Notice of Public Comment Period on Air Quality Issues - Chapter 6 and 7 Revisions

The Department of Energy and Environment (“DOEE” or “the Department”) is holding a public comment period to provide interested parties an opportunity to comment on a proposed State Implementation Plan (“SIP”) revision that the District of Columbia (“the District”) is submitting to the United States Environmental Protection Agency (“EPA”).

The District submitted its I/M SIP to EPA in 1997. The Department is proposing to revise the SIP to reflect updates to the District's regulations under Chapters 6 and 7 of Title 18 of the District of Columbia Municipal Regulations (“DCMR”).

DOEE is proposing to submit 18 DCMR Chapter 6, §§ 600, 601.1 through 601.6, 602 through 604, 606, 607, 609, 617, and 618, as well as Chapter 7, §§ 701, 752, 754, and 756, to the EPA as a SIP revision. DOEE asserts there are no instances of regulatory backsliding in the amended regulations from the versions previously approved in the District’s SIP.

Since 1997, the Department of Motor Vehicles promulgated several amendments to 18 DCMR Chapters 6 and 7.1 DOEE is only taking comments on submitting the revised regulations to the EPA as a SIP revision. DOEE is not seeking comments on the content of the rulemaking itself. The Department is also submitting a certification required by the EPA in 40 CFR 51.372(a)(2) that responds to requirements set by the EPA to model Inspections and Maintenance (I/M) programs for areas that are required to implement I/M programs (“I/M performance standards”). Since the District is in moderate attainment for Ozone, it followed the basic I/M program design elements found in 40 CFR 51.352(e). The purpose of these standards is to provide an indicator by which the EPA can evaluate the adequacy and efficacy of each state’s I/M program. States are then required to demonstrate the ability of their I/M program to achieve applicable area-wide emission levels for the pollutants of interest that are equal to, or lower than, those that would be realized by the implementation of the model program. DOEE finds that its current I/M program meets the requirements of a basic I/M program as required for a moderate ozone nonattainment area and that the updated regulations it is submitting as an amendment to its SIP do not constitute backsliding.

The Department seeks public comments on the District’s proposed SIP Revision. Copies of the proposed SIP revision are available for public review in the attachments section below.

Interested parties wishing to provide comment must submit their name, address, telephone number, and affiliation (if any) to the DOEE Air Quality Division by 4:00 pm on May 27, 2024, by email to Mr. Joseph Jakuta at [email protected] or at the following address:

DOEE Air Quality Division ATTN:
Joseph Jakuta: 18 DCMR Chapters 6 & 7 SIP Revision
1200 First Street NE, Fifth Floor Washington, DC 20002

Interested parties may also request a public hearing to the same DOEE address or the same email by 4:00 pm on May 27, 2024. No comments nor requests for a public hearing will be accepted after 4:00 pm on May 27, 2024.

All questions may be directed to Mr. Joseph Jakuta at [email protected] or by phone at 202-669-5817.