Notice of Proposed Rulemaking - Amendments to Nuisance Odor Regulations

Notice is hereby given that the proposed rulemaking, "Amendments to Nuisance Odor Regulations," was published in DC Register on November 28, 2025. This proposed rulemaking amends 20 DCMR § 903 to add new Subsection 903.14, clarifying the procedural details of Subsection 903.9. This proposed rulemaking will enable the implementation of odor controls approved by DOEE in a source's OCP prior to obtaining a permit, as outlined in 20 DCMR § 200, upon receipt of written approval from DOEE.

- DC Register: Notice of Proposed Rulemaking (November 28, 2025)

Background and Purpose:

The Air Pollution Control Act authorizes DOEE to “[a]dopt standards governing emission of nuisance air pollutants likely to injure public health or welfare or interfere with reasonable enjoyment of life and property.” D.C. Official Code § 8-101.05(b)(1)(F). Regulations adopted as part of the Air Pollution Control Act prohibit emitting odorous or other air pollutants likely to injure public health or interfere with the reasonable enjoyment of life or property. Air Pollution Control Act § 3 (20 DCMR § 903).

On October 28, 2024, the DOEE Director promulgated emergency and proposed amendments to the Nuisance Odor Regulations, which were published in the District of Columbia Register on November 8, 2024, at 71 DCR 13612. The rulemaking addressed three areas of the odor control regulations:

1. The requirement found in 20 DCMR § 903.5(c)(2) that engineering controls be certified by a professional engineer before submittal of an odor control plan (“OCP”);

2. Errors found in 20 DCMR § 903.2 - one involving the definition of cannabis operations and the second related to the language defining painting operations that are subject to OCPs; and

3. The applicability and timeline for when sources that are installing controls or altering processes that are primarily intended to reduce odors are required to obtain or amend permits under 20 DCMR § 200.

A final rulemaking regarding the first two issues was promulgated by the DOEE Director on July 2, 2025, and published in the District of Columbia Register on July 11, 2025, at 72 DCR 007818. Through this notice, DOEE is proposing amendments regarding the third issue addressed in the November 8, 2024 Notice of Emergency and Proposed Rulemaking, regarding the installation of controls and the alteration of processes that are primarily intended to reduce odors. As detailed below, this notice proposes to add a new Subsection 903.14 to clarify procedural details of Subsection 903.9.

Amendments:

This proposed rulemaking amends 20 DCMR § 903 to allow implementation of odor controls approved by DOEE in a source’s OCP prior to obtaining a permit pursuant to 20 DCMR § 200, upon receipt of written approval from DOEE. Sources that receive this approval will be required to submit an application for a permit to operate pursuant to 20 DCMR § 200.2 to DOEE within sixty (60) days after DOEE issues the approval. DOEE’s approval or disapproval of an OCP will include a finding that the modification is primarily for odor control and does not produce other air pollution. This proposed amendment clarifies that sources installing controls or altering processes that are primarily intended to reduce odors, whether currently permitted or not, are required under 20 DCMR § 903 to obtain a permit to operate under 20 DCMR § 200.2.

This proposed rulemaking adds Subsection 903.14 to address this issue rather than amending Subsection 903.9 as was done in the 2024 Emergency and Proposed Rulemaking. Subsection 903.9 only applies to the timeline for updating an already existing OCP. The addition of Subsection 903.14 addresses the process for granting facilities’ approval to begin installation and operation of odor controls pending the issuance or amendment of their permit to operate. DOEE received questions about implementation of the proposed Subsection 903.9 during the comment period that led DOEE to propose a new Subsection 903.14 rather than amending § 903.9.

Comments on the Proposed Rulemaking:

Persons wishing to provide comment on the subject matter of the proposed rulemaking must submit their comments to the DOEE Air Quality Division within thirty (30) days after the date of publication of this notice in the District of Columbia Register by email to Mr. Joseph Jakuta at [email protected] or by hand delivery or postal mail to the following address:

DOEE Air Quality Division
ATTN: Joseph Jakuta: Odor Control Technical Corrections
1200 First Street NE, Fifth Floor
Washington, DC 20002

DOEE requests that each individual or entity submitting a comment provide their name, address, telephone number, and affiliation (if any).