District of Columbia Administrative Code

6704 FINANCIAL TEST OF SELF-INSURANCE: TEST A 6704.1 To meet financial Test A, the owner, guarantor, or both shall have a tangible net worth of at least ten (10) times the sum of the following: (a) The total of the applicable aggregate amount required by § 6700, based on the numb…

6705 FINANCIAL TEST OF SELF-INSURANCE: TEST B 6705.1 To meet financial Test B, the owner or a guarantor shall meet the federal financial test requirements set forth in 40 CFR § 264.147(f)(1), substituting the appropriate amount specified in §§ 6700.12(a) or (b) for the "amount of…

6706 GUARANTEES 6706.1 An owner may satisfy the requirements of § 6700 by obtaining a guarantee that conforms to the requirements of this section. 6706.2 The guarantor shall be a firm that: (a) Has a controlling interest in the owner; (b) Has a controlling interest in a firm that…

6707 INSURANCE AND RISK RETENTION GROUP COVERAGE 6707.1 An owner may satisfy the requirements of § 6700 by obtaining liability insurance that meets the requirements of this section from a qualified insurer or risk retention group. 6707.2 The liability insurance required under thi…

6708 SURETY BONDS 6708.1 An owner may satisfy the requirements of § 6700 by obtaining a surety or performance bond that conforms to the requirements of this section. 6708.2 The surety company issuing the bond shall be among those listed as acceptable sureties on federal bonds in …

6709 LETTER OF CREDIT 6709.1 An owner may satisfy the requirements of § 6700 by obtaining an irrevocable standby letter of credit that meets the requirements of this section. 6709.2 The issuing institution shall be an entity that has the authority to issue letters of credit in th…

6710 PRIVATE TRUST FUNDS 6710.1 An owner may satisfy the requirements of § 6700 by establishing a private trust fund that conforms to the requirements of this section. 6710.2 The trustee shall be an entity that has the authority to act as a trustee and whose trust operations are …

6711 STANDBY TRUST FUNDS 6711.1 An owner using any of the mechanisms authorized under §§ 6706, 6708, or 6709 shall establish a standby trust fund when the mechanism is acquired. 6711.2 The trustee of a standby trust fund shall be an entity that has the authority to act as a trust…

6712 DRAWING ON FINANCIAL ASSURANCE MECHANISM 6712.1 A guarantor, surety, or issuer of a letter of credit shall place the amount of funds specified by the Department, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if both of the fol…

6713 REPLENISHMENT OF GUARANTEES, LETTERS OF CREDIT, OR SURETY BONDS 6713.1 If at any time after a standby trust is funded with funds drawn from a guarantee, letter of credit, or surety bond, and the amount in the standby trust is reduced below the full amount of coverage require…

6714 CANCELLATION OR NON-RENEWAL OF FINANCIAL ASSURANCE 6714.1 Except as otherwise provided in this chapter, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail, return receipt requested, to the…

6715 BANKRUPTCY OR INCAPACITY 6715.1 Within ten (10) days after commencement of a voluntary or involuntary proceeding under Title 11 of the United States Code (Bankruptcy) naming an owner as debtor, the owner shall, in accordance with § 5500.4, notify the Department by certified …

700 MISCELLANEOUS VOLATILE ORGANIC COMPOUNDS (VOCs) 700.1 Unless otherwise specified, sources subject to subsequent sections of this chapter shall not be subject to § 700. 700.2 No person shall discharge into the atmosphere more than fifteen (15) pounds of volatile organic compou…

701 STORAGE OF PETROLEUM PRODUCTS 701.1 A person shall not place, store or hold in any stationary tank, reservoir or other container with a capacity of more than forty thousand (40,000) gallons any gasoline or any petroleum distillate having a vapor pressure of one and one-half p…

702 CONTROL OF VOLATILE ORGANIC COMPOUND LEAKS FROM PETROLEUM REFINERY EQUIPMENT 702.1 The owner or operator of a petroleum refinery complex subject to this section shall do the following: (a) Develop a monitoring program consistent with the provisions in § 702.5(a); (b) Conduct …

703 TERMINAL VAPOR RECOVERY - GASOLINE OR VOLATILE ORGANIC COMPOUND 703.1 The loading of volatile organic compounds or gasoline into any tank truck, trailer, or railroad tank car from any loading facility shall be prohibited unless the loading facility is equipped with a vapor co…

704 STAGE I VAPOR RECOVERY 704.1 The transfer of volatile organic compounds or gasoline from any delivery vessel into any stationary storage container with a capacity greater than two hundred fifty (250) gallons shall occur only if the container is equipped with a submerged fill …

705 STAGE II VAPOR RECOVERY 705.1 For purposes of this section, “owner or operator” means any person who owns, leases, operates, manages, supervises, or controls, directly or indirectly, a gasoline dispensing facility. 705.2 An owner or operator may, on or after January 1, 2022, …

706 PETROLEUM DRY CLEANERS 706.1 Section 706 shall apply to petroleum solvent washers, dryers, solvent filters, settling tanks, vacuum stills, and other containers and conveyors of petroleum solvent that are used in petroleum solvent dry cleaning facilities. 706.2 Each owner or o…

708 NONPHOTOCHEMICALLY REACTIVE SOLVENTS 708.1 Unless otherwise specified, sources subject to subsequent sections of this chapter shall not be subject to § 708. 708.2 No person shall discharge into the atmosphere more than forty pounds (40 lb.) of nonphotochemically reactive solv…

709 ASPHALT OPERATIONS 709.1 Except for purposes of roofing, the manufacture, mixing, storage, use, or application of cutback asphalt during the months of April, May, June, July, August, and September shall be prohibited; except, that in specific circumstances, when it is shown t…

710 INTAGLIO, FLEXOGRAPHIC, AND ROTOGRAVURE PRINTING is amended to read as follows: 710.1 Except as provided in § 710.2, it shall be prohibited to operate: (a) Any intaglio printing unit or perform any intaglio printing operation, except in compliance with the requirements of thi…

711 PUMPS AND COMPRESSORS 711.1 Any pump and compressor handling volatile organic compounds shall have mechanical seals or other equivalent equipment approved by the Mayor. SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 711, 32 …

712 WASTE GAS DISPOSAL FROM ETHYLENE PRODUCING PLANT 712.1 The emission of a waste gas steam from an ethylene producing plant, or source utilizing ethylene as a raw material, into the atmosphere in excess of twenty (20) pounds per twenty-four (24) hour period shall be prohibited,…

713 WASTE GAS DISPOSAL FROM VAPOR BLOW-DOWN SYSTEM 713.1 The emission of hydrocarbon gases into the atmosphere from a vapor blow-down system is prohibited unless these gases are burned by smokeless flares, or an equally effective control device approved by the Mayor. This section…

714 CONTROL TECHNIQUES GUIDELINES (CTGs) 714.1 Any person who owns, operates, or leases any combination of articles, machines, units, equipment, or other contrivances at a facility whose actual VOC emissions before control devices from all units within any one (1) Control Techniq…

715 MAJOR SOURCE AND CASE-BY-CASE REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) Calculation of source emissions of VOCs to determine applicability of a regulation of this section shall be based on the following: (a) The theoretical potential to emit (design capacity or maximum p…

716 OFFSET LITHOGRAPHY AND LETTERPRESS PRINTING 716.1 Any person who owns, operates, or leases: (a) An offset lithography printing operation that is part of any stationary source which emits, or has ever had the theoretical potential to emit, twenty-five (25) or more tons per yea…

717 SOIL AND GROUNDWATER REMEDIATION 717.1 Any soil and groundwater remediation system is prohibited unless it operates in compliance with the requirements of this section. 717.2 For proposed soil and groundwater remediation systems or for any person who operates such a system, i…

718 MOTOR VEHICLE AND MOBILE EQUIPMENT NON-ASSEMBLY LINE COATING OPERATIONS 718.1 This section applies to any person or automotive refinishing facility that sells, supplies, offers for sale, distributes, manufactures, blends, or repackages for sale an automotive coating or associ…

719 CONSUMER PRODUCTS - GENERAL REQUIREMENTS 719.1 Sections 719 through 737 apply to any person who sells, supplies, offers for sale, or manufactures consumer products on or after the effective date specified in § 720 for use in the District of Columbia. 719.2 For purposes of §§ …

720 CONSUMER PRODUCTS - VOC STANDARDS 720.1 Except as provided in §§ 721, 735, 736 and 737, no person shall sell, supply, offer for sale, or manufacture for sale in the District of Columbia any consumer product, manufactured on or after the effective date in the following Table o…

721 CONSUMER PRODUCTS - EXEMPTIONS FROM VOC STANDARDS 721.1 The following are exempt from the Table of Standards in § 720.1: (a) Any consumer product manufactured in the District of Columbia for shipment and use outside of the District of Columbia; (b) A consumer product that doe…

722 CONSUMER PRODUCTS - REGISTERED UNDER FIFRA 722.1 For consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. § 136‑136y), the effective date of the VOC standards is one (1) year after the date specified in § 720. SOURCE: Fi…

723 CONSUMER PRODUCTS - PRODUCTS REQUIRING DILUTION 723.1 Consumer products wherein the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent before use shall comply with the following: (a) Limits specifi…

724 CONSUMER PRODUCTS - OZONE DEPLETING COMPOUNDS 724.1 For any consumer product for which standards are specified under the Table of Standards in § 720.1, no person shall sell, supply, offer for sale, or manufacture for sale in the District of Columbia any consumer product, whic…

725 CONSUMER PRODUCTS - AEROSOL ADHESIVES 725.1 The standards for aerosol adhesives specified in the Table of Standards in § 720.1 apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. 725.2 Except as otherwise provided in §§ 721, 736, and 7…

726 CONSUMER PRODUCTS - ANTIPERSPIRANTS OR DEODORANTS 726.1 No person shall sell, supply, offer for sale, or manufacture for sale in the District of Columbia any antiperspirant or deodorant which contains any compound that has been identified by CARB in Title 17, California Code …

727 CONSUMER PRODUCTS – CONTACT ADHESIVES, ELECTRONIC CLEANERS, FOOTWEAR AND LEATHER CARE PRODUCTS, AND GENERAL PURPOSE DEGREASERS 727.1 Except as provided in sections § 727.2 and 727.4, effective January 1, 2012, no person shall sell, supply, offer for sale, or manufacture for u…

728 CONSUMER PRODUCTS – ADHESIVE REMOVERS, ELECTRICAL CLEANERS, AND GRAFFITI REMOVERS 728.1 Except as provided in § 728.2 and 728.4, effective January 1, 2012, no person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any adhesive remover, e…

729 CONSUMER PRODUCTS – SOLID AIR FRESHENERS AND TOILET / URINAL CARE PRODUCTS 729.1 Effective January 1, 2012, no person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any solid air fresheners or toilet/urinal care products that contain pa…

730 CONSUMER PRODUCTS – CHARCOAL LIGHTER MATERIALS 730.1 No person shall sell, supply, or offer for sale any charcoal lighter material product unless at the time of the transaction: (a) The manufacturer can demonstrate that it has been issued a currently effective certification b…

731 CONSUMER PRODUCTS – FLOOR WAX STRIPPERS 731.1 No person shall sell, supply, offer for sale, or manufacture for use in District of Columbia any floor wax stripper unless the following requirements are met: (a) The label of each non-aerosol floor wax stripper specifies a diluti…

732 CONSUMER PRODUCTS – LABELING OF CONTENTS 732.1 Each manufacturer of a consumer product subject to §§ 719 through 737 shall clearly display on each consumer product container or package, the day, month, and year on which the product was manufactured, or a code indicating such …

733 CONSUMER PRODUCTS – REPORTING REQUIREMENTS 733.1 Upon ninety (90) days written notice, the Department may require any responsible party to report information for any consumer product or products the Department may specify. Such report may include, but is not limited to, the f…

734 CONSUMER PRODUCTS – TEST METHODS 734.1 Testing to determine compliance with the requirements of §§ 720 through 737 shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOCs) in Consumer Products, adopted September 25, 1997, and as last amende…

735 CONSUMER PRODUCTS – ALTERNATIVE CONTROL PLANS 735.1 This section provides an alternate method to comply with the Table of Standards specified in § 720.1. This alternative is provided by allowing responsible parties the option of voluntarily entering into separate Alternative …

736 CONSUMER PRODUCTS – INNOVATIVE PRODUCTS EXEMPTION 736.1 Any manufacturer claiming an exemption from the Table of Standards in § 720.1 based on a CARB Innovative Products exemption under the Innovative Products provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.…

737 CONSUMER PRODUCTS – VARIANCE REQUESTS 737.1 Any person who cannot comply with the requirements set forth in §§ 720 and 722 through 731 because of extraordinary reasons beyond the person's reasonable control may apply in writing to the Department for a variance according to th…