200 GENERAL PERMIT REQUIREMENTS

200.1 A permit from the Mayor 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 Mayor 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 Mayor 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 Mayor 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 three (3) years.200.5 Each owner or operator of a stationary source or device for which a permit is required shall timely file with the Mayor the appropriate application.200.6 Applications for permits shall be filed with the Mayor on the form or forms that the Mayor shall prescribe, and shall be accompanied by the data, information, and analyses necessary or desirable to enable the Mayor to determine whether the requested permit should be issued or denied.200.7 The Mayor may require, at any time, the submission of the data, information, and analyses that the Mayor may deem necessary or desirable, to allow the Mayor to determine whether a requested permit should be issued or denied, or an outstanding permit should be modified or revoked.200.8 Applications for construction and operating permits may incorporate by reference data, information, and analyses otherwise available or provided to the Mayor, provided that the reference is clear and specific.200.9 Each permit application shall be accompanied by a fee to be determined by the Mayor.200.10 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.

200.11 No permit shall be required for any fuel burning equipment which has a capacity of five million (5,000,000) or less B.T.U.s 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.

200.12 The Mayor 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.

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code § 1-227(a); and § 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, D.C. Code § 6-906 (1995 Repl. Vol.), Mayor's Order 93-12 dated February 16, 1993.

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).