204 PERMIT REQUIREMENTS FOR SOURCES AFFECTING NON-ATTAINMENT AREAS

204.1 This section applies to any new or modified major stationary source of any pollutant that significantly affects any non-attainment area for that pollutant whether or not the source is located in an attainment or non-attainment area. For purposes of this section:

(a) Any source of a pollutant located, or to be located, in a non-attainment area for that pollutant shall be deemed to significantly affect that non-attainment area;

(b) The term "non-attainment area" shall have the same meaning ascribed to that term in § 171(2) of the Federal Clean Air Act:

(c) The term "modified" or "modification" shall have the meaning ascribed to that term in § 199 of this Subtitle; except that for the purposes of this section, only those changes that increase the emission of any pollutant shall be considered as included within these terms.

(d) The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source unless the source belongs to one 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 250 tons 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 and fifty million (250,000,000) B.T.U.s 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 and fifty million (250,000,000) B.T.U.s per heat input; and

(27) any other stationary source categories which, as of August 7, 1980, are being regulated by a standard promulgated under § 111 and 112 of the Clean Air Act, 42 U.S.C. §§ 7411 and 7412.

204.2 A construction or operating permit shall not be issued to a source to which this section applies unless the conditions specified in §§ 204.3-204.11 are satisfied.

204.3 The emissions from the source shall not exceed that limit represented by the "lowest achievable emission rate" which means for any source, that rate of emissions which reflects the more stringent of the following:

(a) The most stringent emission limitation which is contained in the implementation plan of any State for the class or category of source, unless the owner or operator of the proposed source demonstrates that the limitations are not achievable;

(b) The most stringent emission limitation which is achieved in practice by the class or category of source; or

(c) The emissions allowable under 40 CFR Parts 60 and 61.

204.4 The applicant for a permit for the source will cause to have reduced, prior to the operation of the source, sufficient emissions from other existing stationary sources so that the emissions from the new or modified major stationary source in conjunction with the reduction of the emissions (below the level of emissions that would be permitted under this chapter) from the existing stationary sources, will result in decreased emissions of the pollutant in question, and will not adversely affect the air quality in any area not attaining the national ambient air quality standards. The ratio of total reductions of emissions of oxides of nitrogen from other existing sources to total increases of emission of oxides of nitrogen from the new or modified major stationary source shall be at least one and three tenths (1.3) to one (1.0). The ratio of total reductions of emissions of volatile organic compounds from other existing sources to increases of emissions of volatile organic compounds from the new or modified major stationary source shall be at least one and three tenths (1.3) to one (1.0).

204.5 For purpose of § 204.4, credit may be granted for the reduction of emissions from existing non-major-stationary sources only to the extent it has been shown that the reduced emissions have not been transferred, directly or indirectly, to some other source or place.

204.6 In lieu of compliance with § 204.4, the applicant for a permit may demonstrate that the emissions from the source will not be in excess of the levels permitted under §§ 172(c) (4) and 173(a) (1)(B) of the Clean Air Act, 42 U.S.C. §§ 7502(c) (4) and 7503(a) (1) (B).

204.7 All major stationary sources owned or operated in the District by the applicant (or by any entity controlling, controlled by, or under common control with the applicant) are in compliance with, or on binding agreement to comply with, all emission limitations and standards under this subtitle and under the Federal Clean Air Act.

204.8 In the case of a new or modified major stationary source subject to this chapter, the applicant must demonstrate through an analysis of alternative sites, sizes, production processes, and environmental control techniques for the proposed new or modified sources, that the benefits of the proposed new or; modified source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

204.9 The issuance of a permit shall meet the requirements set forth in § 173 of the Clean Air Act, 42 U.S.C. § 7503.

204.10 All offsetting emission reductions obtained in compliance with § 204.4 shall be made legally binding and enforceable directly against the offsetting source.

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 204, 32 DCR 565, 596 (February 1, 1985); as amended by § 2 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, D.C. Law 10-24, 40 DCR 5474, 5477 (July 30, 1993); as amended by Final Rulemaking published at 44 DCR 2794-2796 (May 9, 1997); as amended by Final Rulemaking published at 51 DCR 3877 (April 16, 2004) [incorporating by reference the text of Proposed Rulemaking published at 51 DCR 1438 (February 6, 2004)].