Beverly 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 am pleased to submit the North Carolina certification demonstrating that the North 

Carolina Department of Environment and Natural Resources, Division of Air Quality (NCDAQ) 

has met the requirements of the 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 of the North Carolina General Statutes referenced in the Infrastructure SIP and copies of the 

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. It is not the 

intent of the NCDAQ to have these statutes adopted into the SIP. The NCDAQ believes 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 USEP A states, "We also noted that the actual statutory provisions and other legal 

documents relied upon to support a State's assurance of adequate 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~rth Carolina 

/Vaturall!l 
Ms. Fleming 

July 20, 2012 

Page 2 

announcement was sent to a number of distribution lists managed by the NCDAQ. These 

distribution lists included numerous stakeholders from industry, environmental groups, and 

transportation partners. The NCDAQ believes 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 of State Implementation Plan Submittals and the 

Use of Letter 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 of Section llO(a)(l) 

and (2) through the various SIP submittals. If you should have any questions regarding this 

submittal, please contact Laura Boothe of my staff at (919) 707-8721. 

SCH:lab 

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 of Environmental Assistance and Protection 

Donald Willard, Mecklenburg County Air Quality 

David Brigman, Western Regional Air Quality Agency