D.C. Mun. Regs. r. 20-102

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 20-102 - ORDERS FOR COMPLIANCE

102.1

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

102.2

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

102.3

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

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

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

(c) The nature and quantity of emissions of air pollutants likely to occur during the shutdown period;

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

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

102.4

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

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

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

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

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

102.5

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

102.6

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

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

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

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

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

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

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

102.7

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

D.C. Mun. Regs. r. 20-102

Section 3 of the District of Columbia Air Pollution Control Act of 1964, D.C. Law 5-165, §102, 32 DCR 562, 568 (February 1, 1985); Amended by Final Rulemaking published at 67 DCR 6758 (6/5/2020)