C. Air Pollution Control Act of 1984”, see Mayor’s Order 98-44, April


§ 8–101.05. Comprehensive air pollution control program.

(a) The Mayor shall develop a comprehensive program for the control and prevention of air pollution in the District that provides for the administration and enforcement of the requirements of this part and the regulations promulgated pursuant to this part.

(b)(1) The Mayor, in the administration of the comprehensive program for the control and prevention of outdoor air pollution, may exercise the following powers to safeguard and preserve air quality in the District:

(A) Conduct research, monitoring, modeling, investigations, experiments, training demonstrations, surveys, and studies, relating to the causes, effects, extent, prevention, and control of air pollution in the District;

(B) Collect and distribute, through publication, educational and training programs, and other means, the results of, and other information pertaining to, the activities carried out under subparagraph (A) of this paragraph;

(C) Advise, consult, cooperate, and enter into agreements with the governments and agencies of any state or political subdivision and any interstate or other regional organization representing these states or political subdivisions to:

(i) Establish cooperative effort and mutual assistance agreements or programs for the prevention and control of air pollution and the enforcement of their respective air pollution laws; and

(ii) Establish or participate in any organization as may be necessary to carry out these agreements;

(D) Adopt air pollution control standards, require and issue permits, and establish any other program necessary to regulate sources of air pollution emissions in the District;

(E) Adopt ambient air quality standards;

(F) Adopt standards governing emission of nuisance air pollutants likely to injure public health or welfare or interfere with reasonable enjoyment of life and property; and

(G) Establish and maintain an indoor air hazard education program to educate District residents on the potential threats posed by and mitigation methods for indoor air hazards.

(2) In determining interference with reasonable enjoyment of life and property under paragraph (1)(F) of this subsection, the Mayor shall consider:

(A) The frequency, duration, and intensity of the source;

(B) The number of complaints filed about the source;

(C) The number of distinct complaints filed about the source;

(D) The zoning classification of the affected area; and

(E) The source’s ability to prevent complaints.

(c) For the purpose of executing the authority under this part, the Mayor may:

(1) Hold hearings relating to the administration of this part;

(2) Secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract, or otherwise;

(3) Receive and administer grants or donations made to carry out the purposes of this part; and

(4) Take any other action necessary.

(d) To assist in enforcing the provisions of this part and regulations issued pursuant to this part, the Mayor shall:

(1) Make available an electronic complaint form to receive complaints of air quality violations from the public, including, at a minimum, complaints of odors and engine idling;

(2) Acknowledge receipt of an air quality complaint to the complainant no later than 7 days after receipt, in a writing or through an electronic message;

(3) Track all air quality complaints, the agency’s response to each complaint, and the resolution of each complaint;

(4) Establish an electronic mechanism by which the complainant, the source of the complaint, and any interested party may access any publically available information on the complaint; and

(5) Make publicly available on the Department of Energy and Environment's website a quarterly report listing all air quality complaints received and their resolution.


(Mar. 15, 1985, D.C. Law 5-165, § 5, 32 DCR 562; July 25, 1995, D.C. Law 11-30, § 3, 42 DCR 1547; Sept. 9, 2014, D.C. Law 20-135, § 101(a), 61 DCR 6767; Oct. 8, 2016, D.C. Law 21-160, § 6012(a), 63 DCR 10775.)

Prior Codifications

1981 Ed., § 6-905.

Effect of Amendments

The 2014 amendment by D.C. Law 20-135 rewrote the section.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Lamond-Riggs Air Quality Study Emergency Act of 2006 (D.C. Act 16-284, February 27, 2006, 53 DCR 1635).

Editor's Notes

Air Quality Control Regulations amended: Section 485 of D.C. Law 6-42 amended §§ 100.4 and 105.1 of the Air Quality Control Regulations, effective March 15, 1985, (D.C. Law 5-165; 20 DCMR Chapters 1 through 9) to provide for adjudication of infractions pursuant to Chapter 18 of Title 2. Section 501(b) of D.C. Law 6-42 provided that the provisions of the act shall apply only to infractions which occur or are discovered by inspection after October 5, 1985.

Section 2(v) of D.C. Law 8-237 amended § 485 of D.C. Law 6-42, effective March 8, 1991, to insert subsections 105.2 and 3013.4 regarding the imposition of civil fines, penalties, and fees as alternative sanctions.


§ 8–101.05a. Inspection; right of entry.

(a) Upon the presentation of appropriate credentials to the owner, agent in charge, or tenant, the Mayor shall have the right, subject to subsection (c) of this section, to enter a premises or inspect an activity reasonably believed to be subject to this part to determine compliance with this part or a regulation promulgated pursuant to this part. The right of entry shall be for the following purposes:

(1) Inspection, including the right to inspect and copy records related to compliance with this part and regulations promulgated pursuant to this part;

(2) Observation;

(3) Measurement;

(4) Sampling;

(5) Testing; and

(6) Collection of evidence.

(b) The Mayor may:

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

(2) Require a person or entity subject to this part or a regulation promulgated pursuant to this part, or who the Mayor reasonably believes may have information necessary to carry out the purposes of this part, on a one-time, periodic, or continuous basis to:

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

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

(C) Sample emissions in accordance with such procedures or methods, at such locations, at such intervals, during such periods and in such manner as the Mayor shall prescribe;

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

(E) Submit compliance certifications; and

(F) Provide other information as the Mayor may require.

(c) If the Mayor is denied access to enter or inspect the premises in accordance with this section, the Mayor may apply to the Superior Court of the District of Columbia, pursuant to § 11-941, or the Office of Administrative Hearings, pursuant to § 2-1831.09(b)(12), for a search warrant. An owner's denial of access to conduct an inspection in accordance with this section shall constitute a violation of this section, and the owner shall be subject to the civil and administrative penalties imposed by § 8-101.05c and the criminal penalties imposed by § 8-101.05d.

(d) The Mayor may require reimbursement of costs for services, including inspections, sample collection, document review, or other reasonable costs or fees incurred in implementing this part or a regulation promulgated pursuant to this part.


(Mar. 15, 1985, D.C. Law 5-165, § 5a; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767; Oct. 8, 2016, D.C. Law 21-160, § 6012(b), 63 DCR 10775.)


§ 8–101.05b. Violations.

Each day of a violation of or failure to comply with this part or a regulation promulgated pursuant to this part shall constitute a separate offense, and the penalties set forth in §§  8-101.05c, 8-101.05d, 8-101.05e, and 8-101.05f shall be applicable to each separate offense.


(Mar. 15, 1985, D.C. Law 5-165, § 5b; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)


§ 8–101.05c. Civil penalties.

(a) A person who violates this part or a regulation promulgated pursuant to this part shall be civilly liable and shall be subject to a civil penalty of no more than $37,500 per day per offense. The Mayor may adjust this civil penalty by rulemaking to account for inflation and shall adjust this civil penalty by rulemaking to meet or exceed the civil penalty authorized for violations pertaining to the Clean Air Act, approved July 14, 1955 (77 Stat. 392; 42 U.S.C. § 7401 et seq.).

(b) The Mayor may impose civil infraction penalties, fines, and fees as alternative sanctions for any violation of this part or a regulation promulgated pursuant to this part, pursuant to the procedures of Chapter 18 of Title 2 [§ 2-1801.01 et seq.].


(Mar. 15, 1985, D.C. Law 5-165, § 5c; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)


§ 8–101.05d. Criminal penalties.

A person who willfully or recklessly violates this part or a regulation promulgated pursuant to this part shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $25,000 per offense per day, imprisonment not to exceed one year, or both. The fines set forth in this section shall not be limited by §  22-3571.01.


(Mar. 15, 1985, D.C. Law 5-165, § 5d; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)


§ 8–101.05e. False statements.

A person who knowingly makes a false statement in an application, record, report, plan, or other document submitted or maintained under this part shall be guilty of a misdemeanor, and subject to a fine not to exceed $10,000, imprisonment not to exceed 6 months, or both. The fines set forth in this section shall not be limited by § 22-3571.01.


(Mar. 15, 1985, D.C. Law 5-165, § 5e; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)


§ 8–101.05f. Other sanctions.

In addition to, or in lieu of, a civil or criminal penalty or fee:

(1) The Mayor may modify, suspend, revoke, or deny a permit or certification issued by the District for failure to comply with this part or a regulation promulgated pursuant to this part, after notice and opportunity for a hearing pursuant to § 8-101.05h; and

(2) 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, reasonable attorney and expert witness fees, and injunctive or other appropriate relief to enforce compliance with this part or the regulations adopted pursuant to this part.


(Mar. 15, 1985, D.C. Law 5-165, § 5f; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)


§ 8–101.05g. Orders.

(a) If the Mayor determines that a hazardous condition exists that may endanger the health or safety of the residents or property, or the environment in the District due to a person’s noncompliance with this part or a regulation promulgated pursuant to this part, the Mayor may issue a cease and desist order requiring the person to cease operations immediately or to otherwise cease noncompliance with this part or a regulation promulgated pursuant to this part.

(b) If the Mayor has reason to believe that there has been a violation of this part or a regulation promulgated pursuant to this part, the Mayor may issue a compliance order requiring a violator to take action to come into compliance with this part or a regulation promulgated pursuant to this part and to take such measures as may be necessary to remedy a hazardous condition.


(Mar. 15, 1985, D.C. Law 5-165, § 5g; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)


§ 8–101.05h. Administrative appeals.

(a) A person aggrieved by an action of the Mayor taken pursuant to this part or a regulation promulgated pursuant to this part may appeal the action of the Mayor to the Office of Administrative Hearings, pursuant to § 2-1831.03(a). The Office of Administrative Hearings shall provide a de novo hearing and shall determine whether the Mayor’s action was legally proper.

(b) An appeal shall be filed within 15 days after the adverse action of the Mayor or within 20 days if notice of the adverse action is served by United States mail or commercial carrier.

(c) A person subject to an order issued pursuant to § 8-101.05g shall comply with the order pending appeal.


(Mar. 15, 1985, D.C. Law 5-165, § 5h; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)


§ 8–101.05i. Air Quality Construction Permits Fund.

(a) There is established as a special fund the Air Quality Construction Permits Fund ("Fund"), which shall be administered by the Director of the Department of Energy and Environment in accordance with subsection (c) of this section.

(b) Revenue from the following sources shall be deposited in the Fund:

(1) Fees collected pursuant to this part; and

(2) Revenue generated from the enforcement of this part.

(c) Money in the Fund shall be used to support and administer the air quality programs of the Department of Energy and Environment.

(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Mar. 15, 1985, D.C. Law 5-165, § 5i; as added Dec. 13, 2017, D.C. Law 22-33, § 6032, 64 DCR 7652.)

Emergency Legislation

For temporary (90-day) creation of this section, see § 6032 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 6032 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).


§ 8–101.06. Rules.

(a) The Mayor may issue or amend any rule needed to comply with the requirements of federal laws and regulations in implementing the District’s comprehensive air pollution control program.

(b) Repealed.

(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this part, including establishing fines, permit fees, and other fees necessary to support the implementation of this part.


(Mar. 15, 1985, D.C. Law 5-165, § 6, 32 DCR 562; Apr. 26, 1994, D.C. Law 10-106, § 5, 41 DCR 1014; May 16, 1995, D.C. Law 11-15, § 2, 42 DCR 1392; Apr. 9, 1997, D.C. Law 11-255, § 58, 44 DCR 1271; Oct. 8, 2016, D.C. Law 21-160, § 6012(c), 63 DCR 10775.)

Prior Codifications

1981 Ed., § 6-906.

Emergency Legislation

For temporary amendment of section, see § 3 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Emergency Amendment Act of 1992 (D.C. Act 9-390, January 6, 1993, 40 DCR 683).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Temporary Amendment Act of 1992 (D.C. Law 9-262, March 27, 1993, law notification 40 DCR 2332).

Editor's Notes

Application of 10-106: Section 6(b) of D.C. Law 10-106 provided that § 5 of the act shall apply as of September 30, 1993.

District of Columbia Air Pollution Control Act of 1984 Proposed Rulemaking Approval Resolution of 1998: Pursuant to Resolution 12-(PR12-693), effective June 19, 1998, the Council approved the proposed rulemaking to amend Chapters 1 through 5 and Chapters 7 and 8 of Title 20 (Environment) DCMR, issued pursuant to the “District of Columbia Air Pollution Control Act of 1984”.

Delegation of Authority

Delegation of authority pursuant to D.C. Law 5-165, District of Columbia Air Pollution Control Act of 1984, see Mayor’s Order 88-62, March 15, 1988.

Resolutions

Resolution 14-106, the “Air Quality Regulations Amendment Emergency Approval Resolution of 2001”, was approved effective May 1,


Part B. Demand Response Electrical Generating Sources.

§ 8–101.11. Definitions.

For the purposes of this part, the term:

(1) “Best available control technology” or “BACT” means the pollution control standard as determined by the Director consistent with, but no less stringent than, 42 U.S.C. §  7479(3).

(2) “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 Chapter 14A of Title 34 [§  34-1431 et seq.].

(3) “Director” means the Director of the District Department of the Environment.


(Sept. 9, 2014, D.C. Law 20-135, § 201, 61 DCR 6767.)


§ 8–101.12. Disclosure.

A person who owns or operates an internal combustion engine as a demand response generating source shall track and submit an annual report disclosing the total number of hours, including the dates and times, that the source operated during the preceding year, and the total number of hours, including the dates and times, that the source operated as a demand response generating source during the preceding year, as well as any additional information the Director requires. The report shall be submitted to the District Department of the Environment by March 1, 2015, and annually on March 1 thereafter.


(Sept. 9, 2014, D.C. Law 20-135, § 202, 61 DCR 6767.)


§ 8–101.13. Limitation on the use of a generator as a demand response generating source.

(a) No person shall construct or operate an internal combustion engine as a demand response generating source unless the source implements, at a minimum, current best available control technology in accordance with a permit issued by the Director.

(b) A demand response generating source shall not be classified or permitted as an emergency generator.

(c) Nothing in this part shall prevent the Director from denying an application for or renewal of a permit for a demand response generating source to protect air quality or to encourage energy efficiency or conservation-based demand response in the District.

(d) A person found by the Director to be in violation of this section shall be subject to the civil penalties available under §  8-101.05c.


(Sept. 9, 2014, D.C. Law 20-135, § 203, 61 DCR 6767.)


§ 8–101.14. Rules; fees.

(a) The Mayor, pursuant to Chapter 5 of Title 2 [§  2-501 et seq.], may issue rules to implement the provisions of this part, including establishing permit fees and other fees necessary to support the implementation of this part.

(b) The Mayor may require reimbursement of costs for services, including inspections, sample collection, document review, or other reasonable costs or fees incurred in implementing this part or a regulation promulgated pursuant to this part.


(Sept. 9, 2014, D.C. Law 20-135, § 204, 61 DCR 6767.)