200

200.1 A permit from the Department shall be obtained before any person shall cause, suffer, or allow the construction of a new stationary source, or the modification of an existing stationary source, or the installation or modification of any air pollution control device on a stationary source.

200.2 An operating permit shall be obtained from the Department before any person shall cause, suffer, or allow the operation of the following:

(a) Any major stationary source, for which a construction or modification permit is required under § 200.1; or

(b) Any source for which a construction or modification permit is required under § 200.1, and which construction or modification permit was subject to conditions which affect, or would affect, the operation of the source.

200.3 The Department may allow the temporary operation of a source for a period no longer than one (1) month. This period may be extended month to month, to enable the initial evaluation of the operation of a source or device granted a permit under § 200.1, or to enable the continued operation of a source for which an application for an operating permit under § 200.2 has been filed, but due to delays attributable to the Department the permit has not been issued. Any temporary operation of a source shall be in accordance with the requirements of this chapter.

200.4 Construction and operating permits, shall be valid for the period specified in the permit, but not to exceed five (5) years.

200.5 Each owner or operator of a stationary source or device for which a permit is required shall timely file with the Department the appropriate application, including applications for renewal of any construction or operating permit, if construction activities or operations are to continue beyond the expiration date of an existing permit.

200.6 The Department may, after its review, review by EPA and affected states (as defined in 20 DCMR § 399), and after notice and opportunity for public comment and hearing as required by § 210, establish a source category permit covering a group of similar sources or emission units according to (a) through (h) of this subsection:

(a) Any source category permit shall comply with all requirements applicable to the source pursuant to the air quality regulations this title;

(b) During establishment of any source category permit, the Department shall establish criteria by which sources may qualify for the source category

permit;

1. (c) The Department shall maintain records of the public comments and issues raised during the public participation process;
2. (d) A source category permit does not substitute for a permit required under chapter 3 of this title;
3. (e) A response to each source category permit application may not be provided, rather the source category permit may specify a reasonable period of time after which an application is deemed approved and the applicant may construct and operate under the source category permit;
4. (f) The applicant for a source category permit may be issued an individual permit or letter or other document indicating that the application has been approved or denied;
5. (g) If the Department provides an individual response, as provided in paragraph (f), the permittee shall retain the response and make it available on request to authorized officials of the Department; and
6. (h) Any established source category permit is subject to the expiration and renewal conditions found in § 200.4 and 200.5 and may be revised by following the same process as is used for original establishment of the permit.

200.7 Applications for permits shall be filed with the Department on the form or forms that the Department shall prescribe and shall be accompanied by the data, information, and analyses necessary or desirable to enable the Department to determine whether the requested permit should be issued or denied.

200.8 The Department may require, at any time, the submission of the data, information, and analyses that the Department may deem necessary or desirable, to allow the Department to determine whether a requested permit should be issued or denied, or an outstanding permit should be modified or revoked.

200.9 Applications for construction and operating permits may incorporate by reference data, information, and analyses otherwise available or provided to the Department, provided that the reference is clear and specific.

200.10 Each permit application shall be accompanied by a fee to be determined by the Department.

200.11 An application for a permit shall be signed in the following manner:

(a) If the applicant is a partnership, a general partner shall sign the application;

(b) If the applicant is a corporation, association, or cooperative, an officer shall sign the application;

(c) If the applicant is a sole proprietorship, the proprietor shall sign the application; and

(d) If the applicant is a government or governmental agency, department, or board, a senior executive of that government, agency, department, or board who has authority to sign shall sign the application.

200.12 No permit shall be required for any fuel burning equipment which has a capacity of five million British thermal units (5,000,000 Btus) or less per hour of heat input and which uses for fuel only gaseous fuels or distillate oils. This section shall not apply to sources subject to § 204.

200.13 The Department shall establish a schedule of fees for construction and operating permits. These fees shall be sufficient to cover the reasonable costs of reviewing and acting upon the application and the reasonable costs of implementing and enforcing the terms and conditions of the permit.

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 200, 32 DCR 565, 592 (February 1, 1985); as amended by Final Rulemaking published at 44 DCR 2794 (May 9, 1997); as amended by Final Rulemaking published at 59 DCR 13044 (November 16, 2012).