### North Carolina Department 

### of Environmentand Natural 

### Resources Division of 

### Air Quality 

### Beverly Eaves

### Perdue 8. KeithOvercash,P.E. Dee 

### Freeman 

### Governor Director 

### Secretary

9 

### August 20,2009

Richard A Schutt,

### Chief Air Programs Branch Air, Pesticides, and Toxics ManagementDivision U.S. Environmental ProtectionAgency, Region 4 Atlanta Federal Center 

### 6

### 1Forsyth Street, S W 

### Atlanta, GA 

### 30303-8909

Subject: Public Comment Period on 1

### 10(a)TnfiastructureCertification

Dear 

### Mr. Schutt:

EncIosed 

### you will find 

### a public notice and proposed Certification of 

### 11 0(a) Infrastructure Requirementsfor Fine Particulate Matter (PM2.5).The Certification is available for public comment through September 10,2009.The commentperiod was noticed in fivepapers across the
stateby 

### August 12,2009.



### Your comments on the proposals are welcome. Please provide your comments by September 21, 2009. A final submittal 

### will be made following the comment period as 

### appropriatebased on EPA's guidance at 

### that time.

Sincerely, 

# b- B. 

### Keith Overcash,

### P.E.

BKO/lbljb



### Enclosures

1641 Mail Service Center, Raleigh, North Carolina 27699-1641 2728 Capital Blvd., Raleigh, NC 27654 Phone. 979-733-3340 1 FAX 919-715-7775 I Internet: w.ncair.org

An Equal Opportunity/Affimative Action Employer

### NORTH CAROLINA 

### DEPARTMEhi 

### OFENVIRONMENT & NATURAL 

### RESOURCES

PURPOSE: 

### PUBLIC NOTICE

The North Carolina Department of Environment and Natural Resources, Division of Air Quality ('NCDAQ)hereby gives notice regarding its Certification of Clean Air Act Section 

### I 1O(a)(l) and 

### (2)Requirements for Fine Particulate Matter (PM2.5). The certification describes basic program "infrastructure" elements that address the provisions of Section 11 O(a)(l) and 

### (2).Persons wishing to submit comments regarding the certification are invited to do so.



### COMMENT Any person wishing to comment may submit a written statement PROCEDURES: for inclusion in therecord ofproceedings regarding the Certification of Clean Air Act Section 110(a)(l) and (2) Requirements for Fine Particulate Matter 

### (Ph42.5). Written comments should bereceived by no later than September 10,2009.

INFORMATION: Comments can be submitted electronically or sent to the following:

daq.publiccomments@ncdenr.gov (Please type "1 10(a) Infi-astructure" in the subject line)

Laura Boothe NC Division of Air Quality 1641 Mail Service Center Raleigh, NC 27699-1641 Phone: (919) 733-1488 Fax: (919)715-7476

Copies of the certification maybe downloaded from the NCDAQ web site at http://www.ncair.org/planning/nc-sipshtml

The certification may bereviewed in person during normal business hours at the following North Carolina Department of Environment 

### and Natural Resources, Division of Air Quality offices:

Raleigh Central Office, Planning Section 919-733-1 

### 1 15 Asheville 8281296-4500 Fayetteville 9101433-3300 Mooresville 704/663-1699 Raleigh 919/791-4200 Washington 2521946-648 1 Wilinington 910/796-721

### 5 Winston-Salem 3361771-5000

Date: 

# e

### Attachment 1



### North Carolina Certification Clean Air Act Section 

### 1lO(a)(l) and 

### (2) Fine Particulate Matter (PM2.5) Requirements

Under the Clean Air Act (CAA) Statesmust submit StateImplementation Plans (SIPs) for areas designated as nonattainment for the National Ambient Air Quality Standards (NAAQS). Section I 10(a)(l)and (2) of the Clean Air Act (CAA) require states to adopt and submitto the US EPA "infrastructure" SIPs that address basic program elements to implement, maintain, and enforce

new or revised standards includingrequirements for emissions inventories, monitoring, and modeling among other elements. Each of the basic or infrastructure requirements is listed below along with the corresponding State regulation or State statute implementing each SIP element.

Emission limits and other control measures: Section 110(a)(2)(A) ofthe Clean Air Act requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance and other related matters. 15A North Carolina Administrative Code (NCAC) 2D .0500, "Emission Control Standards 

### ", serves to establish emission limits for particulate matter (PM) and PM2.5 precursor pollutants. The following regulations address the required control measures, means and techniques: 15A NCAC 2D .0600 "Monitoring:Recordkeeping: Reporting" 

### 15A NCAC 2D .0900 "Volatile Organic Compounds" 

### 15A NCAC 2D .lo00 "Motor Vehicle Emission Control Standards" 

### 15A NCAC 2D .I200 "Control of Emissions from Incinerators" 

### 15A NCAC 2D .I600 "General Conformity" 

### 15A NCAC 2D .I700 "Municipal Solid WasteLandfills" 

### 15A NCAC 2D .I800 "Control ofOdors" 

### 15A NCAC 2D .I900 "OpenBurning" 

### 15A NCAC 2D .2000 "Transportation Conformity " 

### 15ANCAC 

### 2D .2200 "Special Orders" 

### 15ANCAC 2D .2300 "BankingEmission Reduction Credits" 

### 15A NCAC 2D .2400 "CleanAir Interstate Rules" 

### 15A NCAC 2D .2600 "Source Testing"



### North Carolina General Statute (NCGS) 143-2l5.l07(a)(5),Air quality standards and classijications, 

### provides the EMC with the statutory authority, "To develop and adopt emission control standards as in the judgment of the Commission may be necessary to prohibit, abate, or control air pollution commensurate with established air quality standards."

Ambient air quality monitoringldata system: Section 110(a)(2)(B) of the CAA requires SIPs to provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to EPA upon request. The 2009 Annual Monitoring Network Plan for North Carolina Air Quality (submitted to EPA on June 30,2009) provides for an 

# e ambient air quality monitoring system in the State. NCGS 143-215.107(a)(2),Air quality standards and classijications, 

### provides the EMC with the statutory authority "To determine byAttachment 

### 1

means of field sampling and other studies, including the examination of available data collected by any local, State or federal agency or any person, the degree of air contamination and air pollution in the State and the several areas of the State."



### Program for enforcement of control measures: Section 110(a)(2)(C)ofthe CAA requires
states to include a program to provide for the enforcement of the measures described in subparagraph (A) and regulation of the modification and construction of any stationary source within the areas covered by the plan asnecessary to assure that national ambient air quality standards are achieved, including a permit program. Under 15ANCAC 20.0500 "Emission Control Standards", 2D .0530 "Prevention of SignzjkantDeterioration" applies to the construction of any new major stationary source or any project at an existing major stationary

source in an area designated as attainment or unclassifiable. 15A NCAC 2D .0531 "Sources in Nonattainment Areas" applies to the construction of any new major stationary source or major modification at an existing major stationary source in an area designated as nonattainrnent. 15A NCAC 2Q .0300 "Construction andOperation Permits", requires stationary sources prior to construction or operation to have an air permit if the source is above an emission threshold or operates air pollutant control devices. 15ANCAC 24.0500 "Title 

### VProcedures", establishes an air quality permitting program as required under Title V and 40 CFR Part 70. NCGS 143- 2 15.108 Control ofsources of airpollution; permits required, provides the EMC with the statutory authority to permit sources of air pollution. NCGS 143-215.107(a)(7)Air quality standards andclassiJications, provides the EMC with the statutory authority "To develop and adopt standards and plans necessary to implement programs for the prevention of significant deterioration and for the attainment of air quality standards in nonattainment areas."



### Interstate transport: Section 110(a)(2)(D) of the CAA requires SIPSto contain adequate provisions prohibiting any source or other type of emissions activity in one State from 1) contributing significantly to nonattainment of the National Ambient Air Quality Standards (NAAQS), 2) interfering with maintenance of the NAAQS, and 3) interfering with measures required to prevent significant deterioration or interfering with the implementation ofplans related to regional haze or visibility in another State. On May 25, 2007, North Carolina submitted its 1lO(a)(2)(D)(i) plan to EPA. The followingregulations and legislation address interstate transport: 15ANCAC 2D .0530 "Prevention of SigniJicant Deterioration" 15A NCAC 2D .0531 "Sources in NonattainmentAreas" 15ANCAC 2D .2400 "Clean Air Interstate Rules" Regional Haze SIP submitted to EPA on December 17,2007 2002 North Carolina Clean Smokestacks Act, Session Law 2002-4, NCGS 143-215.107D



### Adequate resources: Section 110(a)(2)(E)of the CAA requires states to provide for adequate personnel, hnding and legal authority under State Law to carry out its SIP and related issues. 15ANCAC 2Q .0200 "Permit Fees", provides the mechanism by which stationary sources that emit air pollutants pay a fee based on the quantity of emissions emitted. The statutory authority
to allow rule making and requiring permit fees canbe found in NCGS 143-215.3 GeneralAttachment 1

powers of Commission andDepartment; auxiliary powers. Additionally, NCGS 143- 2 15.107(a)(l)Air quality standards and classifications,provides the EMC with the statutory authority "To prepare and develop, after proper study, a comprehensive plan or plans for the prevention, abatement and control of air pollution in the State or in any designated area of the State.". In general, the elements of 110(a)(2)(E)are met when EPA does a completeness determination for each SIP submittal. Each submittal provides for adequatepersonnel, funding, and legal authority under state law to carry out the SIPs and related issues. This information is understood and contained in all final SIP submittal packages in the historical record of the rule. In order for all submittals to be deemed complete, all local and regional implementation plans
must be submitted through the state agency and this is how all submissions from the local and regional areas are received for North Carolina.



### Stationary source monitoring system: Section 110(a)(2)(F) of the CAA requires states to establish a system to monitor emissions from stationary sources and to submitperiodic emissions reports. The following Stateregulations require monitoring of emissions from stationary

sources: 15A NCAC 2D .0604 "Exceptions to Monitoring andReporting Requirements " 15ANCAC 2D .0605 "GeneralRecordkeeping andReporting Requirements " 15A NCAC 2D .O611"Monitoring EmissionsJi.om Other Sources " 15A NCAC 2D .O612 "Alternative Monitoring and Reporting Procedures " 15A NCAC 2D .O613 "Quality Assurance Program " 15ANCAC 2D .0614 "ComplianceAssurance Monitoring"

15A NCAC 24.0207 "AnnualEmissions Reporting" requires stationary sources to submit periodic emissions reports to the State. NCGS 143-215.107(a)(4)Air quality standards and classiJications,provides the EMC with the statutory authority "To collect information or to require reporting from classes of sources which, in the judgment of the Environmental Management Commission, may cause or contribute to air pollution."



### Emergency power: Section 110(a)(2)(G) ofthe CAA requires states to provide for authority to address activities causing imminent and substantial endangerment to public health, including contingency plans to implement the emergency episodeprovisions in their SIPs. 15ANCAC 2D .0300 "AirPollution Emergencies" provides the means to implement emergency air pollution episode measures and is authorized under NCGS 143-215.3(a)(l) and NCGS 143.215.3(a)(l2). The requirement for a state to submit an emergency episode plan is based on a priority region classification. For PM2.5, the classification scheme that EPA is planning to propose would require states with a 24-hour PM2.5 concentration above 140pg/m3(using the most recent three years of data) to develop an emergency episode plan. States that do not meet this threshold would be classified as Priority I11 and would not be required to develop an emergency episode plan for PM2.5.Based on these criteria, North Carolina would be classified as a Class I11 Priority Area and therefore should not be required to adopt an Emergency Episode Plan for PM2,5.

### Attachment 1

Future SIP revisions: Section 1lO(a)(2)(H) of the CAA requires states to have the authority to revise their SIPSin response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. NCGS 143-215.107(a)(l) and (a)(lO) provide the authority "To prepare and develop, after proper study, a comprehensive plan or plans for the prevention, abatement and control of air pollution in the State or in any designated area of the State" and "To develop and adopt standards and plans necessary to implement requirements of the federal Clean Air Act and implementing regulations adopted by the United States Environmental Protection Agency", respectively. In addition, in the North Carolina Clean Air Interstate Rules, 15ANCAC 02D .24O1 (d) states that "The EMC may specify through rulemaking a specific emission limit lower than that established under this rule for a specific source if compliance with the lower emission limit is required to attain or maintain the ambient air quality standard for ozone or fine particulate (PM2.5) or any other ambient air quality standard in Section 15ANCAC 02D .0400."

Nonattainment Plans: Section 1 1 O(a)(2)(I) of the CAA requires states to meet the applicable requirements ofpart 

### D (relating to nonattainment areas) asplans or plan revisions for an area designated as a nonattainment area are submitted. This element is met asEPA does a completeness determination for each SIP submittalto ensure all of the appropriate elements listed in part D of the CAA are addressed. NCGS 143-215.107(a)(lO)provides the authority "To develop and adopt standards and plans necessary to implement requirements of the federal Clean Air Act and implementing regulations adopted by the United States Environmental Protection Agency".

Consultation with government officials: Section 110(a)(2)(J) of the CAA requires states to provide a process for consultation with local governments, designated organizations and federal land managers (FLMs) carrying out NAAQS implementation requirements pursuant to section 121relative to consultation. 15ANCAC 2D .2000 "Transportation Conformity" 

### and 15A NCAC 2D .I600 "General Conformity" 

### address the consultation requirements for the conformity process. 15ANCAC 2D .0530 "Prevention ofSigniJicantDeterioration" 

### and 15A NCAC 2D .0531 "Sources inNonattainment Areas" 

### address consultationrequirements with the FLMs when permitting stationary sources. Additionally, the consultation process used to develop separate implementation plans are outlined in the plan submittal and provide for continued consultation with government officials. For example the Regional Haze Implementation Plan submitted December 17,2007, discussed the consultation process between appropriate state, local, and tribal air pollution control agencies as well as the corresponding FLMs.

Public notification: Section 110(a)(2)(J) of the CAA Wherrequires states to notify the public ifNAAQS are exceeded in an area and to enhance public awareness ofmeasures that can be taken to prevent exceedances. 15ANCAC 2D .0300 "AirPollution Emergencies" 

### provides the means to notify the public and to implement emergency air pollution episode measures and is authorized under NCGS 143-215.3(a)(l)and NCGS 143.215.3(a)(12). Additionally, the Department has several public notice mechanisms in place to notify the public of ambient air quality levels of PM2.5 and ozone through the North Carolina Air Quality Forecasting Program and has an extensive outreach program to educate the public and promote voluntary emissionAttachment 

### I 

# @ reduction measures through the North Carolina Air Awareness Program. North Carolina also participates in the EPA AirNOW program, which also enhances public awareness of air quality in North Carolina and throughout the United States.



### PSI) and visibility protection: Section 1lO(a)(2)(J) of the CAA also requires states to meet applicable requirements of Part C related to prevention of significant deterioration and visibility protection. These requirements are addressed through 15ANCAC 2D .0530 "Prevention of Signzjkant Deterioration" and the regional haze implementation plan, submitted to EPA on December 17,2007. NCGS l43-215.107(a)(7) provides the authority "To develop and adopt standards and plans necessary to implement programs for the prevention of significant deterioration and for the attainment of air quality standards in nonattainment areas."



### Air quality modelingldata: Section 1IO(a)(2)(K)of the CAA requires that SIPSprovide for performing air quality modeling so that effects on air quality of emissions from NAAQS pollutants can be predicted and submission of such data to EPA can be made. All current attainment demonstrations submitted to EPA provide air quality modeling for the purpose of predicting the effect of emission sources on the ambient air quality. Additionally, 15ANCAC 2D .0530 "Prevention ofSigniJicantDeterioration" and 15A NCAC 2D .0531 "Sources in NonattainmentAreas" require that air modeling be conducted to determine permit applicability. NCGS 143-215.107(a)(4) provides the statutory authority for conducting modeling. 

# BD

Permitting fees: Section 110(a)(2)(L) ofthe CAA requires states to require each major stationary source to pay permitting fees to cover the costs ofreviewing, approving, implementing, and enforcing a permit. 15ANCAC 2Q .0200 "PermitFees", provides the mechanism by which stationary sources that emit air pollutants pay a fee based on the quantity of emissions emitted. These fees cover the costs of reviewing, approving, implementing and enforcing a permit. The statutory authority to allow permit fees can be found in NCGS 143-2 15.3 General powers of Commission andDepartment; auxiliary powers.

Consultation/participation 

### by affected local entities: Section 110(a)(2)(M) of the CAA requires States to provide for consultation and participation in SIP development by local political subdivision affected by the SIP. 15A NCAC 2D .0530 "Prevention ofSign$cant Deterioration" requires that the Department notify the public of the application, preliminary determination, degree of incremental consumption, and the opportunity for comment prior to making a final permitting decision. 15A NCAC 2D .2000 "Transportation Conformify" requires a consultation with all affected partners to be implemented for transportation conformity determinations. All Attainment Demonstrations, Redesignation Demonstrations, and Maintenance Plans go through a public notification process prior to submittal to EPA for inclusion in the SIP. Additionally, the Regional Haze State Implementation Plan went through an extensive consultation process between appropriate state, local, and tribal air pollution control agencies as well as the corresponding FLMs. All Stateregulations go through the public review process as laid out in the North Carolina Administrative Procedures Act (NCGS 150-21.1 and 150-21.2). Finally, the

### Attachment 1

Division of Air Quality organizes stakeholder meetings to support 

### SIP development and mle- 

# 8

making efforts.