Notice of Final Rulemaking—Amendments to Nuisance Odor Regulations

Summary of Final Rulemaking:

Amendments to Nuisance Odor Regulations

This rulemaking amends Chapter 9 of Title 20 of the DCMR to update regulatory language that currently hampers the ability of sources to implement controls for nuisance odors as expeditiously as practicable. 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). Moreover, regulations adopted pursuant to the Act further prohibit sources from emitting odorous or other air pollutants likely to injure public health or interfere with the reasonable enjoyment of life or property. 20 DCMR § 903.

This rulemaking updates the regulations governing nuisance odors to allow sources to implement odor controls approved by DOEE in their Odor Control Plan ("OCP") before obtaining a permit under 20 DCMR § 200, provided DOEE issues written approval of the controls in the OCP decision letter. DOEE's OCP decision letter will, if applicable, include a finding that the modification is primarily for odor control and does not produce other air pollution. Further, the rulemaking requires that sources submit an application for a permit to operate pursuant to 20 DCMR § 200.2 to DOEE within sixty (60) days after DOEE issues an OCP decision letter.

This rulemaking further clarifies that any source installing controls or altering processes primarily intended to reduce odors, whether or not the source currently holds a permit, must obtain a permit to operate under 20 DCMR § 200.2, and establishes the process for granting facilities approval to begin installing and operating odor controls while their permit to operate is being issued or amended

Prior History and Discussion of Public Comment:

DOEE published a Notice of Proposed Rulemaking to adopt these amendments to DOEE's Nuisance Odor Regulations in the District of Columbia Register for a thirty (30) day public notice and comment period on November 28, 2025, at 72 DCR 013215. The public comment period ended December 29, 2025. The Department received no comments, and no changes have been made to the text of the rules as proposed.

The Director adopted this rule as final on April 2, 2026; the rule shall become effective upon publication of this notice in the District of Columbia Register.