Report on 1 1 O(a)(2)(D)ji) liequircn~cnts 

by 

The North Carolina Dcparlment of Environment and Natural 

Resources, Division of Air Quality 

This report serves as the North Carolina Department of Environment and Natural 

Resources, Division of Air Quality's JNCDAQ) State Implementation Plan (SIP) 

submittal to meet the requirements of the Clean Air Act Section 1 1 O(a)(2)(D)(i). 

NCDAQ submitted to tile United States Ei~vironmcntal Protection Agency (USEPA) a 

letter dated May 25, 2007 outlining how the Section 11 O(a)(2)(D)(i) requirements u7ouId 

be met. NCDAQ noticed this letter, per USEPA instructions, for public comment on or 

before October 6, 2007, in four newspapers across North Cxolina, including: the 

Wilmington Star News, the Raleigh News and Observer, the Winston-Salem Journal, and 

the Asheville Citizen Times. NCDAQ also posted the letter on their web site. 

The p~~blic coininenl period ended on Xovernber 6, 2007 and no comments were received 

by NCIIAQ. 'I'hc May 25: 2007 letter, signed &davits and proofoi'publication arc 

auached. Pleasc accept this report as NCDAQ's official SIP submittal. 
North Carolina Department of Environment and Natural Resources 

Division of Air Quality 

Michael F. Easiey, Governor William G, Ross, Jr., Secretary 

0. Keith Overcash, P.E., Director 

Regional Administrator 

US. Environmental Protection Agency, Region 4 

Aflanta Federal Center 

61 Forsyth Street, SW 

Atlanta, Georgia 30303-8909 

Subject Section 110(a)(2)(D)(i) Requirements 

Dear Mr. Palmer: 

This leaer addresses the North Carolina Department of Environment and Natural 

Resources, Division of Air Quality's (NCDAQ) efforts to meet the requirements of Section 

1 O(a)(2))(i) In particular, this letter responds to the guidance memorandum from Wifiam T. 

Hamett, dated August 15,2006, and EPA's April 25,2005 finding of failure to submt. 

Nortb Carolina is subject to the Clean Air Interstate Ruie, and NCDAQ submitted to EPA a 

State rule adopting the requirements of CAR on August 7,2006. NCDAQ believes this submttal 

adequately addresses the "significant contribution" and the "interfere with maintenance" 

requirements of section 110(a)(2)@)(i). 

With regard to the "prevention of significant deterioration" requirement of section 

llO(a)(2)(D)(i), NCDAQ subrmtted nonattainment new source review (NNSR) rules to EPA on 

November 30,2005, and prevention of sigruflcant deterioration (PSD) rules on March 16,2007. 

During a call with your staff on May 9,2007, it was pointed out that both of these rules referenced 

the 2003 version of40 CFR 51.165 (NNSR) and 40 CFR 51.166 (PSD). However, the fmal8-hour 

ozone implementation rule published on November 29,2005, mofied 40 CFR 5 1.165 and 40 

CFR 51.166, and the rules need to be revised to reflect this latest citation. Following is the 

schedule on which these rule changes will be implemented: 

July 2007 Concept to Air Quality Committee (AQC) 

September 2007 Draft rules to AQC 

November 2007 Request Environmental Management Commission (EMC) for public hearing 

January 2008 Public hearing 

March 2008 Present hearing record to EMC for action 

April 2008 Rules Review Commission review 

May 2008 Rule Effective 

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page 2 of 2 

We will work with the AQC and EMC to try and shorten this schedule wherever possible. 

It should be noted that the rule effective date assumes that the rule change will not need to go 

through the legislative review process. However, if ten letters of objection are received by the ^ . 1 '.1_~1..^ 

2995 after a 1994 study on ozone formatton in Atlanta by me ueorgtit msu~u~i: "1 AGLLU~~~~~ 

concluded that NOx was the primary ozone precursor in Atlanta and much of the Southeast. Also, 

the rule change will deciare that PMlO is to be used as a surrogate to PM2.5. However, again, this 

has been standard practice in No& Carolina perrnittmg activities since Apnl 1,1999 when the 

1997 PM2.5 standards took effect in North Carolina. 

The final requirement of Section 1 lO(a)(Z)(D)(i) is the "protect visibii~ty" requirement 

Since regional haze State implementation plans (SIPs) are not due until December 17,2007, 

NCDAQ does not beheve it is possible to assess whether there is any interference w~th measures in 

the applicable SIP for another State designed to "protect visibility" for the 8-hour ozone and 

PM2.5 national ambient air quality standards until the regional haze SIPS are submitted and 

approved. NCDAQ is on schedule to submit the 8-hour ozone SIPS by June 15,2007, the resonal 

haze SIPs by December 17,2007, and the PM2.5 SrPs by April 5,2008. 

NCDAQ believes it has in good faith addressed the requirements of Section I lO(a)(2)(D)(i) 

through the various SIP submittals discussed in this letter. The changes to the permitting rules are 

minor in nature, and will have no practical impact on how the new source review and prevention of 

significant deterioration permitting programs are impiemented in North Carolina. 

Please contact Sheila Holman of my staff at (919) 715-0971 if you have questions 

regarding this letter. I look forward to working with you as we impiement programs to address the 

NAAQS and regional haze requirements. 

Sincerely, 

B. ~kth Overcash, P.E 

Cc: Beverly Banister 

Kay Prince 

Brock Nichoison 

Sheila Holman 
,'ORSYTH COUNTY 

: 

: 7 / AFFIDAVIT OF PUBLICATION 

Before the undersigned, a Notary Public of said County and State, duly -.. il:,, 

hown as Winston-Salem Journal, pubiished, issued and entered as second class mail 

in the City of Winsron-Salem, in said County and State: that he is authorized to \J 

make this affidavit and sworn statemem: thar the no~ice or other legal advertisement, 

a true copy of which is attached herero, was published in Winston-Salem Journai on 

the foilowing dates: 

October 3, 2007 

and that the said newspaper in 'which such notice, paper document, or legal 

advenisement was published was, at the time of each and every such publication: a 

newspaper meeting all the requirements and qualifications of Section 1-597 of the 

General Starutes of North Carolina and was a qualified newspaper within the 

meanlng of Section 1-597 of the General Statutes of North Cardim. 

Th~s 3rd day of Ocrober, 2007 

Sworn ro and subscribed before me, th~s 3rd day of Ocrober. 2007 

My Commiss~on explres: September 28, 2010 

1 PUBLIC NOTICE 

NOllTH CAROUNA OEPfiRTMWT OF 

ENVIRONMENT A NATURAL RESOURCt3 

I INFORMATION: 

I Copla or the Letts to EP& may be downloaded 

I httvJ/www/ncair.org/Nler/lette~+/ or by contai j ing: 
AFFIDAVIT OF PUBLZCATIOK 

STATE OF VORTH CAROLINA 

COUNTY OF NEW HANOVER 

Who bc;ng auly sworn or affirmed accoraing to the law, says that helshe is 

CLASSIFIED ADVERTISING MANAGER 

of THE STAR-NEWS, a corporation orpanized and doing business under the Laws of the 

North Carolina. and publishing a newspaper known as STAR-NEWS in the City of Wilmln 

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOU 

PUBLIC NOTICE PURPOSE: The North Carolina Department of Environmenl and 

Fesources, Division qf Air Gap-i NCIDAQ? hereby gives ncfise regarding its May 25, 20 

letter to J. I. Palm 

was inserted m the aforesaid newspaper in space. and on dares as follows: 

And at the time of such publication Srar-Kews was a newspaper meeting all the requiremen 

qualifications prescribed by Sec. No. 1-597 G.S. of N.C. 

Tltie CLASSIFIED ADVER. MGR '; 

Sworn or affirmed to, and subscribed before me this 

ocro8~~ ,A.D., 1007 

In Test~mony Whereof, I have hereunto set my hand and-affixe 

My commission expires /? day of /? V GG ,20L 

Upon reading the aforegoing afiidavit with the advertisement thereto annexed it is adjudged by the Couz? that the sa 

publicaiion was duiy and properly made and that the summons has been duiy and legally served on the defendant(s). 

MAIL TO: 
AFFIDAWT OF PUBLICATION 

NORTH CAROLEVA. 

Wake County. ) Ss 

The above is correctly copied from the books and files of the aforesaid Corporation and publication. 

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REQUESTS FOR A PUBLIC HEARINS im.rs,s .or 0 nio : "",."a m:i. o, - ilr'ns an0 

nc .cr csarcw*. i.oocm.nu ~cnm lo, =LC- o mir- .n;. o- -o me- e. ,c., nwcri - .ri 5.; cri aoc o ~..ilrimmor, oi me ~O,"TZ ~+(nle-~eolioe~-i~r~~O. IJCP PCW w L 0.2 c.-wr 19 ... .I ~1 i:~. cc . <m.eq.eo i Ymn';inol CP ,"! .* c.0 inn ."i' i"? 

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G.?~P.>DPDE 

p .,; on o. Air r3.o .,, 6:) hbL1:. mrr ie-Clnle. ac rgr kc nbw id 

Pnanl 919 1'5.3BP 

Debra Peebies, Billing'Manager-Legal Advertising 

Wake County, North Carolina 

Pcrbles. whu, hring duiy sworn or affirmed. accordln: lo iw, 

dutk depuse and say thar sh? IS Bili~ng M;mqrr-L~.gsl 

Adoenlslng of Thr Sews and Ohs?n,cr a corporariun 

orpai~ized and doing buslncss undrr tlie Law of thc SUP: ni 

Soh Carolina. and publ~shing s newsp3pfr known ar 'rn? 

Krws and Obsrrver. in thr Cnv of Raleigh , Wake 

Count\. and Sutc aiore&id, the said newspaper in which such 

nonce, pzper. documen!. or k:al advemsernm was pubilshrd 

was, a1 the nnie of each and evrry such publicanon. u 

newspaprr meeting all of the requiremenrs and qualiilcauon\ 

Section ] -59- die General Slan~res of Noh Carolins and 

\\'as o qualliied newspaper within thc meanmg oi Sectlun i - 59- of tic General Siardt-s of Sonh Caroitr,:, and thar as such 

sn: makes inis affidw~t: thar she 1s iamihar wirh th? book 

iikh and business oisa~d corpormon and hv reicrence tu tile 

files or said puhi~carior. th: amchcd advcniserncn! for 

DEHXK was insened 111 rhc ~iurrwd 

newspaper on dares as follous. 10 01 0- 

Sworn or affirmed to, and subscribed before me, this 

02 day of OCTOBER , 2007 AD ,by Debra Peebles. 

In Testimony Whereof, I have hereunto set my hand 

and affixed my official seal, the day and year aforesaid. 

V~anet Scroggs, ~otary~ubk 

My commission expires 14" of March 2009. 
ASHEVILLE 

VOICE OF TIE MOUNTAINS CITIZEN-TIMES.com 

14 0. Henry Avenue. P.O. Box 2090 ' 

AFFIDAVIT OF PUBLICATION 

BUNCOMBE COUNTY 

SS. 

NORTH CAROLINA 

Before the undersigned, aNotary Public of said 

County and State, duly commissioned, qualified and 

authorized by law to administer oaths, personally 

appeared Cory Grdupei, who, being firs? dujy 

sworn, deposes and says: that she is the Legal 

Billing Clerk of The Asheville Citizen-Times, 

engaged in publication of a newspaper known as 

The Asheville Citizen-Times, published, issued, 

and entered as First class mail in the City of 

Asheville, in said County and State; that she is 

authorized to make this affidavit and sworn 

statement; that the notice or other legal 

advertisement, a true copy of which is attached 

hereto, was published in The Asheville CitizenTimes on the following date: Septembel. 30", 

2007. 

And that the said newspaper in which said notice, 

paper, document or legal advertisement was 

published was, at the time of each and every 

publication, a newspaper meeting all of the 

requirements and qualifications of Section 1-597 of 

the General Statues ofNorth Carolina and was a 

qualified newspaper within the meaning of Section 

1-597 of the ijenerai Sratues of North Carolma. 

day of October 2097