(a) The Mayor may issue or amend any rule needed to comply with the requirements of federal laws and regulations in implementing the District's comprehensive air pollution control program.
(b) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirement imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.
(c) The Mayor may also issue or amend any rule needed to implement the provisions of this subchapter pursuant to subchapter I of Chapter 5 of Title 2. Rules issued pursuant to this subsection are not subject to the 45-day Council review period prescribed in subsection (b) of this section.
CREDIT(S)
(Mar. 15, 1985, D.C. Law 5-165, § 6, 32 DCR 562; Apr. 26, 1994, D.C. Law 10-106, § 5, 41 DCR 1014; May 16, 1995, D.C. Law 11-15, § 2, 42 DCR 1392; Apr. 9, 1997, D.C. Law 11-255, § 58, 44 DCR 1271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-906.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3 of Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Temporary Amendment Act of 1992 (D.C. Law 9-262, March 27, 1993, law notification 40 DCR 2332).
Emergency Act Amendments
For temporary amendment of section, see § 3 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Emergency Amendment Act of 1992 (D.C. Act 9-390, January 6, 1993, 40 DCR 683).
Legislative History of Laws
For legislative history of D.C. Law 5-165, see Historical and Statutory Notes following § 8-101.04.
Law 10-106, the “Motor Vehicle Biennial Inspection Amendment Act of 1993,” was introduced in Council and assigned Bill No. 10-6, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on January 4, 1994, and February 1, 1994, respectively. Signed by the Mayor on February 18, 1994, it was assigned Act No. 10-194 and transmitted to both Houses of Congress for its review. D.C. Law 10-106 became effective on April 26, 1994.
Law 11-15, the “Air Pollution Control Program Regulations Federal Conformity Amendment Act of 1995,” was introduced in Council and assigned Bill No. 11-40, which was retained by CounciL. The Bill was adopted on first and second readings on January 17, 1995, and February 7, 1995, respectively. Signed by the Mayor on March 9, 1995, it was assigned Act No. 11-27 and transmitted to both Houses of Congress for its review. D.C. Law 11-15 became effective on May 16, 1995.
Law 11-255, the “Second Technical Amendments Act of 1996,” was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 5-165, District of Columbia Air Pollution Control Act of 1984, see Mayor's Order 88-62, March 15, 1988.
Resolutions
Resolution 14-106, the “Air Quality Regulations Amendment Emergency Approval Resolution of 2001”, was approved effective May 1, 2001.
Resolution 15-510, the “Air Quality Control Regulation Implementing Sections 182 and 185 of the Federal Clean Air Act Emergency Approval Resolution of 2004”, was approved effective April 4, 2004.
Resolution 15-512, the “Air Quality Control Regulation Implementing the Severe Area Non-attainment Requirements of the Federal Clean Air Act Emergency Approval Resolution of 2004”, was approved effective April 4, 2004.
Miscellaneous Notes
Application of Law 10-106: Section 6(b) of D.C. Law 10-106 provided that § 5 of the act shall apply as of September 30, 1993.
District of Columbia Air Pollution Control Act of 1984 Proposed Rulemaking Approval Resolution of 1998: Pursuant to Resolution 12-(PR12-693), effective June 19, 1998, the Council approved the proposed rulemaking to amend Chapters 1 through 5 and Chapters 7 and 8 of Title 20 (Environment) DCMR, issued pursuant to the “District of Columbia Air Pollution Control Act of 1984”.