DC's Air Fees Get EPA's Boring Cleanup Nod
Published Date: 1/8/2026
Proposed Rule
Summary
The EPA is proposing to approve updates to Washington, DC’s air pollution permit program fees to keep it running smoothly and well-funded. They also tidied up some rules without changing their meaning. If you’re a business in DC that needs these permits, watch out for the comment deadline on February 9, 2026—this could affect your fees soon!
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
EPA proposes approval of DC fee update
If you operate a facility in Washington, DC that needs a Clean Air Act title V (major source) permit, the EPA is proposing to approve DC's May 30, 2024 update to its title V fee program so the program stays funded. The EPA is taking comments on this proposal through February 9, 2026, before deciding whether to finalize approval.
New $5,000 application fee for some sources
If your DC source accepts federally enforceable emission limits under sections 200.6 or 300.3(c), you must pay a permit application fee of $5,000 for original and renewal applications under 20 DCMR Chapter 3 section 305.5. This $5,000 requirement applies to owners or operators who accept those enforceable limits.
Annual fees tied to emissions and CPI increases
DOEE's revised Chapter 3 sets annual title V fees based on total tons of actual emissions of each regulated pollutant (see sections 305.2 and 305.3) and requires DOEE to use the Consumer Price Index for annual fee increases (section 305.6). If you hold a title V permit in DC, your annual fee will be calculated by emissions and may rise yearly with the CPI.
Risk of federal takeover if fees fall short
The EPA says if DOEE cannot collect sufficient fees to run the title V program, the EPA could find the District failed to adequately administer the program and withdraw approval. If that happens, the EPA could implement a Federal title V program under 40 CFR part 71 and mandatory or discretionary sanctions under 42 U.S.C. 7509(b).
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Key Dates
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