Air Quality ENVIRONMENTAL QU ... LITY 

Heather McTeer Toney 

Regional Administrator 

USEP A Region 4 

Atlanta Federal Center 

61 Forsyth Street, SW 

Atlanta, GA 30303-8960 

March 24, 2016 

PAT MCCRORY 

DONALD R. VAN DER V AART 

Secretat:r 

SHEILA C. HOLMAN 

Director 

Subject: Revision to North Carolina's Clean Air Act Section 110(a)(2)(D)(i)(I) "Good 

Neighbor" State Implementation Plan for the 2010 1-Hour Nitrogen Dioxide Standard 

Dear Ms. Toney: 

I am pleased to submit this certification demonstrating that the North Carolina 

Department of Environmental Quality, Division of Air Quality (DAQ) has met the requirements 

of the Clean Air Act Section 110(a)(2)(D)(i)(I) for the 2010 1-hour nitrogen dioxide (N02) 

primary National Ambient Air Quality Standard (NAAQS). This submittal serves as a revision 

to North Carolina's final certification submitted to the U.S. Environmental Protection Agency 

(EPA) on August 23, 2013, demonstrating compliance with Clean Air Act Section l lO(a)(l) and 

(2) infrastructure State Implementation Plan (SIP) requirements for the 1-hour N02 primary 

NAAQS. Attachment 1 contains the public notice and the EPA's no-comment letter. An exact 

duplicate electronic copy is being provided on a compact disk. 

The North Carolina General Statutes identified in this certification are cited as reference 

material only, and should not be adopted as part of North Carolina's SIP. The DAQ believes that 

legal documents and statutes are not required to be adopted into the SIP based upon the EPA 

Federal Register (FR) notice on May 19, 2010 regarding California's legal authority (75 FR 

27938). In this final rule, the EPA 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 under 40 

[Code of Federal Regulation] part 51 (although such provisions are required to be submitted with 

the plan). Thus, [USEP A] could approve, consistent with CAA and [USEP A] requirements, and 

did so in this instance, wholesale revisions to the original legal authority chapter without also 

approving the actual statutory provisions and other legal documents cited there." 

The DAQ issued a public notice announcement on February 19, 2016, in accordance with 

40 CFR 51.102, indicating that the "Revision to North Carolina's Clean Air Act Section 

J JO(a)(2)(D)(i)(I) "Good Neighbor" State Implementation Plan/or the 2010 I-Hour Nitrogen 

Dioxide Standard" was available for public comment and posted on the DAQ website for 

review. The public notice announcement indicated that anyone may request a public hearing. 

State of North Carolina I Environmental Quality I Air Quality 

1641 Mail Setvice Center I 217 W. Jones Street, Suite 4000 I Raleigh, NC 27609-1 641 

919 707 8400 T 
Heather McTeer Toney 

March 24; 2016 

Page 2 

In addition to posting on the DAQ website, the public notice announcement was sent to a 

number of e-mail distribution lists managed by the DAQ that includes numerous stakeholders 

from industry and environmental groups. The DAQ believes that sending the public notice 

announcement to these groups is more effective than publishing the notice 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 the State Implementation Plan 

Submittals and the Use of Letter Notices. " 

Additionally, the Rich Site Summary (RSS) feed on the DAQ website offers regular 

delivery to persons interested in receiving updates to the website content. The document was 

also made available for review during normal business hours at the DAQ Central Office in 

Raleigh and each of the DAQ's seven Regional Offices. 

The public comment period was open from February 19, 2016 through March 21, 2016. 

The DAQ did not receive any requests for a public hearing or any comments from the public or 

the EPA. 

The DAQ believes it has in good faith addressed the requirements of Section 

110(a)(2)(D)(i)(I) for the 2010 1-hour N02 primary NAAQS. If you should have any questions 

regarding this submittal, please contact Randy Strait of my staff at (919) 707-8721. 

SCH/rps 

cc: Michael Abraczinskas, NCDAQ 

Sushma Masemore, NCDAQ 

Randy Strait, NCDAQ 

Scott R. Davis, USEP A 

Lynorae Benjamin, USEPA 

Sincerely, 

&LCM~ Sheila C. Holman, Director 

Division of Air Quality, NCDEQ 

William Barnette, Forsyth County Office of Environmental Assistance and Protection 

Leslie Rhodes, Mecklenburg County Air Quality 

David Brigman, Western Regional Air Quality Agency 
FINAL

Revision to the North Carolina State 

Implementation Plan

Demonstration that North Carolina Complies with the 

“Good Neighbor” Requirements of 

Clean Air Act Section 110(a)(2)(D)(i)(I) 

for the

2010 1-Hour Nitrogen Dioxide

National Ambient Air Quality Standard

Prepared by

North Carolina Department of Environmental Quality

Division of Air Quality

March 24, 2016
Preface: This revision to the North Carolina State Implementation Plan (SIP) for the 2010 1-

Hour Nitrogen Dioxide standard provides information related to infrastructure requirements for 

interstate transport or the “good neighbor” provision of Clean Air Act Section 110(a)(2)(D)(i)(I).
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration i

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

Table of Contents

1.0 Interstate Pollution Transport (Good Neighbor) Provision ...................................................... 1

2.0 North Carolina’s Good Neighbor SIP Demonstration............................................................. 3

2.1 Control Measures, Means, and Techniques............................................................................. 3

2.2 Review of Current NO2 Monitoring Data................................................................................ 4

2.3 Trends in Nitrogen Oxide (NOx) Emissions ........................................................................... 5

2.4 Interstate Transport Considerations....................................................................................... 10

2.5 Interstate Coordination........................................................................................................... 11

3.0 Concluding Remarks.............................................................................................................. 11

List of Tables

Table 2-1. Monitored 2010 1-Hour NO2 NAAQS Design Values (ppb)....................................... 4

Table 2-2. Summary of Nitrogen Dioxide Concentrations at Near Road Monitoring Stations in 

North Carolina for 2014.................................................................................................................. 5

Table 2-3. North Carolina Annual Statewide NOx Emissions (Thousand Tons per Year)........... 5

Table 2-4. Current Air Pollution Controls at North Carolina’s Coal Plants.................................. 7

List of Figures

Figure 2-1. Trends in North Carolina’s Statewide NOx Emissions............................................... 5

Figure 2-2. North Carolina NOx Emissions in 2002 and 2011...................................................... 6

Figure 2-3. Power Plant Related Emission Trends (1999-2013). .................................................. 9

Figure 2-4. Projected Power Plant Related Emissions (2017-2030).............................................. 9
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration ii

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

(This page intentionally left blank)
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 1

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

1.0 Interstate Pollution Transport (Good Neighbor) Provision

Sections 110(a)(1) and (2) of the Clean Air Act (CAA) require all states to adopt and submit to 

the U. S. Environmental Protection Agency (EPA) any revisions to their infrastructure State 

Implementation Plans (SIP) which provide for the implementation, maintenance and 

enforcement of a new or revised national ambient air quality standard (NAAQS). The EPA 

revised the nitrogen dioxide (NO2) NAAQS on January 22, 2010 by adopting a new 1-hour 

primary standard of 100 parts per billion (ppb), measured as a three-year average of the 98th 

percentile concentration. The EPA made no changes to the existing annual standard of 53 ppb 

that was originally promulgated in 1971. On January 20, 2012, the EPA designated all areas of 

the country, including North Carolina, as “unclassifiable/attainment” for the 2010 NO2 NAAQS. 

The North Carolina Department of Environmental Quality, Division of Air Quality (DAQ) 

subsequently submitted North Carolina’s infrastructure SIP certification on August 23, 2013. 

This document serves as a revision to the North Carolina infrastructure SIP to certify compliance 

with Section 110(a)(2)(D)(i)(I) of the CAA. Section 110(a)(2)(D)(i)(I) of the CAA requires that 

North Carolina’s SIP for the 2010 NO2 NAAQS shall-

“(D) contain adequate provisions –

(i) prohibiting, consistent with the provisions of this subchapter, any source or other type of 

emissions activity within the State from emitting any air pollutant in amounts which will -

(I) contribute significantly to nonattainment in, or interfere with maintenance by, any 

other State with respect to any such national primary or secondary ambient air 

quality standard

Section 110(a)(2)(D)(i)(I) of the CAA requires each state to prohibit emissions that will 

significantly contribute to nonattainment of a NAAQS, or interfere with maintenance of a 

NAAQS, in a downwind state. North Carolina’s August 23, 2013 infrastructure certification was 

based on the information available to the states and guidance given by the EPA. Specifically, it 

relied on the August 21, 2012 decision by the U.S. Court of Appeals for the District of Columbia 

Circuit that vacated the 2011 Cross-State Air Pollution Rule (CSAPR) and clarified that only the 

EPA can determine “significant contribution” and that “a SIP cannot be deemed to lack a 

required submission or be deemed deficient for failing to implement the good neighbor 

obligation until after the EPA has defined the state’s good neighbor obligation.”1 In addition, 

the November 19, 2012 EPA memo from Gina McCarthy, Assistant Administrator, cited the 

court decision that “a SIP cannot be deemed deficient for failing to meet the good neighbor 

obligation before EPA quantifies the obligation.” 

However, on April 29, 2014 the U.S. Supreme Court reversed the D.C. Circuit Court ruling, and 

held that (i) the plain text of the CAA allowed the states in the first instance to determine 

whether and to what extent their interstate emissions were unlawful and, where a state failed to 

do so, EPA could impose a Federal Implementation Plan, (ii) EPA’s calculation of the states’ 

 

1 EME Homer City Generation, L.P. b. USEPA, No. 11-1302 (2012).
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 2

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

interstate contributions to downwind nonattainment was a permissible construction of the CAA, 

and (iii) the CAA did not prohibit EPA from considering the cost of emission controls when 

determining the appropriate level of reductions. The Supreme Court further clarified CAA 

Section 110(a)(2)(D)(i)(I) and held that despite the lack of EPA guidance, states are required to 

meet their good neighbor requirements in a timely manner.

2

 

In accordance with the U.S. Supreme Court’s decision, the DAQ reviewed the most recent three 

years of monitoring data for North Carolina and its neighboring states as well as statewide trends 

in NOx emissions. The results of the DAQ’s review is presented in this SIP revision which 

demonstrates that North Carolina does not contribute significantly to downwind NO2 air quality 

problems in another state. 

 

2 EPA v. EME Homer City Generation, L.P. 134 S.Ct 1584, 1600-01 (2014).
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 3

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

2.0 North Carolina’s Good Neighbor SIP Demonstration

2.1 Control Measures, Means, and Techniques

The following rules address additional control measures, means, and techniques that ensure that 

North Carolina is not interfering with attainment or maintenance of the 1-hour NO2 NAAQS in a 

downwind state:

 15A NCAC 2D .0400 “Ambient Air Quality Standards"

 15A NCAC 2D .0500 “Emission Control Standards"

 15A NCAC 2D .0600 “Monitoring: Recordkeeping: Reporting”

 15A NCAC 2D .1000 “Motor Vehicle Emission Control Standards”

 15A NCAC 2D .1200 “Control of Emissions from Incinerators”

 15A NCAC 2D .1400 “Nitrogen Oxides”

 15A NCAC 2D .1600 “General Conformity”

 15A NCAC 2D .2000 “Transportation Conformity”

 15A NCAC 2D .2200 “Special Orders”

 15A NCAC 2D .2300 “Banking Emission Reduction Credits”

 15A NCAC 2D .2600 “Source Testing”

 15A NCAC 2Q .0500 “Title V Procedures"

 2002 North Carolina Clean Smoke Stacks Act (CSA), Session Law 2002-4 (NCGS 143-

215.107d)

o On September 26, 2011, the nitrogen oxide (NOx) and sulfur dioxide (SO2) emissions 

caps in the CSA became federally enforceable as part of North Carolina’s SIP (76 FR 

59250)

 Federal Implementation Plan - Cross State Air Pollution Rule (CSAPR)

Although North Carolina is not relying on CSAPR for maintaining compliance with the NO2

NAAQS, CSAPR is a federally enforceable program that once fully implemented may yield 

residual NOx and SO2 emissions reduction benefits. On April 29, 2014, the U.S. Supreme Court 

reversed the D.C. Circuit Court of Appeals’ decision to vacate CSAPR. Following this ruling, 

on October 23, 2014 the D.C. Circuit granted the EPA’s request to lift the CSAPR stay and toll 

the CSAPR compliance dates by three years. Beginning on January 1, 2015, NOx and SO2

emissions levels under Phase I took effect. However, on July 28, 2015, the D.C. Circuit Court of 

Appeals issued a decision invalidating the EPA’s 2014 ozone-season NOx budgets for North 

Carolina and 10 other states.3 The Court remanded without vacatur to the EPA to reconsider the 

Phase II NOx budgets that may be too restrictive, but did not sustain other challenges to the rule. 

The EPA is addressing the Court remand to reconsider the ozone-season NOx emissions budgets 

for certain states including North Carolina in its proposed Cross-State Air Pollution Rule Update 

for the 2008 Ozone NAAQS.

4

 North Carolina is on track to comply with the Phase I CSAPR 

requirements which are federally enforceable. 

 

3 EPA v. EME Homer City Generation, L.P. U.S. Court of Appeals for the D.C. Circuit, No. 11-1302 (July 28, 

2015), http://www.epa.gov/airtransport/CSAPR/index.html. 

4 80 FR 75706, December 3, 2015.
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 4

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

NCGS 143-215.107(a)(5), Air quality standards and classifications, provides the North Carolina 

Environmental Management Commission (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.”

2.2 Review of Current NO2 Monitoring Data

For the purpose of evaluating compliance with the good neighbor provisions, the DAQ examined 

the 1-hour NO2 design values calculated from EPA-validated monitoring data collected from 

2012 through 2014. For North Carolina and for the states surrounding North Carolina, the 

monitored design values are less than 50 percent of the 100 ppb 1-hour NO2 standard (see Table 

2-1). These data, along with the fact that the EPA has designated all areas of the country as 

“unclassifiable/attainment” for the standard, show that North Carolina does not contribute 

significantly to downwind NO2 air quality problems in any state.

Table 2-1. Monitored 2010 1-Hour NO2 NAAQS Design Values (ppb)

State Location

2012-2014 Monitoring Data

Design Value

Percent of 100 ppb NO2

NAAQS

NC Forsyth County 41 41

GA DeKalb County 49 49

TN Sullivan County 49 49

VA Charles County 43 43

SC No Valid Data No Valid Data

Source: EPA-validated design values in this table are taken from the EPA Air Trends website at: 

http://www3.epa.gov/airtrends/values.html; file “NO2_DesignValues_20122014_FINAL_08_06_15.xlsx; Tab 

Table 6b.” The design values in this table reflect the highest design value recorded by a monitor in each state. 

When the EPA established the 1-hour NAAQS in 2010, it also established a new NO2 monitoring 

network to support the new standard. As a part of the new network, state and local agencies are 

required to establish near-road monitoring sites because on-road mobile sources can be major 

sources of NO2 emissions in urban areas. These micro-scale near-road NO2 monitoring stations 

are required in each core-based statistical area (CBSA) with a population of 500,000 or more 

persons and to be located near a major road with high average annual daily traffic (AADT)

counts (i.e., to monitor a location of expected maximum hourly NO2 concentrations). Stations in 

CBSAs with over 1,000,000 people were required to begin monitoring on January 1, 2014. To 

carry out this requirement, North Carolina established near-road monitors in two CBSAs with 

over 1,000,000 people: the Charlotte-Concord-Gastonia area and the Raleigh area. Monitoring 

started in January 2014 in the Raleigh area and July 2014 in the Charlotte area. 

Table 2-2 provides a summary of the 2014 near-road monitoring data. These results show that 

monitored NO2 concentrations are well below both the 1-hour and annual NO2 standards and;

therefore, emissions from mobile sources are highly unlikely to contribute to nonattainment, or 

interfere with maintenance, of the NO2 NAAQS in a downwind state. 
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 5

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

Table 2-2. Summary of Nitrogen Dioxide Concentrations at Near Road Monitoring 

Stations in North Carolina for 2014

CBSA Start Date

98th percentile of 1-Hour 

Daily Maximums

Annual Average of 

all Hourly Values

2014 Percent 

Completeness

Charlotte July 17, 2014 39.3 ppb 11.4 ppb 36%

Raleigh Jan. 8, 2014 36.4 ppb 10.5 ppb 85%

Sources: Data downloaded from AQS Data Mart (http://www3.epa.gov/airdata/ad_maps.html) on Nov. 9, 2015. 

Files from which the data were obtained are the annual summary data files for Remount Road and Triple Oak Road: 

“annual_37_119_0045_2014” and “annual_37_183_0021_2014,” respectively.

2.3 Trends in Nitrogen Oxide (NOx) Emissions

As shown in Figure 2-1 and Table 2-3, North Carolina’s statewide annual NOx emissions have 

significantly declined since 1996 due to the state and federal programs. Based on the EPA’s 

triennial emissions inventory data, from 1996 through 2011, NOx emissions have declined by 

about 50 percent. From 2011 through 2017, NOx emissions are estimated to decline by an 

additional 39 percent. 

Figure 2-1. Trends in North Carolina’s Statewide NOx Emissions.

Table 2-3. North Carolina Annual Statewide NOx Emissions (Thousand Tons per Year)

Pollutant 1990 1996 1999 2002 2005 2008 2011 2013 2017

NOx 631 739 660 609 523 459 365 296 234

Sources: For 1990 through 2008, emissions are from the EPA’s National Emissions Inventory located at

http://www.epa.gov/air-emissions-inventories. 

For 2011, emissions are from the EPA’s 2011 v6.2 modeling platform emissions summary, located at:

ftp://ftp.epa.gov/EmisInventory/2011v6/v2platform/reports/2011eh_state_fullSCC_summary.xlsx.

For 2017, emissions are from the EPA’s 2017 v6.2 modeling platform emissions summary, located at: 

ftp://ftp.epa.gov/EmisInventory/2011v6/v2platform/reports/2017eh_cb6v2_v6_11g_state_sector_totals.xlsx.

0

100

200

300

400

500

600

700

800

1990 1996 1999 2002 2005 2008 2011 2013* 2017*

Thousand Tons / Year

Includes emissions from power plants, non electric generating units (EGU), mobile sources, and area sources.

* Denotes projected values.
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 6

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

The NOx emissions values shown in Figure 2-1 and Table 2-3 for 1990 through 2011 and 2017 

are based on EPA datasets. For 2013, emissions were estimated by the DAQ because EPA 

estimates were not readily available for 2013. For the EGU and non-EGU facilities in the 97 

counties that report directly to the DAQ, annual emissions are based on the 2013 emissions 

reported by the facilities. For three local programs (Buncombe, Forsyth, and Mecklenburg), 

2011 NEI emissions were adjusted to 2013 using the 2013-to-2011 NOx ratio of statewide EGU 

and statewide non-EGU annual emissions reported by facilities in the 97 counties. For the 

onroad, nonroad, and area source categories, the EPA’s 2011 emissions modeling platform 

(EMP, version 2) emissions were adjusted to 2013 by using the 2013-to-2011 NOx ratio of 

emissions for each sector developed from 2011 and 2013 emissions modeled for the Charlotte 

maintenance area for the 2008 8-hour ozone standard. The 2013 estimates were checked for 

reasonableness against the EPA’s 2017 EMP, version 2 emissions estimates.

5

 

Figure 2-2 illustrates the annual NOx emissions inventory for 2002 and 2011 by sector. 

Statewide emissions have declined dramatically, particularly in the electricity generating and 

onroad sectors. Total NOx emissions declined by nearly 40 percent from 2002 to 2011. 

Figure 2-2. North Carolina NOx Emissions in 2002 and 2011.

Total NOx emissions from the electricity generating unit (EGU) sector have declined dramatically 

primarily due to North Carolina’s 2002 landmark legislation called the CSA which set entity-wide 

caps on the total annual emissions of NOx and SO2 from investor-owned coal-fired EGUs.6 The 

CSA emissions limits were set at 56,000 tons/year for NOx by 2009 and thereafter and 130,000 

 

5 The Charlotte maintenance area for the 2008 8-hour standard includes all of Mecklenburg County and portions of

Cabarrus, Gaston, Iredell, Lincoln, Rowan and Union Counties. See Table 1 (Counties and Townships within the 

Charlotte Nonattainment Area) in the Redesignation Demonstration and Maintenance Plan for The CharlotteGastonia-Salisbury, North Carolina 2008 8-Hour Ozone Marginal Nonattainment Area, April 16, 2015 located at: 

https://deq.nc.gov/about/divisions/air-quality/air-quality-planning/state-implementation-plans/charlotte-gastoniasalisbury-nc-2008-8-hour-ozone-area. 

6 Clean Smokestacks Act, 2002 N.C. Session Law 72 (codified as amended at N.C. General Statutes §§62-133.6 and 

in other sections of ch. 143, article 21B (2011).
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 7

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

tons/year for SO2 by 2013 and thereafter. This means that, relative to 1999 levels, coal-fired 

EGUs must achieve a 77 percent reduction in NOx emissions and a 73 percent reduction in SO2

emissions by 2013. These limits have been adopted into the North Carolina SIP and are 

federally enforceable. 

An important feature of the CSA is that North Carolina's two largest utility companies, Duke 

Energy and Progress Energy (recently merged to form Duke Energy Progress), must achieve 

these cuts through actual reductions at their 14 EGU facilities in the state. By 2014, seven coal 

plants remained operating while four plants were converted to natural gas and three smaller 

plants were retired. The seven remaining coal plants are retrofitted with selective catalytic 

reduction (SCR) or selective non-catalytic reduction (SNCR) technologies for NOx control. 

SCR is the most efficient technology available to control NOx emissions and is in place at all but 

seven units. Table 2-4 summarizes the current emission controls at each of the seven operating 

coal plants. 

Table 2-4. Current Air Pollution Controls at North Carolina’s Coal Plants

The information in Table 2-3 does not reflect future actions that Duke Energy will be 

implementing at its GG Allen and Ashville plants that will significantly reduce NOx and SO2

emissions. For the GG Allen plant, a consent decree agreement between the EPA and Duke 

Energy requires Duke Energy to meet a specified annual NOx emission rate and mass emissions 

limit for coal-fired units 1 and 2 and permanently shut down units 1, 2, and 3 by December 31, 

Facility Units NOx 

Controls

SO2 

Controls

PM2.5 

Controls

Mercury 

Controls

GG Allen 1, 2, 3, 4, 5

SNCR

FGD

ESP/ Wet 

Scrubber

SCR/ESP/ Wet 

Scrubber

Asheville 1, 2 SCR

Belews Creek 1, 2 SCR

Cliffside

5

SCR

6

Fabric filter/ 

Wet scrubber

SCR/Spray 

dryer/ Fabric 

filter/Wet 

Scrubber

Marshall 1, 2, 3, 4 SCR/SNCR ESP/ Wet 

Scrubber

SCR/ESP/ Wet 

Mayo 1A, 1B Scrubber SCR Roxboro 1, 2, 3, 4

Total 21

SCR: selective catalytic reduction

SNCR: selective non-catalytic reduction

FGD: flue gas desulfurization

ESP: electrostatic precipitation
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 8

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

2024.7 In March 2016, the North Carolina Utilities Commission approved Duke Energy’s 

application to invest approximately $1 billion in its Ashville plant to construct two 280-

megawatt combined cycle natural gas-fired EGUs to replace, by 2020, two coal-fired EGUs with 

a combined generation capacity of 376 megawatts. The company plans to work with the City of 

Asheville, Buncombe County and surrounding communities to decrease energy use in the ninecounty service area. Over the next seven years, Duke Energy plans to file an application with the 

North Carolina Utilities Commission for approval of a minimum of 15 megawatts of new solar 

generation and 5 megawatts of utility-scale electricity storage at its Ashville plant.8

As of calendar year 2014, statewide NOx emissions from the affected EGUs continue to be 

below the CSA limit. In 2014, annual NOx emissions were 34,847 tons, which is well below the 

56,000 tons annual limit. Furthermore, EGU-related NOx emissions levels during the ozone 

season have been below the 2012 CSAPR emissions limit which was put on hold during the 

extended litigation period. North Carolina is well positioned to comply with the Phase I CSAPR 

limit which took effect on January 1, 2015. Note that although North Carolina is not relying on 

CSAPR for maintaining compliance with the NO2 NAAQS, CSAPR is a federally enforceable 

program that once fully implemented may yield residual NOx emissions reduction benefits. 

In addition to the early installation of emission control technologies, North Carolina’s power 

plants are ahead of the nation in transitioning from coal to natural gas and renewable resources. 

Between the period of 2002 and 2012, electricity generation from coal plants declined from 62 

percent to 45 percent; while the generation from natural gas increased from 2 percent to 15 

percent. Figure 2-3 illustrates the resulting change in NOx emission levels from all fuel types 

within the electric utility sector. This trend is expected to continue into the future, with further 

reduction in coal capacity utilization. Figure 2-4 illustrates the current projected NOx emission 

levels for the major electric power plants in the state. 

According to the EPA’s emissions projections, emissions are expected to continue to decline 

through 2017 and beyond due to on-the-books national rules for onroad and nonroad mobile 

sources including the following:

Onroad

 Tier 3 Motor Vehicle Emission and Fuel Standards Program, 

 Light-Duty Vehicle Tier 2 Rule, 

 Heavy Duty Diesel Rule, 

 Mobile Source Air Toxics Rule, 

 Renewable Fuel Standard, 

 Light-Duty Greenhouse Gas/Corporate Average Fuel Efficiency Standards for 2012-2016, 

 Heavy-Duty Vehicle Greenhouse Gas Rule, and

 

7 Consent decree between the United States of America on behalf of the US EPA and Duke Energy Corporation, 

Civil Action No.: 1:00 cv 1262, September 10, 2015, see http://www2.epa.gov/enforcement/duke-energycorporation-clean-air-act-caa-settlement.

8 Duke Energy (http://www.duke-energy.com/western-carolinas-modernization/#C0R0) and Electric Energy Online 

(http://www.electricenergyonline.com/detail_news.php?ID=566833&cat=;87;59&niveauAQ=0). 
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 9

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

 2017 and the Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and 

Corporate Average Fuel Economy Standards Rule. 

Nonroad

 Clean Air Nonroad Diesel Final Rule - Tier 4

 Control of Emissions from Nonroad Large Spark-Ignition Engines, and Recreational Engines 

(Marine and Land-Based)

 Small Engine Spark Ignition (“Bond”) Rule

Figure 2-3. Power Plant Related Emission Trends (1999-2013).

9

Figure 2-4. Projected Power Plant Related Emissions (2017-2030).

 

9 US. Energy Information Administration, Energy Information Administration, State Electricity Profiles, See Table 7 

(Electric power industry emissions estimates, 1990 through 2013) 

http://search.usa.gov/search?affiliate=eia.doe.gov&query=eia+electricity+state+north+carolina+xls+sept+07+il+xls, 

(accessed February 2015).

0

50,000

100,000

150,000

200,000

250,000

NOx Emissions (short tons)

Coal

Total

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

45,000

2011 2012 2013 2014 2017 2018 2019 2023 2025 2030

NOx Emissions (tons)

Total

Coal

NGCC

NGCT

2 Estimated based on Duke Power heat input projections
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 10

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

The DAQ believes that, in conjunction with the continued implementation of the state’s ability to 

limit NOx emissions through North Carolina’s CSA and federally enforceable emission 

limitations and other control measures, means, or techniques, low monitored values of NO2 will 

continue in and around North Carolina. In other words, NO2 emissions and NOx precursor 

emissions from North Carolina are not expected to cause or contribute to a violation or interfere 

with the maintenance of the 2010 1-hour NO2 NAAQS in another state.

2.4 Interstate Transport Considerations

Because of the short-term form of the NO2 standard, it is anticipated that a violation of the 

standard would be associated with local conditions near the emissions source(s) rather than 

caused by long-range transport of NOx emissions. This is supported by the following statement 

on pages 15 and 16 of the EPA’s March 1, 2011 modeling guidance for the 1-hour NO2 standard:

“A general “rule of thumb” for estimating the distance to maximum 1-hour impact and the 

region of significant concentration gradients that may apply in relatively flat terrain is

approximately 10 times the source release height. For example, the maximum impact area 

and region of significant concentration gradients associated with a 100 meter stack in flat 

terrain would be approximately 1,000 meters downwind of the source, with some variation 

depending on the source characteristics affecting plume rise. However, the potential 

influence of terrain on maximum 1-hour pollutant impacts may also significantly affect the 

location and magnitude of concentration gradients associated with a particular source. Even 

accounting for some terrain influences on the location and gradients of maximum 1-hour 

concentrations, these considerations suggest that the emphasis on determining which nearby 

sources to include in the modeling analysis should focus on the area within about 10 

kilometers of the project location in most cases.”

10

The DAQ reviewed recent Prevention of Significant Deterioration (PSD) program modeling

studies completed for one new EGU natural gas facility (NTE Energy) and a modification to an 

existing natural gas EGU facility (Duke Energy – Rockingham) in North Carolina. For these two 

facilities, PSD modeling using maximum allowable (i.e., worst-case) NOx emissions indicate 

that the maximum 1-hour NO2 concentration of 98 ppb would be below the standard and would 

occur at about 8 kilometers from each facility. The PSD modeling performed for these facilities 

followed EPA’s Tier 2 ambient ratio method that recommends use of 0.8 as the default NO2/NOx 

ambient ratio for the hourly NO2 standard.

For the Duke Energy – Rockingham modeling analysis, maximum allowable emissions were 

modeled for the facility as well as 14 other facilities within 50 kilometers of the Rockingham

facility (including Duke Energy’s Belews Creek coal plant). 11 Total maximum allowable annual 

 

10 Additional Clarification Regarding Application of Appendix W Modeling Guidance for the 1-hour NO2 ,National 

Ambient Air Quality Standard, EPA Air Quality Modeling Group to Regional Air Division Directors, March 1, 

2011, http://www3.epa.gov/ttn/scram/guidance/clarification/Additional_Clarifications_AppendixW_Hourly-NO2-

NAAQS_FINAL_03-01-2011.pdf.

11 Air Permit Application, Alternative Short Term NOx BACT Limit for Five Simple Cycle Turbines, Rockingham 

County Combustion Turbine Station, Permit No. 08731T13, Facility ID No. 7900156, Reidsville, North Carolina. 

Prepared by Duke Energy Carolinas, LLC by URS Corporation, December 2014. 
Revision to North Carolina Infrastructure State Implementation Plan Final

Clean Air Act Section 110(a)(2)(D)(i)(I) “Good Neighbor” Demonstration 11

2010 1-Hour Nitrogen Dioxide NAAQS March 24, 2016

emissions modeled for all 15 facilities combined were 103,020 tons. To place things in 

perspective, total actual NOx emissions in 2011 are 58,911 tons for all of North Carolina’s EGUs

combined, and 83,950 tons for all of North Carolina’s stationary point sources combined. Thus, 

the total maximum allowable emissions modeled for this one facility are about 15 percent more 

than total statewide actual NOx emissions in 2011 for all of North Carolina’s EGU and non-EGU 

point sources combined and yet the modeling showed attainment of the 1-hour NO2 NAAQS. 

The modeling guidance and the PSD studies support the conclusion that potential exceedances of 

the 1-hour standard would most likely be associated with local conditions and not associated 

with mid- or long-range transport of NOx emissions. The EPA has designated all areas of the 

country as “unclassifiable/attainment” for the 2010 1-hour NO2 NAAQS, indicating that 

emissions from existing sources are not contributing to NO2 nonattainment issues in any state in 

the nation. All NO2 monitors in North Carolina and neighboring states are measuring ambient 

NO2 concentrations below the 2010 NAAQS as shown earlier in Table 2-1. A future major new 

or major modification to an existing NOx emissions source will undergo close review through 

North Carolina’s PSD program to identify and address any potential transport issues to ensure 

that North Carolina prohibits emissions that would significantly contribute to nonattainment or 

interfere with maintenance of the 1-hour NO2 NAAQS in a downwind state.

2.5 Interstate Coordination

The DAQ enjoys a good, on-going working relationship with our counterparts in our border 

states (i.e., Virginia, South Carolina, Georgia and Tennessee). The DAQ also maintains good 

working relationships with other state, local and federal agencies by actively participating as a 

member of the Southeastern States Air Resource Managers (SESARM) and Mid-Atlantic 

Regional Air Management Association, Inc. (MARAMA) regional planning organizations. 

These relationships include sharing emissions data, modeling studies and other technical 

information to support multi-state air quality planning to ensure compliance and maintenance 

with the NAAQS. Should a state raise a concern with North Carolina emissions sources 

potentially affecting the state’s ability to comply with the 1-hour NO2 NAAQS, the DAQ would 

coordinate with the state to share information and technical analyses to determine the extent of 

contributions and to evaluate the need for emissions control measures, if required. 

3.0 Concluding Remarks

Considering the monitoring data and downward trend in statewide NOx emissions previously 

discussed, we are concluding through this demonstration that North Carolina does not 

significantly contribute to 1-hour NO2 issues in downwind states. This in large part is due to the 

significant strides North Carolina has achieved in reducing its NOx emissions over the past 

several years. Based on EPA’s guidance contained in the January 22, 2015 memorandum, states 

shown to not contribute significantly to downwind air quality problems have no emission 

reduction obligation under the Good Neighbor Provision.12 The DAQ concludes that North 

Carolina has met its Good Neighbor Provision under the CAA with respect to the 2010 1-hour 

NO2 standard.

 

12 USEPA January 22, 2015 memorandum, Information on the Interstate Transport "Good Neighbor" Provision for 

the 2008 Ozone National Ambient Air Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I). 
(This page intentionally left blank)
Attachment 1

North Carolina Department of Environmental Quality

Public Notice and EPA No Comment Letter
(This page intentionally left blank)
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY 

PUBLIC NOTICE 

PURPOSE: 

COMMENT 

PROCEDURES: 

REQUESTS FOR A 

PUBLIC HEARING: 

INFORMATION: 

Date: ~1 lS / U, 

The North Carolina Department of Environmental Quality, Division of Air Quality 

(NCDAQ) hereby gives notice regarding a Pre-Hearing Draft Revision to its 2010 1-Hour 

Nitrogen Dioxide (N02) Standard Infrastructure State Implementation Plan (SIP), 

Element 11 O(a)(2)(D)(i)(I), referred to as the "Good Neighbor" provision. This SIP 

revision demonstrates that based on currently available air quality monitoring and 

modeling data and the downward trend in statewide NOx emissions, emissions activities 

within North Carolina will not significantly contribute to nonattainment or interfere with 

maintenance of the 2010 I-hour N02 NAAQS in a neighboring state. Persons wishing to 

submit comments or request a public hearing are invited to do so. 

Any person wishing to comment may submit a written statement for inclusion in 

the record of proceedings regarding the Revision to the 2010 I-Hour N02 Infrastructure 

SIP, Element 11 O(a)(2)(D)(i)(I). Written comments should be received by no later than 

March 21, 2016. 

Requests for a public hearing must be in writing and include a statement supporting the 

need for such a hearing, an indication of your interest in the subject, and a brief summary 

of the information intended to be offered at such hearing. A public hearing will be 

scheduled if requested. A separate notice will be announced for the hearing including the 

date, time and location. Written requests for a public hearing should be received no later 

than Monday, March 21, 2016 and addressed to Randy Strait, Division of Air Quality, 

1641 Mail Service Center, Raleigh, North Carolina 27699-1641. 

Copies of the Pre-Hearing Draft Revision to the 2010 1-Hour Nitrogen Dioxide 

Infrastructure SIP, Element 110(a)(2)(D)(i)(I), may be downloaded from the DAQ 

website at https://deg.nc.gov/about/divisions/air-guality/air-guality-planning/stateimplementation-plans/1 1 Qi-infrastructure-certifications. 

Comments can be submitted electronically to: 

daq.publiccomments@ncdenr.gov 

(Please type "2010 N02 SIP Revision" in the subject line) 

Comments can be mailed or faxed to: 

Randy Strait 

NC Division of Air Quality 

1641 Mail Service Center 

Raleigh, NC 27699-1641 

Fax: (919) 707-8715 

The Pre-Hearing Draft Revision to the Infrastructure SIP, Element 110(a)(2)(D)(i)(I) 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 

Asheville Regional Office 

Fayetteville Regional Office 

Mooresville Regional Office 

Raleigh Regional Office 

Washington Regional Office 

Wilmington Regional Office 

Winston-Salem Regional Office 

~~r 

(919) 707-8721 

(828) 296-4500 

(910) 433-3300 

(704) 663-1699 

(919) 791-4200 

(252) 946-6481 

(910) 796-7215 

(336) 771-5000 
(This page intentionally left blank)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

Sheila C. Holman, Director 

Division of Air Quality 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

MAR 1 7 20\6 

North Carolina Department of Environmental Quality 

217 W. Jones Street, Suite 400 

Raleigh, North Carolina 27609-1641 

Dear Mrs. Holman: 

Thank you for the opportunity to review your proposed revisions to the North Carolina's Clean Air Act 

Section 11 O(a)(2)D)(i)(I) "Good Neighbor" State Implementation Plan for the 2010 I-Hour Nitrogen 

Dioxide Standard. We have completed our review of this prehearing submittal and offer no comments at 

this time. 

We look forward to continuing to work with you and your staff. If you have any questions, please 

contact Ms. Lynorae Benjamin, Chief, Air Regulatory Management Section at ( 404) 562-9040, or have 

your staff contact Ms. Tiereny Bell at (404) 562-9088. 

Sincerely, 

·12)Af~ R. Scott Davis 

Chief 

Air Planning & Implementation Branch 

Internet Address (URL) • http://www.epa.gov 

RecycledfRecyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)