1. EPA Comment: On December 23,2008, the United States Court of Appeals for the District 

of Columbia Circuit remanded the Clean Air Interstate Rule (CAIR) to EPA without vacatur, 

directing the Agency to remedy the rule's flaws in accordance with the Court's July 1 1,2008, 

opinion in the case of North Carolina v. EPA, 53 1 F.3d 896,901 (D.C. Cir. 2008). If the 

submission relies upon anticipated CAIR reductions, it may need to be revised consistent with 

EPA's new final action when the Agency responds to the Court's remand. 

NCDAQ Response: The PM2.~ attainment demonstration relied on emission reductions achieved 

through the North Carolina Clean Smokestacks Act (CSA) that reduced both nitrogen oxides and 

sulfur dioxide (SO2) emissions from the coal-fire utilities in North Carolina. The CAIR Phase I 

caps for SO2 do not start until 2010, and since both regions have already attained the standard 

with the 2006-2008 ambient data, the NCDAQ does not believe our attainment demonstration is 

reliant upon CAIR. 

2. EPA Comment: It is unclear how the controls and emissions reductions, from the power 

plants as part of the CSA, that appear to be needed for attainment are federally enforceable. To 

the extent that these emission reductions are being relied on for attainment for Hickory and 

Greensboro for the 1997 PM2.5 standard, this discussion will be needed in the SIP submittals to 

support the demonstrations. 

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2728 Capital Blvd., Raleigh, NC 27604 

Phone: 919-733-3340 \ FAX: 919-715-7175 \ Internet: www.daq.state.nc.us1 

An Equal Opportunity \ ARirmative Action Employer 
4. EPA Comment: The contingency measures also need to be federally enforceable. Since the 

CSA has not been submitted to EPA for incorporation into the SIP you would either need to 

submit CSA, or submit the individual permits adopted under CSA for incorporation into the SIP, 

or show that the adopted permit limits are enforceable under CAIR. The incorporation of 

measures into title V permits does not satisfy the necessity that they originate from a federally 

enforceable requirement. 

NCDAQ Response: As part of theJinal attainment demonstration SIP submittal, the NCDAQ 

will request that the portion of the CSA that establishes the system-wide emission caps be 

incorporated into the North Carolina federally approved SIP. 

Other Comments: 

1. EPA Comment: The SIP narrative states on page 40 that the Clean Air Bill, the NOx SIP 

Call Rule, the CSA, and the Open Burning Rule were modeled in the attainment demonstration. 

However, the summary of these regulations that follows in sections 5.2.1 through 5.2.5 includes 

CAIR. For consistency of paragraph 5.2 State Control Measures, please add "Clean Air 

Interstate Rule". 

NCDAQ Response: The appropriate language has been added in the SIP Narrative. 
this requirement. We do not believe reliance on the ozone guidance meets the intent of this 

requirement. Please provide tangible evidence that the emission reductions attributable to CSA 

will contribute to attainment if these are being relied upon as a contingency measure. 

We recommend modeling the facilities with 2009-201 0 reductions planned or reviewing existing 

modeling to develop sensitivity data that demonstrates the impact controlling these units will 

have on the ambient levels at the monitoring sites. Since the baseline design value for the Triad 

area is 1 5.8 ug/m3, and the baseline design value for the Hickory area is 1 5.5 ug/m3, one years' 

progress would be about 0.1 ug/m3 ((1 5.8 - l5.0)/7) for the Triad area and also about 0.1 uglm3 

((1 5.5 - 15.0)/7) for the Hickory area. 

NCDAQ Response: The purpose of contingency measures is to provide further reductions in the 

event that an area does not attain the standard by the prescribed attainment date. Since both 

nonattainment areas in North Carolina have already attained the 1997 annual PM2.3 standard 

with the 2006-2008 ambient data, one year earlier than required, the necessity of contingency 

measures is unlikely. However, for the purposes of this submittal, the NCDAQ has added to the 

documentation back trajectories and current ambient air quality data to demonstrate that 

reductions in SOz emissions from the power plants in North Carolina have an impact on the 

monitors in the nonattainment areas. 
cc: Lynorae Benjamin, USEPA 

Nacosta Ward, USEPA 

Donnie Redmond, NCDAQ 

Laura Boothe, NCDAQ