203.1The emission limitation for any pollutant required of any source shall not be affected by the following:
(a) Any source's stack height that exceeds GEP stack height, with GEP stack height meaning the greater of the following: (1) Sixty-five (65) meters (two hundred thirteen feet (213 ft.));(2) Hg = H + 1.5L, with the equation parameters described in the definition of "dispersion technique" in § 199.1 of this subtitle; or(3) The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from the stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features; or(b) Any other dispersion technique, except as provided in § 203.4.203.2For purposes of modeling to establish emission limitations, the lesser of the physical stack height and the following measurements shall be used:
(a) Sixty-five (65) meters (two hundred thirteen feet (213 ft.));(b) Hg = H + 1.5L, with the equation parameters described in the definition of "dispersion technique" in § 199.1 of this subtitle; or(c) The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from the stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.203.3In determining whether a demonstration is performed satisfactorily, the Mayor shall take into consideration, among other factors, the methods, documents, and practices used in performing the demonstration.
203.4The provisions of §§ 203.1 and 203.2 shall not apply to stack heights in existence, or dispersion techniques implemented prior to December 31, 1970, except when a source proposes to connect to a stack built prior to December 31, 1970.
203.5Before the Mayor issues a permit to a source based on a GEP stack height that exceeds the height allowed by § 203.1(a)(1) or 203.1(a)(2), the Mayor shall notify the public of the availability of the demonstration study and shall hold a public hearing on the study if a hearing is requested within thirty (30) days of the date on which the Mayor gives notice of the study.
203.6Section 203 shall not restrict, in any manner, the actual stack height of any source; however, the actual stack height of a source may be regulated under this chapter.
D.C. Mun. Regs. r. 20-203
Section 3 at the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 203. 32 DCR 565. 595 (February 1, 1985); as amended by Final Rulernaking published at 36 DCR 2554 (April 14, 1989)