D.C. Mun. Regs. r. 20-199

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 20-199 - DEFINITIONS
199.1

When used in the air quality regulations, Chapters 1 through 20 of Title 20 DCMR, the following terms shall have the meaning ascribed:

Act - except as used in Chapter 3 of Title 20, the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165) as amended, (D.C. Official Code §§ 8-101.01et seq.).

Actual emissions - the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with paragraphs (a) through (f):

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during the twenty-four (24) month period which precedes the particular date and which is representative of normal source operation;
(b) Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period;
(c) When a project involves multiple emissions units or multiple regulated NSR pollutants, or both, only one (1) consecutive twenty-four (24) month period within the last five (5) years must be used to determine the actual emissions for all pollutants and for all the emissions units affected by the project;
(d) The average rate shall not be based on any consecutive twenty-four (24) period for which there is inadequate information for determining annual emissions;
(e) The Department may allow the use of a different time period within the last five (5) years upon determining that it is more representative of operations; and
(f) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

Administrator - Administrator of the United States Environmental Protection Agency or an authorized representative.

Air pollutant - dust, fumes, gas, mist, smoke, vapor, odor, particulate matter, or any combination thereof, except that these terms shall not include uncombined water in the atmosphere unless it presents a safety hazard.

Air pollution - the presence in the outdoor atmosphere of one or more air pollutants in sufficient quantities and of characteristics and duration as are likely to be injurious to public welfare, to the health of humans, to plant or animal life, or to property, or which interferes with the reasonable enjoyment of life and property.

Air quality regulations - unless otherwise specified, regulations issued pursuant to the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165) as amended, (D.C. Official Code §§ 8-101.01et seq.).

Allowable emissions - the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which restrict the operating rate, hours of operation, or both) and the most stringent of the following:

(a) The applicable standards as set forth in 40 C.F.R. parts 60, 61, and 63;
(b) Any applicable State Implementation Plan emissions limitation, including those with a future compliance date; or
(c) The emissions rate specified under any requirement or permit condition that is enforceable as a practical matter, including those with a future compliance date.

Annual process rate - the actual or estimated annual fuel, process, or solid waste operating rate.

ASTM - ASTM International, formally known as the American Society for Testing and Materials, develops international voluntary consensus standards that can be purchased at: http://www.astm.org/

Begin actual construction - the initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. These activities include, but are not limited to , installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities that mark the initiation of the change.

Best available control technology (BACT) - an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 40 C.F.R. parts 60, 61, or 63. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means that achieve equivalent results.

Blending plant - any refinery or other facility at which oxygenated gasoline is produced through the addition of oxygenates, and at which the quality or quantity of the gasoline is not altered in any other manner.

Boiler - an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or any other medium.

Building, structure, facility, or installation- all of the pollutant emitting activities that belong to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have th e same first two (2) digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively).

Carrier - a distributor of gasoline who does not take title to or otherwise have ownership of the gasoline, and does not alter either the quality or quantity of the gasoline.

Cartridge filter - perforated canisters containing filtration paper or activated carbon that are used in a pressurized system to remove solid particles and fugitives dyes from soil-laden solvent.

Certifying individual - the individual responsible for the completion and certification of the emission statement and who will take legal responsibility for the emission statement's accuracy.

Clean Air Act - the federal Clean Air Act, enacted December 31, 1970 ( Public Law 91-604 ), as amended ( 42 USC §§ 7401et seq.).

Cold cleaner - any batch loaded, non-boiling solvent degreaser.

Commence - as applied to construction of a major stationary source or major modification - that the owner or operator has obtained all necessary preconstruction approvals or permits and either has:

(a) Begun, or caused to begin, a continuous program of physical on-site construction of a source to be completed within a reasonable time; or
(b) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

Complete - in reference to an application for a permit, that the application contains all of the information necessary for processing the application, as determined by the Department.

Component - any piece of equipment that has the potential to leak volatile organic compounds and that is tested in the manner described in § 702 of the air quality regulations. These sources include, but are not limited to, pumping seals, compressor seals, seal oil degassing vents, pipeline valves, flanges and other connections, pressure relief devices, process drains, and open-ended pipes. Excluded from these sources are valves which are not externally regulated.

Condensate - hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature or pressure and remains liquid at standard conditions.

Construction - any physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of an emissions unit that would result in a change in emissions.

Containers and conveyors of solvent - piping, ductwork, pumps, storage tanks, and other ancillary equipment that are associated with the installation and operation of washers, dryers, filters, stills, and settling tanks.

Continuous emissions monitoring system (CEMS) - all of the equipment that may be required to meet data acquisition and availability requirements to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

Continuous emissions rate monitoring system (CERMS) - the total equipment required for the determination and recording of the pollutant mass emissions rate of mass per unit of time.

Continuous parameter monitoring system (CPMS) - all of the equipment necessary to meet the data acquisition and availability requirements of this section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.

Control device - any device that has as its primary function the control of emissions from fuel burning, refuse burning, or from a process, and thus reduces the creation of, or the emission of, air pollutants into the atmosphere, or both.

Control efficiency - the actual total control efficiency achieved by the control device(s).

Control equipment identification code - the tracking code established by the U.S. Environmental Protection Agency that defines the equipment used to reduce, by destruction or removal, the amount of air pollutant(s) in an air stream prior to discharge to the ambient air.

Conveyorized degreaser - any continuously loaded, boiling or non-boiling, conveyorized solvent degreaser.

Crude oil - a naturally occurring mixture that consists of hydrocarbons and sulfur, nitrogen, and oxygen derivatives of hydrocarbons and that is liquid at standard conditions.

Cutback asphalt - any asphalt cement that has been liquified by blending with a volatile organic compound(s).

Dampening solution - as applied to lithography, is a water-based solution, usually containing an acid, a buffer, a gum, and alcohols and used to prevent the non-printing areas of the plate from receiving ink.

Department - the Department of Energy and Environment (DOEE).

Director - the Director of th e Department of Energy and Environment or the Director's duly authorized representative.

Dispersion technique - includes any intermittent or supplemental control of air pollutants varying with atmospheric conditions, or so much of the stack height of any source that exceeds the greater of sixty- five (65) meters (213 feet) or Hg = H + 1.5L, where Hg + maximum stack height determined from consideration of all nearby structures, measured from the ground- level elevation at the base of the stack, H = height of nearby structure(s) measured from the ground- level elevation at the base of the stack, L = lesser dimension (height or projected width) of nearby structure(s), or so much of the stack height of any source that exceeds the height determined by a demonstration performed to the satisfaction of the Department. In determining whether a demonstration is performed satisfactorily, the Department shall take into consideration, among other factors, the methods, documents, and practices used in performing the demonstration.

Distillate oil - any oil that meets the specifications of the American Society for Testing and Materials (ASTM) for number one (No. 1) and number two (No. 2) grades of fuel oil found in ASTM D 396, "Standard Specifications for Fuel Oil."

District - the District of Columbia.

Distributor - any person or party who supplies gasoline for delivery to a retail outlet.

Dry cleaning - a process for the cleaning of textiles and fabric products in which articles are washed in a nonaqueous solution (solvent) and then dried by exposure to a heated air stream.

Dry cleaning facility - a facility engaged in the cleaning of fabrics in an essentially nonaqueous solvent by means of one or more washes in solvent, extraction of excess solvent by spinning, and drying by tumbling in an airstream. The facility includes, but is not limited to, any washer, dryer, filer and purification systems, waste disposal systems, holding tanks, pumps, and attendant piping and values.

Duct burner - a device that combusts fuel and that is placed in the exhaust duct from another source, such as a stationary combustion turbine, internal combustion engine, kiln, etc., to allow the firing of additional fuel to heat the exhaust gases before the exhaust gases enter a heat recovery steam generating unit.

Emission - the act of releasing or discharging air pollutants into the outdoor atmosphere from any source.

Emission factor - an estimate of the rate at which a pollutant is released to the atmosphere as the result of some activity divided by the rate of that activity.

Emission statement - annual report of actual emissions of oxides of nitrogen and volatile organic compounds required of each owner or operator of stationary sources pursuant to the requirements of § 182(a)(3)(B) of the federal Clean Air Act.

Emissions unit - any part of a stationary source that emits or would have the potential to emit any pollutant subject to regulation under the federal Clean Air Act or under the air quality regulations.

Enforceable as a practical matter - for an emission limitation or for other standards (design standards, equipment standards, work practices, operational standards, pollution prevention techniques) in a permit for a source means that the permit's provisions specify:

(a) A limitation or standard and the emissions units or activities at the source subject to the limitation or standard;
(b) The time period for the limitation (e.g., hourly, daily, monthly, and/or annual limits such as rolling annual limits); and
(c) The method to determine compliance, including appropriate monitoring, record keeping, reporting, and testing.

Episode stage - a level of air pollution in excess of an ambient air quality standard which may result in an imminent and substantial danger to public health or welfare. This term shall include alert, warning, and emergency stages.

Estimated emissions method code - a one -position tracking code established by the U.S. Environmental Protection Agency that identifies the estimation technique used in the calculation of estimated emissions.

Excessive concentrations - for the purpose of determining good engineering practice stack height in a demonstration, a maximum concentration due to downwash, wakes, or eddies produced by structures or terrain features that the Department determines would result in adverse health effect(s) beyond those that would be experienced in the absence of the downwash, wake, or eddies. In determining the adverse health effect(s) resulting from downwash, wakes, or eddies, the Department shall take into consideration, among other factors, the following:

(a) The nature and concentration of the pollutant(s);
(b) The applicable National Ambient Air Quality Standard(s);
(c) Any other appropriate air quality standard(s); and
(d) The possible duration of exposure to the pollutant(s).

Existing source - equipment, machines, devices, articles, contrivances, or installations that are under construction or in operation on February 1, 1985, except that any existing equipment, machine, device, article, contrivance, or installation that is altered, replaced, or rebuilt after February 1, 1985, shall be defined as a new source.

External floating roof - a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck that rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank wall.

Federally enforceable - all limitations and conditions that are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR parts 60, 61, and 63 requirements within any applicable state implementation plan, any permit requirements established pursuant to 40 CFR § 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the state implementation plan and expressly requires adherence to any permit issued under such program, or any permit requirements not designated as "state only" in a federal operating permit, a permit issued pursuant to Chapter 3 of this title, or a permit issued pursuant to 40 CFR parts 70 and 71.

Fossil fuel - natural gas, petroleum, coal, and any form of solid, liquid, or gaseous fuel derived from these materials.

Fossil fuel-fired - Except as used in Chapter 10, the combustion of fossil fuel or any derivative of fossil fuel, alone or in combination with any other fuel, independent of the percentage of fossil fuel consumed in any calendar year, expressed in Million British Thermal Units (MMBtu).

Fossil fuel- fired steam-generating unit - a furnace or boiler, or combination of furnaces or boilers connected to a common stack, used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

Freeboard - for cold degreasing tanks, the distance from the top of the solvent to the top of the tank; and for vapor degreasing tanks, the distance from the solvent vapor-air interface to the top of the tank.

Fuel burning equipment - any furnace, boiler, apparatus, stack, and all appurtenances in connection with, used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer.

Fugitive dust - solid, airborne particulate matter emitted from any source other than through a stack or originating from any activity or process, or both.

Fugitive emissions - those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

Gaseous fuel - any fuel or mixture of fuels that maintains a gaseous state at standard atmospheric temperature and pressure.

Gas service - equipment that processes, transfers, or contains a volatile organic compound or mixture of volatile compounds in the gaseous phase.

Gas service for pipeline valves and pressure relief valves - the volatile organic compounds being gaseous at conditions that prevail in the component during normal operations.

Gasoline - any petroleum distillate having a Reid vapor pressure of four pounds (4 lbs.) or greater.

Heat recovery steam generating unit - a unit where the hot exhaust gases from the combustion turbine are routed in order to extract heat from the gases and generate steam, for use in a steam turbine or other device that utilizes steam. Heat recovery steam generating units can be used with or without duct burners.

Hydrocarbon - a volatile organic compound.

Incinerator - any furnace used in the process of burning solid waste or sludge for the primary purpose of reducing the volume of the waste or sludge by removing combustible matter.

Independent small business marketer of gasoline - any person engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under § 324 of the federal Clean Air Act or regulations promulgated thereunder, unless such person:

(a) Is a refiner;
(b) Controls, is controlled by, or is under common control with a refiner;
(c) Is otherwise directly affiliated with a refiner or with a person who controls, is controlled by, or is under common control with a refiner; or
(d) Receives less than fifty percent (50%) of his or her annual income from the refining or marketing of gasoline. For purposes of the definition of independent small business marketer of gasoline, the term "refiner" shall not include any refiner whose total refinery capacity (including the refinery capacity of any person who controls, is controlled by, or is under common control with such refiner) does not exceed sixty five thousand (65,000) barrels per day, and the terms "controls," "controlled by," or "common control" mean ownership of more than fifty percent (50%) of the refiner's common stock.

Indirect source - any facility, or group of facilities, the use of which may result in the emission of one or more air pollutants from any other stationary or non-stationary source. Without limiting the generality of the foregoing, this phrase includes any facility, whether industrial, commercial, residential, public, private or other, used for human activity, any highway, road, roadway, street or lane, whether public or private, any associated equipment or facility, such as traffic signals, signs, parking meters, any airport, and any parking lot or facility.

Ink - a fluid or viscous substance used in printing for the purpose of creating images, including glues and varnishes used for coating areas of the paper (or other substrate). The images and coatings need not be visible to the naked eye.

Innovative control technology - any system of air pollution control that has not been adequately demonstrated in practice, but would have substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.

Leaking component - a component that has a volatile organic compound concentration exceeding ten thousand (10,000) parts per million when tested in the manner described in Appendix B, EPA Guideline Series, EPA-450/2-78-036, OAQPS No. 1.2-111, June 1978.

Lease custody transfer - the transfer of produced crude oil or condensate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any forms of transportation.

Liquid fuel - any fuel that maintains a liquid state at standard atmospheric temperature and pressure.

Liquid-mounted seal - a primary seal mounted in continuous contact with the liquid between the tank wall and the floating room around the circumference of the tank.

Liquid service - equipment which processes, transfers or contains a volatile organic compound or mixture of volatile compounds in the liquid phase.

Loading facility - any aggregation or combination of gasoline loading equipment that is both possessed by one (1) person, and located so that all the gasoline loading outlets for the aggregation or combination of loading equipment can be encompassed within any circle of three hundred feet (300 ft.) in diameter.

Lowest achievable emission rate (LAER) - for any source, the more stringent rate of emissions based on the following:

(a) The most stringent emissions limitation that is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or
(b) The most stringent emissions limitation that is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within or stationary source. In no event shall the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.

Major stationary source - any stationary source of air pollutants that emits, or has the potential to emit, one hundred tons per year (100 Tpy) or more of any pollutant regulated under the Clean Air Act, except that lower emissions thresholds shall apply as follows:

(a) Seventy (70) Tpy or more of PM10 or, where applicable, seventy (70) Tpy of a specific PM10 precursor, in any nonattainment area for PM10;
(b) Fifty (50) Tpy or more of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined under rules issued by the EPA Administrator);
(c) Twenty- five (25) Tpy or more of nitrogen oxides or volatile organic compounds in any nonattainment area for ozone, except where paragraph (d) below is applicable;
(d) Ten (10) Tpy or more of nitrogen oxides or volatile organic compounds in any extreme nonattainment area for ozone;
(e) Any physical change that would occur at a stationary source not qualifying under paragraphs (a) - (d) above, is a major stationary source if the change would constitute a major stationary source by itself;
(f) A major stationary source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone; and
(g) The fugitive emissions of a stationary source shall not be included in determining major stationary source status, unless the source belongs to one (1) of the following categories of stationary sources:
(1) Coal cleaning plants (with thermal dryers);
(2) Kraft pulp mills;
(3) Portland cement plants;
(4) Primary zinc smelters;
(5) Iron and steel mills;
(6) Primary aluminum ore reduction plants;
(7) Primary copper smelters;
(8) Municipal incinerators capable of charging more than two hundred fifty tons (250 T) of refuse per day;
(9) Hydrofluoric, sulfuric, or nitric acid plants;
(10) Petroleum refineries;
(11) Lime plants;
(12) Phosphate rock processing plants;
(13) Coke oven batteries;
(14) Sulfur recovery plants;
(15) Carbon black plants (furnace process);
(16) Primary lead smelters;
(17) Fuel conversion plants;
(18) Sintering plants;
(19) Secondary metal production plants;
(20) Chemical process plants;
(21) Fossil- fuel boilers (or combination thereof) totaling more than two hundred fifty million British thermal units (250,000,000 Btus) per hour heat input;
(22) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand (300,000) barrels;
(23) Taconite ore processing plants;
(24) Glass fiber processing plants;
(25) Charcoal production plants;
(26) Fossil fuel- fired steam electric plants of more than two hundred fifty million British thermal units (250,000,000 Btus) per hour heat input; and
(27) Any other stationary source category which, as of August 7, 1980, is being regulated under §§ 111 or 112 of the Clean Air Act.

Modification - other than as used in § 205 of the air quality regulations, any physical change in, or change in the method of operation of, a stationary source that increases or decreases the amount of any air pollutant emitted by the source, or that results in the emission of any air pollutant not previously emitted, except that the term shall not include the following:

(a) Routine maintenance, repair, or replacement;
(b) An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition established pursuant to § 204 of this title;
(c) Use of an alternative fuel or raw material if, prior to March 15, 1985, the affected facility was designed to accommodate the alternative use; and
(d) Decommissioning or removal.

Multiple chamber incinerator-

(a) Any incinerator consisting of three (3) or more refractory- lined combustion chambers in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and employing adequate design parameters necessary for maximum combustion of the material to be burned. The combustion chamber shall include as a minimum, one chamber principally for ignition, one chamber principally for mixing, and one chamber for combustion; and
(b) Any incinerator consisting of less than three (3) refractory- lined combustion chambers in series that is connected to an afterburner approved by the Director and employing adequate design parameters necessary for maximum combustion of the material to be burned.

Natural gas - a naturally occurring fluid mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in geological formations beneath the Earth's surface that maintains a gaseous state at standard atmospheric temperature and pressure under ordinary conditions. Additionally, natural gas must either be composed of at least seventy percent (70%) methane by volume or have a gross calorific value between 950 and 1,100 British thermal units (Btu) per standard cubic foot. Natural gas does not include the following gaseous fuels: landfill gas, digester gas, refinery gas, sour gas, blast furnace gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel produced in a process which might result in highly variable sulfur content or heating value.

Nearby - as used in the definition of "dispersion technique," that distance up to five (5) times the lesser of the height or the projected width of a structure but not greater than eight tenths (0.8) kilometer (five tenths (0.5) mile). The height of the structure is measured from the ground- level elevation at the base of the stack. "Nearby" as applied to terrain features, means up to the distance that a terrain feature has an adverse influence on stack effluent or eight tenths (0.8) kilometer (five tenths (0.5) mile), whichever is less; except, that if it is shown to the satisfaction of the Department that the eight tenths (0.8) kilometer (five tenths (0.5) mile) restriction is unreasonable, a new cutoff distance may be used. In the determination of the unreasonableness of the eight tenths (0.8) kilometer (five tenths (0.5) mile) cutoff for demonstrations, the Department shall take into consideration, among other factors, the extent and shape of the terrain feature(s) and the frequency of occurrence of meteorological conditions leading to excessive concentrations caused by downwash, wakes, or eddies.

Necessary preconstruction approvals or permits - those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations that are part of the State Implementation Plan for the District of Columbia.

New source - equipment, machines, devices, articles, contrivances, or installations built or installed on or after the effective date of the District of Columbia Air Pollution Control Act of 1984, or existing at that time that are later altered, repaired, or rebuilt. Any equipment, machines, devices, articles, contrivances, or installations moved to a new address, or operated by a new owner, or new lessee, after the effective date of the District of Columbia Air Pollution Control Act of 1984, shall be considered a new source.

Non-oxygenated gasoline - any gasoline having an oxygen content of less than two percent (2%) by volume or four tenths of a percent (0.4%) by weight.

Odor - that property of an air pollutant that affects the sense of smell.

Offset lithography - a process of planographic offset printing involving two (2) difference areas on the plate, one (1) receptive to ink, the other receptive to dampening solution.

Opacity - the degree to which emissions reduce the transmission of light or obscure the view of an object in the background.

Open-top vapor degreaser - any batch loaded, boiling solvent degreaser.

Organic solvents - volatile organic compounds that are liquids at standard conditions, and that are used as dissolvers, viscosity reducers, or cleaning agents.

Oxides of nitrogen - in air pollution usage, this comprises nitric oxide and nitrogen dioxide, expressed as the molecular weight of nitrogen dioxide.

Oxygenate - any oxygen-containing compound approved for use in gasoline by the U.S. Environmental Protection Agency, including oxygen-containing compounds that comply with the U.S. Environmental Protection Agency's "substantially similar" definition under § 211(f)(1) of the federal Clean Air Act, or that have received a waiver from the U.S. Environmental Protection Agency under § 211(f)(4) of the federal Clean Air Act.

Oxygenated gasoline - gasoline that contains one or more oxygenates.

Oxygenated gasoline control area - the District of Columbia portion of the Washington, D.C. - Maryland - Virginia Metropolitan Statistical Area.

Oxygenated gasoline control period - the four (4) month period that begins on November 1st of each year and continues through the last day of February of the following year.

Ozone season - the period from May 1 through September 30 of a year.

Particulate matter - any finely divided material, with the exception of uncombined water that, under standard conditions, exists as a liquid or solid; except that when a test procedure for particulate matter, specified elsewhere in the air quality regulations, is applicable, particulate matter shall be defined by the specified test procedure.

Particulate Matter 2.5 (PM2.5) - finely divided solid or liquid material, including condensable particulate, other than uncombined water, with an aerodynamic diameter less than or equal to a nominal two and a half micrometers (2.5 µm), emitted to the ambient air. When used in the context of ambient concentration, means particles with an aerodynamic diameter less than or equal to a nominal two and a half micrometers (2.5 µm) as measured by a reference method based on 40 C.F.R. part 50, appendix L, or an equivalent method designated in accordance with 40 C.F.R. part 53.

Particulate Matter 10 (PM10) - particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers (10 µm).

Peak ozone season - the consecutive three (3) month period from June 1st through August 31st.

Percentage annual throughput - the weighted percent of yearly activity for the following consecutive three (3) month periods:

(a) December through February;
(b) March through May;
(c) June through August; and
(d) September through November.

Perceptible leaks - any petroleum solvent vapor or liquid leaks that are conspicuous from visual observation; such as pools or droplets of liquid, or buckets or barrels of solvent or solvent-laden waste standing open to the atmosphere.

Person - includes individuals, firms, partnerships, companies, corporations, trusts, associations, organizations, and any other private or governmental entities, including federal and District government entities.

Petroleum liquids - crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.

Petroleum refinery complex - any facility engaged in producing, conveying, or distributing gasoline, aromatics, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt gas, or other products through distillation of petroleum or through redistillation, cracking, rearrangement, or reforming of petroleum derivatives.

Petroleum solvent - organic material produced by petroleum distillation that exists as a liquid under standard conditions.

Plant - the total facilities available for production or service.

Point - a physical emission point or process within a plant that results in pollutant emissions.

Potential to emit - the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is enforceable as a practical matter. Secondary emissions do not count in determining the potential to emit of a stationary source.

Process - any action, operation, or treatment of materials, including handling and storage of the materials that may cause the discharge of an air pollutant or pollutants, into the atmosphere, excluding fuel burning and refuse burning.

Process rate - quantity per unit time of any fuel burned, raw material or process intermediate consumed, or product generated through the use of any equipment, source operation, or process.

Process weight - the total weight in pounds of all materials introduced into any specific process.

Process weight per hour - the process weight divided by the number of hours in one (1) complete operation, excluding any time during which equipment is idle.

Project - a physical change in, or change in the method of operation of, an existing major stationary source.

Refiner - any person who owns, leases, operates, controls, or supervises a refinery.

Refinery - any facility, including a blending plant that produces gasoline.

Refinery operator - a refinery operator of an affected facility or the owner of a petroleum refinery complex where the affected facility is located.

Refinery unit - a set of components that are a part of a basic process operation such as distillation, hydrotreating, cracking, or reforming of hydrocarbons.

Reid Vapor Pressure - the vapor pressure of a liquid at a temperature of 100 °F (37.8 °C), expressed in pounds force per square inch absolute or kilopascals, as determined by the Reid Method as described in the ASTM International Standard D 323, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)."

Retailer - any person who owns, leases, operates, controls, or supervises a retail outlet.

Retail outlet - any establishment at which motor fuel is sold or offered for sale to the general public for use in motor vehicles.

Ringelmann smoke chart - the chart published and described in the United States Bureau of Mines Information Circular 8333.

Routing - the act of cutting away with a tool, to etch, or to scoop out, as with a gouge.

Secondary emissions - emissions that occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification that causes the secondary emissions. Secondary emissions include emissions from any offsite support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emission that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

Segment - components of an emissions point or process at the level that emissions are calculated.

Shutdown - the cessation of operation of a stationary or other source for any purpose; except, that for oil-fired fuel-burning equipment, shutdown shall be the period starting with the continuous action of turning down or pulling out burners for the sole purpose of shutting-down the equipment and ending with the time when all burners have been turned off or pulled out.

Significant-

(a) In reference to a net emission increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant

Emissions Rate

Asbestos

0.007 tpy

Beryllium

0.0004 tpy

Carbon Monoxide

100 tpy

(tons per year)

Florides

3 tpy

Hydrogen Sulfide

10 tpy (H2S)

Lead

0.6 tpy

Mercury

0.1 tpy

Nitrogen Oxides

40 tpy

Ozone

40 tpy

of volatile organic compounds

Particulate Matter

25 tpy

Reduced Sulfur Compounds

10 tpy

(including H2S)

Sulfuric Acid Mist

7 tpy

Sulfur Dioxide

40 tpy

Total Reduced

10 tpy

sulfur (including H2S)

Vinyl Chloride

1 tpy

(b) In reference to a net emissions increase or the potential of a source to emit a pollutant subject to regulation under the Federal Clean Air Act that paragraph (a) of this definitions does not list, any emissions rate; and
(c) Notwithstanding paragraph (a) of this definition, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within six and twenty-one hundredths (6.21) miles ten (10) kilometers) of any Class I area, and have an impact on the area equal to or greater than one (1) ug/m3 (24-hour average).

Site - means one specific address, including unit number in a multi-unit building.

Smoke - small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ashes, or other combustible material.

Solid waste - a refuse, more than fifty percent (50%) of which is waste consisting of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles, and noncombustible materials such as glass and rock.

Solvent recovery dryer - a class of dry cleaning dryers that employs a condenser to liquify and recover solvent vapors evaporated in a closed-loop, recirculating stream of heated air.

Source - any property, real or personal, that emits or may emit any air pollutant. For purposes of sources affecting non-attainment areas and permits for the sources under § 204 of the air quality regulations, the term includes both plants and each individual piece of process equipment.

Stack - any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

Stack in existence - that the owner or operator had begun, or caused to begin, a continuous program of physical on-site construction of the stack or entered into binding agreements or contractual obligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.

Standard conditions - a dry gas temperature of seventy degrees Fahrenheit (70° F.) and a gas pressure of fourteen and seven tenths (14.7) pounds per square inch absolute (psia).

Standard industrial classification code - a series of codes devised by the U.S. Office of Management and Budget to classify establishments according to the type of economic activity in which they are engaged.

Start-up - the setting in operation of a stationary or other source for any purpose; except that for fuel-burning equipment that generates steam, start-up shall mean a period from initial fire to the time steam can be delivered in usable form to steam- using equipment.

State Implementation Plan or SIP - a plan approved or promulgated under Sections 110 or 172 of the Clean Air Act, 42 USC §§ 7410 or 7502.

Stationary combustion turbine - all equipment, including but not limited to the turbine, the fuel, air, lubrication and exhaust gas systems, control systems (except emissions control equipment), heat recovery system, and any ancillary components and sub-components comprising any simple cycle stationary combustion turbine, any regenerative/recuperative cycle stationary combustion turbine, any combined cycle combustion turbine, and any combined heat and power combustion turbine based system. Stationary means that the combustion turbine is not self-propelled or intended to be propelled while performing its function. It may, however, be mounted on a vehicle for portability.

Stationary engine - any compression or spark ignition internal combustion engine which converts heat energy into mechanical work and is not a nonroad engine as defined in 40 CFR § 1068.30.

Stationary source - a building, structure, facility, installation, or group of buildings, structures, facilities, or installations that emits or may emit any air pollutant subject to regulation under the federal Clean Air Act or the air quality regulations.

Submerged fill pipe - any fill pipe, the discharge opening of which is entirely submerged when the liquid level is six inches (6 in.) above the bottom of the tank. This term shall also include, when applied to a tank which is loaded from the side, a fill pipe adequately covered at all times during normal working of the tank.

Submit - to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

(a) In person;
(b) By United States Postal Service first-class mail with the official postmark or, if submittal is by the Director, by any other mail service of the United States Postal Service; or
(c) By other means with an equivalent time and date mark used in the course of business to indicate the date of dispatch or transmission and a record of prompt delivery. Compliance with any "submission", "service", or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

Substrate - the base material that is coated or printed.

Terminal - a gasoline storage and distribution facility with an average daily throughput greater than forty thousand (40,000) gallons of gasoline.

Typical ozone season day - a day typical of that period of the year during the peak ozone season.

Vacuum still - a device that distills solvent by depositing it in a heated, partially evacuated vessel in which evaporated (boiled) solvent and water vapors are successively pumped through a condenser to liquify the solvent and water vapors, a gravimetric separator separates solvent from wastewater, and a rag filter removes final traces of water before reuse.

Valves not externally regulated - valves that have no external controls, such as in-line check valves.

Vapor-mounted seal - a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.

Vapor-tight - no gas or vapor leakage is detectable using leak detection procedures specified in Appendix B of "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection System," published by EPA, December 1978, publication numbers EPA-450/2-78-051 and OAQPS No. 1.2-119.

Volatile organic compound (VOC) - a volatile organic compound as that term is defined by the United States Environmental Protection Agency at 40 CFR § 51.100(s), as supplemented or amended, which is incorporated by reference herein. In addition to test methods specified elsewhere in this title, the most recent version of ASTM Method D6886 shall be considered an appropriate method for determining compliance with VOC emission limits, within the scope of the method.

Waxy, heavy pour crude oil - a crude oil with a pour point of fifty (500 F.) degrees Fahrenheit or higher as determined by the American Society for Testing and Materials Standard D97-66, "Test for Pour Point of Petroleum Oils."

Wholesale purchaser-consumer - any ultimate consumer of gasoline who purchases or obtains gasoline from a supplier for use in motor vehicles and receives delivery of that product into a storage tank, substantially under the control of that person, of at least five hundred fifty (550) gallon capacity.

Wiping solution - the liquid cleanser used to assist in removing ink from cylinder(s) wipe process.

199.2

When used in the air quality regulations, the following abbreviations shall have the meaning ascribed:

ASTM

ASTM International

BTU

British thermal unit

°C

Degree Celsius

cal.

Calorie(s)

cfm

Cubic feet per minute

CO

Carbon Monoxide

CFR

Code of Federal Regulations

COH3

Coefficient of haze

CPI

Consumer Price Index

EPA

United States Environmental Protection Agency

°F

Degree Fahrenheit

ft

Foot (Feet)

g.

Gram(s)

GEP

Good Engineering Practice

Hg

Mercury

Hi-Vol

High Volume Samplers

H2O

Water

hr

Hour(s)

H2S

Hydrogen Sulfide

In.

Inch

In. H2O

Inches of water

LAER

Lowest Achievable Emission Rate

Lb

Pound

max.

Maximum

mm

Millimeter

mm Btu

Million Btu

mm HG

Millimeters of mercury

mol

Mole

MWe

Megawatt electrical

NESHAP

National Emission Standard(s) for Hazardous Air Pollutants

NOx

Nitrogen Oxides, or Oxides of Nitrogen

NO2

Nitrogen Dioxide

No.

Number

NSPS

New Source Performance Standard

O2

Oxygen

PM

Particulate Matter

PM10

Particulate Matter with an aerodynamic diameter less than 10 microns

PM2.5

Particulate Matter with an aerodynamic diameter less than 2.5 microns

ppm

Parts Per Million

ppmv

Parts Per Million by Volume

psia

Pounds per Square Inch Absolute Pressure

RACT

Reasonably Available Control Technology

SIC

Standard Industrial Classification

SIP

State Implementation Plan

SO2

Sulfur Dioxide

ton

Short ton unless otherwise specified

ug/m3

Microgram(s) per cubic meter

U.L.

Underwriters Laboratories (www.ul.com)

VOC

Volatile Organic Compound

[mu] m

Micrometer-10 Meter

D.C. Mun. Regs. r. 20-199

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 199, 32 DCR 562, 572 (February 1, 1985); as amended by Final Rulemaking published at 36 DCR 2554 (April 14, 1989); by § 2 of the Gasoline Reid Vapor Pressure Requirements Act of 1990. D.C. Law 8-238, 38 DCR 331 (January 11, 1991); and by § 2 of the Air Pollution Control Act of 1984 National Ambient Au Quality Standards Attainment Amendment Act of 1993, D.C. Law 10-24, 40 DCR 5474 (July 30, 1993); as amended by Final Rulemaking published at 44 DCR 2793 (May 9, 1997); as amended by Final Rulemaking published at 45 DCR 20 (June 2, 1998); as amended by Final Rulemaking published at 45 DCR 7037-7039 (October 2, 1998); as amended by Final Rulemaking published at 47 DCR 8638 (October 27, 2000); as amended by Final Rulemaking published at 47 DCR 9686 (December 8, 2000); as amended by Final Rulemaking published at 51 DCR 3877 (April 16, 2004) [incorporating by reference the text of Proposed Rulemaking published at 51 DCR1437 (February 6, 2004)]; as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11287 (December 30, 2011); as amended by Final Rulemaking published at 59 DCR 13044 (November 16, 2012); Amended by Final Rulemaking published at 62 DCR 5685 (5/8/2015); amended by Final Rulemaking published at 62 DCR 14839 (11/13/2015); amended by Final Rulemaking published at 65 DCR 13498 (12/14/2018); Amended by Final Rulemaking published at 67 DCR 6758 (6/5/2020); amended by Final Rulemaking published at 68 DCR 12426 (11/26/2021)
Authority: Sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official Code §§ 8-101.05 and 8-101.06(b) (2008 Repl.)); Section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4) (2008 Repl.)); Mayor's Order 98-44, dated April 10, 1998; and Mayor's Order 2006-61, dated June 14, 2006.