NA 

NCDENR 

North Carolina Department of Environment and Natural Resources 

Division of Air Quality 

Beverly Eaves Perdue 

Governor 

A. Stanley Meiburg 

Acting Regional Administrator 

USEP A Region 4 

Atlanta Federal Center 

61 Forsyth Street, SW 

Atlanta, GA 30303-8960 

Dear Mr. Meiburg: 

B. Keith Overcash, P.E. 

Director 

September 21 , 2009 _,.,'f,, --.. ~~l·,.:·,r-.."' -;".::.--::' <,/r~'·'~ 

:1"""•' ' '\ t 

~- i~._~,_,f ._ji:'t ~~"~~--·- 1l ~ 

,, : ' :! 

~~-- !1!:\4.-&ii(.HL: .~ 

A~T'A,CA. 

Dee Freeman 

Secretary 

This letter is to certify that the North Carolina Department of Environment and Natural Resources, 

Division of Air Quality (NCDAQ) has met the requirements of Section 11 O(a)( 1) and (2) Infrastructure 

State hnplementation Plan (SIP) Requirements for the 2006 fine particulate matter (PM25) National 

Ambient Air Quality Standards. Since guidance for the 2006 PM2 5 Infrastructure SIP has not been 

released, the NCDAQ relied on the October 2, 2007 memorandum, "Guidance on SIP Elements Required 

Under Sections 110(a)(l) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality 

Standards." 

The NCDAQ public noticed the Infrastructure SIP certification documentation in the five major 

newspapers across the State as well as on the NCDAQ website for 30 days. No comments were received 

from the public regarding the Infrastructure SIP. Please find attached the "North Carolina Certification 

for Clean Air Act Section 11 O(a)(l) and (2) 2006 Fine Particulate Matter (PM2 5) Requirements" 

Infrastructure SIP. 

The NCDAQ believes it has in good faith addressed the requirements of Section 11 O(a)(l) and (2) 

through the various SIP submittals. If you should have any questions regarding this submittal, please 

contact Laura Boothe of my staff at (919) 733-1488. 

~,£ ~ash,PE~ BKO:lab 

Attachment 

cc: Dick Schutt, USEPA 

Lynorae Benjamin, USEPA 

Donnie Redmond, NCDAQ 

Laura Boothe, NCDAQ 

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

2728 Capital Blvd , Raleigh, NC 27604 

Phone 919-733-3340 I FAX 919-715-7175 I Internet: www.daq.state.nc.us/ 

An Equal Opportunity' Affirmative Act1on Employer 

Nort OnehC l' aroma 

Naturally 
t· 
Attachment 1 

September 21, 2009 

Page 1 

North Carolina Certification For 

Clean Air Act Section 11 O(a)(l) and (2) 

2006 Fine Particulate Matter (PM2.

5) Requirements 

Under the Clean Air Act (CAA) States must submit State hnplementation Plans (SIPs) for areas 

designated as nonattainment for the National Ambient Air Quality Standards (NAAQS). Section 

llO(a)(l) and (2) ofthe Clean Air Act (CAA) require states to adopt and submit to the U.S. 

Environmental Protection Agency (USEP A) "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) 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 .1000 "Motor Vehicle Emission Control Standards" 

• 15A NCAC 2D .1200 "Control of Emissions ji-om Incinerators" 

• 15A NCAC 2D .1600 "General Conformity" 

• 15A NCAC 2D .1700 "Municipal Solid Waste Landfills" 

• 15A NCAC 2D .1800 "Control of Odors" 

• 15A NCAC 2D .1900 "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) 143-215.107(a)(5),Air quality standards and 

class~fications, 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 monitoring/data system: Section 110(a)(2)(B) ofthe 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 
Attachment 1 

September 21, 2009 

Page 2 

ambient air quality monitoring system in the State. NCGS 143-215.107(a)(2), Air quality 

standards and class~fications, provides the EMC with the statutory authority "To determine by 

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 2D .0500 "Emission 

Control Standards", 2D .0530 "Prevention ofSignifzcant 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 .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 nonattainment. 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 2Q .0500 "Title V Procedures", establishes an 

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

215.108 Control of sources of air pollution; permits required, provides the EMC with the 

statutory authority to permit sources of air pollution. NCGS 143-215.107(a)(7) Air quality 

standards and class(fications, 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 11 O(a)(2)(D) ofthe 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 ofthe 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 11 O(a)(2)(D)(i) plan to EPA. The following regulations and legislation address 

interstate transport: 

• 15A NCAC 2D .0530 "Prevention ofSign~ficant Deterioration" 

• 15A NCAC 2D .0531 "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 110(a)(2)(E) of the CAA requires states to provide for adequate 

personnel, funding and legal authority under State Law to carry out its SIP and related issues. 
Attachment 1 

September 21, 2009 

Page 3 

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 

powers of Commission and Department; auxiliary powers. Additionally, NCGS 143-

215.107(a)(1) Air quality standards and class~fications, 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 .0611 "Monitoring Emissions from Other Sources" 

• 15A NCAC 2D .0612 "Alternative Monitoring and Reporting Procedures" 

• 15A NCAC 2D .0613 "Quality Assurance Program" 

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

15A NCAC 2Q .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 

class~fications, 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 11 O(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 143-215.3(a)(1) 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 140 !J.g/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 III and would not be required to develop an emergency episode 
Attachment 1 

September 21, 2009 

Page4 

plan for PM2.5• Based on these criteria, North Carolina would be classified as a Class III Priority 

Area and therefore should not be required to adopt an Emergency Episode Plan for PM2.

5. 

Future SIP revisions: Section 11 0( 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 143-215.1 07(a)(l) and (a)(1 0) 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 .2401(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 110(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 ofthe CAA are addressed. NCGS 143-215.107(a)(l0) 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 

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

NCAC 2D .1600 "General Conformity" address the consultation requirements for the conformity 

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

.0531 "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 further requires states to notify the public 

ifNAAQS 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 
Attachment 1 

September 21 , 2009 

Page 5 

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 ofPM2.5 and ozone through the North Carolina Air Quality Forecasting Program 

and has an extensive outreach program to educate the public and promote voluntary emission 

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. 

PSD and visibility protection: Section 110(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 

Significant Deterioration" and the regional haze implementation plan, submitted to EPA on 

December 17,2007. NCGS 143-215.107(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 modeling/data: Section 11 O(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 Significant Deterioration" and 15A NCAC 2D .0531 "Sources in 

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

NCGS 143-215.107(a)(4) provides the statutory authority for conducting modeling. 

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 

143-215.3 General powers q(Commission and Department; auxiliary powers. 

Consultation/participation by affected local entities: Section 11 0( 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 q(Sign~ficant 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 Conformity" requires a consultation 

with all affected partners to be implemented for transportation conformity determinations. All 
Attachment 1 

September 21, 2009 

Page 6 

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 150-21.1 and 150-21.2). Finally, the 

Division of Air Quality organizes stakeholder meetings to support SIP development and rulemaking efforts.