North Carolina Department of Environment and Natural Resources 

Division of Air Quality 

Beverly Eaves Perdue 8. Keith Overcash, P.E. Dee Freeman 

Governor Director Secretary 

9 

August 20,2009 

Richard A Schutt, Chief 

Air Programs Branch 

Air, Pesticides, and Toxics Management Division 

U.S. Environmental Protection Agency, Region 4 

Atlanta Federal Center 

6 1 Forsyth Street, S W 

Atlanta, GA 30303-8909 

Subject: Public Comment Period on 1 10(a) Tnfiastructure Certification 

Dear Mr. Schutt: 

EncIosed you will find a public notice and proposed Certification of 11 0(a) Infrastructure 

Requirements for Fine Particulate Matter (PM2.5). The Certification is available for public 

comment through September 10,2009. The comment period was noticed in five papers across the 

state by 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 appropriate based 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 OF ENVIRONMENT & 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 1 O(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 the record of proceedings regarding the Certification of Clean Air 

Act Section 110(a)(l) and (2) Requirements for Fine Particulate Matter (Ph42.5). 

Written comments should be received 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 

164 1 Mail Service Center 

Raleigh, NC 27699-1641 

Phone: (919) 733-1488 

Fax: (9 19) 71 5-7476 

Copies of the certification may be downloaded from the NCDAQ web site at 

http ://www .ncair.org/planning/nc-sipshtml 

The certification may be reviewed 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 9 19/79 1-4200 

Washington 2521946-648 1 

W ilinington 9 10/796-72 1 5 

Winston-Salem 3361771-5000 

Date: 

e 

Attachment 1 

North Carolina Certification 

Clean Air Act Section 1 lO(a)(l) and (2) 

Fine Particulate Matter (PM2.5) Requirements 

Under the Clean Air Act (CAA) States must submit State Implementation 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 submit to the US EPA 

"infrastructure" SIPs that address basic program elements to implement, maintain, and enforce 

new or revised standards including requirements 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) of the 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 Waste Landfills" 

15A NCAC 2D .I800 "Control of Odors" 

15A NCAC 2D .I900 "Open Burning" 

15A NCAC 2D .2000 "Transportation Conformity " 

15A NCAC 2D .2200 "Special Orders" 

15A NCAC 2D .2300 "Banking Emission Reduction Credits" 

15A NCAC 2D .2400 "Clean Air Interstate Rules" 

15A NCAC 2D .2600 "Source Testing" 

North Carolina General Statute (NCGS) 143-2 l5.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 143-21 5.107(a)(2), Air quality 

standards and classijications, provides the EMC with the statutory authority "To determine by 
Attachment 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) of the 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 as necessary to assure that national ambient air quality 

standards are achieved, including a permit program. Under 15A NCAC 20 .0500 "Emission 

Control Standards", 2D .0530 "Prevention of Signzjkant Deterioration" 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 .053 1 "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 and Operation 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. 15A NCAC 24 .0500 "Title V Procedures", establishes an 

air quality permitting program as required under Title V and 40 CFR Part 70. NCGS 143- 

2 15.108 Control ofsources of air pollution; permits required, provides the EMC with the 

statutory authority to permit sources of air pollution. NCGS 143-2 15.107(a)(7) Air quality 

standards and classiJications, 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 SIPS to 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 of plans 

related to regional haze or visibility in another State. On May 25, 2007, North Carolina 

submitted its 1 lO(a)(2)(D)(i) plan to EPA. The following regulations and legislation address 

interstate transport: 

15A NCAC 2D .0530 "Prevention of SigniJicant Deterioration" 

15A NCAC 2D .053 1 "Sources in Nonattainment Areas" 

15A NCAC 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 1 10(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. 

15A NCAC 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 can be found in NCGS 143 -215.3 General 
Attachment 1 

powers of Commission and Department; 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 adequate personnel, 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 submit periodic emissions 

reports. The following State regulations require monitoring of emissions from stationary 

sources: 

15A NCAC 2D .0604 "Exceptions to Monitoring and Reporting Requirements " 

15A NCAC 2D .0605 "General Recordkeeping and Reporting Requirements " 

15A NCAC 2D .O6 1 1 "Monitoring EmissionsJi.om Other Sources " 

15A NCAC 2D .O6 12 "Alternative Monitoring and Reporting Procedures " 

15A NCAC 2D .O6 13 "Quality Assurance Program " 

15A NCAC 2D .0614 "Compliance Assurance Monitoring" 

15A NCAC 24.0207 "Annual Emissions 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) of the 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 episode provisions in their SIPs. 15A NCAC 2D 

.0300 "Air Pollution Emergencies" provides the means to implement emergency air pollution 

episode measures and is authorized under NCGS 143-2 15.3(a)(l) and NCGS 143.2 15.3(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 140 pg/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 1 lO(a)(2)(H) of the CAA requires states to have the authority to 

revise their SIPS in 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 143-21 5.107(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, 15A NCAC 02D .24O 1 (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 15A NCAC 02D .0400." 

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

requirements of part D (relating to nonattainment areas) as plans or plan revisions for an area 

designated as a nonattainment area are submitted. This element is met as EPA does a 

completeness determination for each SIP submittal to 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 

12 1 relative to consultation. 15A NCAC 2D .2000 "Transportation Conformity" and 15A 

NCAC 2D .I600 "General Conformity" address the consultation requirements for the conformity 

process. 15A NCAC 2D .0530 "Prevention of SigniJicant Deterioration" and 15A NCAC 2D 

.053 1 "Sources in Nonattainment Areas" address consultation requirements 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 Wher requires states to notify the public 

if NAAQS are exceeded in an area and to enhance public awareness of measures that can be 

taken to prevent exceedances. 15A NCAC 2D .0300 "Air Pollution Emergencies" provides the 

means to notify the public and to implement emergency air pollution episode measures and is 

authorized under NCGS 143-2 15.3(a)(l) and NCGS 143.2 15.3(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 emission 
Attachment 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 1 lO(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 15A NCAC 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 1 IO(a)(2)(K) of the CAA requires that SIPS provide 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, 15A NCAC 

2D .0530 "Prevention of SigniJicant Deterioration" and 15A NCAC 2D .053 1 "Sources in 

Nonattainment Areas" require that air modeling be conducted to determine permit applicability. 

NCGS 143-2 15.107(a)(4) provides the statutory authority for conducting modeling. 

BD 

Permitting fees: Section 110(a)(2)(L) of the CAA requires states to require each major 

stationary source to pay permitting fees to cover the costs of reviewing, approving, 

implementing, and enforcing a permit. 15A NCAC 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. 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 and Department; 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 of Sign$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 State regulations go through the public review process as laid out in 

the North Carolina Administrative Procedures Act (NCGS 150-2 1.1 and 150-2 1.2). Finally, the 
Attachment 1 

Division of Air Quality organizes stakeholder meetings to support SIP development and mle- 8 

making efforts.