Strengthening Air Pollution Permitting Amendment Act of 2026

January 5, 2025
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue NW
Washington, DC 20004

Dear Secretary Smith,

Today, I am introducing the Strengthening Air Pollution Permitting Amendment Act of 2026.
This legislation will address critical flaws in the District’s air pollution permitting regime,
including weak protections against nuisances that impact longtime residents, unacceptable multi-
year delays in permitting, poor community engagement, and ineffective enforcement. I have
attached a copy of this legislation, which is cointroduced by Councilmembers Charles Allen and
Christina Henderson.

Years of community frustration with existing processes and standards inform the reforms
contemplated by this bill. Ward 5 communities bear the brunt of the District’s exposure to fixed
sources of air pollution because of decades of decisions to concentrate production, distribution,
and repair uses along the WMATA red line and the New York Avenue corridors. Ward 5 is
home to two of the District’s three asphalt plants and one of the District’s three permanent
concrete plants, and all of these facilities are located within a block of residential properties.
When there are only a few hundred feet between residents’ homes and facility that is permitted to
emit toxins into the air residents inhabit, regulatory delays and gaps significantly impact a
community’s quality of life.

As Ward 5 residents, advisory neighborhood commissions, and environmental justice
organizations have advocated for cleaner air, numerous shortcomings with current law and
process have come to light. Major and minor sources of air pollution are allowed to operate on
out-of-date permits. Requests that polluting entities be subject to basic requirements for
community engagement are rejected. The law does not currently empower the District
Department of Energy and the Environment (DOEE) to regulate the holistic operations of
industrial facilities, which can include hundreds of daily trips by dump trumps, cement mixers,
and other large vehicles. Perhaps most significantly, DOEE lacks adequate funds to provide its
air quality division with the staff and resources required to process permits and complaints in a
timely manner, much less engage in robust enforcement of regulated entities.

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This legislation strengthens the District’s air permitting regime by:
• Requiring the timely submission and processing of air quality permits, odor control
plans, and air quality complaints. Major and minor sources of air pollution, concrete
plants, asphalt plants, trash transfer stations, and similar operations will no longer be
allowed to operate using out-of-date permits, DOEE will be required to complete
reviews of permits within 6 months of their submission, and DOEE will be required to
set fines and permit fees at levels sufficient to ensure the timely review and enforcement
of those permits. DOEE will be required to acknowledge receipt of air quality
complaints in seven days and make a finding with regards to each complaint within sixty
days.
• Bolstering permit requirements to close gaps in existing authority. DOEE will be
required to include limits on pollutants produced by the operation of a facility—
including emissions from vehicles and equipment operating at facilities, contact
information for permitted facilities, community engagement, hours of operation, and
emergency limits on operations during poor air quality days. Advisory Neighborhood
Commissions will also be empowered to initiate a process to negotiate community
agreements with permitted facilities regarding mitigation of impacts on the community,
operations and impacts, including parking, hours, noise levels, and complaint
management and resolution.
• Establishing new options for enforcement of permit violations. Permit holders (and
related entities) will be ineligible from receiving District contracts for six months after
accruing two violations in any twelve-month period and civil enforcement authority is
expanded to ensure that residents are empowered to ensure compliance with District air
permitting laws.
• Recentering enforcement of the District’s odor nuisance laws on the gravity of the
impact to residents and ensure that impacts on public spaces are considered.
Whereas current law requires DOEE to consider the volume and variety of complaints it
receives, the bill will require DOEE to focus on the impact of nuisances on residents. In
addition, DOEE will be required to consider the impact of nuisances on public spaces—
not just life and property.
• Improving public access to DOEE’s permitting and air quality complaint
processing. DOEE notices are currently published on its website and in the public
register—requiring residents and stakeholder community organizations to actively seek
out information about permit developments. DOEE will be required to maintain public
complaint forms and dashboard for air quality complaints and to establish requirements
for permit applicants to provide adequate notice to advisory neighborhood commissions
and nearby property owners of pending permit applications.
• Requiring that DOEE prioritize use of the District’s Air Quality Construction
Permits Fund for environmental remediation, enhance monitoring, or air quality
improvement in District communities that experience disproportionate exposure to
lower air quality. This change would ensure that funds secured from fines for non-
compliance with the District’s air quality laws are invested in the communities that have
been harmed the most by air pollution.
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I look forward to working with my colleagues on the Council and in the executive to improve air
pollution permitting in the District. Please contact my Deputy Chief of Staff, Conor Shaw, at
cshaw@dccouncil.gov if you have any questions about this legislation.

Sincerely,

Zachary Parker
Ward 5 Councilmember
Chair, Committee on Youth Affairs

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Councilmember Charles Allen Councilmember Zachary Parker 3
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Councilmember Christina Henderson 8
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A BILL 11
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 15
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To amend the District of Columbia Air Pollution Control Act of 1984 to close gaps in nuisance 20
air pollution regulations and establish deadlines for responding to complaints, to bolster 21
civil penalties for violation of District air pollution permitting laws and regulations, to 22
permit the Air Quality Construction Permits Fund to be used for environmental 23
remediation, to establish enhanced permitting requirements for major and minor sources, 24
and to require timely agency review of air quality permits. 25
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may 27
be cited as the “Strengthening Air Pollution Permitting Amendment Act of 2026”. 28
Sec. 2. The District of Columbia Air Pollution Control Act of 1984, effective March 15, 29
1985 (D.C. Law 5-165; D.C. Official Code § 8-101.01 et seq.), is amended as follows: 30
(a) Section 5 (D.C. Official Code § 8-101.05) is amended as follows:31
(1) subsection (b)(1)(F) is amended by striking the phrase “and property” and32
inserting in its place the phrase “, property, and public spaces”. 33
(2) subsection (b)(2) is amended to read as follows:34
“(2) In determining interference with reasonable enjoyment of life, property, and 35

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public spaces under paragraph (1)(F) of this subsection, the Mayor shall consider: 36
“(A) The frequency, duration, and intensity of the source and associated 37
facility operations, including emissions produced by vehicles and other non-stationary equipment 38
operating within the facility or entering and exiting the facility; 39
“(B) The proximity of a source to residences, schools, parks, recreation 40
centers, playgrounds, and trails; 41
“(C) Health disparities in the District, particularly with respect to 42
conditions associated with exposure to air pollution; 43
“(D) The source’s ability to prevent complaints; 44
“(E) The operating hours and days of the source and the extent to which 45
they conflict with reasonable enjoyment of life, property, and public spaces; and 46
“(F) The cumulative impact experienced by affected community created 47
by the source in concert with other sources as well as associated nuisances including noise and 48
light pollution.” 49
(3) subsection (d) is amended to read as follows: 50
“(d) To assist in enforcing the provisions of this part and regulations issued pursuant to 51
this part, the Mayor shall: 52
“(1) Make available an electronic complaint form to receive complaints of air 53
quality violations from the public, including, at a minimum, complaints of odors and engine 54
idling and complaints of violation of permit terms and conditions; 55
“(2) Acknowledge receipt of an air quality complaint to the complainant no later 56
than 7 days after receipt, in a writing or through an electronic message; 57

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“(3) Respond to an air quality complaint with a finding within sixty days of its 58
submission; 59
“(4) Track all air quality complaints, the agency’s response to each complaint, and 60
the resolution of each complaint; 61
“(5) Establish an electronic mechanism by which the complainant, the source of 62
the complaint, and any interested party may access information about the status and resolution of 63
an air quality complaint; 64
“(6) Make publicly available on DOEE’s website a quarterly report listing all air 65
quality complaints received, the date of the complaint, the status of the complaint, DOEE’s 66
finding, the date of DOEE’s finding, and the date of any appeal; 67
“(7) Establish requirements for permit applicants to notify via email and signed 68
placards impacted advisory neighborhood commissions, civic associations, and other community 69
organizations serving communities of any permit application; 70
“(8) Establish requirements for permit applicants to provide written notice to 71
property owners within 500 feet of any property associated with operations subject to the permit; 72
and 73
“(9) Establish and maintain a publish dashboard listing all air quality permit 74
applications, their status, links to word-searchable versions of air quality permits, the number of 75
air quality complaints received regarding each permitted facility, and the number of air quality 76
complaints sustained regarding each permitted facility.” 77
(b) Section 5c (D.C. Official Code § 8–101.05c) is amended by inserting a new 78
subsection (c) to read as follows: 79
“(c) A person or affiliated business entity that commits two violations of this part or a 80

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regulation promulgated pursuant to this part in any twelve-month period shall be ineligible to 81
receive a contract with the District for a period of six months after the second violation.” 82
(c) Section 5f (D.C. Official Code § 8–101.05f) is amended by inserting new paragraphs 83
(3) and (4) to read as follows: 84
“(3) A civil action may be brought by a resident or corporation of the District of 85
Columbia in the Superior Court of the District of Columbia or any other court of competent 86
jurisdiction for damages, cost recovery, reasonable attorney and expert witness fees, and 87
injunctive or other appropriate relief to enforce compliance with this part or the regulations 88
adopted pursuant to this part. Such civil action shall be subject to review by the District of 89
Columbia Court of Appeals under section 11 of the District of Columbia Administrative 90
Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2–510). 91
“(4) The People’s Counsel may represent and appeal for the people of the District of 92
Columbia and any individual or individuals suffering a legal wrong, or adversely affected or 93
aggrieved by an order or decision of the Mayor or an agency regarding an action subject to an 94
action subject to this part or regulations adopted pursuant to this part, and such civil action shall 95
be subject to review by the District of Columbia Court of Appeals under section 11 of the 96
District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; 97
D.C. Official Code § 2–510).” 98
(d) Section 5h(b) (D.C. Official Code § 8–101.05h(b)) is amended by: 99
(1) striking the number “15” and inserting the number “30” in its place; and 100
(2) striking the number “20 and inserting the number “45” in its place. 101
(e) Section 5i(c) (D.C. Official Code § 8-101.05i.) is amended by inserting the phrase 102
“with priority given to environmental remediation, enhanced monitoring, or air quality 103

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improvement in District communities that experience disproportionate exposure to lower air 104
quality” after the word “Environment”. 105
(f) New Sections 5j, 5k, and 5l are added to read as follows: 106
“§ 8–101.05j. Local air quality permit authority 107
“(a) When issuing an operating permit for a major or minor source, the Mayor shall 108
include in the permit: 109
“(1) Limits for the total particulate matter, carbon monoxide, sulfur dioxide, 110
nitrogen oxides, and volatile organic compounds generated in the operation of the facility where 111
the source is located. These limits shall account for emissions from vehicles or equipment that 112
will be operating within the facility or entering and exiting the facility; 113
“(2) A requirement that the permit holder maintain a public website where contact 114
information for an employee who serves as a community liaison for the sources is listed and a 115
requirement that this information be updated if the employee is unavailable or is replaced; 116
“(3) Requirements regarding community engagement, including provisions 117
requiring the permit holder to: 118
“(A) Attend at least one and up to four meetings, annually, of the advisory 119
neighborhood commission, civic association, or other community organization in the 120
neighborhood where permitted source is located per year of operation of the permit; 121
“(B) Fulfil an emailed or written request to attend an advisory 122
neighborhood commission, civic association, or other community meeting within 90 days of 123
receiving a request; and 124
“(C) Notify via email all of the advisory neighborhood commissioners 125
serving on the advisory neighborhood commission in which they are located within 30 days of 126

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any material breach of permit conditions or application for a revised or superseding permit. 127
“(4) Permitted hours of operations to prevent interference of reasonable 128
enjoyment of life, property, and public spaces, including trails, parks, schools, child development 129
centers, and playgrounds; 130
“(5) The amount by which operations shall be reduced at times when the air 131
quality index for the District of Columbia is Orange; 132
“(6) The amount by which operations shall be reduced or cease altogether when 133
the air quality index for the District of Columbia is Red, Purple or Maroon; 134
“(7) Provisions for the disclosure of data from on-site air quality or permit 135
compliance monitoring; 136
“(8) Annual training of on-site managers and employees about the terms and 137
conditions of permit and associated quality control responsibilities. 138
“(b) When requested in a resolution adopted by an advisory neighborhood commission 139
within 300 feet of the source, the Mayor shall also include in the permit a requirement that the 140
permit holder enter into a community agreement with the advisory neighborhood commission 141
where the source is located regarding mitigation of impacts on the community, operations and 142
impacts, including parking, hours, noise levels, and complaint management and resolution.” 143
“§ 8–101.05k. Timely Review of Air Quality Permits 144
“(a) The Mayor shall establish deadlines for the timely review of air quality permits and 145
odor control plans, providing that review of a permit for a major or minor source or an odor 146
control plan shall be completed within six months of submission. These deadlines shall apply to 147
all permits and odor control plans, including renewals and modifications of existing permits and 148
plans. 149

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“(b) The Mayor shall set fines, permit fees, and other fees for permits issued under this 150
Part at a level sufficient to ensure timely review of permit applications—including staff of 151
contract costs required to review permits by the standard deadline—and timely enforcement of 152
air quality and odor control complaints. 153
“(c) The Mayor shall establish deadlines for the filing of permit renewal or modification 154
applications that ensure DOEE has sufficient time to complete the timely review of a permit 155
application prior to the expiration of the existing permit. 156
“(d) The Mayor shall prohibit the following sources from operating after the expiration of 157
any air permit or odor control permit: 158
“(1) A major source; 159
“(2) A minor source; 160
“(3) A facility used for the cultivation or processing of marijuana; 161
“(4) Painting operations subject to the requirements of 20 DCMR §§ 718 and 162
1409; 163
“(5) A trash transfer station; 164
“(6) A concrete processing, recycling, or production facility; 165
“(7) An asphalt processing, recycling, or production facility; and 166
“(8) A wastewater treatment facility or system.” 167
“§ 8–101.05l. Model Language for District Contracts 168
“The Department of Energy and the Environment shall draft and make available to the 169
Office of Contracting and Procurement and District agencies with independent procurement 170
authority contract terms that require contractor adherence to District air permitting laws and that 171
explicitly provide for cancellation of a District contract for material violations of permit terms 172

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and conditions.” 173
Sec. 3. Fiscal impact statement. 174
The Council adopts the fiscal impact statement in the committee report as the fiscal 175
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 176
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 177
Sec. 4. Effective date. 178
This act shall take effect after approval by the Mayor (or in the event of veto by the 179
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 180
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 181
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 182
Columbia Register. 183