D.C. Mun. Regs. tit. 16, r. 16-4001

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 16-4001 - AIR QUALITY INFRACTIONS

4001.1

In addition to §§ 4001.2, 4001.3, and 4001.4, violation of any of the following provisions shall be a Class 1 infraction:

(a) D.C. Official Code § 8-111.08 (continuing work stopped by a Department order);

(b) 20 DCMR § 107.1 (failure to have operative or effective air pollution control device or practice);

(c) 20 DCMR § 107.4 (installation or use of any article, machine, equipment, device or contrivance which conceals an air pollution emission);

(d) 20 DCMR § 200.1 (failure to obtain air pollution construction or modification permit);

(e) 20 DCMR § 200.2 (failure to obtain air pollution operating permit);

(f) 20 DCMR § 200.3 (failure to comply with the requirements of 20 DCMR Chapter 2 during approved temporary operation of a source);

(g) 20 DCMR § 204.4 (failure of new major stationary source or major modification in a nonattainment area to comply with lowest achievable emission rate);

(h) 20 DCMR § 204.5 (failure to obtain permit that incorporates requirements specified in 20 DCMR §§ 204.18 and 204.19 prior to construction of a new major stationary source or major modification in a nonattainment area);

(i) 20 DCMR § 205.1 (failure to comply with New Source Performance Standards in 40 C.F.R. Part 60 );

(j) 20 DCMR § 208.4 (failure of source operating under PAL permit to comply with applicable requirements established prior to effective date of permit);

(k) 20 DCMR § 208.15 (failure to comply with emission limitation requirements following expiration of PAL effective period);

(l) 20 DCMR § 209.3 (failure to meet requirements for operating emission control technologies or pollution prevention methodologies for non-major stationary sources);

(m) 20 DCMR § 303.2 (operating without a permit after the time required to submit a timely and complete permit application);

(n) 20 DCMR § 303.3(b) (operating after expiration of permit);

(o) 20 DCMR § 401.7 (failure to timely prepare an emergency episode abatement plan);

(p) 20 DCMR § 401.10 (failure to comply immediately with abatement order or notice);

(q) 20 DCMR § 500.9 (failure to submit statement of NOx and VOC emissions);

(r) 20 DCMR § 501.1 (failure to install/maintain/operate monitoring devices);

(s) 20 DCMR § 501.2 (failure to conduct ambient monitoring);

(t) 20 DCMR § 501.3 (failure to comply with ambient monitoring requirements);

(u) 20 DCMR § 502.10 (failure to comply with specification(s) for monitoring and recording equipment or with provisions for installation, calibration, operation, and maintenance of equipment);

(v) 20 DCMR § 600.1 (failure to comply with PM standard for fuel-burning equipment);

(w) 20 DCMR §§ 602.1, 602.2, 602.3, 602.4, 602.5, or 602.6 (failure to comply with incinerator operating standards);

(x) 20 DCMR § 603.1 (failure to comply with PM emission limits);

(y) 20 DCMR § 603.3 (adding diluted air to the exhaust gas stream to avoid compliance with 20 DCMR §§ 603.1 through 603.2); or

(z) 20 DCMR § 711.1 (failure to have mechanical seals or approved equivalent for pumps and compressors).

4001.2

In addition to §§ 4001.1, 4001.3 and 4001.4, violation of any of the following provisions shall be a Class 1 infraction:

(a) 20 DCMR § 712.1 (failure to comply with limitations on waste gas emission from ethylene producing plant or source using ethylene);

(b) 20 DCMR § 713.1 (failure to meet requirements for emission of hydrocarbon gases from vapor blow-down system);

(c) 20 DCMR § 715.2 (failure to apply major source and case-by-case RACT as required);

(d) 20 DCMR § 720.1 (selling, supplying, offering for sale, or manufacturing consumer products that exceed VOC limits);

(e) 20 DCMR § 724.1 (selling, supplying, offering for sale, or manufacturing consumer products containing specified ozone depleting compounds);

(f) 20 DCMR § 725.2 (selling, supplying, offering for sale, using, or manufacturing aerosol adhesive that contains VOCs in excess of standards specified in 20 DCMR § 720.1);

(g) 20 DCMR § 725.5 (selling, supplying, offering for sale, or manufacturing any aerosol adhesive containing methylene chloride, perchloroethylene, or trichloroethylene);

(h) 20 DCMR § 726.1 (selling, supplying, offering for sale, or manufacturing antiperspirant or deodorant containing toxic air contaminant);

(i) 20 DCMR § 727.1 (selling, supplying, offering for sale, or manufacturing any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser containing methylene chloride, perchloroethylene, or trichloroethylene);

(j) 20 DCMR § 728.1 (selling, supplying, offering for sale, or manufacturing any adhesive remover, electrical cleaner, or graffiti remover containing methylene chloride, perchloroethylene, or trichloroethylene);

(k) 20 DCMR § 729.1 (selling, supplying, offering for sale, or manufacturing any solid air freshener or toilet/urinal care products containing para-dichlorobenzene);

(l) 20 DCMR § 730.1 (failure to comply with requirements for selling, supplying, or offering for sale any charcoal lighter material);

(m) 20 DCMR § 735.9 (failure to comply with ACP agreement);

(n) 20 DCMR § 735.12 (failure to calculate and reconcile ACP shortfalls);

(o) 20 DCMR § 735.20(a) (failure to reconcile ACP shortfalls following cancellation of ACP);

(p) 20 DCMR § 744.1 (selling, supplying, offering for sale, or manufacturing any adhesive, sealant, adhesive primer, or sealant primer that exceeds VOC content limits);

(q) 20 DCMR § 744.2 (using or applying any adhesive, sealant, adhesive primer, or sealant primer that exceeds VOC content limits);

(r) 20 DCMR § 744.4 (failure to comply with requirements for use of surface preparation or cleanup solvents);

(s) 20 DCMR § 744.7 (soliciting, specifying, or requiring use of adhesive, sealant, adhesive primer, sealant primer, or surface preparation or cleanup solvent that results in violation of 20 DCMR Chapter 7);

(t) 20 DCMR § 770.5 (failure to comply with requirements for use of industrial cleaning solvents);

(u) 20 DCMR § 774.1 (manufacturing, blending, supplying, selling, offering for sale, applying, or soliciting application of an AIM coating that exceeds specified VOC content);

(v) 20 DCMR § 774.5 (applying AIM coating that is thinned to exceed VOC limit);

(w) 20 DCMR § 774.6 (applying or soliciting application of AIM rust preventative coating that exceeds VOC limit);

(x) 20 DCMR § 800.1 (failure to comply with federal asbestos requirements for demolition and renovation, spray-on applications, waste disposal, air cleaning, and active waste disposal sites as provided in 40 C.F.R. §§ 61.145, 61.146, 61.150, 61.152, and 61.154);

(y) D.C. Official Code § 8-111.04 or 20 DCMR § 800.1(b) -(c) (failure to obtain asbestos abatement permit or license); or

(z) 20 DCMR § 800.3 (failure to comply with requirements for obtaining an asbestos abatement permit or license).

4001.3

In addition to §§ 4001.1, 4001.2 and 4001.4, violation of any of the following provisions shall be a Class 1 infraction:

(a) 20 DCMR § 800.5 (failure to comply with requirements for applying for or renewing an asbestos abatement permit or license);

(b) 20 DCMR § 800.6(a), (b), (c), (d), (e), or (f) (failure to comply with requirements for providing asbestos worker protection);

(c) 20 DCMR § 800.7(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), or (l) (failure to implement asbestos abatement control measures);

(d) 20 DCMR § 801.1 (purchasing, selling, offering for sale, storing, transporting, or using fuel oil which contains more than one percent (1%) sulfur);

(e) 20 DCMR § 802.1 (purchasing, selling, offering for sale, storing, transporting, or using coal which contains more than one percent (1%) sulfur);

(f) 20 DCMR § 803.1 (failure to comply with sulfur emission limit);

(g) 20 DCMR § 803.3 (adding diluted air to the exhaust gas stream to avoid compliance with sulfur emission limit);

(h) 20 DCMR § 804.1 (failure to comply with NOx standard for fuel burning equipment);

(i) 20 DCMR § 805.4(a) (failure to comply with combustion turbine emission standards);

(j) 20 DCMR § 805.4(d) (failure to maintain continuous compliance with combustion turbine emission standards as demonstrated by testing or continuous emission monitoring system);

(k) 20 DCMR § 805.5(b) or (c) (failure to comply with NOx emission rates for fossil-fuel-fired steam-generating units);

(l) 20 DCMR § 805.5(e) (failure to maintain continuous compliance with NOx emission rates for fossil-fuel-fired steam-generating units as demonstrated by testing or continuous emission monitoring system);

(m) 20 DCMR § 805.6(a) or (b) (failure to comply with NOx emission rates for asphalt concrete plants);

(n) 20 DCMR § 805.6(d) (failure to maintain continuous compliance with NOx emission rates for asphalt concrete plants as demonstrated by testing or continuous emission monitoring system);

(o) 20 DCMR § 805.7(a) (emissions in excess of an emission rate achievable through the implementation of RACT as demonstrated in an emission control plan);

(p) 20 DCMR § 805.7(b) (failure to reduce emissions as required by RACT emission control plan);

(q) 20 DCMR § 805.7(d) (failure to install and operate a CEM); or

(r) 20 DCMR § 805.8 (failure to comply with requirements for adjusting combustion process).

4001.4

In addition to §§ 4001.1, 4001.2, and 4001.3, violation of any of the following provisions shall be a Class 1 infraction:

(a) [Reserved]

4001.5

In addition to §§ 4001.6, 4001.7, 4001.8 and 4001.9, violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 107.2 (failure to provide required notice of air pollution control equipment shutdown);

(b) 20 DCMR § 107.3 (failure to comply with an air pollution control notice concerning operation during a period of maintenance or repair);

(c) 20 DCMR § 202.2 (failure to observe permit terms or conditions or submission of false statement of fact);

(d) 20 DCMR § 208.24 (failure to use a PAL monitoring system that meets specified requirements);

(e) 20 DCMR § 208.35 (failure to submit required semiannual PAL monitoring reports or prompt deviation reports);

(f) 20 DCMR § 301.1 (failure to submit a timely and complete permit application or renewal);

(g) 20 DCMR § 302.9 (failure to keep records or notify of changes in operations or emissions);

(h) 20 DCMR § 302.2 (failure to comply with terms and conditions of permit issued under 20 DCMR Chapter 3);

(i) 20 DCMR § 303.8 (failure to follow procedures for applying for termination of permit);

(j) 20 DCMR § 500.1 (failure to file written reports);

(k) 20 DCMR § 500.2 (failure to maintain/provide records regarding emissions);

(l) 20 DCMR § 502.1 (failure to conduct air pollutant emission tests);

(m) 20 DCMR § 502.2 (failure to provide sampling facility/fuel sample);

(n) 20 DCMR § 502.5 (failure to properly undertake NO_x, SO₂, or PM emissions tests);

(o) 20 DCMR § 502.6 (failure to properly undertake tests for sulfur content of fuels);

(p) 20 DCMR § 502.14 (failure to properly undertake tests of sources of hazardous air pollutants);

(q) 20 DCMR § 502.16 (failure to properly perform tests of gasoline and gasoline-oxygenate blends);

(r) 20 DCMR § 502.17 (failure to properly perform tests for emissions of volatile organic compounds);

(s) 20 DCMR § 600.2 (failure to properly test for PM emissions from fuel burning equipment);

(t) 20 DCMR § 600.3 (failure to properly test for PM emissions from fuel burning equipment equipped for the blowing of soot);

(u) 20 DCMR § 600.4 (specially tuning or optimizing fuel burning equipment before performance testing);

(v) 20 DCMR § 600.6 (failure to use method in 40 C.F.R. § 60.45(f)(5) when calculating performance test results for fuel burning equipment);

(w) 20 DCMR § 600.7 (blowing of soot from solid fuel burning equipment between 4:00 p.m. and 10:00 a.m.);

(x) 20 DCMR § 601.1 (selling/installing/using rotary cup burner);

(y) 20 DCMR § 601.2 (selling/using fuel oil in rotary cup burner); or

(z) 20 DCMR § 605.1 (failure to minimize fugitive dust).

4001.6

In addition to §§ 4001.5, 4001.7, 4001.8 and 4001.9, violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 605.2 (emission of fugitive dust from other specified activities);

(b) 20 DCMR § 606.1 (visible emission from stationary source);

(c) 20 DCMR § 606.2 (visible emission from fuel-burning equipment placed in initial operation before January 1, 1977);

(d) 20 DCMR § 606.3(a), (b), (c), or (d) (failure to comply with requirements for an exception to 20 DCMR § 606.1);

(e) 20 DCMR § 606.4 (failure to maintain/operate equipment as required);

(f) 20 DCMR § 606.6 (failure to adequately train/supervise personnel);

(g) 20 DCMR § 700.2 (failure to comply with VOC emissions limits);

(h) 20 DCMR §§ 701.1, 701.4, 701.5, 701.6, 701.7, 701.8, 701.9, 701.10, 701.11, 701.13 (failure to comply with requirements for storage of petroleum liquid);

(i) 20 DCMR §§ 703.1, 703.2, 703.3, 703.4, 703.5, 703.6, or 703.7 (failure to comply with requirements for maintaining/operating terminal vapor recovery system);

(j) 20 DCMR § 704.1 (failure to transfer volatile organic compounds or gasoline from delivery vessel to stationary source container as prescribed);

(k) 20 DCMR § 704.2 (Stage I vapor recovery system does not include a return line or condensation system);

(l) 20 DCMR § 704.3 (vapor-tight return system is not properly constructed);

(m) 20 DCMR § 704.4(a) (delivery vessel not refilled at facility with ninety percent (90%) vapor recovery system);

(n) 20 DCMR § 704.4(b) (failure to conduct annual delivery vessel leak test);

(o) 20 DCMR § 704.4(d) (failure to remove failed delivery vessel from service);

(p) 20 DCMR § 705.1 (failure to use prescribed equipment to transfer gasoline to any vehicular fuel tank from any stationary storage container);

(q) 20 DCMR § 708.2 (failure to comply with emission limits for non-photochemically reactive solvents);

(r) 20 DCMR § 709.1 (manufacturing, mixing, storing, using, or applying cutback asphalt between April 1st and September 30th);

(s) 20 DCMR § 710.1 (failure to operate in compliance with requirements for intaglio, flexographic, or rotogravure printing);

(t) 20 DCMR § 710.4 (failure to comply with VOC limits for inks, wiping solutions, and fountain solutions for intaglio, flexographic, or rotogravure printing);

(u) 20 DCMR § 710.10 (failure to minimize ink usage in intaglio printing);

(v) 20 DCMR § 710.12 (failure to minimize and restrict openings of containers that hold or convey VOC-containing materials in connection with intaglio, flexographic, or rotogravure printing);

(w) 20 DCMR § 710.13 (failure to prevent leaking from printing unit/equipment in connection with intaglio, flexographic, or rotogravure printing);

(x) 20 DCMR § 710.14 (failure to properly store or dispose of any solvent-containing material in connection with intaglio, flexographic, or rotogravure printing);

(y) 20 DCMR § 710.15 (failure to minimize use of VOC-containing material in operation of intaglio, flexographic, or rotogravure printing units/equipment); or

(z) 20 DCMR § 714.1 (failure to comply with VOC emission limit for units within a specified Control Techniques Guidelines category).

4001.7

In addition to §§ 4001.5, 4001.6, 4001.8 and 4001.9, violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 714.7 (failure of facility subject to 20 DCMR § 714.1(a) to comply with requirements for storage, spills, conveyance, closing of containers, or cleaning of VOC-containing materials);

(b) 20 DCMR § 714.8 (failure of a facility subject to 20 DCMR § 714.1 to maintain required emissions and compliance records);

(c) 20 DCMR § 716.1 (failure to operate in compliance with requirements for offset lithography or letterpress printing operations);

(d) 20 DCMR § 716.5 (failure to comply with VOC limits for fountain solution used in offset lithography printing operations before January 1, 2012);

(e) 20 DCMR § 716.6 (failure to comply with VOC limits for fountain solution used in offset lithography printing operations after January 1, 2012);

(f) 20 DCMR § 716.8 (failure to comply with VOC limits for cleaning solutions used in offset lithography and letterpress printing operations);

(g) 20 DCMR § 716.9 (failure to keep cleaning solutions and towels in closed containers in conjunction with offset lithography or letterpress printing operations);

(h) 20 DCMR § 716.16 (using dryers or inks without reducing VOC emissions as specified in conjunction with specified heatset web offset lithography or heatset letterpress printing operations);

(i) 20 DCMR § 716.17 (adding diluent air to exhaust gas stream to comply with 20 DCMR § 716.16);

(j) 20 DCMR § 716.20 (failure to install, calibrate, maintain, and operate temperature monitoring device for specified lithography or letterpress printing operations);

(k) 20 DCMR § 716.21 (failure to comply with requirements relating to openings of containers of VOC-containing materials in conjunction with offset lithography or letterpress printing operations);

(l) 20 DCMR § 716.22 (failure to comply with requirements relating to leakage of VOC-containing materials in conjunction with offset lithography or letterpress printing operations);

(m) 20 DCMR § 716.23 (failure to comply with requirements relating to storage or disposal of VOC-containing materials in conjunction with offset lithography or letterpress printing operations);

(n) 20 DCMR § 716.24 (failure to minimize use of VOC-containing material in operation of offset lithography or letterpress printing units/equipment);

(o) 20 DCMR § 716.25 (failure of offset lithography or letterpress printing operation to maintain required emissions and compliance records);

(p) 20 DCMR §§ 717.1, 717.2, or 717.3 (failure to comply with operating and emissions control requirements of groundwater remediation systems);

(q) 20 DCMR § 718.3 (application of mobile equipment repair and refinishing coatings exceeding VOC limits);

(r) 20 DCMR § 718.5 (failure to use a proper application technique for mobile equipment repair and refinishing coatings);

(s) 20 DCMR § 727.3 (failure to provide written notice of sell-through period for contact adhesives, electronic cleaners, footwear or leather care products, or general purpose degreasers containing methylene chloride, perchloroethylene, or trichloroethylene);

(t) 20 DCMR § 728.3 (failure to provide written notice of sell-through period for adhesive removers, electrical cleaners, or graffiti removers containing methylene chloride, perchloroethylene, or trichloroethylene);

(u) 20 DCMR § 729.3 (failure to provide written notice of sell-through period for solid air fresheners or toilet/urinal care products that contain para-dichlorobenzene);

(v) 20 DCMR §§ 733.1, 733.2, 733.3, or 733.5 (failure to report information on consumer products);

(w) 20 DCMR § 734 (failure to comply with testing methods or maintain accurate records for consumer products);

(x) 20 DCMR § 744.6 (failure of any person using adhesives, sealants, adhesive primers, sealant primers, or surface preparation or cleanup solvents to comply with requirements for storage and disposal, spills, conveyance, closing of containers, or cleaning of equipment);

(y) 20 DCMR § 745.5 (failure to maintain monthly operational records demonstrating exemption from requirements for adhesives, sealants, adhesive primers, sealant primers, cleanup solvents, or surface preparation solvents); or

(z) 20 DCMR §§ 746.1, 746.2, 746.3, or 746.4 (failure to maintain records of compliance with regulations relating to adhesives and sealants).

4001.8

In addition to §§ 4001.5, 4001.6, 4001.7 and 4001.9, violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 747 (failure to comply with test methods and compliance procedures for adhesives and sealants);

(b) 20 DCMR § 749 (failure to use proper methods for applying adhesives and sealants);

(c) 20 DCMR § 752.1 (selling, offering for sale, advertising, manufacturing, introducing, delivering, or importing portable fuel containers and spouts not certified through CARB or covered by a CARB Executive Order);

(d) 20 DCMR § 755 (failure to follow portable fuel container and spout testing procedures);

(e) 20 DCMR § 770.8 (failure to provide written information to purchaser of solvents for use in solvent cleaning operation);

(f) 20 DCMR § 770.10 (failure to maintain records on applicability of and compliance with requirements for industrial cleaning solvents);

(g) 20 DCMR § 771.3 (failure to comply with requirements for storage, spills, conveyance, closing of vessels, minimizing emissions, or cleaning of VOC-containing materials in connection with operations and processes subject to 20 DCMR § 771.1);

(h) 20 DCMR § 771.4 (failure to maintain records in connection with operations and processes subject to 20 DCMR § 771.1);

(i) 20 DCMR § 778 (failure to comply with testing methods for AIM products);

(j) 20 DCMR § 800.4(b) (failure to properly notify of resilient floor covering removals);

(k) 20 DCMR § 805.3(a), (c), (d), (e), and (f) (failure to timely submit and receive approval for an emission control plan prior to implementation of NOx RACT);

(l) 20 DCMR § 805.7(e) (failure to maintain and make available daily records demonstrating compliance with NOx emission rates);

(m) 20 DCMR § 805.7(f) (failure to perform tests that demonstrate NOx compliance); or

(n) D.C. Official Code § 8-111.11 (failure to maintain and make available asbestos abatement records).

4001.9

In addition to §§ 4001.5, 4001.6, 4001.7, and 4001.8, violation of any of the following provisions shall be a Class 2 infraction:

(a) [Reserved]

4001.10

In addition to § 4001.11, violation of any of the following provisions shall be a Class 3 infraction:

(a) 20 DCMR § 200.6(g) (failure to maintain and make available upon request individual response document regarding source category permit application);

(b) 20 DCMR §§ 200.7 or 200.8 (failure to submit permit applications on the correct forms or to supply necessary data and information);

(c) 20 DCMR § 204.17 (failure of a project not considered a major modification to maintain, make available, and submit with permit application required information);

(d) 20 DCMR §§ 208.17 or 208.18 (failure to submit a timely and complete application to request renewal of a PAL);

(e) 20 DCMR § 301.2 (failure to promptly submit supplementary, corrected, or additional information in connection with permit application);

(f) 20 DCMR § 301.3 (failure to submit a timely and complete permit application on the prescribed forms or to include all necessary and required information);

(g) 20 DCMR § 502.4 (failure to submit test reports as required);

(h) 20 DCMR § 730.5 (failure to submit written application with required information for certification of charcoal lighter material formulation);

(i) 20 DCMR § 735.8 (failure to maintain and make available ACP records);

(j) 20 DCMR §§ 764.2, 764.3, 764.4, 764.5, 764.6, or 764.7 (failure to comply with requirements for cold cleaning machines);

(k) 20 DCMR §§ 765.2, 765.3, 765.4, or 765.5 (failure to comply with requirements for batch vapor cleaning machines);

(l) 20 DCMR §§ 766.2, 766.3, or 766.4 (failure to comply with requirements for in-line vapor cleaning machines);

(m) 20 DCMR §§ 767.2, 767.3, 767.4, 767.5, 767.6, 767.7, or 767.8 (failure to comply with requirements for airless and airtight cleaning machines);

(n) 20 DCMR §§ 768.2, 768.3, 768.4, 768.5, 768.6, 768.7, or 768.8 (failure to meet alternative compliance requirements for solvent cleaning machines);

(o) 20 DCMR §§ 777 (failure to properly submit AIM coating reports);

(p) 20 DCMR § 800.9 (failure to timely notify building occupants of impending asbestos abatement);

(q) 20 DCMR § 805.3(b) (failure to submit notification of compliance with 20 DCMR § 805.8);

(r) 20 DCMR § 805.4(b)(1) (failure to maintain in a logbook dates and hours of combustion turbine operation);

(s) 20 DCMR § 900.1 (idling engine for more than three (3) minutes); or

(t) 20 DCMR § 903.1 (emitting odorous or other air pollutant).

4001.11

In addition to § 4001.10, violation of any of the following provisions shall be a Class 3 infraction:

(a) [Reserved]

4001.12

In addition to § 4001.13, violation of any of the following provisions shall be a Class 4 infraction:

(a) 20 DCMR § 604.1 (open burning);

(b) 20 DCMR § 704.4(e) (failure to post leak test certificate on tank truck);

(c) 20 DCMR § 704.4(f) (loading/unloading tank truck with no certificate);

(d) 20 DCMR § 704.6 (operating or maintaining delivery system/vessels or vapor collection/recovery system with a vapor or liquid leakage or spillage);

(e) 20 DCMR § 705.6 (failure to comply with requirements for a vapor balance system);

(f) 20 DCMR § 705.7 (failure to maintain/operate balance system);

(g) 20 DCMR § 705.8 (refueling with nozzle not designed to automatically shutoff when tank is full);

(h) 20 DCMR § 705.10 (failure to maintain/operate Stage II vapor recovery system);

(i) 20 DCMR § 705.12 (failure to post operating instructions/warnings for Stage II vapor recovery system);

(j) 20 DCMR § 705.13 (failure to install/operate vapor control systems/components per required standards);

(k) 20 DCMR §§ 706.1, 706.2, 706.3, 706.4, 706.5, 706.7, 706.8, 706.9, 706.10, 706.11, or 706.13 (failure to comply with VOC emission requirements for petroleum dry cleaners);

(l) 20 DCMR § 718.4 (failure to provide documentation of VOC content of mobile equipment repair and refinishing coatings);

(m) 20 DCMR § 718.8 (failure to comply with housekeeping, pollution prevention, and training measures in connection with mobile equipment repair and refinishing coatings);

(n) 20 DCMR § 730.7 (failure to timely notify regarding change in charcoal lighter material);

(o) 20 DCMR § 731.1 (failure to properly label floor wax strippers);

(p) 20 DCMR § 732 (failure to comply with requirements for labeling consumer products);

(q) 20 DCMR § 735.2 (failure to submit ACP agreement);

(r) 20 DCMR § 735.4 (failure to properly submit ACP application);

(s) 20 DCMR § 735.10 (failure to comply with requirements for use of surplus reductions);

(t) 20 DCMR § 735.11 (failure to comply with requirements for limited-use surplus reduction credits for early reformulations of ACP products);

(u) 20 DCMR § 736.1 (failure to submit CARB Innovative Product exemption for consumer products);

(v) 20 DCMR § 748 (failure to properly label adhesives, sealants, adhesive primers, or sealant primers);

(w) 20 DCMR § 757 (failure to submit required information, applications, or notifications related to Innovation Product exemption for portable fuel containers and spouts);

(x) 20 DCMR § 758.2 (failure to submit copy of CARB variance decision for portable fuel containers and spouts);

(y) 20 DCMR § 769 (failure to conduct record keeping, testing, and monitoring for solvent cleaning operations as required); or

(z) 20 DCMR § 774.4 (failure to close AIM container when not in use).

4001.13

In addition to § 4001.12, violation of the following provision shall be a Class 4 infraction:

(a) 20 DCMR § 776 (failure to properly label AIM coatings); or

(b) 20 DCMR § 901.1 (visible emission for more than ten (10) seconds from vehicle).

4001.14

Violation of any of the following provisions shall be a Class 5 infraction:

(a) 20 DCMR § 718.7 (failure to properly clean spray gun for applying mobile equipment repair and refinishing coatings);

(b) 20 DCMR § 735.13 (failure to submit required notification of change in ACP product);

(c) 20 DCMR § 735.14 (failure to submit required information and obtain pre-approval of modifications to the enforceable sales record or reconciliation of shortfalls plan specified in ACP Agreement);

(d) 20 DCMR § 735.15 (failure to timely submit written notice of new information that may alter ACP submission);

(e) 20 DCMR § 735.23 (failure to timely submit required notification of ACP transfers and provide required written declaration); or

(f) 20 DCMR § 754 (failure to comply with labeling requirements for portable fuel containers and spouts).

4001.15

Violation of any provision of the Air Quality Regulations, 20 DCMR Chapters 1 through 20, which provision or rule is not cited elsewhere in this section, shall be a Class 4 infraction.

D.C. Mun. Regs. tit. 16, r. 16-4001

As amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014)