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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-2. AIR QUALITY - GENERAL AND NON-ATTAINMENT AREA PERMITS |
Section 20-208. PLANTWIDE APPLICABILITY LIMIT (PAL) PERMITS FOR MAJOR SOURCES
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208.1The Department may approve the use of a Plantwide Applicability Limit (PAL) for any existing major stationary source if the PAL meets the requirements in this section.
208.2The Department shall not approve the use of a PAL for VOC or NOx for any major stationary source in an extreme ozone nonattainment area.
208.3Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of this section, and complies with the PAL permit is not a major modification for the PAL pollutant and does not have to be approved through the nonattainment New Source Review program in § 204.
208.4Any major stationary source operating under a PAL permit shall continue to comply with all applicable federal, state or local requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL permit, excluding any enforceable emissions limitations that the source used to avoid applicability with the requirements of the District’s NSR program under § 204 and 206, except as modified through normal permit modification processes under chapter 2 or chapter 3 of this title.
208.5As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Department for approval:
(a)A list of all emissions units at the source designated as small, significant, or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit;
(b)Calculations of the PAL baseline emissions, with supporting documentation, for all emissions units at the source;
(c)The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total for each month as required by § 208.33; and
(d)Any other information requested by the Department.
208.6The Department may establish a PAL at a major stationary source, provided that at a minimum, the following requirements are met:
(a)The PAL shall impose an emission limitation that is federally enforceable and enforceable as a practical matter, for the entire major stationary source, with compliance to be determined as follows:
(1)For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months is less than the PAL (a twelve (12) month average, rolled monthly); and
(2)For each month during the first eleven (11) months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL;
(b)The PAL shall be established in a PAL permit that meets the public participation requirements in § 208.8;
(c)The PAL shall be set in accordance with the requirements of § 208.9;
(d)The PAL permit shall contain all the requirements in § 208.10;
(e)Each PAL shall regulate emissions of only one (1) pollutant;
(f)Each PAL shall have a term of no more than five (5) years; and
(g)The PAL permit shall contain monitoring, recordkeeping, and reporting conditions consistent with § 208.24 through 208.35.
208.7At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 C.F.R. § 51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.
208.8PALs for existing major stationary sources shall be established, renewed, or increased through a public participation procedure that is consistent with 40 C.F.R. §§ 51.160 and 51.161 and § 210, including the following:
(a)The Department shall provide the public with notice of the proposed approval of a PAL permit and at least a thirty (30) day period for submittal of public comment; and
(b)The Department shall address all material comments before taking final action on the permit.
208.9The initial PAL level for a major stationary source shall be established as follows:
(a)The initial PAL shall be the sum of:
(1)The significant level for the PAL pollutant as defined in § 299.1 or under the Clean Air Act, whichever is lower; and
(2)The PAL baseline emissions of the PAL pollutant for each emissions unit at the source at the time the application is submitted, except that PAL baseline emissions from any emissions unit that has been permanently shut down shall not be included in establishing the PAL;
(b)The Department shall establish a future effective PAL adjustment in the PAL permit to reflect a reduction (in tons per year) for any applicable federal or state regulatory requirement with a future compliance date; and
(c)For newly constructed units (which do not include modifications to existing units) on which actual construction began after the twenty-four (24) month period, in lieu of adding the baseline actual emissions as specified in paragraph (a), the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.
208.10The PAL must contain, at a minimum, the following information:
(a)The PAL pollutant and the applicable source-wide emission limitations in tons per year and their effective dates;
(b)The PAL permit effective date and the expiration date of the PAL;
(c)Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with § 208.16 through 208.18 before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period but it shall remain in effect until final action is taken by the Department on the application for renewal;
(d)A requirement that emission calculations for compliance purposes must include any noncompliant emissions in excess of any emissions limitations, emissions associated with startup and shutdown, fugitive emissions, to the extent quantifiable, and emissions associated with upsets or malfunctions;
(e)A requirement that, once the PAL expires, the major stationary source is subject to the requirements of § 208.15;
(f)The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total as required by § 208.33;
(g)A requirement that the major source owner or operator monitor all emissions units in accordance with the provisions under § 208.24 through 208.32;
(h)A requirement to retain the records required under § 208.33 and 208.34 on site (such records may be retained in an electronic format);
(i)A requirement to submit the reports required under § 208.35 by the required deadlines; and
(k)Any other requirements that the Department deems necessary to implement and enforce the PAL.
208.11The Department shall specify a PAL effective period of no more than five (5) years.
208.12During the PAL effective period, the Department must reopen the PAL permit to:
(a)Correct typographical or calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;
(b)Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets;
(c)Revise the PAL to reflect an increase in the PAL as provided under § 208.23;
(d)Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public; and
(e)Reduce the PAL to reflect newly applicable requirements (for example, NSPS) with compliance dates after the PAL effective date.
208.13The Department shall reopen a chapter 3 operating permit with a PAL for cause consistent with § 303.6 and 303.7 of this title.
208.14Except for the permit reopening for the correction of typographical or calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements in § 208.8.
208.15Any PAL that is not renewed in accordance with the procedures in § 208.16 shall expire at the end of the PAL effective period, and the following requirements shall apply:
(a)Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the following procedures:
(1)Within the time frame specified for PAL renewals in § 208.16, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Department) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL;
(2)If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under § 208.16, such distribution shall be made as if the PAL had been adjusted; and
(3)The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emission units, as the Department determines is appropriate;
(b) Each emissions unit(s) shall comply with the allowable emission limitation on a twelve (12) month rolling basis;
(c)The Department may approve the use of monitoring systems (source testing, and emission factors) other than continuous emissions monitoring system (CEMS), continuous emissions rate monitoring system (CERMS), predictive emissions monitoring system (PEMS) or continuous parameter monitoring system (CPMS) to demonstrate compliance with the allowable emission limitation;
(d)Until the Department issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under subparagraph (a)(3) of this subsection, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation;
(e)Any physical change or change in the method of operation at the major stationary source will be subject to major NSR requirements if such change meets the definition of major modification in § 199.1 of this title; and
(f)The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements (Lowest Achievable Emissions Rate (LAER), Best Achievable Control Technology (BACT), Reasonably Available Control Technology (RACT), and New Source Performance Standards (NSPS)) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that were established pursuant to § 208.4, but were eliminated by the PAL in accordance with the provisions in § 208.3.
208.16The Department shall follow the procedures specified in § 208.8 in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Department.
208.17A major stationary source owner or operator shall submit a timely application to the Department to request renewal of a PAL. A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the Department takes final action on the application for renewal.
208.18The application to renew a PAL permit shall contain the following information:
(a)The information required in § 208.5;
(b)A proposed PAL level;
(c)The sum of the potential to emit of all emissions units under the PAL (with supporting documentation);
(d)Any other information the owner or operator wishes the Department to consider in determining the appropriate level for renewing the PAL; and
(e)Additional information as requested by the Department to make a determination on the renewal request.
208.19If the emissions level calculated in accordance with § 208.9 is equal to or greater than eighty percent (80%) of the PAL level, the Department may renew the PAL at the same level without considering the factors set forth in § 208.20. However, in no case may any such adjustment fail to comply with § 208.21.
208.20The Department may set the PAL at a level that it deems to be more representative of the source’s PAL baseline emissions determined from the date of the renewal application, or that the Department determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other factors as specifically identified by the Department’s written rationale.
208.21Notwithstanding § 208.19 and 208.20 above:
(a) If the potential to emit of the major stationary source is less than the PAL, the Department shall adjust the PAL to a level no greater than the potential to emit of the source; and
(b) The Department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of § 208.23 (increasing a PAL).
208.22If the compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or the source’s Title V permit renewal, whichever occurs first.
208.23 The Department may increase a PAL emission limitation following the provisions below:
(a)The owner or operator of the major stationary source shall:
(1)Submit a complete application to request an increase in the PAL limit for a PAL major modification. The following requirements shall apply:
(A)Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL;
(B)As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the PAL baseline emissions of the small emissions units, plus the sum of the PAL baseline emissions of the significant and major emissions units assuming application of LAER, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL; and
(C)The level of control that would result from the application of LAER on each significant or major emissions unit shall be determined by conducting a new LAER analysis at the time the application is submitted, unless the emissions unit is currently obligated to comply with a LAER requirement that was established within the preceding five (5) years. In such a case, the assumed control level for that emissions unit shall be equal to level of LAER with which that emissions unit must currently comply;
(2)Obtain a major NSR permit for all emissions unit(s) identified in § 208.23(a)(1)(A) regardless of the magnitude of the emissions increase resulting from them (that is, no significance levels apply); and
(3)The emissions unit(s) in subparagraph (2) shall comply with any emissions requirements resulting from the major NSR process (for example, LAER or BACT), even though they have also become subject to the PAL or continue to be subject to the PAL;
(b)The PAL permit shall require that the increased PAL level be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant;
(c)The Department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the PAL baseline emissions of the significant and major emissions units, plus the sum of the PAL baseline emissions of the small emissions units; and
(d)The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of § 208.8.
208.24Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time;
(a)Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation;
(b)The information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit;
(c)The PAL monitoring system must employ one (1) or more of the four (4) general monitoring approaches meeting the minimum requirements set forth in § 208.25 through 208.32 and must be approved by the Department;
(d)Notwithstanding the paragraph above, the owner or operator may employ an alternative monitoring approach that meets the requirements of this section if approved by the Department; and
(e)Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid.
208.25The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in § 208.26 through 208.32:
(a)Mass balance calculations for activities using coatings or solvents and sulfur dioxide calculations for fuel burning sources;
(b)CEMS;
(c)CPMS or PEMS; or
(d)Emission factors.
208.26An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:
(a)Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;
(b)Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and
(c)Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Department determines there is site-specific data or a site-specific monitoring program to support another content within the range.
208.27An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:
(a)CEMS must comply with applicable Performance Specifications found in 40 C.F.R. part 60, appendix B; and
(b)CEMS must sample, analyze, and record data at least every fifteen (15) minutes while the emissions unit is operating.
208.28An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:
(a)The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operations of the emissions unit; and
(b)Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (15) minutes, or at another less frequent interval that the Department approves, while the emissions unit is operating.
208.29An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:
(a)All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors’ development;
(b)The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and
(c)If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six (6) months of PAL permit issuance unless the Department determines that testing is not required.
208.30A source owner or operator must record and report maximum potential to emit without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.
208.31Notwithstanding the requirements in § 208.26 through 208.30, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Department shall, at the time of permit issuance:
(a)Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or
(b)Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.
208.32All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the Department. Such testing must occur at least once every five (5) years after issuance of the PAL.
208.33The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of this section and of the PAL, including a determination of each emissions unit’s twelve (12) month rolling total emissions, for five (5) years from the date of such record.
208.34The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five (5) years:
(a)A copy of the PAL permit application and any applications for revisions to the PAL; and
(b)Each annual certification of compliance pursuant to chapter 3 of this title and the data relied on in certifying the compliance.
208.35The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Department in accordance with the applicable Title V operating permit program in chapter 3 of this title. The reports shall meet the following requirements:
(a)The semiannual report shall be submitted to the Department within thirty (30) days of the end of each reporting period. This report shall contain the following information:
(1)The identification of owner and operator and the permit number;
(2)Total annual emissions (tons per year) based on a twelve (12) month rolling total for each month in the reporting period recorded pursuant to § 208.33 and 208.34;
(3)All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions;
(4)A list of any emissions units modified or added to the major stationary source during the preceding six (6) month period;
(5)The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero (0) and span checks), and any corrective action taken;
(6)A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by § 208.30; and
(7)A signed statement by the responsible official (as defined by the applicable Title V operating permit program in chapter 3 of this title) certifying the truth, accuracy, and completeness of the information provided in the report;
(b)The major stationary source owner or operator shall promptly submit reports of any deviations or exceedances of the PAL requirements, including periods where no monitoring is available;
(c)The deviation reports required under paragraph (b) shall be submitted in accordance with § 302.1(c)(3)(C) of this title and shall contain the following information:
(1)The identification of owner and operator and the permit number;
(2)The PAL requirement that experienced the deviation or that was exceeded;
(3)Emissions resulting from the deviation or the exceedance; and
(4)A signed statement by the responsible official (as defined by the applicable Title V operating permit program in chapter 3 of this title) certifying the truth, accuracy, and completeness of the information provided in the report; and
(d)The owner or operator shall submit to the Department the results of any revalidation test or method within three (3) months after completion of such test or method.
208.36If any provision of this section, or the application of such provision to any person of circumstance, is held invalid, the remainder of this section, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.