D.C. Mun. Regs. tit. 20, r. 20-606

Current through Register 71, No. 45, November 7, 2024
Rule 20-606 - VISIBLE EMISSIONS
606.1

Except as otherwise provided in Subsections 606.3 and 606.6, visible emissions from stationary sources and nonroad engines shall not:

(a) For stationary sources:
(1) Exceed a five percent (5%) variability factor, above or below zero percent (0%), from stationary equipment placed in initial operation on or after January 1, 1977, with an installed Continuous Opacity Monitoring System (COMS);
(2) Be emitted into the outdoor atmosphere from any stationary equipment placed in initial operation on or after January 1, 1977, without an installed COMS; and
(3) At any time exhibit opacity more than ten percent (10%) (unaveraged) from any stationary equipment placed in initial operation before January 1, 1977;
(b) For nonroad compression ignition engines Tier 1 and greater, exceed the opacity standards outlined in 40 C.F.R. § 1039.105; and
(c) For locomotive engines, exceed the opacity standards outlined in § 40 CFR 1033.101(c) for the specific engine tier.
606.2

Discharges shall be permitted for two (2) minutes during any startup, cleaning, adjustment of combustion or operational controls, or regeneration of emission control equipment; provided, that such discharges shall not exceed the following opacities (unaveraged) for each of the following stationary sources:

(a) Fuel-burning equipment:
(1) When burning exclusively natural gas, twenty percent (20%); and
(2) When burning fuel oil or a combination of fuel oil and natural gas, twenty-seven percent (27%);
(3) In all other cases, including when burning coal, twenty-seven percent (27%);
(b) Combustion turbines, twenty percent (20%);
(c) Asphaltic concrete production equipment, twenty percent (20%);
(d) Stationary engines, twenty-seven percent (27%);
(e) Cooking equipment, twenty percent (20%); and
(f) All sources not specified, twenty-seven percent (27%).
606.3

As an exception to § 606.1(a)(2), the owner or operator of a stationary source may produce visible emissions not to exceed ten percent (10%) opacity if the owner or operator can demonstrate that the source meets the following criteria:

(a) The source meets all applicable particulate matter standards at the increased visible emissions limit;
(b) Visible emissions at the increased visible emissions limit are not an indication of improper operation of the equipment;
(c) The particulate emissions at the increased visible emissions limit will not create a violation of any National Ambient Air Quality Standard;
(d) The source cannot modify operations or install control equipment to meet a lower opacity standard without incurring unreasonable expense; and
(e) The source has had this limit approved in a permit pursuant to Chapter 2, and when applicable Chapter 3, of this title.
606.4

Owners and operators of stationary sources and regulated nonroad engines shall:

(a) Maintain and operate the equipment, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions, including during startup, shutdown, and malfunction;
(b) Maintain the equipment in accordance with one of the following:
(1) The manufacturer's emission-related written instructions; or
(2) Unless preempted by specific federal regulation, an alternate written maintenance plan approved in writing by the Department; and
(c) Ensure that persons participating in the maintenance and operation of equipment are adequately trained and supervised to meet the requirements of Section 606.4 (a) and (b).
606.5

Owners and operators of stationary sources and regulated nonroad engines shall:

(a) Maintain signed or electronically verified logs of the date, time, and duration of any equipment manual startup, manual shutdown, cleaning, combustion control adjustment, emission control regeneration, and malfunction;
(b) For any malfunction, investigate the cause of the malfunction and maintain records of the investigatory activities and conclusions of such investigation;
(c) Maintain signed or electronically verified logs of the date and description of any maintenance performed on any installed COMS; and
(d) Retain all records required pursuant to § 606.5(a) through (c) in accordance with § 500.8, unless a longer retention period is required pursuant to another applicable regulation.
606.6

The provisions of this section shall not apply to visible emissions:

(a) When the presence of uncombined water is the only reason for failure of a visible emission to meet the requirement;
(b) From interior fireplaces;
(c) When steam is used to blow oil from a burner as the last phase of shutting down the burner; and
(d) From nonroad engines not subject to 40 C.F.R. § 1039.105 or 40 C.F.R. § 40 CFR 1033.101(c).

D.C. Mun. Regs. tit. 20, r. 20-606

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §606, 32 DCR 565, 612 (February 1, 1985); as amended by Final Rulemaking published at 59 DCR 12890 (November 9, 2012); amended by Final Rulemaking published at 70 DCR 10958 (8/11/2023)
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; 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; Mayor's Order 2006-61, dated June 14, 2006.