### Bever ly Eaves Perdue Governor
Gwendolyn Keyes Fleming Regional Administrator USEPA, Region 4 Sam Nunn Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Dear Ms. Fleming: Director July 20, 2012 Dee Freeman Secretary

I ampleased to submit the North Carolina certification demonstrating that the North Carolina Department ofEnvironment and Natural Resources, Division ofAir Quality (NCDAQ) has met the requirements ofthe Clean Air Act (CAA) Section llO(a)(l) and (2) infrastructure State Implementation Plan (SIP) requirements for the 2008 lead National Ambient Air Quality Standards. The NCDAQ relied on the United States Environmental Protection Agency's (USEPA's) October 14, 2011 memorandum, "Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Section llO(a)(l) and (2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)" to develop this SIP. Please find attached the "North Carolina Certification for Clean Air Act Section 110(a)(l) and (2) 2008 Lead Requirements" Infrastructure SIP. Included with the certification document is a copy ofthe North Carolina General Statutes referenced in the Infrastructure SIP and copies ofthe USEPA memorandums and notices used to develop the Infrastructure SIP. An exact duplicate electronic copy is provided on compact disk. The North Carolina General Statutes are provided as referenced material only
. Itis not the intent ofthe NCDAQ to have these statutes adopted into the SIP. The NCDAQbelieves that the State's statutes are not required to be adopted into the SIP based upon the USEPA Federal Register (FR) notice on May 19, 2010 regarding California's legal authority (75 FR 27938). In this final rule the USEPA states, "We also noted that the actual statutory provisions and other legal documents relied upon to support a State's assurance ofadequate legal authority need not be approved into the SIP under CAA section 110 or [USEPA's] SIP regulations in 40 [Code of Federal Regulation] part 51 (although such provisions are required to be submitted with the plan). Thus, [USEPA] could approve, consistent with CAA and [USEPA] requirements, and did so in this instance, a wholesale revision to the original legal authority chapter without also approving the actual statutory provisions and other legal documents cited there." The NCDAQ issued a public notice announcement on May 10, 2012, indicating that the Infrastructure SIP certification documentation was available for public comment until June 15, 2012 and posted the SIP on the NCDAQ's website for public review. The public notice
1641 Mail Service Center, Raleigh, North Carolina 27699-1641 217 West Jones Street, Raleigh ,NC 27603 Phone: 919-707-8401 I FAX 919- 715-0718 I Internet: www.ncair
.org An Equal Opportunity/ Affirmative Action Employer

# N~rthCarolina 

# /Vaturall!lMs. Fleming July 20, 2012 Page 2
announcement was sent to a number ofdistribution lists managed by the NCDAQ
. These distribution lists included numerous stakeholders from industry, environmental groups, and transportation partners. The NCDAQbelieves that sending the public notice announcement to these groups is more effective than publishing the notices in a few local newspapers and is consistent with the requirements described in the April 6, 2011 , memorandum, "Regional Consistency for the Administrative Requirements ofState Implementation Plan Submittals and the Use ofLetter Notices." Additionally, the NCDAQ website has Rich Site Summary (RSS) feed which regularly delivers changes to the website content to those that have signed up for it. The public notice announcement also indicated that the public may request a public hearing
. There were no requests for a public hearing and no comments received during the comment period. The NCDAQ believes it has in good faith addressed the requirements ofSection llO(a)(l) and (2) through the various SIP submittals
. Ifyou should have any questions regarding this submittal, please contact Laura Boothe ofmy staffat (919) 707

-8721.

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cc Michael Abraczinskas, NCDAQ Sushma Masemore, NCDAQ Laura Boothe, NCDAQ Scott R. Davis, USEPA Lynorae Benjamin, USEPA Sincerely,

Sheila C. Holman

William Barnette, Forsyth County Office ofEnvironmental Assistance and Protection DonaldWillard, Mecklenburg County Air Quality David Brigman,Western Regional Air Quality Agency